A. Police Authority: The Chief of the Fire Department and members acting under his orders shall have full and complete police powers and authority within the fire station, at fires and proceeding to and returning from them in all matters pertaining to the Fire Department, and shall also have authority to make arrests for violation of all provisions of this Code, the enforcement of which is under his jurisdiction. At first, the Fire Chief, or other officer in charge, shall have authority to prescribe limits within which no person shall be admitted except by order of the officer. While actually attendant at a fire, the Police Chief and his deputy and all other law enforcement officers of the Town shall be under the orders of the Chief or other officer of the Department in charge of the fire, and such law enforcement officers shall cooperate with the officer in charge in the enforcement of the provisions of this Chapter. In the case of an emergency, the Chief of the Fire Department, and members of the Department acting under the orders of the Chief, shall have authority to enter any building in the proper performance of their duties.
B. Evacuation, Demolition Of Buildings:
1. For the purpose of protecting persons or property, the Fire Chief or other officer of the Fire Department in charge of extinguishment of any fire, shall have authority to order the evacuation and/or abandonment of any building in immediate danger from an imminent spreading of such fire. The members of the Fire Department are to remove the contents of any threatened building whenever the authorized order for action cannot be otherwise carried out, and the officer in charge of extinguishment of any fire shall have complete police authority in the matter of removing persons from any threatened building.
2. For the purpose of investigating the extent of any fire, or the extent of damage or danger and/or the need for evacuation, abandonment or other action to be taken for the protection of persons or property, the Chief or other officer in charge, and members of the Fire Department working under the orders of the officer, shall have authority to enter any building, private residence or otherwise, breaking into the building if necessary. No break-in or other entry without consent of the owner, proprietor or occupant of the building shall be ordered or made except in those cases in which the owner, proprietor or occupant is absent, or in which the owner, proprietor or occupant is present but refuses to grant consent; and when entry is immediately necessary for the protection of any person or for the protection of any valuable property.
3. The officer in charge shall have authority to order demolition of any building, fences or other objects obstructing access to fire hydrants and/or whose existence is liable to further the spread of any dangerous fire, and the Town shall not be liable for the loss to the owner of the building incurred by reason of such demolition.
4. Whenever any forcible entry has been made as authorized, or any building demolished as provided by this Section, the officer ordering and/or making the entry or demolition shall be required to appear at the next subsequent regular meeting of the Town Council and to make a complete report of the action taken, explaining the necessity for the action, and shall file with the Town Clerk a sworn statement that he did so enter (or demolish) the building, naming the date of such action, and stating that the entry (or demolition) was necessary for the purpose of protecting persons or property (as the case may be). At least two (2) members of the Department shall join with the officer in signing the statement, and if the Town Council shall agree that the action was fully necessary and properly justified by the circumstances described, the Mayor shall likewise attach his signature to the statement and such signature shall have the effect of an endorsement of the related action by the Town Council, and as proof of the ratification of the action by the Town Council.
C. Discontinue Extinguishment: The person in charge of extinguishment of any fire shall have authority to order discontinuance of efforts to extinguish the fire, whenever the officer shall deem it desirable, at the request of the owner of the premises or otherwise, to allow the fire to continue for the purpose of cleaning up the property by consuming dangerous or unsightly material which would otherwise remain at the site. (Ord. 83-08, 9-6-1983)