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HomeMy WebLinkAboutBy-law 8183/25 - Fire Services By-lawThe Corporation of the City of Pickering By-law No. 8183/25 Being a by-law to establish and regulate the Pickering Fire Services Department. Whereas By-law 771/78 was passed to establish and regulate the Pickering Fire Services Department was enacted on March 6, 1978; Whereas the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality has the capacity, rights, powers, and privileges of a natural person for the purpose of exercising its authority under the Municipal Act; And Whereas the Municipal Act provides that Sections 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; Whereas, the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended, (the “Act”) requires every municipality to establish a program in the municipality which must include public education with respect to 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, the Act permits a municipality, in discharging these responsibilities, to establish a fire department; And Whereas, the Act permits a Council of a municipality to establish, maintain, and operate a Fire Department for all or any part of the municipality; And Whereas, the Act requires a municipality that establishes a Fire Department to provide fire suppression services and permits the Fire Department to provide other Fire Protection Services in the municipality; And Whereas, the Act requires a municipality that establishes a Fire Department to appoint a Fire Chief; And Whereas, the Act authorizes a council of a municipality to pass by-laws under the Act to regulate fire prevention, to regulate the setting of open-air fires and to designate private roads as fire routes; And Whereas, The Occupational Health and Safety Act R.S.O., c. O.1, Reg. 714/94, requires the municipality to provide firefighters with the required protective equipment; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Appendix “A” to By-law No. 8183/25 Appendix “A” to By-law No. 8183/25, attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. By-law No. 8183/25 Page 2 2.Definitions In this By-law; 2.1. “Approved” means approved by Council. 2.2. “Automatic Aid” means any agreement under which a municipality agrees to provide an initial response to fires, rescues and emergencies that may occur in a part of another municipality where a fire department is capable of responding more quickly than any fire department situated in the other municipality; or a municipality agrees to provide a supplemental response to fires, rescues and emergencies that may occur in a part of another municipality where a fire department in the municipality is capable of providing the quickest supplemental response to fires, rescues and emergencies occurring in the part of another municipality; 2.3. “CAO” means the Chief Administrative Officer for the City of Pickering. 2.4. “CEPCP” means the Central East Prehospital Care Program. A division of Lakeridge Health that provides continuing medical education, training, continuous quality improvement programs, and delegation and oversight for the performance of controlled medical acts to Pickering Fire Services. 2.5. “Chief Fire Official” means the Assistant to the Fire Marshal who is the Municipal Fire Chief or a member or members of the Fire Department appointed by the Municipal Fire Chief under the FPPA or a person appointed by the Fire Marshal under the FPPA-Fire Code Div.C1.1. 2.6. “Collective Agreement” means an agreement between the Corporation and the full-time Pickering Professional Firefighters’ Association made under the provisions of the FPPA. 2.7. “Community Emergency Management Coordinator (“CEMC”)” –means a position identified in the Emergency Management and Civil Protection Act, 1990, c. E.9, as amended (“EMCPA”) as being responsible for the development, implementation, review and maintenance of the Community Emergency Management Plan for the City of Pickering. 2.8. “Corporation” means The Corporation of the City of Pickering. 2.9. “Council” means the Council of the Corporation. 2.10. “Deputy Fire Chief” is second in command and shall act as Fire Chief in the case of an absence or a vacancy in the office of the Fire Chief. Where the Fire Chief designates a member to act in the place of an officer, such member when acting shall have all the powers and shall perform duties of the officer replaced. 2.11. “Division” means a Division of the Fire Services as provided for in this By-law or determined by the Fire Chief. By-law No. 8183/25 Page 3 2.12. “Firefighters’ Association” means the labour union representing The Pickering Professional Firefighters. 2.13. “Fire Chief” means the person appointed by Council to act as Fire Chief for the Corporation and is ultimately responsible to Council as defined in the FPPA. 2.14. “Fire Coordinator” means the person appointed by the Fire Marshal, under the authority of the FPPA to co-ordinate the Regional mutual aid plans, or the person appointed by the Fire Marshal to act in the absence of the Fire Coordinator. 