Article 141
DEPARTMENT OF FIRE*
Sections:
141.01 Organization and components.
141.02 Volunteers performing duties as city employees for workmen’s compensation purposes.
*Editor’s note: The City of Meadville through collective bargaining contracts with the International Association of Fire Fighters Local Union in respect to rates of pay, wages, hours of employment and other conditions of employment for employees of the fire department, except for probationers and the fire chief and battalion chiefs, insofar as it is practicable and legal under the present Third Class City Code and the council-manager charter plan. Copies of the current labor relations agreement are available at the office of the city clerk.
141.01 Organization and components.
The fire department of the City of Meadville shall consist of one paid department to be known and denominated as the "Meadville fire department". Whenever the term "Meadville fire department" is used in this article, it shall mean the paid fire department of the City of Meadville. The Meadville fire department may be assisted in the performance of its duties by such volunteer companies as may, from time to time, be recognized by the fire chief as qualified city volunteer companies in accord with the terms and provisions of this article. (Ord. 3274, 1991)
141.02 Volunteers performing duties as city employees for workmen’s compensation purposes.
Volunteer firefighters who are members in good standing of currently qualified city volunteer companies and regular firefighters shall be authorized to perform the following duties and for the purpose of the Workmen’s Compensation Act, such persons will be considered as in the employ of the city and acting in the course of their duty (for workmen’s compensation coverage purposes only) if any of such persons are assisting or doing any of the following acts:
(A) Going to or returning from a fire or fire alarm or other emergency, such as tornados, floods, or any other "unusual occurrence", either within or outside the City of Meadville, to which the fire chief has ordered a response.
(B) Performing rescue work of persons, animals or property whether connected with fires, floods, or other unusual circumstances, with the prior approval of the fire chief.
(C) Performing acts of mercy, or assistance, in a conflagration, epidemic, fire, bombing, wreck, accident, or any other unusual occurrence where public policy would require additional services to the services now in existence or services not provided for by the city government at the present time within the city or under mutual aid, with the prior approval of the fire chief.
(D) Performing incidental duties usually performed by fire or fire/police agencies and not classified above including participation in exhibitions and display of fire prevention and equipment either within or outside the City of Meadville with the prior approval of the fire chief.
(E) Performing fire police duties of any kind including traffic control and keeping order. (Ord. 3274, 1991)
141.03 Operation, control and conduct of the Meadville fire department and of qualified volunteer companies.
The following provisions are hereby adopted for the control, operation and conduct of the Meadville fire department and of qualified volunteer companies.
(A) Organization.
(1) The organization of the Meadville fire department shall consist of one chief, and as many officers and firefighters as may be needed for the safety and welfare of the city as may, from time to time, be determined by the city manager and as may be within budget and maximum authorized personnel ordinances of the city from time to time adopted by the city council.
(2) The organization of each qualified city volunteer company shall consist of the following: one captain and such lieutenants and volunteer active firefighters as may be necessary to the safe and proper operation of each such company as may be established in accord with the standard operating procedures from time to time adopted by the fire chief with the approval of the city manager. Separate qualified city volunteer companies may be organized and operated for firefighting, fire/police, rescue and other proper purposes as may be determined in accord with the standard operating procedures from time to time adopted by the fire chief with the approval of the city manager.
(B) Fire Chief.
(1) The fire chief shall be appointed by and shall serve at the pleasure of the city manager and shall be responsible to the city manager for the conduct and management of the Meadville fire department.
(2) In addition to any and all other duties and tasks which may be assigned by the city manager, the fire chief shall:
(a) Devote his/her time to the discharge of the duties of his/her office, and shall have and exercise command at all times, over the officers and firefighters of the Meadville fire department.
(b) Have the power, and it shall be his/her duty to summarily suspend, at any time from duty, any firefighter or active volunteer firefighter under his/her command for a flagrant violation or disregard of law, ordinance, standard operating procedures, rules, regulation or direction in all cases where the interest of the people or the reputation of the department would suffer if such prompt action should not be taken.
(c) See that all laws, ordinances, standard operating procedures, rules and regulations of the city and all orders and directions from the city manager are promptly enforced and obeyed, and that all dereliction or transgressions that may come to his/her knowledge are promptly investigated and reported to the city manager.
(d) Have police power at all times as ex officio fire marshall; the fire chief shall also have full charge and absolute control, authority and command over the fire and city police or any officer thereof during the time and continuance of any fire, and all orders issued to the police forces or officers thereof shall be explicitly obeyed and performed.
