Chapter 5-1
FIRE DEPARTMENT
SECTION:
5-1-1: APPOINTMENT OF FIRE CHIEF
5-1-2: POWERS AND DUTIES OF CHIEF
5-1-3: APPOINTMENT AND REMOVAL OF MEMBERS
5-1-4: SALARIES OF CHIEF AND MEMBERS
5-1-5: INVESTIGATION AFTER FIRE; REPORT
5-1-6: RIGHT OF ENTRY FOR INSPECTION
5-1-7: FIRE APPARATUS AND EQUIPMENT
5-1-8: REMOVAL OF OBSTRUCTIONS AT FIRE
5-1-9: LIMITS PRESCRIBED IN VICINITY OF FIRE
5-1-10: DISOBEDIENCE OF BYSTANDERS; UNLAWFUL INTERFERENCE
5-1-11: DANGEROUS STRUCTURES OR CONDITIONS; REMEDIAL ACTION
5-1-1 APPOINTMENT OF FIRE CHIEF:
The mayor, by and with the advice and consent of the city council, shall appoint a chief of the fire department. Applicants for fire chief shall meet the minimum requirements and qualifications set forth by the Huntington City Fire Department Constitution and By-Laws. All applicants are reviewed by the fire department executive committee and recommendations are submitted to the mayor for consideration. The newly appointed fire chief shall qualify by taking and subscribing the constitutional oath with the city recorder. (Ord. 1-2019, 1-16-2019; 1957 Code § 12-1)
5-1-2 POWERS AND DUTIES OF CHIEF:
A. Generally:
1. The duty of extinguishing fires and of protecting life and property within the city is entrusted to the chief of the fire department.
2. The fire chief may divide the city into fire districts and make such rules and regulations, subject to review by the executive committee and the approval of the city council, for the government of all officers and members of the fire department, as may deem expedient.
3. The fire chief may make suitable regulations under which the officers and members of the department shall be required to wear appropriate uniform or badge, by which, in case of fire and at other times, their authority and position in the fire department may be known.
4. The fire chief shall have sole and entire command over all officers and members of the department at fires. The fire chief shall have full charge at all times of all apparatus and appurtenances belonging to the department, and the fire chief shall adopt such measures as the fire chief shall deem expedient for the extinguishment of fire, protection of property, or preservation of order and observance of the laws of the state, duties required of the fire chief by law and the ordinances of the city council.
5. It shall be the duty of the chief of the department to examine into the condition of all houses and to inspect engines, hose and hook and ladder equipment of the fire department. (1957 Code § 12-2)
B. Special Duty: It shall be especially the duty of the chief of the fire department to see that at all times the provisions of this chapter relating to the protection and regulation of property are strictly enforced, and also all provisions of this chapter for the prevention of and the protection against fires. (Ord. 1-2019, 1-16-2019; 1957 Code § 12-3)
5-1-3 APPOINTMENT AND REMOVAL OF MEMBERS:
The chief of the fire department shall appoint members and remove any officer or member of the fire department, subject to approval of the executive committee and confirmation by the city council. Appointed officers and members are deemed representatives of Huntington City and shall conduct themselves in a professional manner with courtesy and respect on or off duty. Any member charged with a felony or domestic, sexual, alcohol or drug related offense shall be dismissed from the department immediately. (Ord. 1-2019, 1-16-2019; 1957 Code § 12-5)
5-1-4 SALARIES OF CHIEF AND MEMBERS:
The salaries of the chief of the fire department and the members of the fire department shall be fixed by ordinance of the city council from time to time, and shall be paid from the funds of the city upon warrants drawn upon the city; provided, however, that the chief and members of the fire department may act on a volunteer basis without compensation. (1957 Code § 12-6; amd. 2007 Code)
5-1-5 INVESTIGATION AFTER FIRE; REPORT:
The fire chief, or in his absence, his assistants in charge of the fire, shall, after its extinguishment, make a prompt and thorough investigation of the cause of the fire, the time of breaking out, the amount of loss and insurance, a description of the affected buildings and premises, and shall secure all other useful information and data available, and record the same in a record book kept for that purpose in the office of the fire department, and shall report the same to the city council at such times as it may direct. (1957 Code § 12-4)
5-1-6 RIGHT OF ENTRY FOR INSPECTION:
The fire chief or his deputies shall have the right to enter upon any premises at all reasonable hours for the purpose of inspecting the same. (1957 Code § 12-10)
5-1-7 FIRE APPARATUS AND EQUIPMENT:
A. Right-of-Way: It is hereby provided that the fire truck and movable firefighting apparatus of the city shall have the right-of-way over all other vehicles of every kind in the city with the exception of school buses. State law states that an emergency vehicle cannot pass a school bus with its lights flashing on and stop sign out. It shall be unlawful for the owner or operator of any vehicle to drive or operate the same ahead of said fire truck or at a distance less than one hundred feet (100'), or to follow the same at a distance closer than one hundred feet (100'). (1957 Code § 12-8)
