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2009-165 establish and regulate a Fire Department and to Repeal By-law No. 2005-063 and 2006-071THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-165 BEING A BY-LAW TO ESTABLISH AND REGULATE A FIRE DEPARTMENT AND TO REPEAL BY-LAW NO. 2005-063 and 2006-071 WHEREAS Part II, Section 5 (0.1) of the Fire Protection & Prevention Act, 1997, S.O. 1997, c4, as amended, permits the Council of a municipality to establish, maintain and operate a fire department for all or any part of a municipality; AND WHEREAS Council of the Township of Oro-Medonte did, on the 15th day of June 2005, enact By-Law No. 2005-063, Being a By-Law to Establish and Regulate a Fire Department; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. DEFINITIONS: In this By-Law, unless the context otherwise requires: a) "Approved" means approved by Council; b) "Company"; means a complement of fire department personnel operating one or more pieces of fire apparatus or equipment under the direction of an officer; c) "Corporation" means The Corporation of the Township of Oro-Medonte; d) "Council" means the Council of The Corporation of the Township of Oro- Medonte; e) "Department" means the Oro-Medonte Fire and Emergency Services Department; f) "Fire Chief" means a Fire Chief appointed by by-law of the Council of The Corporation of the Township of Oro-Medonte under subsection 6 (1), (2), or (4) of the Fire Protection & Prevention Act; g) "Deputy Fire Chief" means a person appointed by the Corporation to act on behalf of the Fire Chief in the case of an absence or a vacancy in the office of the Fire Chief; h) "Fire Prevention Officer" means a person appointed to carry out the functions of Fire Inspections, Investigations and oversee Public Education; i) "Fire & Emergency Services Department" means the group of firefighters authorized to provide fire protection services by the Township of Oro-Medonte; j) "Fire Protection" means a range of services that provide protection to persons and property, as outlined in Schedule "B" attached hereto and forming part of this By-law; k) "Fire Prevention" means a range of services that provide prevention education, inspections and investigations to persons or property, as outlined in Schedule "B" attached hereto and forming part of this By-law; 1) "Member" means any person employed in, or appointed to, the Oro-Medonte Fire and Emergency Services Department assigned to undertake fire protection services, and includes officers, full time, part time and volunteer firefighters; m) "Volunteer Firefighter" means a firefighter who provides fire protection services either voluntarily or for a nominal consideration, honorarium, training or activity allowance. 2. FIRE AND EMERGENCY SERVICES DEPARTMENT ESTABLISH E D/C O NTI N U ED: A Department for the Township of Oro-Medonte to be known as the Oro-Medonte Fire and Emergency Services Department is hereby continued and the head of the department shall be known as the Fire Chief / Director of Fire and Emergency Services. 3. ORGANIZATION OF DEPARTMENT: a) The Department shall be organized as per Schedule "A" Organizational Chart, attached hereto and forming part of this by-law; b) In addition to the Fire Chief, Deputy Fire Chief and Fire Prevention Officer, the department personnel shall consist of such number of officers, such as District Chiefs, Captains and Firefighters as from time to time may be deemed necessary by Council. 4. SERVICES PROVIDED BY THE FIRE & EMERGENCY SERVICES DEPARTMENT: As outlined in Schedule "B" attached hereto and forming part of this By-law. 5. DISCIPLINE: Disciplinary measures exercised within the Fire and Emergency Services Department shall conform to the discipline policies of the Corporation and the Fire Protection and Prevention Act, 1997, as amended. 6. REMUNERATION: The remuneration for all volunteer firefighters shall be determined by Council. 7. DUTIES AND RESPONSIBILITIES: 7.1 The Fire Chief/Director of Fire and Emergency Services shall be responsible for the proper administration and operation of the Department, as outlined in his/her job description; and a) Shall take all proper measures for the prevention, control and extinguishment of fires and the protection of life and damage to property; b) Shall enforce all municipal By-laws respecting Fire Prevention; c) Shall adhere to the provisions of the Fire Protection and Prevention Act, 1997, as amended, and ensure compliance with all applicable By-laws, legislation, statues, codes and regulations. 