HomeMy WebLinkAboutBy-law 771/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 771/78
Being a By-Law to establish and
regulate the Pickering Fire Department
WHEREAS, pursuant to the provisions of paragraph 26
of subsection 1 of section 354 of The Municipal Act,
R.S.O. 1970, chapter 284, as amended, the Council of a
local Municipality may pass by-laws appointing fire war-
dens, fire engineers and fire fighters and for promoting,
establishing and regulating fire, hook-and-ladder and
property-saving companies;
NOW THEREFORE, the Council of the Corporation of
the Town of Pickering HEREBY ENACTS AS FOLLOWS:
1. In this By-Law,
(a) "Council" means the Council of the Town
of Pickering;
(b) "Department" means the Pickering Fire
Department;
(c) "Member" includes an officer.
2. A fire company for the Town of Pickering, to be
known as the Pickering 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 may consist of a Fire Pre-
vention Officer, a Training Officer and such
other Officers and members as from time to time
may be deemed necessary by Council.
4. (1) The Chief of the Department may recommend
to the Town Manager the appointment of
any qualified person as a Member of the
Department.
(2) A person is qualified to be appointed a
full-time or part-time Member of the
Department for fire fighting duties who,
(a) is of good character;
(b) passes such aptitude and other
tests as may be required by
the Chief of the Department;
(c) is medically fit to be a
Member as certified by a duly
qualified medical practitioner
designated by the Chief of the
Department; and
(d) for appointment as a part-time
Member only, is a resident of
the Town of Pickering.
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(3) A person appointed as a Member of the
Department for fire fighting duties
shall be on probation for a period of
12 months during which time he shall
take such special training and examina-
tions as may be required by the Chief
of the Department.
(4) If a probationary Member appointed for
fire fighting duties fails any such
examinations, the Chief of the Depart-
ment may recommend to the Town Manager
that he be dismissed.
5. The remuneration of all Members of the Department
shall be determined by the Council.
6. The Chief of the Department is responsible to the
Town Manager for the proper administration and
operation of the Department, for the discipline
of its Members, and,
(a) may make such general orders and Depart-
mental rules as may be necessary for the
care and protection of the property of
the Department, for the conduct of the
Members of the Department and generally
for the efficient operation of the
Department, provided that such general
orders and rules do not conflict with
the provisions of any By-Law 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 he may
determine from time to time to assist
him in his duty;
(c) 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 pro-
tection and exercise the powers and
duties imposed on him by The Fire
Marshals Act, R.S.O. 1970, chapter 172,
as amended from time to time;
(d) is responsible for the enforcement of
this By-Law and the general orders and
Departmental rules; and
(e) shall submit to the Council for its
approval, as required by the Council,
the annual estimates of the Department.
7. The Fire Prevention officer is responsible to the
Chief for the carrying out of the following duties:
(a) conducting fire prevention inspections
of premises;
(b) enforcing Fire Prevention By-Laws;
(c) examining building plans;
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(d) providing personnel for fire preven-
tion lectures;
(e) maintenance of photography facilities;
(f) maintenance of fire loss records; and
(g) receipt, processing and monitoring of
reports of fire prevention inspections
conducted under his authority,
in addition to such other duties as may from time
to time be assigned to him by the Chief.
8. The Training Officer is responsible to the Chief
for the carrying out of the following duties:
(a) training of all personnel of the
Department in fire administration,
fire prevention and fire fighting;
(b) administering training programs in
stations; and
(c) preparation and conducting of exam-
inations of Members as required by
the Chief of the Department,
in addition to such other duties as may from time
to time be assigned to him by the Chief.
9. Where the Chief of the Department designates a Mem-
ber to act in 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 re-
placed.
10. (1) Any Member having at least 2 years of ser-
vice with the Department may make applica-
tion to the Chief of the Department to
qualify him for a promotion to a rank
superior to his present rank.
(2) Every recommendation for promotion of a
Member made to the Town Manager by the
Chief of the Department shall be based
upon the evaluation of,
(a) the results of examinations
taken by the Member;
(b) the physical fitness of the
Member; and
(c) the fire and station record
of the Member.
(3) When, in the opinion of the Chief of the
Department, all other factors for the
promotion of two or more Members are
equal, seniority of service in the Depart-
ment shall govern.
(4) The fire fighting and station record of
each Member of the Department shall be
evaluated annually.
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(5) Every applicant for promotion shall take
such written, oral and practical examin-
ations as may be required by the Chief
of the Department.
11. Every Member of the Department appointed for fire
fighting duties is subject to a medical examina-
tion at least once annually and at such other
times as the Chief of the Department may require.
12. (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 the Member's absence in
writing, through his superior Officer,
to the Chief of the Department.
(3) No Member,
(a) while in uniform, shall enter
any premises where alcoholic
beverages are sold or con-
sumed, except in the perform-
ance of his Departmental
duties;
(b) if his ability is impaired,
in the opinion of the officer
in charge, by the use of an
intoxicating beverage or drug
shall be permitted to remain
on duty;
(c) while on duty, shall consume
any intoxicating beverage or
drug.
13. (1) The Chief of the Department may repri-
mand, suspend or recommend dismissal of
any Member for insubordination, ineffi-
ciency, misconduct, tardiness or for
non-compliance with any of the provi-
sions of this By-Law or the general
orders and Departmental rules when, in
the opinion of the Chief, the Member's
conduct is or may be detrimental to
the discipline and efficiency of the
Department.
(2) Following the suspension of any member
the Chief of the Department shall
report the suspension and his recommen-
dation to the Town Manager.
(3) No Member shall be dismissed without
first being afforded an opportunity
for a hearing before Council or a
Committee of Council, if he makes a
written request for such hearing
within seven days after receiving
notice of his proposed dismissal.
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14. The Department shall not respond to a call with
respect to a fire or emergency outside the limits
of the Town of Pickering, except with respect to
a fire or emergency,
(a) that, in the opinion of the Chief of
the Department, threatens property
in the Town of Pickering or property
situated outside the Town of Pickering
that is owned or occupied by the Town
of Pickering;
(b) in a Municipality with which an
Agreement has been entered into to
provide fire protection, or
(c) on property with respect to which an
Agreement has been entered into with
any person or corporation to provide
fire protection therefor.
15. This By-Law comes into effect on the day it is
passed by Council.
16. By-Law 2486 is hereby repealed.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
Sixth DAY OF March , 1978.
J