2013-221 To Establish and Regulate a Fire DepartmentTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2013 -221
BEING A BY -LAW TO ESTABLISH AND REGULATE A FIRE DEPARTMENT
AND TO REPEAL BY -LAW NO. 2009 -165
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 25th day of
November 2009, enact By -Law No. 2009 -165, 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) "Chief Administrative Officer (CAO)" means the person appointed by Council to
act as the Chief Administrative Officer for the Corporation
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) "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;
g) "Fire Chief "means a person appointed by the Corporation to act as Fire Chief
under the Fire Protection & Prevention Act;
h) "Firefighter" means a person who provides Fire Protection services;
i) "Fire Prevention Officer" means a person appointed to carry out the functions of
Fire Inspections, Investigations and oversee Public Education;
j) "Fire & Emergency Services Department "means the group of firefighters
authorized to provide fire protection services by the Township of Oro - Medonte;
k) "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;
1) "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;
m) "Limited Services "means a variation of services significantly differentiating from
the norm as a result of extenuating circumstances, such as environmental
factors, obstructions, remote and /or island property, unmaintained private
roadways, lands and drives;
n) "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;
o) "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
ESTABLISHED /CONTINUED:
a) 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.
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, Training Officers, Lieutenants and Firefighters as from time to
time may be deemed necessary by Council;
c) Firefighters of the Township of Oro - Medonte Fire and Emergency Services
Department for the purposes of "WSIB" Workplace Safety Insurance Board shall
be defined as Volunteer Firefighters;
d) Each division of the Department is the responsibility of the Fire Chief and is
under the direction of the Fire Chief or a member designated by the Fire Chief.
Designated members shall report t the Fire Chief on divisions and activities under
their supervision and shall carry out all orders of the Fire Chief.
e) The remuneration for all Volunteer Firefighters shall be determined by Council.
4. LEVELS OF SERVICES:
a) The Department shall provide such services as outlined in Schedule "B" attached
hereto and forming part of this By -law;
b) Due to the Department's reliance upon Volunteer Firefighters, the topographic
and geographic configuration of the Township, the level and amount of
equipment at the Department's disposal, and other budgetary constraints, the
services outlined in Schedule "B ", although approved, may be provided as
"Limited Services" as defined in Section 1 of this by -law;
c) The Corporation accepts no criminal or civil liability for the delay or inability to
supply the services outlined in Schedule "B" of this by -law due to the provision of
its services as "Limited Services" or due to the existence of unsafe conditions
encountered en route, impeded access to property, and /or environmental
factors /constraints.
5. 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.
6. DUTIES AND RESPONSIBILITIES:
6.1 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 be empowered to authorize:
i) Entering all lands and premises within the municipality where a fire is
occurring or has occurred;
ii) Pulling down or demolishing any building or structure to prevent the spread of
fire;
iii) All necessary actions which may include boarding up or barricading of
buildings or property to guard against fire or other danger, risk or accident,
when unable to contact the property owner.
c) Shall enforce all municipal By -laws respecting Fire Prevention;
d) 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.
6.2The 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.
6.3Where the Fire Chief 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.
7. 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.
8. 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.
9. REPEALS:
That By -Law Nos. 2009 -165 is hereby repealed in its entirety.
10. FORCE AND EFFECT:
That this By -Law shall come into force and effect upon final reading.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 11TH DAY
OF DECEMBER, 2013.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
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Schedule "B"
to By -law No. 2013 -221 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.
j) Motor vehicle collisions and extrication, including vehicle firefighting.
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) Basic medical assist with defibrillation.
p) Joint service agreements.
q) Lost persons, animals in peril, search and rescue, recovery.
r) Heavy equipment and farm rescue type calls.
s) 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.
t) Emergency Management control and response to public evacuation and relocation.
u) Airport Emergency Standby, Response and Rescue.
v) Confined space rescue — awareness only.
w) High angle rescue — awareness only.
x) Trench rescue — awareness only.