By-law No. 75
The Council of the Municipality of Grand Bay-Westfield under authority vested in it by Section 11 of the Municipalities Act, R.S.N.B. 1973, c.M-22 and amendments thereto enacts as follows:
1. This by-law may be cited as the Volunteer Fire Department By-law
2. In this by-law:
(a) “Chief” means the Fire Chief of the Grand Bay-Westfield Volunteer Fire Department;
(b) “Council” means the Council of the Town of Grand Bay-Westfield;
(c) “Department” means the Grand Bay-Westfield Volunteer Fire Department;
(d) “Manager” means the Chief Administrative Officer of the Town of Grand Bay-Westfield;
(e) “Member” means volunteer firefighters, Officers and the Chief of the Department;
(f) “Volunteer Member” means volunteer firefighters of the Department, and Officers but excludes the Chief;
(g) “Municipality” means the Town of Grand Bay-Westfield.
3. A department for the Town of Grand Bay-Westfield to be known as the Grand Bay-Westfield Volunteer Fire Department is hereby established and the head of the Department shall be known as the Fire Chief who shall also act as Fire Prevention Officer.
4. The Chief is subject to and reports to the Manager.
5. The Department shall consist of:
(a) the Chief appointed by Council as an employee of the Municipality, which appointment shall not be construed as an appointment of an officer necessary for the administration of the municipality, pursuant to paragraph 74(3) of the Municipalities Act;,
(b) Volunteer Members, including Deputy Chiefs and other Officers, as deemed necessary and appointed by the Chief, subject to paragraph 6.
6(1). All volunteer members of the Department shall be volunteers.
6(2). The number of volunteer members shall be determined from time to time by the Manager upon the recommendation of the Chief.
6(3). A person is qualified to be appointed a volunteer member of the Department for firefighting duties who is of good character and of sufficient health to perform firefighting duties.
6(4). A person appointed as a volunteer member of the Department for firefighting duties shall be on probation for a period of six months during which period he/she shall take such special training and examinations as may be required by the Chief.
6(5). If a probationary volunteer member appointed for firefighting duties fails any such examination, the Chief may dismiss the volunteer member or extend the probationary period.
6(6). The appointment of the Chief shall be for such remuneration and terms of employment as set by Council.
6(7). The appointment of the Deputy Chiefs and officers shall be for a term as set by the Manager upon the recommendation of the Chief.
7. The honorariums of all volunteer members shall be determined by Council.
8. The Chief shall provide the Town Manager with a list of Department members not later than January 31 in each year. Any volunteer member whose name appears on the list shall be entitled to an honorarium as determined by Council.
9. The Chief is responsible to the Manager for the proper administration and operation of the Department, for the discipline of its volunteer members, and
(a) may make such general orders and departmental rules as may be necessary for the care and protection of the property of the Department and generally for the efficient operation of the Department, provided such general orders and rules do not conflict with the provision of any by-law of the municipality and meet with the approval of the Manager;
(b) shall review periodically the policies and procedures of the Department and advise the Manager concerning the same;
(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 prevention and exercise the powers imposed on him by the Fire Prevention Act;
(d) is responsible for the enforcement of this by-law and the general orders and departmental rules;
(e) shall report all fires to the Fire Marshall as required by the Fire Prevention Act;
(f) shall submit the annual estimates of the Department to the Town Manager when requested;
(g) shall make a monthly and annual report to the Manager of the activities of the Department including all calls answered by the Department, all fires, an estimate of the loss sustained and the insurance coverage in each fire if known to him, an inventory of the fire fighting equipment, names of all members of the Department and recommendations to promote the efficiency of the Department;
(h) shall have full charge and sole command over the conduct of all persons at the fire whether they are members of the Department or not;
(i) shall, while on duty, attend all major fires and supervise the fighting thereof, acting as a firefighter when required;
(j) shall examine and certify the correctness of all accounts of the Department and file them with the Town Manager not later than the last day of each month;
(k) shall assign to the members their regular duties and other duties he deems proper and necessary;
(l) shall make or cause to be made a record of the attendance of all members at each fire;
(m) may suspend any volunteer member of the Department, subject to an appeal process, for neglect of duty, misconduct, negligence, incompetence, or breach of any by-law or regulation and shall forthwith report the suspension to the Manager; may recommend dismissal of any volunteer member of the Department for just cause to the Manager subject to an appeal process;
(n) shall carry out all other activities as requested by the Manager such as first response medical emergencies, rescue operations, mutual aid to fire services including Department of Natural Resources, response to hazardous material incidents, public services, and such other duties as may be determined by the Manager from time to time.
