Chapter 2.28
VOLUNTEER FIRE AND AMBULANCE DEPARTMENT1
Sections:
2.28.030 Duties of the board of directors.
2.28.040 Fire department – Duties and powers of chief.
2.28.050 Fire department – Duties and powers of assistant chiefs and captains.
2.28.060 Fire department – Duties and powers of treasurer.
2.28.070 Fire department – Adoption of rules and regulations.
2.28.080 Fire department – Compensation.
2.28.160 Response to emergency alarms by policemen.
* Code reviser’s note: Originally codified as Chapter 2.30 SMC, this chapter has been renumbered to prevent duplication of numbering with the codification of Ord. 422.
2.28.010 Name and purposes.
The department created hereby shall be known and designated as the city of Sisters volunteer fire and ambulance department. The purposes of this department shall be the prevention and extinguishing of fires and protection of life and property within the city of Sisters and surrounding area and providing of emergency medical services and transportation to medical facilities within the city of Sisters and surrounding area. [Ord. 100 § 1, 1978. Code 2002 § 2.36.010].
2.28.020 Board of directors.
(1) The city of Sisters volunteer fire and ambulance department shall consist of a seven-member board of directors and such other individuals as may acquire membership in the departments provided for by this chapter.
(2) The board shall have the powers and duties specified in this chapter and all powers necessary or proper to enable it to take possession and charge of, manage, operate and maintain the fire and ambulance service and fixtures and equipment attached or belonging thereto; and in the exercise of such powers and duties, but without limitation on the foregoing:
(a) To make rules and regulations governing the management and operation of the department, subject to the approval of the council;
(b) To recommend to the council reasonable rates, adequate for operation and maintenance of the department, for a fair and adequate reserve for replacement, including the time and manner for payment of such rates, and to do any other act or make any other regulations necessary or convenient for the management and operation of said department, subject to approval by the council.
(3) The board of directors shall consist of a fire chief, assistant chief, two captains, a secretary, a treasurer and a lieutenant. The board of directors shall be elected by members of the department, subject to approval by the council, for a term of two years and tenure of office shall depend upon good conduct and efficiency except that the fire chief shall be appointed and removed by the council with the recommendation of the department. The fire chief shall be removed only for just cause and after public hearing before the council. Board members shall serve without compensation.
(4) The fire chief shall be held accountable for the department and shall make written and verbal reports as the council may require.
(5) All of the department and members of the board of directors shall be accountable to the fire chief only.
(6) The directors shall be elected by ballot, except for the fire chief who shall be appointed as hereinabove provided, each active member in good standing being entitled to one vote with a majority of the votes cast being required for election. Nominations shall be held on the first Tuesday in December, with elections on the second Tuesday in December and installation on the first Tuesday in January of each and every year where an election is appropriate or as soon thereafter as reasonably possible.
(7) No person shall hold more than one office per term. [Ord. 100 § 2, 1978. Code 2002 §§ 2.36.020, 2.36.030].
2.28.030 Duties of the board of directors.
The fire chief shall formulate a set of rules and regulations to govern the department and shall be responsible to the council for the personnel, morale and general efficiency of the department. The fire chief shall determine the number of members and kind of companies of which the department is to be composed; he shall determine the response of such companies to alarms.
The fire chief shall have complete direction and responsibility for the department equipment, and be in charge of all men, fires, drills and equipment belonging to the department.
The fire chief shall have the power to call the department for drill and shall notify the department at a regular meeting of the date of such drill. The chief shall, at least once a month, conduct suitable drills or instruction in the operation and handling of the equipment, first aid, rescue work, salvage, a study of buildings in the city of Sisters, fire prevention, water supplies, and all other matters considered essential to good firemanship, ambulance service and safety of life and property.
The fire chief is hereby required to assist the proper authorities in suppressing the crime of arson by investigating or causing to be investigated the cause, origin, and circumstances of all fires.
The chief is hereby empowered to enter any and all buildings and premises, at any reasonable hour, for the purpose of making inspections, by giving prior notice of at least 24 hours to the occupants thereof, and when convenient to the owner, except that in the case of an emergency for the health, safety and welfare of the community, such previous notice shall not be required, and to serve written notice of the owner or occupants to abate, within any specified time, any and all fire hazards that may be found to exist.
Any person so served with a notice to abate a fire hazard or safety hazards shall comply therewith and promptly notify the fire chief.
It shall be the duty of the assistant fire chief and captains, in order of their ranking, to assist the fire chief in the performance of his duties; and whenever the fire chief shall be absent from attending the duties of his office, they shall perform all duties and possess all of the powers of the fire chief during such absence.
It shall be the duty of the secretary to keep a correct record of all drills, as well as all other meetings, and note the names of all absentees; to keep a copy of all alarms in a book especially provided for that purpose; to have a copy of this chapter in his or her minute book and from time to time record in said book minutes of meetings or activities conducted pursuant hereto; and to perform such other duties and services as the department may direct.
