Montague Municipal Code Ch. 2.12 Fire Department

Sections:

• 2.12.010 Created.

• 2.12.020 Membership and maximum age limits.

• 2.12.030 Internal government.

• 2.12.040 Election of officers.

• 2.12.050 Compensation.

• 2.12.060 Fire chief—Powers and duties.

• 2.12.070 Assistant fire chief—Duties and responsibilities.

• 2.12.080 Duties of secretary of the fire department.

• 2.12.090 Fire apparatus operators and drivers—Duties and responsibilities.

• 2.12.100 Fire personnel—Duties and responsibilities.

• 2.12.110 Fire personnel—Refusal to obey orders.

• 2.12.120 Fire personnel—Possession or use of intoxicating substances prohibited. 2.12.130 Disclosure of department business prohibited.

• 2.12.140 Driving over fire hose prohibited.

• 2.12.150 Fire alarm bell.

• 2.12.160 Throwing hot ashes in streets—Camping—Building fires.

• 2.12.170 Liabilities of citizens.

• 2.12.180 Civilians riding on fire apparatus prohibited.

• 2.12.190 Fire department—Inspection authority—Fee.

The fire department in and for the city is established. It shall be known as the Montague Volunteer Fire Department. (Ord. 97-03 (part), 1997; Ord. 88-20 § 1, 1988; Ord. 68B § 1)

The fire department shall consist of one fire chief, who shall also be ex officio the fire marshal of the city, an assistant fire chief, one secretary-treasurer, and 22 able-bodied persons of the city or district, or living within 10 miles of the district limits. No person shall be a member of the fire department after such person has attained the age of 65 years and whose membership is terminated effective upon the attainment of such age.

The fire chief shall review the application and present such application to the membership to vote on. The fire chief shall then submit such names of proposed fire personnel to city council for approval. Members shall have a satisfactory driving record and proof of insurance prior to appointment. (Ord. 16-01, 2016; Ord. 97-03 (part), 1997; Ord. 88-20 § 2, 1988; Ord. 68B § 2)

The fire department shall be self-governing in internal affairs and is authorized and empowered to adopt a constitution and by-laws for its own internal government, subject to approval by the city council. (Ord. 97-03 (part), 1997; Ord. 88-20 § 9, 1988; Ord. 68B § 8)

The fire chief, assistant fire chief and secretary-treasurer shall be elected by the members of the department and their names submitted to the council, and, if satisfactory to the council, such elected officers shall be appointed to hold office for and during the pleasure of the council. (Ord. 97-03 (part), 1997; Ord. 88-20 § 3, 1988; Ord. 68B § 8)

Fire personnel shall receive compensations each year, based on the number of fires attended and the number of training sessions attended. Such compensation shall be paid on the presentation by the fire chief of a sworn statement to the city clerk in the usual manner accompanied by the certificate of the fire chief, attested by the secretary-treasurer, that the services have been performed by the members of the department, and the report shall be presented and filed at the first meeting every November for council review. (Ord. 97-03 (part), 1997; Ord. 88-20 §§ 4, 5, 1988; Ord. 68B § 5)

The fire chief shall assign to each member of the department his special duty at the time of the fire. When an alarm of fire is sounded, it shall be the duty of each and every member of the department to respond immediately and proceed to the fire station, or the place of the fire, without delay. Fire chief or officer in charge is responsible to extinguish all fires with the least possible danger to life and property and prevent unnecessary damage by water at fires. To see that the premises on which fires occur are left in such condition that they will not rekindle and cause further damage to life and property to the best of their ability.

The fire chief or officer of the fire department, during the time of any conflagration shall have the powers of a policeman; they may prevent persons other than fire personnel (except it be the owners of the goods or tenements, or those particularly interested in the removal of the goods, or protection of the tenements or persons assisting them) from coming into such portions of the city as may interfere with the firemen in the extinguishment of fires.

Members of the department which are present at any fire or who respond to any alarm of fire shall report to the fire chief or other officer in charge. In the case of false alarm of fire, or where the fire is extinguished before the arrival of the fire department thereat, the members will receive credit as to attending a fire.