Deputy Fire Chiefs
10(1). Deputy Fire Chiefs shall be appointed by the Chief.
10(2). While on duty, a Deputy Fire Chief shall:
(a) respond promptly to all fire alarms,
(b) obey all lawful orders of the Chief, and
(c) in the absence of the Chief, assume command at the fire scene, and may perform such other duties as assigned by the Chief from time to time.
11(1). Captains shall be appointed by the Chief.
11(2). While on duty, a Captain shall:
(a) respond promptly to all fire alarms,
(b) obey all lawful orders of the Chief and Deputy Chief, and
(c) in the absence of the Chief and Deputy Chief, assume command at the fire scene, and may perform such other duties as assigned by the Chief from time to time.
12(1). Lieutenants shall be appointed by the Chief.
12(2). While on duty, a Lieutenant shall:
(a) respond promptly to all fire alarms,
(b) obey all lawful orders of the Chief, Deputy Chief, and Captain, and
(c) in the absence of the Chief, Deputy Chief, and Captain, assume command of the fire ground operations until such time as a senior officer arrives to assume command.
13(1) Upon the recommendation of the Chief, the Manager shall appoint as many volunteer firefighters as may be determined by the Manager; all applications and/or inquiries to serve as a volunteer firefighter must be provided/made known to the Manager.
13(2) Every member must make a reasonable effort to care for any electronic communications equipment or other equipment entrusted to him/her and report any defects in such equipment to the officer on duty at the time the deficiency is noted.
13(3). When so ordered by the Chief, all volunteer members shall assemble for drill and instruction in the use of firefighting equipment at the time and place specified by the Chief.
13(4) If any volunteer member is absent from one third or more of the alarms or practice drills during the year without reasonable excuse, such absence shall be considered cause for dismissal.
13(5) Members shall comply with this by-law and the rules and regulations of the Department.
DEMOLITION OF BUILDINGS
14(1) The Chief, Manager, or any two members of Council may, in order to prevent the spread of a fire, issue an order for the pulling down, demolition or removal of any building or structure.
14(2) When a building or structure is pulled down, demolished, removed, or destroyed under subsection 14(1), the Town shall pay the owner of that building or structure reasonable compensation therefor unless the building or structure takes fire before an order is made or executed under subsection 14(1), in which case no compensation shall be paid.
14(3) When agreement for settlement cannot be reached between the Town and the owner under subsection 14(2), the matter shall be settled under the Arbitration Act.
15. Fire Department vehicles and equipment shall not be used for any work other than work of the Fire Department without the consent of the Chief or officer in charge.
16(1). No Fire Department vehicle shall be used for emergency transportation of a person other than a member of the Department except at the request of a medical practitioner, a police officer, a coroner, or an ambulance attendant.
16(2). The Chief shall report such emergency trip made under this section within twenty-four hours to the Town Manager who shall charge a reasonable fee for each trip.
17(1). No firefighting equipment shall be taken beyond the territorial limits of the Municipality without the express authorization of a written contract or agreement providing for the supply of firefighting and assistance response services outside the territorial limits, the approval of the Manager, or in the event of emergency circumstances, the permission of the Chief or the officer in charge.
17(2). When any firefighting equipment is taken beyond the territorial limits of the Municipality to any fire,
(a) the Chief or the officer in charge may appoint a volunteer member of the Department to take charge of the equipment, and
(b) the Chief shall ensure that a sufficient number of volunteer members remain within the territorial limits of the Municipality for emergency protection.
17(3). The Manager may authorize firefighting equipment be taken beyond the territorial limits of the Municipality for parades and other special functions provided sufficient notice thereof is given to the Chief and he ensures that emergency protection for the Town is maintained.
PREVENTION AND EXTINGUISHMENT OF FIRES
18(1). The duties of the Fire Prevention Officer, who under this by-law is the Chief, shall be those necessary to enforce this by-law, regulations, and the Fire Prevention Act or other laws relating to the prevention and extinguishment of fires.