(e) Have the power to protect property during fires through causing the demolition of structures. If it shall appear necessary to tear down a building before it has caught fire in order to save another property or for the safety of people, before acting in such case, the chief shall first consult with the city manager, if available. After such consultation with the city manager (or without such consultation if the city manager is not reasonably available), the chief shall have full and complete discretion as to the final decision relating to this matter.
(f) Report all accidents and loss of life by fire which shall happen in the city, with the cause thereof as well as can be ascertained, and the name of the owners and occupants of the property destroyed or the lives lost.
(g) Have the power to designate work shifts, duties and assignments of the respective officers, firefighters and companies set forth herein, subject to any contrary provisions of any collective bargaining agreement between the city and the firefighter’s union.
(h) Have the authority to call special meetings of the officers and firefighters of the Meadville fire department or of any qualified city volunteer company at any time.
(i) Have full control of the board of engineers and shall be the president of the board.
(j) Have power to take charge of the building occupied by any volunteer company and all property of the city therein when a disturbance has occurred or if a company does not maintain its status as a qualified city volunteer company or which is otherwise determined by the chief to not be in compliance with the standard operating procedures from time to time adopted by the fire chief and approved by the city manager. He shall turn the same over to the city manager to be held by him until the difficulty is settled or adjusted.
(k) Have power to take charge of the meeting of any qualified city volunteer company called as a special meeting to settle arguments and to act with the president and captain of such qualified city volunteer company as a board to settle any grievances or arguments. The decision of any such board shall be final and the members of such company will abide by their decision. This rule will apply where the argument or grievance is confined to any one volunteer company.
(l) Have power to take charge of any meeting called to settle any grievances or arguments between qualified city volunteer companies or between such companies and the Meadville fire department. In all such cases, the determinations and decisions of the grievance board shall be final and binding upon all parties. The grievance board shall consist of the fire chief (as chairman), the captains, and the presidents of the qualified volunteer companies involved.
(C) Other Management Officers.
(1) The officers of the Meadville fire department shall be appointed by the city manager.
(2) The duties of the officers of the Meadville fire department shall be as designed by the city manager, with consultation and input from the fire chief.
(D) Captains of the Meadville Fire Department.
(1) In addition to such other officers as may be authorized by the city council and appointed by the city manager, there shall be at least three captains in the Meadville fire department.
(2) The captains of the Meadville fire department shall be in full command of the shift.
(3) It shall be the duty of the captains to make all necessary reports and to keep all necessary records.
(4) It shall be the duty of captains to do such additional tasks and work as may be from time to time assigned by the fire chief.
(E) Standard Operating Procedures.
(1) The fire chief shall, from time to time, make and promulgate additional and detailed rules and regulations in the form of standard operating procedures for the Meadville fire department and the qualified volunteer companies. No such standard operating procedures shall be in contravention of any term or provision of this article or of any state or federal law, rule or regulation. No standard operating procedures or amendments thereto shall become effective until approved in writing by the city manager. Copies of all standard operating procedures, and all amendments thereto, shall be provided to each member of the city council promptly upon approval thereof by the city manager. In addition to such other matters as the fire chief may elect, the standard operating procedures shall provide that:
(a) All members of the Meadville fire department and of all qualified city volunteer companies shall be furnished with a copy of the standard operating procedures for governing the Meadville fire department and qualified city volunteer companies and each member shall become acquainted with such standard operating procedures and abide by them.
(b) The paid firefighters on duty shall wear the uniform of the day as ordered by the fire chief and shall be dressed neat and clean at all times. Uniforms shall be worn on fire inspections and when ordered by the fire chief.
(c) Any member of the Meadville fire department appearing at any fire station for duty or at fires, under the influence of liquor or drugs, shall be subject to suspension.
(d) No off-duty jobs of any employee of the Meadville fire department shall adversely affect his mental or physical ability to perform his job as a firefighter. All employees must be immediately available for emergency duty while performing said off-duty jobs.
(e) All officers and firefighters not on duty shall respond promptly to any call for duty issued by the fire chief or by his/her authority or by general alarm or any special signal. Any member of the Meadville fire department known to have heard a general alarm or to have been called by telephone and to have not responded shall be subject to discipline and possible expulsion from the service of the Meadville fire department.
(f) No internal, non-union information relating to the business, operations or other affairs of the fire department shall be furnished to anyone except when authorized by the fire chief or city manager.
(g) No member of the Meadville fire department shall be a delegate at any city election or take part in city political matters other than to exercise the right to suffrage.
(h) No member of the Meadville fire department shall directly or indirectly in any manner or for any purpose invite, solicit, suggest or request contributions, subscriptions or donations without the permission of the fire chief or the city manager.
