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HomeMy WebLinkAboutFD-1-94 THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File Date: OCTOBER 17, 1994 Report FD-1-94 File #: 10 . 12 . 6 By-Law Subject: BY-LAW 84-68 AS IT PERTAINS TO RESCUE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. ) That report FD-1-94 be received; 2 . ) That the Fire Department commence training to provide the necessary level of rescue to the municipality; 3 . ) That the Fire Department purchase all the necessary equipment to perform rescue at the required levels, to a maximum of $15,000. 00; 4 . ) That due to the needs of the municipality, training and purchase of necessary equipment commence forthwith; and 5 . ) That the town solicitor be directed to revise the Fire Department's establishing by-law number 84-68, (see Appendix 1 attached) , to address clearly the level of rescue the department will provide to the municipality. BACKGROUND 1. 1 Recently, a lot of attention has been given to rescue procedures carried out by local fire departments . A case in point is the Port Colborne incident, where a firefighter lost his life performing water based rescue, in an attempt to save the life of a resident. As a result of the court proceedings it was recognized that one of the causes in the incident was the insufficient equipment and training of the firefighters to perform such rescue operations. Continued. . . . . - 2 - 1 . 2 In order to safely direct and properly train fire department personnel, staff asked Council for clarification of "rescue" as it appears in the fire department's establishing by-law number 84-68. 1 . 3 At the Council meeting of December 13, 1993 staff was directed to contact other regional municipalities to see what level of rescue they provide. Staff surveyed the Ajax, Oshawa, Pickering and Whitby Fire Departments . All departments have taken part in a Water/Ice Rescue Course, offered by the Ontario Fire Marshal, which trains firefighters for Shore Based Water/Ice Rescue (Level 1) . All departments are presently performing Level 1 rescue. Whitby and Pickering are equipped for Level 1 Ice/Water Rescue and the other departments will acquire the proper equipment in 1994 . Ajax Fire Department will go to Boat Rescue (Level 11) and Water Entry Based Rescue (Level 111) as funds are available. The other departments are not considering Level 11 and Level 111 at the present time. As a result of the Port Colborne Fire Department incident, the Office of the Fire Marshal (OFM) formed a special committee to develop a Shore Based Water & Ice Rescue Training Program for the Ontario Fire Service. The committee included representatives from throughout the Fire Service, as well as from the Ontario Provincial Police, Ministry of Labour, Canadian Coast Guard and the Municipal Health and Safety program. The objective of this committee was to implement a water and ice rescue program for municipal fire departments . This program has now been implemented and is provided without cost to the municipality. The Office of the Fire Marshal is also reviewing the need for high angle and confined space training. It is anticipated that this type of training will also be offered in the future. 1.4 Off shore rescue on Lake Ontario is provided by COMRA (City of Oshawa Marine Rescue Association) as well as by the Coast Guard, which is based in Trenton. These organizations do not get involved with the inland waterways such as ponds, rivers, streams, etc . that lie within the jurisdiction of the municipalities. At the present time rescue service for inland waterways is provided by municipal fire departments as there is no other agency to provide this service within the various municipal boundaries . Continued. . . . . - 3 - 1.5 Another concern, where clarification is required, is high angle rescue and confined space rescue. This type of rescue would be the result of one of our farm people trapped in a silo or other confined space, requiring the rescuer to be lowered to an area that cannot be reached by normal methods . This type of rescue could also involve lowering a casualty from a roof or other area above grade. Our municipality also has the bluffs along the lakeshore where we should be'capable of assisting a resident should they require help. The other fire departments surveyed are not, at present, performing High Angle Rescue. Pickering and Whitby Fire Departments are in the process of purchasing equipment and developing training for confined space rescue. Ajax Fire Department has purchased equipment and presently performs confined space rescue. Oshawa Fire Department does some confined space rescue but uses only their existing equipment. 1.6 Staff has carried out rescue as directed by Council through the establishing by-law 84-68 and we have only been called once in the past 7 years to assist at a mill pond. The Ontario Fire Marshal 's Office, in its Comprehensive Fire Safety Effectiveness Model defines "fire protection services" as a range of programs and services designed to protect the inhabitants of the fire department's response area from the adverse effects of fire, sudden medical emergencies or exposure to dangerous conditions created by man or nature and includes prevention, rescue and suppression services . 