Weed Municipal Code Ch. 2.16 Fire Department

A fire department is being established in the city, which should be known as the Weed Fire Department.

(Ord. 281-91 §2(part), 1991; Ord. No. 490-2026, § 2, 4-9-2026)

The fire department shall consist of a fire chief and such other officers, employees, and volunteer firefighters as the city manager, in consultation with the fire chief, may deem necessary for the effective operation of the department.

(Ord. 281-91 §2(part), 1991; Ord. No. 490-2026, § 2, 4-9-2026)

The city manager shall appoint the chief of the fire department.

(Ord. 281-91 §2(part), 1991; Ord. No. 490-2026, § 2, 4-9-2026)

Fire department officers shall be appointed by the fire chief, subject to the approval of the city manager.

(Ord. 281-91 §2(part), 1991; Ord. No. 490-2026, § 2, 4-9-2026)

The fire chief may establish and adopt bylaws and regulations for the governance of the fire department, provided they are not inconsistent with rules and regulations adopted by the city council.

(Ord. 281-91 §2(part), 1991; Ord. No. 490-2026, § 2, 4-9-2026)

Members of the fire department shall be appointed by the fire chief, subject to the approval of the city manager. Members shall serve until resignation or removal in accordance with applicable city policies and ordinances.

They shall sign an agreement to serve as active members of the fire department in accordance with applicable policies and procedures, until their appointment is terminated by resignation or by the city manager. Absences due to sickness, temporary absence from the city, or unavoidable accident shall not, by themselves, constitute grounds for termination.

(Ord. 281-91 §2(part), 1991; Ord. No. 490-2026, § 2, 4-9-2026)

It shall be the duty of the members of the fire department to answer all fire alarms and rescue calls as assigned promptly, to care appropriately for all material and apparatus belonging to the fire department that may be entrusted to them, and to perform such other duties as shall be required of them by the fire chief of the fire department.

(Ord. 281-91 §2(part), 1991; Ord. No. 490-2026, § 2, 4-9-2026)

The fire chief shall serve as the administrative head of the fire department. It shall exercise such authority and perform such duties as are prescribed by this code, applicable law, and the fire chief's job description as approved by the city manager.

A. The fire chief is hereby designated as the fire code official responsible for enforcement of the California Fire Code as adopted by the city.

B. The fire chief, or the fire chief's designated representative(s), is authorized to conduct inspections, enter premises, and enforce applicable fire safety and hazard abatement laws and ordinances, subject to warrant requirements and emergency exceptions as provided by law.

C. The fire chief shall cooperate with appropriate legal authorities in the investigation of fires and suspected arson.

D. The fire chief may conduct inspections related to vegetation management and defensible space requirements pursuant to California Civil Code section 1102.19.

E. The fire chief shall enforce the adopted rules and regulations of the department and shall be responsible for the general efficiency of the department.

F. The fire chief shall perform such additional duties and administer such programs as may be authorized or requested by the city manager.

(Ord. 281-91 §2(part), 1991; Ord. No. 490-2026, § 2, 4-9-2026)

The company officer of the fire department shall attend all fires and directly assist the fire chief in the discharge of his or her duties on all occasions; and, in the case of the absence or inability of the fire chief to act, the company officer shall have control of the fire department and, in all respects, shall perform the duties of the fire chief.

(Ord. 281-91 §2(part), 1991; Ord. No. 490-2026, § 2, 4-9-2026)

The fire chief shall assign duties and responsibilities to members of the fire department in accordance with the incident command system and applicable department policies and procedures.

All members of the fire department who are assigned to or respond to an emergency incident shall operate within the incident command system and shall follow the lawful orders and directions of the incident commander, the fire chief, or the member's assigned company officer, as applicable.

(Ord. 281-91 §2(part), 1991; Ord. No. 490-2026, § 2, 4-9-2026)

It shall be the duty of each and every member in going to or returning from a fire, or in removing their apparatus from their usual place of deposit, to obey the orders of the fire chief or company officer and in case any company officer, equipment operator, or any other member refuses or neglects to obey any orders or directions given by the fire chief or company officer, he or she shall for such offense, on complaint of the fire chief or company officer, to the city manager on conviction be, at their option, reprimanded, suspended, or expelled from the fire department.

(Ord. 281-91 §2(part), 1991; Ord. No. 490-2026, § 2, 4-9-2026)

Each and every equipment operator shall keep, or cause to be kept, their apparatus in good order and condition and ready for immediate service, and the operator shall report to the fire chief or person acting as such in writing, any disability or deficiency of the apparatus under his or her operation within twenty-four hours after such disability or deficiency shall occur, or they become cognizant thereof.

(Ord. 281-91 §2(part), 1991; Ord. No. 490-2026, § 2, 4-9-2026)

The fire chief, or the fire chief's authorized representative serving as incident commander, shall have the authority to direct and control emergency operations at the scene of a fire or other emergency involving the protection of life or property, consistent with the incident command system and applicable law.