The fire chief will carry out and strictly enforce the rules and regulations of the department and be able to suspend or remove from service any officer, fireman or apparatus in the best interest of the fire department. Any officer or fire personnel suspended or removed may petition the city council for a hearing, which hearing shall be set by the council and all parties notified in writing at least ten days prior thereof. At such hearing the decision of the city council shall be final.

The fire chief is responsible to observe the general condition of the department and apparatus and make a written or oral report quarterly to the city council concerning the same along with a complete report of the activities of the department.

The fire chief is required to keep and maintain the following records:

• a. Date, time and location of each fire;

• b. Probable origin or cause;

• c. Method of extinguishing any fire;

• d. Whether alarm originated as telephone or box alarm. (Ord. 97-03 (part), 1997; Ord. 88-20 § 6, 1988; Ord. 68B § 5, 1947)

The assistant fire chief shall rank next to the fire chief. He/she shall take complete charge in the absence of the fire chief and be invested with the same authorities and duties while so acting.

In the presence of the fire chief it shall be the duty of the assistant fire chief to aid the chief in every possible manner, to maintain strict discipline, and to ensure efficient operation of the department. (Ord. 97-03 (part), 1997; Ord. 88-20 § 7, 1988; Ord. 68B § 6)

The secretary of the fire department shall keep written record containing the names of all the members of the fire department; and it shall be the duty of the secretary to submit a list of names of persons resigning the department to the city clerk; and that all personnel who have left the department that all equipment issued to the personnel has been returned. If the equipment has not be returned, it is the duty of the secretary to inform the city clerk, at which time the fire personnel will be sent a bill for the equipment in his possession.

The secretary shall keep complete records on the attendance of every office and fire personnel of the fires, drills, schools and meetings. (Ord. 97-03 (part), 1997; Ord. 88-20 § 8, 1988; Ord. 68B § 7)

Fire personnel in charge of pumping engines shall act as drivers thereof and:

A. Shall be held responsible for care and management of their apparatus, seeing that it is left clean, in good order, and ready for service when possible;

B. Shall be responsible for getting the engine to the fire properly, in good working order, and for connecting same to the fire hydrant for operation; and

C. Shall, when working the engine at fires and drills, exercise proper judgment as to pressure needed, taking into consideration size and construction of buildings, the amount of hose laid and bearing in mind that it is not advisable to carry unnecessary pressure.

D. Fire personnel driving engines shall have a Class-B non-commercial drivers license.

Fire personnel driving other automobiles or apparatus to which they are assigned shall be responsible for the care and management of such vehicles and shall see that the same are in condition for service whenever possible.

Fire personnel shall, at all times, be under the supervision and direction of the fire chief or officer in charge.

Fire personnel shall inform the fire chief of all necessary repairs needed on the apparatus and shall cause the same to be done without further delay. (Ord. 97-03 (part), 1997; Ord. 88-20 § 10, 1988; Ord. 68B § 9)

In general, all fire personnel shall be trained to handle any and all of the fire apparatus provided and to act in any desired capacity in handling first-aid fire appliances, hoses, chemical engines, or doing salvage work. All fire personnel shall do everything within their power to aid the fire chief, respond to fire calls, and to return to the fire station from fires alarms, or drills.

Any fire personnel leaving town for some time shall inform the fire chief immediately and obtain a leave of absence.

All able-bodied fire personnel shall report for duty immediately upon sounding of the alarm.

Members of the fire department shall at a11 times be thoroughly familiar with all ordinances pertaining to the fire department and to fire prevention.

