Chapter 2.40
FIRE DEPARTMENT1

Sections:

2.40.010    Membership.

2.40.020    Rules and regulations.

2.40.030    Duties of fire chief.

2.40.040    Oath of office.

2.40.050    Authority to restrict entry at fire.

2.40.060    Removal of property during fire.

2.40.070    Authority to destroy structure.

2.40.080    Interference with or refusal to assist fire department member.

2.40.090    Assistant chief.

2.40.100    Protecting apparatus.

2.40.110    Enforcement.

2.40.010 Membership.

(1) The city fire department shall consist of a chief, assistant chief, two captains, two lieutenants, and not less than 20 additional members to respond to fire calls and adequately man the fire department equipment; provided, however, the department shall not consist of more volunteer firefighters than are permitted by RCW 41.24.050 or its successor statute. The fire chief shall be appointed by the mayor, subject to confirmation by the city council and shall serve at the pleasure of the mayor.

(2) The positions of assistant chief, captains, lieutenants and secretary shall be appointed by the chief. The chief shall conduct testing of all qualified applicants for the officer positions, which shall include a written exam, a performance evaluation and oral boards. The final determination for appointment rests with the fire chief, based upon the chief’s review of the results of such testing.

(3) The fire chief has the authority to discharge any member of the department, including any officers, for misfeasance, malfeasance or nonfeasance in the performance of their official duties with the department. (Ord. 32-92 § 1, 1992; Ord. 11-89 § 1, 1989; Ord. 21-86 § 1, 1986; Ord. 1029, 1981; Ord. 1025, 1981; Ord. 204 § 1, 1910).

2.40.020 Rules and regulations.

The mayor and chief of the fire department shall have power to make such rules and regulations for the government of the fire department as they may see fit, not inconsistent with the laws of the state and this code; and all members of the fire department shall be subject to and shall strictly comply with all the rules and regulations of the department. (Ord. 204 § 2, 1910).

2.40.030 Duties of fire chief.

The fire chief is the head administrative officer of the fire department and a member of the mayor’s executive staff. In that capacity he is accountable to the mayor. His duties shall include, but not be limited to, the following:

(1) Planning and directing the attack on all fire and emergency aid calls;

(2) Ensuring that all subordinate officers and volunteers properly execute their assigned responsibilities;

(3) Ensuring that all members of the department are in compliance with all applicable federal, state, county and city laws, rules and regulations;

(4) Advising the city on all matters relating to fire protection within the city;

(5) Providing for adequate training of all department personnel;

(6) Maintaining all fire department equipment in good working order;

(7) Such other duties as are necessary in order to operate the fire department; and

(8) Such other duties relating to the fire department and the administration thereof as may be directed by the mayor. (Ord. 17-87 § 2, 1987; Ord. 204 § 3, 1910).

2.40.040 Oath of office.

Each member of the fire department shall qualify by taking before and filing with the city clerk an oath of office that he will faithfully support the Constitution of the United States, the Constitution and laws of the state, and ordinances of the city, and perform to the best of his ability all the duties of his office. (Ord. 06-15 § 2, 2015; Ord. 204 § 4, 1910).

2.40.050 Authority to restrict entry at fire.

The chief of the fire department may prescribe limits in the vicinity of any fire within which no person, excepting those residing therein, and officers of the city, shall be permitted to enter. (Ord. 204 § 5, 1910).

2.40.060 Removal of property during fire.

The chief of the fire department shall have power to cause the removal of any property whenever it becomes necessary for the preservation of such property from fire, or to prevent the spreading of fire or protect adjoining property. (Ord. 204 § 6, 1910).

2.40.070 Authority to destroy structure.

No building or structure of any kind shall be blown up or otherwise destroyed for the purpose of checking the progress of any fire, except in case of absolute necessity, and then only on the order of the chief of the fire department. (Ord. 204 § 7, 1910).

2.40.080 Interference with or refusal to assist fire department member.

The chief of the fire department or person in command shall have power to command such assistance from the inhabitants of the city not members of the fire department, for the extinguishment of fire, and for the preservation of property exposed to fire, as may in his judgment be required. In case any person neglects or refuses to render assistance as required in this section, or refuses to obey any lawful order of the officer in command, or insults, menaces or interferes with any officer or man connected with the fire department while on duty; or, who without authority gives any order to any member of the fire department while on duty; or, if any fireman or other person refuses to do as aforesaid, such person in either case so offending shall upon conviction thereof be punished as provided in BMC 1.04.010. (Ord. 204 § 8, 1910).

2.40.090 Assistant chief.

The assistant chief shall at all times assist the chief in the performance of his duties. In the absence or disability of the chief, the powers and duties conferred and imposed upon him by this chapter shall devolve upon and be performed by the assistant. In the absence of both chief and assistant chief the same powers and duties shall devolve upon the ranking member of the department present. (Ord. 204 § 9, 1910).

2.40.100 Protecting apparatus.

It shall be the duty of all members of the fire department to prevent all persons not belonging to the department from entering any hose house or handling any apparatus belonging to the department without permission. (Ord. 204 § 10, 1910).

2.40.110 Enforcement.

It shall be the duty of the chief of the fire department to attend to the enforcement of the provisions of this code pertaining to the protection of property from fire. (Ord. 204 § 11, 1910).


1

    For the statutory provisions authorizing fourth class cities to provide fire engines and all other necessary or proper apparatus for the prevention and extinguishment of fires, see RCW 35.27.370(6).