Loading...
1994-012 To establish and Regulate a Fire Department . THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 94- 12 BEING A BY-LAW TO ESTABLISH AND REGULATE A FIRE DEPARTMENT WHEREAS Chapter M45, of the Municipal Act R.S.O. 1990 Section 210 su~sec~ion 31 provides that the Council may by-law establ ish, malntaln, operate and regulate afire department in order to provide fire fighting and fire protection services to the Township of Oro-Medonte. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Definitions: In this by-law, unless the context otherwise requires, (1) COUNCIL - means the Council of the Corporation of the Township of Oro-Medonte. ( 2 ) (3 ) DEPARTMENT - means the Oro-Medonte Fire Department FIRE PROTECTION - means a range of programs designed to protect the lives and property of the inhabitants of the Fire Department response area from the adverse effects of fires, sudden medical emergencies or exposure to dangerous conditions created by man or nature and includes fire prevention and public education, rescue, and suppression services. ( 4 ) VOLUNTEER FIREFIGHTER - means a person who voluntcrily acts as a firefighter for a nominal consideratic n or honorarium. (5) FULL-TIME FIREFIGHTER - means a person regularly employed in the Fire Department on a full-time salaried basis and assigned exclusively to fire protection or fire protection duties, and includes off icers and technicians. (6) FIRE CHIEF - means the Chief Fire Official and head of the department, appointed by a by-law of the Council t act as Fire Chief. (7) DEPUTY FIRE CHIEF - means the one person appointed by a by-law of the Council to act in the place of the Chief of the Fire Department in his/her absence or in the case of a vacancy in the Department. (8 ) COMPANY - means a complement of personnel operatinG one or more pieces of apparatus under the supervision ~f an officer. ( 9 ) MEMBER officers. means a volunteer firefighter incllding 2. That a department for the Township of Oro-Medonte to be known as the Oro-Medonte 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 a Deputy Fire Chief and such other number of officers and members as from time to time may be deemed necessary by Council. - 2 - 4 . The Chief of the department may recommend to Council appointment of any qualified person as a member of Department when a vacancy exists. the the (1) Is of good character and standing. (2) Is not less than 18 years of age and not more than 50 years of age. Volunteer Fire Fighters appointed as members of the Department shall cease to be active members of the Department at 60 years. (3) Has a valid Class "D" ontario Driver's Licence and "z" Air Brake Endorsement (or must be obtained in one year) . (4) Has successfully completed at least grade 10 education, or is proficient in certain trades or skills, deemed by the Fire Chief to be acceptable in lieu of the required academic qualifications. (5) Passes such aptitude tests as shall be required by the Chief of the Department. (6) Is medically fit to perform all duties of a firefighter as certified by a physician. (7) Provides a letter from his/her employer authorizing him/her to attend emergency calls as required. (8) Subsection 4(7) herein does not apply to persons appointed as volunteer firefighter prior to the final passing of this by-law. 5. A person appointed as a member of the Department for fire protection duties shall be on probation for a period of one year during which he/she shall take such special training and examinations as may be required by the Chief. 6. If a probationary member of the Department fails such examinations, the Fire Chief may dismiss him/her and shall report such actions to the Chief Administrative Officer of the Township. 7. The honorarium of the Volunteer Firefighters shall be as set out in Schedule "A" attached hereto. 8. The Fire Chief may reprimand, suspend or dismiss any volunteer f iref ighter for insubordination, ineff iciency , misconduct, tardiness or for noncompliance with any of the provision of the by-law or general orders, departmental rules and regulations that, in the opinion of the Chief, would be detrimental to the discipline and efficiency of the Department, the Fire Chief in exercising his responsibilities under this section will not act in a discriminatory manner. Prior to the dismissal of a member, the Fire Chief will consult with the appropriate Volunteer Officers, the Deputy Fire Chief and the Chief Administrative Officer. The Fire Chief shall report all action taken to the Chief Administrative Officer. 9. 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 (1) Shall make such general orders and department policies, procedures and regulations as may be necessary for the care and protection of the Department and generally for the efficient and effective operation of the departmGnt. Providing that such general orders and regulations do not conflict with the provisions of any by-laws of the Municipality. - 3 - (2) Shall review periodically the policies and guidelines of the Department and may establish an advisory committee consisting of such officers as he/she may determine from time to time to assist him/her in these duties. (3) Shall take all proper measures for the prevention, control, and extinguishment 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 him/her by the Fire Marshals Act. (4) Is responsible for the enforcement of this by-law and all general orders and departmental regulations. (5) Shall report all fires to Fire Marshal as required by the Fire Marshal's Act. (6) Shall submit to the Council for its approval, as required by the Council, the annual estimates of the Department. (7) Is responsible for the appointment of a sufficient number of members as in his/her opinion are necessary to ensure the provision of Fire Protection service to the level established by Council from time to time. (8) Is hereby authorized to use equipment other than Fire Department equipment that is deemed necessary to be used to prevent the spread of fire, or the extinguishing of fire, and the costs therefore shall be borne by the Corporation of the Township of Oro-Medonte. The Corporation may recover expenses incurred by such necessary action in a manner provided by the Municipal Act. 10. The Deputy Fire Chief shall report to the Fire Chief on the activities of the divisions that are his/her responsibility and carry out the orders of the Fire Chief, and, in the absence of the Fire Chief, has all the powers and shall perform all the duties of the Fire Chief. 