B. Storage And Condition: All engines, hose and other fire equipment shall be kept at such place or places as the city council shall provide and designate, and shall be kept in proper condition for immediate use. (1957 Code § 12-13)
C. Interference With Apparatus: Any person who may use or in any way interfere with any of the fire apparatus, without the consent of the chief, shall be guilty of a class B misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this code. (Ord. 3-2020, 6-17-2020; 1957 Code § 12-14; amd. 2007 Code)
5-1-8 REMOVAL OF OBSTRUCTIONS AT FIRE:
The chief of the fire department, with the consent of the city council, may order the removal or destruction of any fence, building or structure when it may be deemed necessary for the purpose of checking the progress of the fire. All persons present at any fire shall be subject to the orders of the officer in charge of the removal and protection of property and in extinguishing the fire. (1957 Code § 12- 15)
5-1-9 LIMITS PRESCRIBED IN VICINITY OF FIRE:
A. The county sheriff’s office, in conjunction with the fire officer in charge, may prescribe the limits in the vicinity of the fire within which no person, except members of the county sheriff’s office, or those admitted by order of the officer in charge, shall be permitted to come.
B. Driving Over Fire Hoses: It shall be unlawful for anyone driving or operating any type of vehicle to drive over a fire hose on any street in the city of Huntington.
C. Street Blockade: Whenever a fire shall occur it shall be lawful for the chief or the officer in command to blockade any street, avenue, alley, sidewalk or other place if, in his judgment, it is necessary to secure the efficient working of the men, hose, engines, or hook and ladder apparatus under his command, and to protect the hose of said department from injury. It shall be unlawful for any person to break through said blockade. (Ord. 3-2020, 6-17-2020; 1957 Code § 12-16; amd. 2007 Code)
5-1-10 DISOBEDIENCE OF BYSTANDERS; UNLAWFUL INTERFERENCE:
A. Disobedience: The county sheriff, fire chief, foreman or any officer in charge of the department may require the aid of every citizen, inhabitant or bystander in drawing any engine, cart or other fire apparatus to the fire and, upon the refusal or neglect of any such person to immediately comply with such requirements, the offender shall, upon conviction thereof, be deemed guilty of an infraction, subject to penalty as provided in section 1-4-1 of this code. All officers authorized to command the aid or assistance of any citizen, inhabitant or bystander are hereby authorized likewise to arrest such citizen, inhabitant or bystander for refusal to obey any reasonable directions for the extinguishing of fire or the protection of property. (1957 Code § 12-17; amd. 2007 Code)
B. Interference: Any person who shall willfully hinder any officer or foreman in the discharge of his duty at a fire; or in any manner injure, deface or destroy any engine, hose or other fire apparatus belonging to the city; or who shall interfere with any fire company or person; or who shall willfully break or injure any water pipe; or in any way interfere with the water or its source of supply, shall be deemed guilty of a class B misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this code. (1957 Code § 12-18; amd. 2007 Code)
5-1-11 DANGEROUS STRUCTURES OR CONDITIONS; REMEDIAL ACTION:
A. Buildings; Explosives: Whenever, in the judgment of the fire chief, any building or structure or any portion thereof, or any appurtenances or fixtures thereto, or any chimney, smokestack, stove, oven, furnace, or wiring or thing connected with such building or premises is deemed defective or unsafe, and such defect or unsafe condition is such as to create a danger from fire; or whenever the owner, or occupant of such building or structure or part thereof keeps or stores any explosive, combustible, inflammable material, waste or rubbish of any description in such a manner that the same creates a danger from fire, the fire chief or his deputies shall give the owner, or person having control of such building or structure not exceeding five (5) days' notice of required changes, alterations or repairs necessary to render the same safe to life and property from fire; and any person refusing or neglecting to comply with such notice shall be deemed guilty of misdemeanor. (1957 Code § 12-11)
B. Unoccupied Buildings: Whenever any unoccupied building is not properly secured or enclosed, the fire chief, or his deputies, shall immediately visit the premises and notify the owner or person having control of the same, forthwith to secure or enclose the same, and the person so notified as aforesaid, shall, within forty eight (48) hours, comply therewith. (1957 Code § 12-12)