1.7 In staff's experience, the fire department is the agency who will be contacted to deal with most emergency situations, including any type of rescue. It is our desire to take a proactive approach in these matters and therefore it is essential that the establishing by-law clearly define the level of rescue to be provided to protect the municipality, its elected officials and staff and most importantly, its residents . Staff has recognized that legislation contained in the Occupational Health and Safety Act dictates that the employer adequately train and provide the equipment necessary to protect the lives of our employees . The employer has to provide a reasonably safe and healthful workplace which cannot be done without providing adequate training and equipment. i Continued. . . . . UJ 4 - 1 . 8 The fire department already has some rescue equipment on hand. It would need to purchase equipment to perform high angle or confined space rescue . We anticipate that the cost for training and equipment requirements could be handled from the existing budget and monies from the Fire Department Equipment Reserve. 2 . RECOMMENDATIONS: 2 . 1 It is respectfully recommended that the General Purpose and Administration Committee recommend to Council that By-law No. 84-68 be amended to expand rescue responsibilities to include Level II Ice/Water rescue, exclusive of Lake Ontario. See Appendix No. 2 . 2 . 2 That future training be established for Confined Space and High Angle Rescue . This is required in order to allow for rescue in such areas as silos, which are plentiful in the vast agricultural area within our municipality, as well as the lakeshore bluffs . Future development of high rise apartments may also create a need for this type of training. Further amendments to the Fire Department By-law may be required once the department is prepared to assume these responsibilities . 2 . 3 That the basic equipment required for these types of rescue and the appropriate training be provided as soon as possible to insure that the department is ready for any emergencies and is in compliance with Occupational Health and Safety requirements . 2 .4 Committee provide the authority, in accordance with the Purchasing By-law, to purchase a proper vessel for inland water rescue . 2 . 5 That the amount for the basic rescue equipment required, come from the department' s equipment reserve account 2900-00014-x, which is designed for the purchase of such equipment . Continued. . . . 804 FD-1-94 - 5 - 2 .6 That training commence as soon as the required equipment has been purchased by the department. Respectfully submitted, Reviewed by, y ,�. Cud p Michael G. Cr4ighton, W. H. Stockwell, Fire Chief Chief Administrative Officer. MC/sr Encl. October 12, 1994 i i CERTIFIED COPD. THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 84- 68 being a by-law to provide for the establishment and regulation .of a Fire Department for the Town of Newcastle WHEREAS the Municipal Act provides that the Council may by by-law, establish and regulate a fire department; THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: DEFINITIONS: 1. In this by-law, unless the context otherwise requires; (a) "Council" means the Corporation of the Town of Newcastle; (b) "Department"means the Town of Newcastle Fire Department; (c) "Fire Protection" means prevention, rescue and suppression services; (d) "Personnel" includes all part-time and full time personnel of the Town of Newcastle Fire Department. 2. A department for the Town of Newcastle to be known as the Town of Newcastle Fire Department is hereby established and the head of the Department shall be known as the Chief of the Department. 3. In addition to the Chief of the Department, the Department personnel shall consist of other officers and firefighting personnel as may be deemed necessary by Council. 4. (a) The Chief of the Department may recommend to the Council the appointment of any qualified person to the Department. (b) Where a person is qualified to be appointed a full time employee, of the Department for fire fighting and prevention duties, such appointment shall be subject to all of the terms and conditions of employment established for such position by the Town of Newcastle. 5. The remuneration of all personnel of the Department shall be as determined by the Council within the terms of the Fire Department Act. 6. The Chief of the Department is responsible to the Council for the proper administration and operation of the Department, for the discipline of its members and; (a) may make such general orders and departmental rules as may be necessary for the care and protection of the Department and generally for the efficient operation of the Department, provided `-thaV- Ucn general-orders and-ruies-do­not-confIict-with`the`—__ provisions of any by-laws of the Municipality; __ (b) shall review periodically the policies and procedures of the Department and may establish an Advisory Committee consisting of such officers as may be determined from time to time to assist the Chief in these duties; i By-.law 84- _ 2 - (c) shall take all proper measures for the prevention, control and extinguishing of fires, and for the protection of life and property, and shall enforce all municipal by-laws respecting fire prevention, and exercise the powers and duties imposed on the Chief by the Fire Marshals Act; (d) shall be responsible for the enforcement of this by-law and the general orders and departmental rules; (e) shall report all fires to the Fire Marshal as required by the Fire Marshals Act; (f) shall submit to the Council for its approval , the annual estimates of the Department; (g) where the Chief of theDepartment designates .another person to act in place of an officer in the Department, such person when so acting, shall have all the powers and shall perform all the duties of the officer replaced. 