11. The Department is composed of the following divisions: Division of Administration Division of Apparatus, Equipment, and Communications Division of Firefighting Division of Fire Prevention Division of Training 12. The Fire Chief of the Department is responsible for the carrying out of the following duties of the Division of Administration: (1) Provide appropriate and adequate facilities for the personnel, apparatus, and equipment of the Department (2) Prepare the Departmental budget and exercise control of the said budget. (3 ) Initiate requisitions for materials and services and certify all account of the Department. (4) Maintain personnel records. (5) Recommend and arrange for the provision of new bui ldings. (6) Carry out the general administrative duties of the department and arrange for the provision of medical services. - 4 - (7) Conduct investigations of a fire in order to determine cause, origin, and where appropriate, to request the Office of the Fire Marshall to conduct an investigation. (8) Prepare the annual report of the Department. (9) Provide liaison Association. with the local Fire Fighters' (10) Provide liaison with the Simcoe County Fire Co-ordinator. (11) Assist the Simcoe County Fire Co-ordinator preparation and operating procedures for the County Emergency Fire Service plan. in the Simcoe 13. The Fire Chief or his/her designate is in charge of the Division of Apparatus, Equipment and Communications, and in the case of a designate is responsible to the Fire Chief for the carrying out of the following duties of the Division. (1) Prepare specifications for the purchase of apparatus and equipment. (2) Maintain and keep in repair all existing buildings, fire fighting rescue and salvage apparatus of the Department. (3) Modify apparatus and equipment. (4) Provide for the recharging of fire extinguishers and air/oxygen bottles and to test and repair hoses. (5) Where waterworks commission is established, provide liaison in order 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. (6) Issue clothing, equipment, and cleaning supplies. (7) Receive alarms and dispatch apparatus from the dispatch office. (8) Prepare specifications for new communication systems and for additions to existing communication systems. (9) Maintain the communication system of the Department. (10) Prepare the annual report and budget of the Division of Apparatus, Equipment, and Communications to be submitted to the division of Administration. (11) Such other duties as may be assigned. 14. The Deputy Fire Chief is responsible to the Fire Chief for the Management and operation of the Division of Firefighting. The Township of Oro-Medonte composed of such number of companies as the Chief of the Department may determine. And for the carrying out of the following duties of the division: (1) Prevent, control and extinguish fires. (2) Perform rescue operations including ice/ cold water rescue within established operating guidelines. (3) Respond to health related emergencies and render first aid. (4) Participate in training at stations. - 5 - (5) Conduct pre-firefighting operations planning and fire prevention inspections. (6) Respond and assist at such emergencies as may be required by the Fire Chief while on duty and when available off duty. (7) Perform apparatus maintenance and cleaning duties at the stations. (8) Prepare the annual report and budget of the Division of Firefighting to be submitted to the Division of Administration. (9) Such other duties as may be assigned. (10) A District Chief is in command of the district to which he is assigned and during his/her tour of duty is responsible for the proper operation of that company to the District Chief of the district of which the company is located. (11) A Captain is in command of the company to which he/she is assigned and during his/her tour of duty is responsible for the proper operation of that company to the District Chief of the district of which the company is located. (12) Where the Fire Chief designates a member to act in the place of an officer in the department, such member, when so acting, has all the powers and shall perform all the duties of the Officer replaced. 15. The Fire Chief is responsible for carrying out the following duties of the division of Fire Prevention and may designate a member as a Fire Prevention Officer to: (1) Conduct fire prevention inspections of premises within the Municipality. (2) Enforce the Ontario Fire Code and any authorized Municipal Fire Prevention By-law. (3) Examine Building Plans. (4) Provide personnel for Fire Prevention lectures. (5) Assist with fire investigations and maintain photographs of facilities as may be required. (6) Maintain fire loss records. (7) Receive, process, and follow up reports of fire prevention inspections conducted under the Division of Fire Fighting. (8) Prepare the annual report and budget of the Division of Fire Prevention to be submitted to the Division of Administration. (9) Perform such other duties as may be assigned. 16. The Fire Chief is responsible for carrying out the following duties of the Division of Training and may designate a member as a Training Officer to: (1) Conduct training for all personnel of the Department in Fire Administration, Fire Prevention, and Fire Fighting. (2) Administer training progress in the stations. - 6 - (3) Prepare and conduct examinations of the members as required by the Chief. (4) Prepare an annual report and budget of the Division of Training to be submitted to the Fire Chief. (5) Perform such other duties as may be assigned. 