139.03 REGULATIONS AND BY-LAWS.
   (a)   General Provisions.
      (1)   The Fire Department is a governmental unit and shall have no official connection whatsoever with any fire companies privately organized for any purpose, other than the fact that its members may also be members of such companies. (Ord. 10-1972. Passed 2-9-72.)
      (2)   The active membership of the Fire Department shall consist of able bodied citizens over eighteen years of age and out of high school who are of good moral character and are easily accessible.
         (Ord. 3-2006. Passed 1-18-06.)
      (3)   Members of the Department may organize for social interests providing there is no interference with the general efficiency of the Fire Department, and provided that none of the provisions of their social organization shall be in conflict with any of the terms of these regulations and by-laws.
      (4)   All members of the Fire Department must have Ohio State University Trade and Industrial Training under a qualified instructor.
      (5)   All Fire Department members while on duty shall give strict obedience to the lawful orders of the officers duly elected and appointed over them and under no consideration shall any attention be given to the orders, suggestions and criticisms of unauthorized persons.
      (6)   All regularly appointed members of the Fire Department are hereby given the necessary special powers for the purpose of enforcing the provisions of these regulations and by-laws.
   (b)   Fire Chief.
      (1)   The Fire Chief shall be at the head of the Department, subject to the laws of the State of Ohio and ordinances and resolutions of the Municipality and the regulations and by-laws herein.
      (2)   He shall be held responsible for the good order and efficiency of the Department. It shall be his duty to examine the conditions of the fire station, apparatus, hose and all other property of the Department. He shall keep or cause to be kept in neat form, records of the extent, nature and causes of fires, apparatus used and names of members attending.
      (3)   Fire alarm signals shall be installed as prescribed by the Fire Chief and it shall be his duty each day to observe that the fire alarm system is in proper working order and to test or have the same tested at regularly designated times.
      (4)   The Fire Chief shall familiarize himself and instruct all members as to water supplies.
      (5)   The Fire Chief shall thoroughly instruct and drill all members of the Department at least once a month in the use of apparatus and equipment and for the purpose of discussing fire prevention and fire fighting methods, State laws and Municipal ordinances, inspection of buildings by the entire Department, life saving and such other instructions designed to promote the efficiency of firefighters.
         The Chief shall assemble the officers and firefighter for the purpose of instruction and drill in the operation and understanding of all phases of work which has a bearing upon good firefighter.
      (6)   The Fire Chief shall attend all fires when not providentially hindered or excused by proper authority and direct the officers and members in the performance of their duties.
      (7)   The Fire Chief shall report to Council the name of any member or officer of the Fire Department who by reason of age, disease, accident or other incompetence, does not properly perform his duties and shall assist the Mayor in preferring charges against delinquent officers or firemen who shall be subject to removal as provided for by Ohio R.C. 733.35 to 733.39.
      (8)   The Chief and the Safety Committee of Council shall formulate and submit to Council rules and regulations to govern the Department, and upon approval thereof by Council, the rules and regulations shall be type written and a copy thereof furnished to each member of the Department and the Clerk, which copy the Clerk shall file in the permanent records of the Municipality.
      (9)   It shall be the duty of the Fire Chief to take charge and custody of all fire apparatus and equipment and supervise the maintenance thereof so that the same may be in good order and condition and ready for use at all times. He shall have full control of the Fire Department and its members during all fires and may at any time during a fire call upon any citizen or citizens to perform labor, which in his judgment is necessary to aid in the extinguishing of fires. He shall have such other and further duties and responsibilities as may be provided by law.
   (c)   First Assistant Fire Chief.
      (1)   It shall be the duty of the First Assistant Fire Chief to assist the Fire Chief in the performance of his duties and to execute the orders of the Fire Chief both in regard to maintenance of the apparatus and equipment, and during fire calls. He shall become Acting Chief in event of the absence or disability of the Chief, with the same powers and authorities as the Chief would exercise if present. He shall have other and further duties and responsibilities as may be provided by law. He shall also be director of personnel.
      (2)   It shall be the duty of the First Assistant Chief to give ready and implicit obedience to all orders from his superiors, to familiarize himself with the rules and regulations of the Fire Department and compel all members under his command to do likewise. It shall be his duty to closely superintend the Department under his charge and to do everything in his power for the best interest of the Fire Department.
      (3)   The First Assistant Fire Chief and the Safety Committee of Council shall be responsible for the personnel of the Department.
   (d)   Captain.
      (1)   The Captain shall command the Department at a fire until the arrival of his superior officer.
      (2)   He shall preserve the discipline of the Fire Department and instruct the members concerning their duties and see that each member knows the location, name and use of each piece of equipment and assign equipment duties each month.
      (3)   He shall make a report to the Chief on the condition of the apparatus, hose and other equipment under his charge.
 