18(2). Without limiting the generality of subsection 18(1), the Fire Prevention Officer has herewith conferred upon him the same powers under the same conditions as are conferred upon the Fire Marshall by sections 11, 12, 16, and 21 of the Fire Prevention Act.
18(3). The Fire Prevention Officer or any person authorized in writing by a Fire Prevention Officer may enter any building or premises at reasonable times to inspect for fire prevention or to investigate the cause or origin of a fire.
GRASS FIRE REGULATIONS
19(1) No person shall kindle or maintain any grass or brush fire or authorize any such fire to be kindled or maintained in the Municipality without a fire permit issued by the Chief or designate.
19(2) A person may apply for a permit by submitting an application in writing to the Chief setting forth the applicant’s name, address, telephone number, and a brief description of the location of the proposed fire
19(3) The Chief may prescribe conditions to the issuance of a fire permit respecting the size of the fire, the number of persons who must be in attendance, the commencement and duration times, on site firefighting equipment required, and such other requirements as authorized and directed by the Manager from time to time
19(4) The Chief may limit the number of fire permits to be issued for any twenty-four hour period, may revoke issued permits at any time, and may prohibit any and all fires described in subsection 19(1) when atmospheric conditions or local circumstances make such fire hazardous
19(5) No person shall light a fire outside for the disposal of refuse unless such refuse is burned in an incinerator approved by the Chief
20. No person shall store gasoline, oil, liquified petroleum gases, or other petroleum products except in facilities meeting the standards contained in the latest edition of the National Fire Code.
21. The establishing of self-service facilities for the dispensing of flammable liquids shall be in accordance with the requirements of the Fire Prevention Act and subsection 4.5.8, Part 4 of the National Fire Code of Canada, latest edition.
22. Upon request of the Chief or the officer in charge, every person present at the fire shall assist any firefighter in the performance of his duties at the fire and shall obey all orders and directions given to him by the Chief or the officer in charge.
23(1) Whenever the Chief or other person in charge of a fire deems it advisable to guard the locality of the fire from the crowding of persons or vehicles, he may place or cause to be placed a rope or other barrier across any street or public place to indicate the area from which persons or vehicles are prohibited
23(2) No person, except members of the Department, the municipal police, emergency service personnel and owner of a property endangered by the fire, shall enter or be within an area marked off by ropes or barriers under subsection 23(1).
24. No person:
(a) shall remain in any fire station between midnight and seven o’clock in the morning except when accompanied by a member of the Department,
(b) shall be in any fire station or report to any alarms while under the influence of intoxicating liquor or drug, nor shall he bring or have intoxicating liquor or drug in a fire station, and any member in contravention of this subsection will be immediately relieved of his duties,
(c) shall engage in gambling in a fire station,
(d) shall drive a vehicle over or across an unprotected hose or other firefighting equipment unless he or she is given permission to do so by a member of the Department or a police officer,
(e) shall disobey the orders and directions of the Chief or other officer in charge given in the performance of his duties at a fire, o
(f) shall interfere with or obstruct the Chief or other officer in charge or other member in the performance of his duties at a fire.
25. No person shall place merchandise, goods, furniture, or other materials so as to obstruct the entrance into any premises by members through any window, door, stairway, or passageway.
26. A person who breaches a by-law made under authority of this section, or who fails to comply with an order of a fire prevention officer authorized by a by-law made under this section, commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
27. Notwithstanding section 26, a person causing a false alarm or a fire alarm because of a violation of this by-law shall be responsible for all Department costs attributable thereto and such other costs as may be recoverable by the Town in an action for debt against such person.
By-law No. 65, Town of Grand Bay-Westfield By-law Respecting the Grand Bay-Westfield Volunteer Fire Department and amendments thereto are hereby repealed.
FIRST READING BY TITLE on this 11th day of December, 2000.
SECOND READING BY TITLE on this 11th day of December, 2000.
EMERGENCY DECLARED on this 11th day of December, 2000.
THIRD READING AND ENACTMENT on this 11th day of December, 2000.
Sandra Gautreau – Manager (Clerk)
Grace Losier – Mayor