2.15. “Fire Department” means the Corporation’s Fire Department (also referred to as Pickering Fire Services). 2.16. “Fire Marshal” means a position with specific authorities and responsibilities under the FPAA, including ensuring that fire departments throughout Ontario provide adequate levels of service to their communities, providing support to fire departments, and administering the FPPA. Also identified as the Office of the Fire Marshal. 2.17. “FPPA” means the Fire Protection and Prevention Act, 1997, S.O., c 4, as may be amended from time to time, or any successor legislation, and any regulation made there under. 2.18. “Fire Protection Agreement” is a contract between municipalities or other agencies that clearly defines the responsibilities, terms, conditions, and all other aspects of the fire services provided and/or required. 2.19. “Fire Protection Services” includes fire suppression, fire prevention, fire safety education, dispatching, administration services, training of persons involved in the provision of Fire Protection Services, rescue and emergency services and the delivery of all those services. 2.20. “Head of Council” means the person elected at large by voters in the City of Pickering, identified formally as the Mayor. 2.21. “Medical Director” means the person or persons directly responsible under the CEPCP for medical guidelines, oversight, and direction. 2.22. “Member” means any defined Firefighter or Officer as per the FPPA and/or any person employed in or appointed to the Fire Services Division and assigned to undertake Fire Protection Services. 2.23. “Municipal Act” means the Municipal Act, 2001, S.O. 2001, c.25, as amended from time to time, or any successor legislation, and any regulation made there under. 2.24. “Mutual Aid” means a program to provide/receive assistance in the case of an emergency in a municipality, community or area where resources in a municipality, community or area have been depleted, but does not include Automatic Aid. By-law No. 8183/25 Page 4 2.25. “NFPA” means codes, standards, recommended practices, and guides as developed and amended by the National Fire Protection Association. These standards are amended from time to time. 2.26. “Officer” means any member with the rank of Captain or higher. 2.27. “Regional” means the Regional Municipality of Durham being the upper tier level of government in a two-tier system. 2.28. “Specialty Rescue” means rescue response as specified to high angle/low angle rope rescue, ice/water rescue, auto extrication, and hazardous materials response, etc. in accordance with available resources, and/or in accordance with an approved specialty rescue service agreement. 2.29. “Tiered Response Agreement” means a formal written document negotiated between Durham Regional Police Services, Region of Durham Paramedic Services, and Pickering Fire Services to establish local protocols for a multi- agency response to a life threatening or public safety incident. The Agreement outlines the capabilities, expectations and limitations of each agency and defines the criteria for participation. 3. Establishment 3.1. A department for the Corporation, to be known as the Pickering Fire Services Department, is hereby established and continued under this By-law and the head of this Department shall be known as the Fire Chief. 4.Composition 4.1. The Fire Services Department shall consist of the Fire Chief, Deputy Fire Chiefs, Divisional Chiefs including Platoon Chiefs, Chief Training Officer, and Chief Fire Prevention Officer, Captains, Fire Fighters, Fire Prevention Officers, Training Officers, Fire Prevention Inspectors, administrative personnel, and any other person(s) as may be authorized or considered necessary from time to time by Council or by the CAO on recommendation from the Fire Chief for the Fire Services Department to perform Fire Protection Services. 4.2. There shall be one Fire Chief appointed by Council. 5.Terms and Conditions of Employment 5.1. Subject to the FPPA and the Collective Agreement, the remuneration and other terms and conditions of employment or appointment of the members that comprise the Fire Department shall be determined by Council or by the CAO acting in accordance with policies and programs established or approved by Council. By-law No. 8183/25 Page 5 6.Organization 6.1. The Fire Department shall be organized into Divisions such as Administration, Suppression, Training, Fire Prevention and Public Education. 6.2. The Fire Chief may assign or re-assign such Members to a Division to assist him in the administration and operation of that Division. Each division of the Fire Services Department is the responsibility of the Fire Chief, or a member designated. Designated members shall report to the Fire Chief on divisions and activities under their supervision and shall carry out all orders of the Fire Chief. 