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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. -2- (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; - 3 - (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. - 4 - (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. - 5 - 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