17. The provisions of this section, with respect to the promotion of members, do not apply to the Deputy Chief. (1) Any member having at least 5 years of fire service with the Oro Medonte Fire Department may make application to the Fire Chief to qualify him/her for promotion to a rank immediately superior to his/her present rank when there is a vacant position. (2) Every recommendation for promotion of a member made to the Chief Administrative Officer of the Municipality by the Fire Chief shall be based on the evaluation of: (a) The results of examinations taken by the member, (b) The age and physical fitness of the member, and (c) The fire and station record of the member (3) When, in the opinion of the Fire Chief, all other factors for the promotion of two or more members are equal, seniority of service in the department governs. (4) The Fire Fighting and station record of each member of the Department shall be evaluated as follows: (a) The Chief of each district shall evaluate each member of his/her station. (5) The Fire Chief and the Deputy Fire Chief of the Department shall evaluate all members of the Department who are participating in an examination for promotion. (6) Every applicant for promotion shall take such written, oral, and practical examination as may be required by the Fire Chief. 18. (1) Every member of the Department appointed for Fire Fighting duties is subject to a medical examination prior to his/her appointment and such other times as the Fire Chief may require. A medical form will be supplied by the Department and is to be completed in full by a legally qualified medical practitioner who will certify in writing to the Fire Chief that the medical examination has been completed and the member is medically fit to perform all the duties of a Firefighter. Cost, if any, to be paid by the Municipality. The Municipal i ty, through the Fire Chief reserves the right to require the medical examination to be completed by a designated medical practitioner, at the expense of the Municipal i ty. (2) If a Board of Medical Examiners finds that a member is physically unfit to perform his/her assigned departmental duties and that such condition is attributed to, and a resul t of his/her employment in the Department, the Council may assign the member to other employment or may retire him/her and provide such retirement allowance as deemed proper. (3) Failure to comply with the requirements of section 18 (1) above will result in termination of his/her appointment as a member of the Department. - 7 - 19. (1) Every member of the Department shall report for duty at the time prescribed by the Departmental rules and shall remain on duty until relieved. (2) In the case of a member failing to report for duty, the Officer in charge shall report this in writing, through his/her superior officer, to the Chief of the Department. (3) No member, if his/her ability is impaired by the use of an intoxicating beverage or drug, shall be permitted to remain on duty. (4) No member while on duty, shall consume any intoxicating beverage or drug. (5) No member shall solicit the influence or support of anyone in order to secure a transfer, promotion or other advantage. 20. The Department shall not respond to a call with respect to a fire or emergency outside the limits of the Municipality except with respect to a fire or emergency: (1) That in the opinion of the Fire Chief threatens property in the Municipality or property situated outside the Municipali ty that is owner or occupied by the Municipality. (2) In a Municipality with which an agreement has been entered into to provide fire protection. (3) On property with respect to which an agreement has been entered into with any person or Corporation to provide fire protection. (4) On those highways that are under the jurisdiction of Ministry of Transportation of Ontario or wi thin County of Simcoe where the County of Simcoe established an Emergency Rescue System. the the has 21. That Schedule "B" titled "Township of Oro-Medonte Fire Department Organization Chart" is attached hereto and forms part of this by-law. 22. That any by-law or part of any by-law by the former municipalities of the Township of Oro, and the Townshjp of Medonte to establish, maintain, and operate a fire departnent, are hereby repealed. 23. That this by-law shall come into force and effect and take effect on and from the day it is finally passed by Council. BY-LAW READ A FIRST AND SECOND TIME THIS ~~ , 1994. B~~W READ A THIRD TIME AND FINALLY PASSED THIS IO~LbAY OF J')..r-! , 1994. /o~ DAY OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDO ,>- ( <- Drury, Mayor ----- fire\firedept.byl ~~)JLlv/~ d'7f.: --1Darlene Shoebridge, Clerk (j SCHEDULE A ORO/MEDONTE FIRE DEPARTMENT POINT STRUCTURE FOR JANUARY 1, 1994 Point Value = $6.30 (1991 Rate) . RESPONDING TO EMERGENCY CALLS: 3 Points for first hour worked 1 Point for every half hour after first hour TRAINING: (APPROVED) 1 Point for every half hour Note: Mileage at $0.32 per km., and meals will be paid if on an out-of-town training course only. Meal receipts are required for payment. MAINTENANCE: (APPROVED) 1 Point per half hour worked. FIRE PREVENTION: (APPROVED) 1 Point per half hour worked. MUTUAL AID MEETING: No points. Mileage only for driver at $0.32 per km. RANK : District Chief captain Training Officer $664.37 + points $441.84 + points $125.00 per session. . .. SCHEDULE -B- TOWNSHIP OF ORO-MEDONTE DEPARTMENTAL ORGANIZATIONAL CHART --- ~-_. Administration STATION #1 1 District Chief 3 captains 12 Firefighters U:\fire\staff_ch Apparatus and Equipment STATION #2 1 District Chief 3 captains 12 Firefighters Municipal Council Administrator Chief Fire Official Deputy Fire Chief Division of Firefighting 6 Pumpers 2 Rescue 6 Tankers units Training Officer Secretary ~ ~ . . preventiJ Fire Volunteer/Part Time Firefighters section STATION #3 1 District Chief 3 captains 12 Firefighters STATION #4 1 District Chief 3 captains 12 Firefighters STATION #5 1 District Chief 3 Cap~ains 12 Firefighters Training STATION #6 1 District Chief 3 captains 12 Firefighters