7.Core Services 7.1. The core services of the Fire Department shall be those contained in Appendix “A”. 8.Responsibilities and Authority of Fire Chief 8.1. The Fire Chief shall be the head of the Fire Services Department and is ultimately responsible to Council, through the CAO, for proper administration and operation of the Fire Services including the delivery of Fire Protection Services. 8.2. The Fire Chief (or Deputy Fire Chief if designated by the Fire Chief) shall report to the CAO and will perform the duties of the CEMC under the authority of the EMCPA. 8.3. The Fire Chief shall be authorized to make such general orders, policies, procedures, rules and regulations and to take such other measures as the Fire Chief may consider necessary for the proper administration, efficient operation of the Fire Services Department, and the effective management of fire protection services for the Corporation and for the prevention, control and extinguishment of fires, the protection of life and property and the management of emergencies and without restricting the generality of the foregoing; a)for the care and protection of all property belonging to the Fire Services Department; b)for arranging for the provision and allotment of strategic staffing and facilities, apparatus, equipment, materials, services and supplies for the Fire Services Department; c) for the development and implementation of automatic aid, mutual aid and other fire protection and emergency service agreements within the Corporation’s borders and/or within the municipal borders of adjoining municipalities upon the approval of Council; d)for determining and establishing the qualifications and criteria for employment or appointment, and the duties of, all members of the Fire Services Department; e)for the conduct and the discipline of members of the Fire Services Department; By-law No. 8183/25 Page 6 f)for keeping an accurate record of all fires, rescues and emergencies responded to by the Fire Department and reporting of same to the Office of the Fire Marshal; g)for keeping such other records as may be required by Council, the Corporation and the FPPA; h)for preparing and presenting an annual report of the Fire Services Department to Council; and i)for exercising control over the budget approved by Council for the Fire Services Department. 8.4. The Fire Chief (or Deputy Fire Chief) is authorized to perform the duties of Regional Fire Coordinator as required. 9.Supervision – General Duties and Responsibilities 9.1. The Deputy Fire Chief(s) shall be the second ranking officer of the Fire Services Department and shall be subject to and shall perform such duties as are assigned by the Fire Chief and shall act on behalf of the Fire Chief in case of absence or vacancy in the office of Fire Chief. 10.Emergency Responses outside Limits of the City of Pickering 10.1. The Fire Services Department shall not respond to a call with respect to a fire or an emergency incident outside the limits of the City of Pickering except with respect to a fire or an emergency: a)that in the opinion of the Fire Chief threatens property in the City of Pickering or property situated outside the City of Pickering that is owned or occupied by the Corporation; b)in a municipality with which an agreement has been entered into to provide fire protection services; c)on property with respect to which an agreement has been entered into with any person or corporation to provide fire protection ; d)at the discretion of the Fire Chief, to a municipality authorized to participate in the Durham Region Mutual Aid plan established by the Regional Fire Coordinator appointed by the Ontario Fire Marshal, emergency fire service plan and program or any other organized plan or program on a reciprocal basis; e)on those highways that are under the jurisdiction of the Ministry of Transportation or other agency within the City of Pickering for which an automatic aid agreement has been entered into; f)on property beyond the City of Pickering border where the Fire Chief or his or her designate determines that immediate action is necessary to preserve and protect life and/or property and the correct department is By-law No. 8183/25 Page 7 notified to respond and/or assumes command or establishes alternative measures acceptable to the Fire Chief or designate; or g)response due to a request for special assistance as required through a declaration of a provincial or federal emergency and such request has been approved by the Fire Chief, the CAO and the Head of Council. 11.Enforcement and Penalties 11.1. Inspections arising from complaint, request, retrofit, or self-initiated and fire investigations shall be provided in accordance with the FPPA and the City’s Fire Prevention Policy, municipal bylaws, or other legislative authority as applicable. 