In the reasonable exercise of such authority, the fire chief or incident commander may establish safety zones, control access to the scene, and take such actions as are necessary to protect life and property and to ensure the effective performance of fire department operations. Persons whose presence interferes with or endangers emergency operations may be directed to leave or be removed in accordance with applicable law.

(Ord. 281-91 §2(part), 1991; Ord. No. 490-2026, § 2, 4-9-2026)

No person, except by permission and under the authority of the fire chief of the fire department, shall enter any burning building, structure, or premises after the fire department has arrived at such building, structure, or premises.

(Ord. 281-91 §2(part), 1991; Ord. No. 490-2026, § 2, 4-9-2026)

No person shall interfere with the fire chief of the fire department, company officer, or any member thereof, while in the lawful performance of his or her duties, or refuse or neglect to obey the lawful orders or requirements of the fire chief or company officer.

(Ord. 281-91 §2(part), 1991; Ord. No. 490-2026, § 2, 4-9-2026)

No person shall willfully or negligently injure or damage any house or place for the housing or protection of any machinery or apparatus of the fire department, nor injure any apparatus of the fire department.

(Ord. 281-91 §2(part), 1991; Ord. No. 490-2026, § 2, 4-9-2026)

No person shall use fire department hydrants or equipment without prior authorization from the fire chief or the city manager.

(Ord. 281-91 §2(part), 1991; Ord. No. 490-2026, § 2, 4-9-2026)

No open burning shall be done without a written permit from April 1st to the end of the fire season as determined by the California Department of Forestry and Fire Protection (CAL-FIRE). Applications for burning permits may be obtained from city hall. No burning permits shall be issued when in conflict with any state law, or at the determination of the fire chief.

(Ord. 281-91 §2(part), 1991; Ord. No. 490-2026, § 2, 4-9-2026)

It is unlawful for any person to drive any vehicle, whether loaded or otherwise, across any fire hose.

(Ord. 281-91 §2(part), 1991; Ord. No. 490-2026, § 2, 4-9-2026)

No owner, occupant, or any other person having charge, care or control of any building or premises shall fail or neglect, after a proper request is made or an inspection warrant is obtained, to promptly permit entry therein by the fire chief or his or her authorized representative for the purpose of inspection and examination pursuant to this code. Failure to permit such entry shall constitute a misdemeanor.

(Ord. 281-91 §2(part), 1991; Ord. No. 490-2026, § 2, 4-9-2026)

When, for any reason, the water is turned off from any fire hydrant, or any hydrant is inoperative, or whenever, for any reason, any street is closed, the fire chief shall be notified immediately and shall also be advised when such service is restored.

(Ord. 281-91 §2(part), 1991; Ord. No. 490-2026, § 2, 4-9-2026)

The fire department members are to be reimbursed as provided in the fire department's budget within the annual city budget.

(Ord. 281-91 §2(part), 1991; Ord. No. 490-2026, § 2, 4-9-2026)

It is made the special duty of the chief of police and the other officers of the city police department who may be on duty and available for fire duty to respond to all fire alarms and assist the fire department in the protection of life and property, in regulating traffic, maintaining order, and enforcing observance of all sections of this chapter.

(Ord. 281-91 §2(part), 1991; Ord. No. 490-2026, § 2, 4-9-2026)

To cover review, plan checking, on-site inspections, and other services required for fire prevention, the city may establish fees for these services. Fees shall be adopted by resolution of the city council and shall be based on the cost or type of service provided.

(Ord. 281-91 §2(part), 1991; Ord. No. 490-2026, § 2, 4-9-2026)

Any person violating any of the provisions of Sections 2.16.160 through 2.16.210, or any one or more of such sections, shall be prosecuted and punished per Weed Municipal Code 1.20.050—Punishment for violations of city ordinances.

(Ord. No. 490-2026, § 2, 4-9-2026)

This chapter shall not be construed to hold the city, the fire department, or any officer, employee, or volunteer thereof responsible for any damage to persons or property by reason of the inspection or reinspection or failure to inspect or reinspect authorized in this chapter, by reason of the approval or disapproval of any equipment or process authorized in this chapter, or for any action in connection with the control or extinguishment of any fire, the response to any emergency circumstance or rescue operation, or in the discharge of any other official duties; such matters being controlled by state law and court decision.

(Ord. No. 490-2026, § 2, 4-9-2026)

Nothing in this chapter shall be construed as imposing on the city, the fire department, or any officer, employee, or volunteer thereof any duty to enforce this chapter nor to take any other action. Neither the city, the fire department, nor any officer, employee, or volunteer thereof shall be held liable for failing to enforce or to take any other action about any provision of this chapter.

(Ord. No. 490-2026, § 2, 4-9-2026)