7. (a) The Department is composed of the following divisions: Administration Division; Fire Fighting Division; L " Fire Prevention Division; Training Division. 8. The Chief shall be responsible for carrying out, or co-ordinating the following duties of the Divisions: (a) Provision of Administrative Facilities; (b) Preparation of and control of the .departmental budget; (c) Preparation of the Departmental payroll , initiate requisitions for materials and services and approve of all departmental expenditures; (d) Maintenance of personnel records; (e) Advise Council on new building requirements as necessary; (f) Arrange for the provision of medical services that may be required from time to time; (g) Preparation of the annual report to Council on Departmental activities; (h) Carrying out of the general administrative duties of the Department; `-' (i ) Provision of liaison with the local Fire Fighters' Association; (j ) Provision of liaison with the Regional Fire Co-ordinator; (k) Assist the Durham Region Fire Co-ordinator in the preparation of an emergency fire service index and operating procedures. (1 ) Preparation of specifications for the purchase of new apparatus and equipment; (m) Maintenance and repair of all existing buildings, fire fighting and rescue and salvage apparatus of the Department; (n) Modification of fire apparatus and equipment as may be required from time to time; r } By-law 84- _ 3 _ (o) Provision of liaison with the Regional Departments to ensure an adequate flow of water in new waterworks projects and the adequate maintenance of existing waterworks facilities for the use of the Department; (p) Issuing of clothing, equipment and cleaning supplies; (q) Preparation of specifications for new communication systems and for additions to existing communication systems; (r) Maintenance of the communication systems of the Department; (s) (i ) Prevention, control and extinguishing of fires; (ii) Conduct of in-service fire prevention inspections for all classes of occupancies; (iii ) Conduct investigations to determine cause and origin of fires and, where appropriate, to request the Office of the Fire Marshal to conduct an investigation; 4Lro m,rescue and salvage-operati-ons�and"render-first aid t O-7-fV-1ctims ;as .may be OWi7 ed from time to, ,time (v) Conduct pre-fire fighting operations planning; (t) (i) Conduct fire prevention inspections of premises;- (ii) Enforcement of fire prevention by-laws; Examination of building plans; (iv) Provision of instructors for fire prevention lectures; (v) Maintenance of fire loss records; (vi ) Receiving, processing and preparation of follow-up reports of fire prevention inspections; (vii) Promotion of fire prevention activities and programs throughout the municipality; (u) (i ) Conducting training courses for all personnel of the Department with respect to fire administration, fire prevention, and fire suppression; Administration of training programs in all fire stations; To regularly test the proficiency of all fire fighting personnel ; 9. (a) All recommendations for promotion of fire fighting personnel shall be based upon an evaluation of the following elements: (i ) the results of examinations taken by the fire fighter; (ii ) the age and physical fitness of the fire fighter; (iii ) the fire and station record of the fire fighter; (b) The Chief of the Department, or his designate, shall evaluate all the personnel of the Department participating in an examination for promotion; (c) Every applicant for promotion shall take such written, oral and practical examinations as may be required by the Chief of the - Department. l ,, �u,, - r - 4} - 10. (a) All Departmental personnel appointed for fire fighting duties shall be subject to a medical examination annually, and at such other times as the Chief of the Department may require. (b) If a board of medical examiners finds that a fire fighter is Physically incapable of performing his assigned departmental duties and that such condition is attributable to and a result of his employment in the Department, the Council may assign the person to other employment, retire the person or terminate his employment. And in that event, provide such allowances as may be consistent with Town Policy. 