11.2. Any person who violates any provisions of this By-law is, upon conviction, guilty of an offence and shall be liable to a fine, subject to the provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended. 12.Limited Services 12.1. The Corporation shall accept no liability for the provision of a limited service by the Pickering Fire Services Department, as reasonably necessary. Service may not be available to some structures or locations where accessibility is restricted or unavailable due to road conditions, weather, obstructions, or other factors beyond the control of the Fire Services Department. It is the responsibility of the property owner to ensure access for Fire Services apparatus and personnel. 13.Cost Recovery 13.1. If as the result of a Fire Services response to a fire, rescue, or other emergency, or other attendance, the Chief Administrative Officer, the Fire Chief, or the highest ranking Officer in charge determines that it is necessary to retain a private contractor, rent special equipment, or use consumable materials other than water in order to suppress or extinguish a fire, preserve property, prevent a fire from spreading, remove hazardous materials, assist in or otherwise conduct an investigation to determine the cause of a fire, or otherwise control or eliminate an emergency situation, the Corporation shall recover the costs incurred by the fire department for taking such actions from the owner of the property on which the fire or other emergency occurred. 14.Delegated Authority 14.1. The core services listed in Appendix “A” may be updated from time to time based upon operational needs and circumstances with the approval of the Fire Chief and the Chief Administrative Officer. Any changes to the core services will be communicated to Council in writing from the Fire Chief copying the Chief Administrative Officer and the City Clerk. 15.Administration 15.1. By-law 771/78 is hereby repealed. By-law No. 8183/25 Page 8 15.2. The short title of this By-law is the “Fire Department Establishing and Regulating By-law". By-law passed this 26th day of May, 2025. Original Signed By _______________________________ Kevin Ashe, Mayor Original Signed By________________________________ Susan Cassel, City Clerk Appendix “A” to By-law No. 8183/25 Core Services Fire Suppression and Emergency Response Suppression 1.Fire suppression response and services shall be delivered and shall include exterior attack, interior attack, rescue, forcible entry, ventilation, protection of exposures, salvage, and overhaul as required. 2.Emergency pre-hospital care response and services shall be delivered in accordance with the CEPCP as determined by the Medical Director. Services shall include first aid, cardiopulmonary resuscitation, other patient care protocols and medical acts such as defibrillation, administration of epinephrine, and administration of naloxone. Emergency pre-hospital care responses shall be determined as per protocol as instituted in accordance with the Tiered Response Services Agreement. •Hazardous material emergency response and services shall be delivered as recommended by the Fire Chief and approved by Council. •Specialized technical rescue response and services, including, but not limited to vehicle extrication, elevator rescue, rope rescue, surface water rescue, ice water rescue, structural collapse, confined space, heavy vehicle rescue, trench rescue, and swift water rescue shall be delivered as recommended by the Fire Chief and approved by Council. Specialized equipment required to provide these services shall be approved by the Fire Chief. Training 1.Members designated by the Fire Chief shall be trained and certified to meet the applicable requirements stated in the Ontario Regulation for Provincial Firefighter Certification based on the level of service delivery as established. 2.Members designated by the Fire Chief shall be trained and certified as an Emergency Medical Responder under the CEPCP. 3.The NFPA Standards and other related industry standards and resources shall be used as training reference guides as approved by the Fire Chief. 4.All training will comply with the Occupational Health and Safety Act, R.S.O. 1190, c. O.1, as amended and applicable provincial legislation. Fire Prevention 1.Inspections arising from complaint; request; retrofit; self-initiated; fire investigations; or examination and review of fire protection elements of building permit plans shall be provided in accordance with the FPPA, Municipal by-laws, and Departmental policies. 2.The Ontario Fire Service Standards the NFPA 1031, the NFPA 1035, and other applicable NFPA codes and standards and the City’s Fire Prevention Policy shall be used as a reference guide for Fire Prevention training and Public Education. Fire and Life Safety Education 1.Public education programs shall be administered in accordance with the FPPA and Departmental policies.