147.01 ESTABLISHED; PERSONNEL.

   (a)   A Fire Department is hereby established which may consist of, but shall not exceed, the following members and executive officers:

      (1)   A Fire Chief;

      (2)   One Assistant Fire Chief;

      (3)   One Fire Prevention Officer and two Fire Inspectors;

      (4)   Four Captains;

      (5)   Six Lieutenants;

      (6)   Thirty-three full-time firefighters;

      (7)   Such number of Community Emergency Response Team (“CERT”) members as the Safety Director shall deem necessary;

      (8)   Two Administrative Assistants/Secretaries/Clerks.

   In the event of a vacancy, the Mayor shall fill the position in accordance with Article VI, Section 3, of the Charter.

   The Mayor is hereby authorized to employ such number of personnel as is necessary to meet the needs of the Department.

(Ord. 2016-35. Passed 2-16-16.)

   (b)   Part-time firefighters and part-time paramedics shall be under the direct control of the Fire Chief.  Part-time firefighters and part-time paramedics shall be appointed by the Mayor upon the recommendation of the Fire Chief and shall continue in such capacity at the pleasure of the Mayor or until resignation.

   (c)   The CERT members of the Fire Department shall be under the direct control of the Fire Chief.  The Fire Chief shall serve as Coordinator of Emergency Management in accordance with ORC Section 5502.25 for the City and shall determine the duties to be performed by CERT members.  Such CERT members shall be approved by the Mayor/Safety Director upon the recommendation of the Fire Chief, and shall serve at the pleasure of the Mayor/Safety Director, or until resignation.  CERT members shall meet such certification requirements and other qualifications as shall be established by the Fire Chief and approved by the Mayor/Safety Director.  The Fire Chief shall certify on a quarterly basis that each CERT member has met such requirements and qualifications.  The CERT program shall continue for such period of time as the Mayor/Safety Director shall deem necessary to provide for the safety and protection of the residents and visitors of the City.  (Ord. 2010-104.  Passed 7-26-10.)

147.02 JURISDICTION.

   The Fire Department shall have jurisdiction over all matters pertaining to fire prevention, equipment, quarters, fire fighting, the installation, supervision and maintenance of fire alarm signal and communications systems, fire suppression systems and enforcement of fire laws and ordinances. 
(Ord. 1997-176.  Passed 10-6-97.)

147.03 APPOINTMENT OF FIRE CHIEF AND ASSISTANT FIRE CHIEF.

   The Mayor/Safety Director shall appoint the Chief of the Fire Department who shall be responsible for the supervision and management of the Fire Department.  The Mayor/Safety Director shall also appoint the Assistant Fire Chief.  During the absence or inability of the Fire Chief to serve, the Assistant Fire Chief of the Fire Department shall be in charge of the Department unless otherwise ordered by the Fire Chief or Mayor/Safety Director.

(Ord. 1997-176.  Passed 10-6-97.)

147.04 RULES AND REGULATIONS.

   The Fire Chief may promulgate appropriate standards of conduct, rules and regulations for the management and improvement of the Department, subject to the approval of the Mayor/Safety Director.  (Ord. 1997-176.  Passed 10-6-97.)

147.05 CASUALTY INSURANCE.

   (a)   The Mayor and Finance Director are authorized and directed to ascertain such terms and provisions of casualty insurance policies as are available to the City and its Fire Department, and to purchase and enter into a contract for such casualty insurance for the Fire Department as is found to be most satisfactory and beneficial to the City.

   (b)   The Mayor and Finance Director are hereby authorized and directed to issue their respective warrants and vouchers for the payment of premiums for such casualty insurance for the Fire Department of the City.

(Ord. 1997-176.  Passed 10-6-97.)

147.06 FIRE PREVENTION OFFICER/FIRE INSPECTORS.

   The Fire Prevention Officer/Fire Inspectors shall be members of the Department of Public Safety, appointed by the Mayor/Safety Director, to serve in a non-civil service position to assist the Fire Chief.

(Ord. 1997-176.  Passed 10-6-97.)

147.07 DISPOSITION OF FIRE INSURANCE PROCEEDS.

   (a)   The City hereby designates the Fire Chief as the officer authorized to carry out the duties of this section in compliance with Ohio R.C. 3929.86.

   (b)   The Clerk of Council shall file a certified copy of this section with the State Superintendent of Insurance.

   (c)   When a fire loss to a structure located in the City equals or exceeds sixty percent (60%) of the aggregate limits of liability on all fire policies covering the building or structure, the insurance company or companies, in accordance with Ohio R.C. 715.26(F), shall transfer from the insurance proceeds to the City, in the aggregate, one thousand dollars ($1,000) for each twenty thousand dollars ($20,000) and for each fraction of that amount, of a claim, for the purpose of removal or repair of the structure.

   (d)   The insured may, in the alternative, submit a contractor's signed estimate of costs of removing, repairing or securing the building or structure and shall direct the insurance company to transfer from the insurance proceeds to the City the amount specified in the estimate.  If the insured submits such an estimate after the insurance company has already transferred to the Fire Chief an amount equal to one thousand dollars ($1,000) for each twenty thousand dollars ($20,000) loss, the City shall reimburse the insured for any excess paid above the estimate amount submitted.

   (e)   Upon receipt of proceeds by the City, the Finance Director shall place the proceeds in a separate fund to be used solely as security against the total cost of removing, repairing or securing expenses incurred by the City pursuant to Ohio R.C. 715.261.

   (f)   When transferring the funds as required in subsection (c) hereof, an insurance company shall also provide the City with the name and address of the insured.  The City shall then contact the named insured and notify him or her of the following procedure:

      (1)   The funds will be returned to the insured when the repair or removal has been completed and when required proof has been received by the Fire Chief if the City has not incurred any costs.

      (2)   If the City has incurred costs in repair or removal, such costs shall be paid from the funds and any excess shall be returned to the named insured.

      (3)   Nothing in this section shall be construed to limit the ability of the City to recover any deficiency of removal costs under Ohio R.C. 715.261.

      (4)   Ohio R.C. 715.261 provides that the City may collect all costs of removal in any of the following ways:

         A.   The Clerk of the City shall certify total costs of removal and a proper description of the lands to the County Auditor who shall place the costs upon the tax duplicate.  The costs shall be a lien upon such lands from and after the date of entry.

         B.   The City may also commence a civil action to recover the total costs from the owner.

            (Ord. 1997-176.  Passed 10-6-97.)

147.08 AGE LIMITATION FOR PART-TIME COMMUNITY EMERGENCY RESPONSE TEAM.

   All part-time CERT members of the Fire Department shall terminate their office and employment not later than their sixty-fifth birthday.

(Ord. 2004-27.  Passed 2-2-04.)