Members of the fire department shall submit proof of insurance yearly to the city clerk. Upon failure to submit required proof of insurance, the city clerk has the authority to suspend said fire personnel until proof of insurance is submitted to city hall. The city clerk shall notify the fire chief by certified mail of said suspension. (Ord. 97-03 (part), 1997; Ord. 88-20 § 12 (part), 1988; Ord. 68B § 18 (part))

Members of the department refusing to obey orders to superior officers shall be reported immediately in writing to the fire chief. Failure on the part of any officer to follow orders or to report the failure to follow orders shall constitute a violation of this rule. (Ord. 97-03 (part), 1997; Ord. 88-20 § 12 (part), 1988; Ord. 68B § 18 (part), 1947)

No member of the fire department shall be under the influence of intoxicating liquors, beverages, drugs or compounds while on duty. It shall further be a violation of this chapter to keep or maintain any such substances at the fire station or on the fire apparatus. (Ord. 97-03 (part), 1997; Ord. 88-20 § 12 (part), 1988; Ord. 68B § 18 (part))

Information relative to fires, alarms or department business shall not be available to the general public. Persons making such inquiries shall be referred to the fire chief or, in the alternative, may make such request to the city council. (Ord. 97-03 (part), 1997; Ord. 88-20 § 12 (part), 1988; Ord. 68B § 18 (part), 1947)

It is unlawful for any person to drive any dray, cart, hack, wagon, or other vehicle, whether loaded or otherwise, across any fire hose. Any person found guilty of violating any of the provisions of this section shall, upon conviction thereof be punishable by a fine of not more than five hundred dollars or by imprisonment for a period of not more than six months, or by both such fine and imprisonment. (Ord. 97-03 (part), 1997; Ord. 88-20 § 12 (part), 1988; Ord. 68B § 18 (part))

It is unlawful for any person to ring, or cause to be rung the fire alarm bell, at any time other than in case of fire, or an alarm of fire, (except on public gala days and parade days of the department) or in any other manner to create a false alarm of fire. Any person found guilty of violating any of the provisions of this section shall, upon conviction thereof be punishable by a fine of not more than five hundred dollars or by imprisonment for a period of not more than six months, or by both such fine and imprisonment. (Ord. 97-03 (part), 1997; Ord. 88-20 § 11, 1988)

No person shall throw any hot ashes into any yard, street, alley, or square, nor shall any person keep hot ashes in any wooden box or receptacle.

No person shall build any open fire in any street, alley, or square without having first obtained the consent of the chief of police therefor.

If any person builds open fires in his own yard, it shall be the duty of such person to carefully and continually watch and guard the same until it is completely extinguished, and such person shall be held strictly accountable for any damage which shall be caused by any fires set out by him or her. Each household building an open fire or having a fire in a barrel, shall first obtain a burn permit from city hall. All provisions of the fire permit shall be adhered to.

No person shall camp or build camp fires in any street, alley, court, square, park or public place, or in any unenclosed lot.

No person shall camp or build a camp fire upon the premises of another, without having obtained the permission of the owner or person having control of such premises, and such owner or person having charge of such premises shall be held liable for any damages caused by any fire allowed on his or her premises.

Any person who causes any damage to another by any fire set out by him or her, as provided, is guilty of a misdemeanor.

Any violation of the above provisions is a misdemeanor, and upon conviction, the person shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. (Ord. 97-03 (part), 1997)

It is unlawful for any person during a conflagration (physicians engaged in the discharge of professional duties, or those disabled by sickness or physical disability excepted) who is called upon by the mayor, chief of police, fire chief or assistant fire chief, to aid in the extinguishment of a fire, or in the removal of goods endangered by fire, to fail or refuse to afford such assistance and any of the able officers named may arrest the person so refusing. Any person found guilty of violating any of the provisions of this section shall, upon conviction thereof, be punishable by a fine of not more than five hundred dollars or by imprisonment for a period of not more than six months, or by both such fine and imprisonment. (Ord. 97-03 (part), 1997)

Persons not connected with the fire department shall not be permitted to ride on any fire apparatus, including but not limited to family members. (Ord. 97-03 (part), 1997)

The fire department shall have the authority to charge a fee for inspections; clean up of hazardous waste and material; stand by time at the airport. The amount of such fees shall be set by resolution of the city council. The fees derived from such services shall be placed in the city books under the fire department reserves.

The fire department shall submit an itemized statement of services performed, identify the party to be billed for the city clerk to bill said party. (Ord. 97-03 (part), 1997)