(i) Officers of the Meadville fire department are expected to set an example to subordinates in the matter of due regard and respect for the rules of discipline. Any infraction of regulations, neglect to enforce rules or orders, or other acts of indifference on the part of officers that may tend to operate against the good reputation of the fire department shall be considered as an aggravated offense and treated with corresponding severity.
(j) All members of the Meadville fire department shall, at all times during their employment, establish and maintain a bona fide, factual and legal residence within the limits of the City of Meadville. It shall be the duty of the fire chief and all members of the Meadville fire department to report and make known to the fire chief or city manager any information they may have or learn regarding violations of this section.
(k) Officers and firefighters of the Meadville fire department and of the qualified city volunteer companies will respond to mutual aid calls, as authorized by the fire chief.
(F) Qualified City Volunteer Companies.
(1) The fire chief may, from time to time, and with the express approval of the city manager, recognize as "qualified city volunteer companies" associations of uncompensated volunteers interested in fire safety, firefighting, fire police, rescue and related activities; provided, that such associations meet and maintain the qualifications stated in this article and in the standard operating procedures from time to time adopted by the fire chief and approved by the city manager. Each qualified city volunteer company shall:
(a) Be incorporated as a nonprofit corporation for fire prevention, safety, rescue or other similar purpose or as a nonprofit volunteer fire company under the laws of the commonwealth of Pennsylvania; and
(b) Have and maintain a minimum membership of 10 active firefighters; and
(c) Be committed by article of incorporation or bylaw to not unlawfully discriminate against any person on the basis of race, sex, age, religion, handicap or national origin; and
(d) Be committed by its articles of incorporation, bylaws or other regulation satisfactory to the fire chief to assure that no person shall become a member of that qualified city volunteer company unless such person is a resident of the city or a surrounding municipality at a location within such surrounding municipality which is within 10 statute miles of the nearest corporate boundary of the city; and
(e) Have an adequate organization structure to assure that officers of the qualified city volunteer company shall set an example to subordinates in the matter of due regard and respect for the standard operating procedures from time to time adopted by the fire chief and approved by the city manager and all related and relevant rules of discipline and to assure that infraction of any standard operating procedures or other relevant regulations, neglect to enforce rules or orders, or other act of indifference on the part of officers, that may tend to operate against the good reputation of the city, the Meadville fire department or its qualified city volunteer companies, shall be considered as an aggravated offense and treated with corresponding severity, including removal from office; and
(f) Agree to be bound by and strictly comply with all standard operating procedures which may, from time to time, be promulgated by the fire chief with the approval of the city manager; and
(g) Meet and maintain minimum firefighting qualification, training and performance standards as may, from time to time, be established in the standard operating procedures by the fire chief with the approval of the city manager.
Upon recognition, qualified city volunteer companies shall be provided with such quarters, equipment or facilities, if any, as the fire chief may, from time to time, designate.
(2) With the prior approval of the city manager, the fire chief may withdraw recognition of any qualified city volunteer company if any such company fails to maintain the standards set forth and referenced in the preceding subsection or if the chief for any other reason determines the withdrawal of recognition to be necessary or appropriate to the provision of fire and safety services within the city. The chief shall evidence the withdrawal of recognition in a writing addressed to the captain of the subject organization. Upon withdrawal of recognition, all items and rights provided by the city to the former qualified city volunteer company shall be immediately returned to the city at such place and time and in such manner as the fire chief shall elect. From and after withdrawal of recognition, the subject volunteer organization shall no longer be considered to be a qualified city volunteer company and any such organization and all of its members shall cease to be covered by the provisions of MMC 141.02.
(3) Board of Engineers. The line officers of each qualified city volunteer company and the fire chief shall constitute a board of engineers which shall meet upon the call of the fire chief for the purpose of assuring the proper operation and coordination of the qualified city volunteer companies and the coordination of the work of the qualified city volunteer companies with that of the Meadville fire department. The purpose of the board of engineers shall be to provide a forum for consultation among its members and shall not be for the establishment of policy, procedures, rules or regulations. The fire chief shall, through his/her standard operating procedures and all amendments thereto as authorized under this article, be solely responsible for the establishment of policy, procedures, rules and regulations for the governance of the qualified city volunteer companies.
(4) Volunteer Officers.
(a) The captain of each qualified city volunteer company shall be in complete charge of his/her company’s truck room and activities pertaining to firefighting duties, and training, all under the authority of the fire chief.
(b) At a fire the captain and other officers and members of qualified city volunteer companies will take orders from the fire chief or the officer in charge.
(c) The captain of each qualified city volunteer company shall be responsible for implementation and enforcement of all standard operating procedures from time to time adopted by the fire chief with the approval of the city manager. (Ord. 3498 § 1, 1998; Ord. 3274, 1991)