11 . (a) All Department personnel shall report for duty at the time prescribed by the departmental rules and shall remain on duty until removed or re-assigned. (b) Where a fire fighter fails to report for duty, the officer in charge shall file a report through their superior officer, to the Chief of the Department. (c) Fire Department Personnel : (i ) while in uniform, shall not enter any premises where alcoholic beverages are sold or consumed, except in the performance of their departmental duties; NO shall not be permitted to remain on duty if their ability is impaired by the use of an -intoxicating beverage or. drug; (iii ) while on duty, shall not consume any intoxicating beverage or drug. (d) Department personnel shall not solicit the influence, or support of anyone in order to secure a transfer, promotion or other advantage. 12. (a) The Chief of the Department may reprimand, suspend or recommend dismissal -of any department personnel for insubordination, inefficiency, misconduct, tardiness or for non-compliance with any of the provisions of this by-law or general orders and departmental rules that, in the opinion of the Chief, would be detrimental to the discipline and efficiency of the Department. (b) Where Departmental personnel have been suspended or dismissed, the Chief of the Department shall report the suspension or dismissal to the Chief Administrator's Office. (c) Department personnel shall not be dismissed without the benefit of a hearing. And such hearing shall be undertaken by the Chief Administrative Officer and Fire Chief, provided a written request for such hearing is received within seven days following the mailing or service of the dismissal notice. 13. The Department shall not respond to a call outside the limits of the municipality with respect to a fire or emergency except: (a) that in the opinion of the Chief of the Department,-threatens property in the municipality or property situated outside the municipality that is owned or occupied by the municipality; (b) in a municipality where an agreement has been entered into for the provision of fire protection; (c) on property where an agreement has been entered into with any person or corporation for the provision of fire protection services. l By-law 84- 68 _ 5 - 14. The followin-g by-laws of the Town of Newcastle's predecessor municipalities shall be and are hereby repealed: 1 . By-law No. 1528 of the former Township of Clarke; 2. By-law No. 71-21 of the former Village of Newcastle; 3. By-law No. 71-22 of the former Village of Newcastle; 4. By-law No. 1999 of the former Town of Bowmanville; 5. All by-laws of the Town of Newcastle and its predecessor municipalities that are not consistent with this by-law. 15. This by-law shall come into force and take effect on the day of enactment by Council. By-law read a first and second time this 14th day of May 1984 By-law read a third time and finally passed this 14th day of May -184 Mayor Clerk CERTIFIED UNDER THE HAND OF TIM CLERK AND THE SEAL OF THECORPORATION OF THE TOWN OF TO BE A TRUE COPY OF BY-I NEWCASiLt r OF THE CORPORATION OF THE TOWN OF NEWCASTLE DATED THE DAY OF - /41 /�1�8t 1 •CLERK OF THE CORPoRATION OF TME TOWN Of NE11MILI SENT BY;Shibley Righton ;10-12-94 ; 11 :02 Shibley Righton" 905 623 5717;* 3/ 4 ATTACHMENT #2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 94- being a by-law to amend By-law No. 84µ68 respecting the duties of the Municipality of Clarington's Fire Department WHEREAS Council considers it to be expedient to "tend the duties of the Municipality of Clarington's Fire Department to include certain land based water rescue and water rescue. NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AS FOLLOWS- 1. Section. 8 of By-law No. 84-68 being a by-law to provide for the establishment and regulation of a Fire Department for the Municipality of Clarington is amended by: (a) renumbering Section 8(u) as Section 8(v); (b) deleting from renumbered Section. 8(v)(i) the word "and" as it appears after the words "fire prevention", and adding the words "land based water rescue and water rescue" after the words "fire suppression" in renumbered Section 8(v)(i); and (c) adding a new Section 8(u) as follows: "(u) undertake the following: (i) land based water rescue in the Municipality of a person where the rescuer is tied or secured to the shore or bank of the creek, river, pend or marsh in question, and water rescue in the Municipality of a person in where the rescuer effects or attempts to effect a rescue on a cheek, river, pond or marsh using a boat or vessel, provided that neither a land based water rescue or a water rescue shall be attempted by the Chief or a member of a Division on any part of Lake Ontario including a part which includes a portion of the mouth q1 1, SENT BY:Shibley Righton ;10-12-94 ; 11 :03 ; Shibley R10ton—, 905 623 5717;# 4/ 4 .2- of a creek or river draining into lake Ontario located in Lake Ontario rfeyond the projection of the high water line of sake Ontario at the time at which the particular land based water rescue or water rescue takes place. 2. Ibis Bylaw shall come into force and take effect on the day on which it is enacted by Council. BY-LAW read a first and second time this — day of October, 1994, BY-LAW read a third time and finally passed this day of October, 1994. Diane Hamre, mayor atff . arrie, er ,12