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2020-082 By-law to Establish and Regulate a Fire Department and to Repeal By-law No. 2013-221The Corporation of the Township of Oro-Medonte By -Law No. 2020-082 Being a By -Law to Establish and Regulate a Fire Department and to Repeal By -Law No. 2013-221 Whereas Section 8 of the Municipal Act, S.O. 2001, c.25, provides that a municipality has the capacity, rights, powers, and privileges of a natural person for the purpose of exercising its authority under the Act; And Whereas Section 9 of the Municipal Act, 2001, provides that Section 8 and 11 shall be interpreted broadly so as to confer broad authority on municipalities to (a) enable municipalities to govern their affairs as they consider appropriate, and (b) enhance their ability to respond to municipal issues; And Whereas the Fire Protection and Prevention Act, (FPPA) 1997, S.O., c4, as amended, requires every municipality to establish a program in the municipality which must include public education with respect to a fire safety and certain components of fire prevention and to provide such other fire protection services as it determines may be necessary in accordance with its needs and circumstances; And Whereas Council of the Township of Oro-Medonte did, on the 11 th day of December, 2013, enact By -Law No. 2013-221, 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 & 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) "Fir & 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 & Emergency Services Department assigned to undertake fire protection services, and includes officers, full time, volunteer firefighters; o) "Firefighter" means a firefighter who provides fire protection services either voluntarily or for a nominal consideration, honorarium, training or activity allowance. 2. Fire & Emergency Services Department Established/Continued: a) A Department for the Township of Oro-Medonte to be known as the Oro-Medonte Fire & Emergency Services Department is hereby continued and the head of the Department shall be known as the Director, Fire & Emergency Services/Fire Chief ("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, Assistant Deputy Chief, Division Chief of Training, 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 & 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, 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: a) 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 or Automatic Aid Agreements. 6. Duties and Responsibilities: 6.1 The Fire Chief 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 recommends the appointment of any qualified person as a member of the Department, subject to the approved hiring policies of the Township; 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. 6.3 Where the Fire Chief designates a member to act in the place of an officer in the Fire & Emergency Services, such member, when so acting, has all of the powers and shall perform all duties of the officer replaced. 7. Discipline: If a probationary member, appointed to provide fire protection services fails any such special training and examination, the Fire Chief may recommend dismissal and/or appropriate action. The Fire Chief may reprimand, suspend or recommend dismissal of any member for infraction of any provision of this By -Law, policies, general orders and departmental rules that, in the opinion of the Fire Chief would be detrimental to discipline or the efficiency of the Fire Department. Disciplinary action or dismissal of a volunteer firefighter shall be conducted in accordance with the approved Fire Department and Human Resources policies. 8. Fees: a) The Fire & 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 No. 2013-221 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 12th day of August, 2020. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hu es Cler Yvonne Aubichon Schedule "A" to By-law No. 2020-082 for The Corporation of the Township of Oro-Medonte o LL su F m N N C U Q V o E Z = a c W CX Z s W O d� U p J L W H w ZVr Cr V � t .9 UJ ,: ZF 8 9 $ 8 Q LU " o W 0 LU o m Q w = � C LL f N r Schedule "B" to By-law No. 2020-082 for The Corporation of the Township of Oro-Medonte Services Provided by the Township of Oro-Medonte Fire & Emergency Services Department: 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 & 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.