It shall be the duty of the treasurer to keep the accounts of the department and keep a correct statement of the finances of the department in a book provided for that purpose; to collect all money due the department, report the financial condition of the department and perform such other services and duties as the department may direct.
It shall be the duty of the captains to take command at all drills or actual service, and to see that each member performs his or her duty. In times of actual service, they shall be obeyed without question or delay.
The lieutenant shall be either an emergency medical technician or an emergency medical technician/firefighter. The lieutenant shall be held accountable for the ambulance inventory and equipment. [Ord. 100 § 3, 1978].
2.28.040 Fire department – Duties and powers of chief.
The duties and powers of the chief of the fire department shall be as follows:
(1) To have full control and direction of the apparatus and forces of the fire department when in attendance at a fire, as well as the policemen and citizens summoned to assist the department. On such occasions, he shall have the same authority as the police chief to enforce orders, make arrests and maintain order;
(2) To be fire marshal of the city and to perform all the duties of that office as required by ordinances of the city, orders of the mayor and council and laws of the state;
(3) To devote the time necessary to the discharge of his official duties and keep the council advised of the affairs and needs of his office;
(4) To have general supervision and control over the employees within his department and the work of such employees;
(5) To be answerable directly to the city manager, if any, or, if none, then to the councilman in charge of the department;
(6) To be the administrative head of the department and recommend to the council, when necessary to achieve a more effective operation of the city government, the organization, reorganization or any change in the department;
(7) To order, upon the advice of the mayor, when present at a fire, or on his own motion when the mayor is absent, the removal or destruction of any building, structure, erection or fence whenever necessary to avert the progress of or to extinguish any fire with which the department is contending. No personal liability on the part of the city or the chief shall result from such order lawfully given. [Added during 1979 codification. Code 2002 § 2.36.040].
2.28.050 Fire department – Duties and powers of assistant chiefs and captains.
The duties and powers of the assistant chiefs and captains of the fire department shall be as follows:
(1) To act for and have the powers of the chief, according to their rank, whenever the chief is absent or unable to act, and in such event, they shall perform all duties and possess all the powers of the fire chief during such absence;
(2) To assist the chief and be subject to his orders;
(3) To have general supervision, under the chief, of the apparatus, vehicles and housings of the department;
(4) To be deputy fire marshals and assist the chief in the performance of the duties of that office. [Added during 1979 codification. Code 2002 § 2.36.050].
2.28.060 Fire department – Duties and powers of treasurer.
The duties and powers of the treasurer of the fire department shall be as follows:
(1) To keep the accounts of the department and to keep a correct statement of the finances of the department in a book provided for that purpose;
(2) To collect all money due the department, report the financial condition of the department and to perform such other services and duties as the department may direct. [Added during 1979 codification. Code 2002 § 2.36.070].
2.28.070 Fire department – Adoption of rules and regulations.
The fire department may adopt such constitution, bylaws, rules and regulations for its government as will best service the discipline and effectiveness of the department, but such constitution, bylaws, rules and regulations must not be inconsistent with the laws of the state or of the ordinances of the city, and shall in every case be submitted to the council for approval or revision before their adoption by the department. When thus approved, they shall have the force and effect of ordinances, resolutions and orders of the council. [Added during 1979 codification. Code 2002 § 2.36.080].
2.28.080 Fire department – Compensation.
The officers and members of the fire department shall receive for their services such compensation as the council may provide. [Added during 1979 codification. Code 2002 § 2.36.090].
2.28.090 Meetings.
The board of directors shall meet at least once a month at such time and place as may be designated by the board of directors or fire chief. The regular meetings of the department shall be held every Tuesday, except that no meetings shall be held on legal holidays. The second and fourth Tuesdays of the month shall be designated ambulance training. The remaining Tuesdays shall be designated for fire training. Meetings shall begin at 7:00 p.m. and will last no longer than three hours.
The majority of those members in attendance at a regularly scheduled meeting, or at a nonregular meeting called with at least five days’ prior written notice, shall constitute a quorum. [Ord. 100 § 4, 1978. Code 2002 § 2.36.100].
2.28.100 Membership.
Membership of the department shall consist of not less than 15 active members.
Members shall be able-bodied citizens residing within the area of the city of Sisters who are of good moral character, reasonably fit physically, and have attained the age of 18 years, and who are approved at a regular meeting by a quorum as defined herein. Any individual residing within the city of Sisters rural fire district shall be considered residing within the area of the city of Sisters.
All applicants for membership must be proposed at a regular business meeting by a member of the board of directors and voted upon by the membership and initiated. All applicants must attend six consecutive meetings, fires or ambulance calls to obtain a badge and the department shall have the power to assess an initiation fee sufficient to cover badges, insurance and other personal accessories. No member shall expect any pay or salary for the performance of regular duties at fires, ambulance calls or drills.
