Berkeley Municipal Code Ch. 2.65 Fire Department

*For Charter provisions authorizing the council to create City departments, see Charter § 31.

For pension provisions, see Chs. 4.20, 4.28 and 4.32 of this code.

A Fire Department is created which shall be under the direction of the Fire Chief, subject to the general administrative direction of the City Manager. (Ord. 5964-NS § 1, 1990; Ord. 5434-NS § 2 (part), 1982)

The Fire Chief, subject to the approval of the City Manager, shall organize and maintain such divisions in the department as the operations may in their judgment require. (Ord. 5964-NS § 1, 1990; Ord. 5434-NS § 2 (part), 1982)

The Fire Chief shall be responsible for the supervision and control of all divisions of the department and for the performance of the functions herein assigned to the department. The Fire Chief shall be ex officio fire marshal. The Fire Chief shall have control and management of all officers, members, equipment and functions of the Fire Department. (Ord. 5964-NS § 1, 1990; Ord. 5434-NS § 2 (part), 1982)

The Fire Chief, subject to the approval of the City Manager, shall have authority to adopt rules and regulations for the administration, discipline, equipment and uniforms of members and officers of the department, fixing the powers and duties and prescribing penalties for violations of any such rules and regulations and providing for their enforcement. (Ord. 5434-NS § 2 (part), 1982)

The functions of the Fire Department are to:

A. Prevent and extinguish fires;

B. Provide emergency medical first aid care and emergency ambulance transportation;

C. Administer and enforce all fire prevention, life safety and fire suppression laws, ordinances and regulations pertaining to structural or occupancy standards including buildings under construction, land hazards or conditions of premises, use and handling of explosives and flammable, toxic, corrosive or other hazardous materials, and the adequacy of exits in the event of fire from factories, schools, hotels, lodging houses, asylums, hospitals, churches, halls, theaters, amphitheaters and all other places in which people work, live or congregate from time to time for any purpose;

D. Enforce all laws and regulations pertaining to fire prevention, fire protection and the control of the spread of fire and life safety from fire and panic as mandated by the Health and Safety Code of the state of California, the rules and regulations of the State Fire Marshal, and the State Commission of Housing and Development;

E. Regulate the installation and maintenance of fire protection equipment, including fire escapes;

F. Investigate the cause, origin and circumstances of fire, reporting to the Police Department all cases where there is reason to believe that any fire is the result of crime or that a crime has been committed in connection therewith;

G. Inspect all hydrants;

H. Perform disaster and mutual aid services in accordance with approved plans or agreements; and

I. Perform such other functions as may be assigned by the City Manager or prescribed by ordinance of the council or by applicable state laws. (Ord. 6246-NS § 1 (part), 1994; Ord. 5964-NS § 1, 1990; Ord. 5434-NS § 2 (part), 1982)

In the case of absence or disability of the Fire Chief, a member of the Fire Department designated by the City Manager shall perform the duties and exercise the powers of the Fire Chief. (Ord. 5964-NS § 1, 1990; Ord. 5434-NS § 2 (part), 1982)