7.2The Fire Chief/Director of Fire And Emergency Services recommends the appointment of any qualified person as a member of the fire department, subject to the approved hiring policies of The Township Of Oro-Medonte; a) Persons appointed as members of the fire department to provide fire protection services shall be on probation for a period of 12 months, during which period they shall take such special training and examination as may be required by the Department; b) If a probationary member appointed to provide fire protection services fails any such examinations or physical testing, the Fire Chief may recommend that he or she be dismissed. 7.3 Where the Fire Chief/Director of Fire and Emergency Services designates a member to act in the place of an officer in the Fire and Emergency Services, such member, when so acting, has all of the powers and shall perform all duties of the officer replaced. 8. SERVICE OUTSIDE MUNICIPAL BOUNDARIES OR LIMITS: The Department shall only respond to a call with respect to a fire or other emergency outside the approved response areas of the municipality at the discretion of the Fire Chief or by agreement and/or participation in the Simcoe County Mutual Aid Plan and Program. 9. FEES: a) The Fire and Emergency Services Department shall be authorized to implement fees for services as prescribed by the Township of Oro-Medonte Fees and Charges By-Law. b) And shall be authorized to recover expenses incurred by such necessary actions for The Corporation in the appropriate manner. 10. REPEALS: That By-Law Nos. 2005-063 and 2006-071 are hereby repealed in their entirety. 11. FORCE AND EFFECT: That this By-Law shall come into force and effect upon final reading. BY-LAW READ A FIRST AND SECOND TIME THIS 25TH DAY OF NOVEMBER, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 25TH DAY OF NOVEMBER, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE . Mug J. Do as Irwin Schedule "A" to By-law No. 2009-165 for The Corporation of the Township of Oro-Medonte FIRE & EMERGENCY SERVICES DEPARTMENT ORGANIZATIONAL CHART COUNCIL "DEPUTY FIRE CHIEF" OPERATIONS & TRAINING "TECHNICAL" SUPPORT STAFF I "FIRE PREVENTION OFFICER" FIRE PREVENTION DISTRICT CHIEF STATION #1 DISTRICT CHIEF STATION #2 CAPTAINS CAPTAINS DISTRICT CHIEF STATION #3 F CAPTAINS CHIEF ADMINISTRATIVE OFFICER "FIRE CHIEF" DIRECTOR FIRE & EMERGENCY SERVICES DISTRICT CHIEF DISTRICT CHIEF DISTRICT CHIEF STATION #4 STATION #5 STATION #6 CAPTAINS CAPTAINS CAPTAINS VOLUNTEER VOLUNTEER FIREF GHTERS I I FIREFIGHERS I I FI/REF GHTERS I I FIREF GHTERS I I FI/REF GHTERS I I FIREFUGHTERS Schedule "B" to By-law No. 2009-165 for The Corporation of the Township of Oro-Medonte SERVICES PROVIDED BY THE ORO-MEDONTE FIRE AND EMERGENCY SERVICES DEPARTMENT: The Oro-Medonte Fire And Emergency Services Department will provide the following services: a) Fire prevention, public fire safety education in schools, public functions and organizations. b) Fire extinguishing which includes, structural firefighting, fire control and property conservation. c) Fire Investigations, to determine the origin and causes of fires. d) Fire Inspections on industrial, commercial and residential properties. e) Pre-fire planning and fire safety plan assistance. f) Protection of persons and property from injury or destruction by fire. g) Salvage operations. h) Ice water rescue. i) Hazardous materials response and containment (awareness level). j) Motor vehicle collisions and extrication. k) Emergency precautionary standby. 1) Emergency response and control of wild-land urban Interface fires. m) Emergency fire alarm response. n) Response to any request that the Fire and Emergency Services deems an emergency, including but not limited to Carbon Monoxide alarms, and Gas Detection. o) Lost persons, animals in peril, search and rescue, recovery. p) Confined space rescue, entrapment rescue. q) Heavy equipment and farm rescue type calls. r) Service type calls as deemed necessary by the Fire Chief or designate, including but not limited to, burning complaints, odour investigations, public inquiries regarding Fire Safety or prevention. s) Emergency Management control and response to public evacuation and relocation. t) Airport Emergency Standby, Response and Rescue.