Any member of the department may be suspended or dismissed from the department by the fire chief at any time he may deem such action necessary for the good of the department. Any member of the department may be removed for poor attendance by a vote of the department, or if four or more consecutive meetings are missed without just cause, or if a member violates any of the duties of members as hereinafter set forth. On written request of such member to the council, the member shall be given a public hearing on the charges brought by the fire chief or department.
The department, subject to approval by the council, may make such other rules and regulations pertaining to membership as may be deemed just and proper.
Applicants shall receive a copy of this chapter and the rules and regulations of the department.
An EMT member may be any interested person who holds a current Oregon State Health Division certificate as an EMT I or better.
An associate membership may be obtained by any person interested in betterment of the city of Sisters volunteer fire and ambulance department.
Any member may withdraw from the department by returning all property belonging to the department and notifying the fire chief or assistant fire chief in writing of his or her resignation.
A member may be reinstated after leaving the Sisters area for a period of time, not to exceed two years, without reserving the probationary period. [Ord. 100 § 5, 1978. Code 2002 §§ 2.36.120, 2.36.130, 2.36.140].
2.28.110 Duties of members.
It shall be the duty of all firefighters to answer all general alarms. It shall be the duty of all members to attend all the appropriate meetings and drills and emergency calls unless unavoidably detained. Firefighters shall remain at the scene of the fire until they have been excused by a senior officer. Any member under the age of 21 must abstain from the possession and use of all alcoholic beverages during the handling and serving of any department function. [Ord. 100 § 6, 1978. Code 2002 § 2.36.150].
2.28.120 Regulations.
Each member of the department shall be issued a badge designating his or her rank. All motor equipment and all personal cars of the department members shall comply with the Oregon law as to right-of-way of the emergency vehicles in responding to an alarm. No person shall drive a vehicle over a fire hose except upon specific orders from the fire chief or other officer in charge where the hose is used. No person shall park any vehicle or otherwise cause any obstruction to be placed in front of an entrance to any fire station or other place where fire apparatus is stored, or within 10 feet of any fire hydrant or cistern.
No person shall maliciously turn in or cause to be turned in any false alarm. [Ord. 100 § 7, 1978. Code 2002 § 2.36.160].
2.28.130 Equipment.
The department shall be equipped with such apparatus and other equipment as may be required from time to time to maintain it sufficiently and properly protect life and property from fire and properly provide emergency medical services and transportation to medical facilities.
Recommendations for apparatus and equipment needed shall be made by the fire chief and after approval by the council shall be purchased in such manner as may be designated by the council.
All equipment of the department shall be safely and conveniently housed at such places as may be designated by the council.
Suitable arrangements shall be provided for citizens to request assistance or turn in an alarm, and for notification of all members of the department so that they may promptly respond to such requests and alarms.
No person shall use any fire apparatus, ambulance apparatus or equipment for any private purpose, nor shall any person willfully and without proper authority take away and conceal any article used in any way by the department.
The department is hereby authorized to enter into agreements or contracts with nearby incorporated communities or governing bodies of other organizations as necessary to carry out the purposes of the department, or to establish mutual aid systems, subject to approval of said agreement or contract by the council, or to provide service to such other communities, organizations or individuals as the council may approve.
No apparatus shall be hired out or permitted to leave the city of Sisters, except in response to call for aid, without the consent of the fire chief and a previously designated member of the council. The officer in charge of the department shall have power to assign equipment for response to calls for outside aid in accordance with any previously, duly and lawfully authorized contract or agreement, or in the absence of a previously authorized contract or agreement, when an emergency may so dictate. [Ord. 100 § 9, 1978. Code 2002 § 2.36.170].
2.28.140 Fees.
Fees to be charged for services rendered by the city of Sisters volunteer fire and ambulance department shall be set by the board of directors of said department with the approval of the council. [Ord. 100 § 10, 1978. Code 2002 § 2.36.180].
2.28.150 Special accounts.
There shall be created a special account for the city of Sisters volunteer fire and ambulance department. All receipts from the operation of the department shall be credited to said account and it shall be used for the operation of the department and for the maintenance, repair and replacement of equipment. From time to time the council may transfer other funds to this account. [Ord. 100 § 11, 1978. Code 2002 § 2.36.190].
2.28.160 Response to emergency alarms by policemen.
It is hereby made the special duty of the city policeman who may be on duty and available for fire duty or emergency ambulance duty to respond to all emergency alarms and assist the department in the protection of life and property, regulating traffic, and maintaining order, and in the observance of all sections of this chapter. [Ord. 100 § 8, 1978. Code 2002 § 2.36.200].
2.28.170 Penalties.
Any person violating the provisions of this chapter shall, upon conviction in the city court of this city or before the justice of the peace, pay a fine of not less than $10.00 nor more than $100.00 for each offense, and/or not more than five days in jail. [Ord. 100 § 8, 1978. Code 2002 § 2.36.210].
For statutory provisions on protection from fire, see ORS Ch. 476.