   (e)   Lieutenants. Lieutenants shall assist the Captain in his duties and any other duties assigned by the Chief.
 
   (f)   Engineer. The Engineer shall see that the engines and pumps are in workable condition at all times and shall have charge, under the Chief, over all Fire Department personnel for maintenance and upkeep of the station.
 
   (g)   Fire Alarms.
      (1)   On alarm of fire, members in the neighborhood of the fire station shall promptly respond with the apparatus. When driving apparatus, speed limits shall be consistent with safety considering traffic, weather and road conditions. Special care shall always be taken upon approach to all intersections, the apparatus kept under control and ready to stop. Violations of this rule shall be held as reckless driving and punishable by dismissal or suspension. Should an accident occur, the driver shall comply with all State laws concerning the reporting of the same and if an officer is present, the officer shall procure the names of witnesses, if any, and make a written report of the same to the Fire Chief, and obtain a police report. In the event an officer is not present, the driver shall make such report.
      (2)   In the absence of the Chief, the command of the Department shall fall upon the First Assistant Fire Chief. In the absence of the First Assistant Fire Chief, the Captain shall command the entire Fire Department until the arrival of a superior officer. In the absence of the aforesaid officers the command of the Department shall fall upon the Senior lieutenant or the Junior Lieutenant, in that order, until the arrival of a superior officer.
      (3)   In the event no officer responds to the alarm, the second man to arrive at the fire house is in command until a senior officer arrives upon the fire scene.
      (4)   Others shall respond for service by going to the station and checking information on the bulletin board even though they have information from Plectron. When driving personal cars, members shall observe speed limits such as are consistent with laws, weather and road conditions and with due regard for safety of pedestrians and private property. Violations of this rule may result in suspension or dismissal.
      (5)   All personal cars of Fire Department members shall be governed by the provisions of Sections 301.27, 331.09, 331.20 and 331.21 of the Traffic Code when responding to a fire alarm. Firefighter’s cars shall be designated as such as required by the Ohio Director of Highway Safety.
      (6)   At a fire and at drills when the work at hand is completed, all working tools and equipment shall be replaced in its proper position by its assigned member. After same is done all members shall help uncouple the water lines, if laid and wet, roll up each section and load on the apparatus.
      (7)   No one not a member shall be allowed to ride on the apparatus or to handle the equipment, unless otherwise ordered to do so by the officer in charge. Each member is charged with the enforcement of this rule.
      (8)   Members must obey and enforce subsection (g)(5) and (i)(1) and (2) hereof, and Sections 331.27, 331.28, 351.03(j) of the Traffic Code and Section 509.07 of the General Offenses Code.
      (9)   The officer in charge shall ride on the seat at the side of the driver. All members riding truck on fire runs shall ride the rear step unless there is too little space. If there is not enough space they are permitted to ride the side running boards providing due caution and care is exercised.
      (10)   No member shall be permitted to leave a fire for any reason unless excused by the officer in command. Wandering around the fire grounds and engaging in unnecessary conversation with others will not be tolerated.
      (11)   It is hereby made the special duty of the Chief of Police, policemen and such other peace officers as are on duty at the time, to respond to all fire alarms and assist the Fire Department in the protection of the life of the citizens of the Municipality and the property therein, and the property of the Fire Department and in controlling and regulating traffic and maintaining order.
   (h)   Fire Drills.
      (1)   The regular drills of the Fire Department shall be held four hours each month or twelve drills per year at such time and place as may be directed by the Chief. All members must attend. At these drills the officer in charge shall arrange and conduct such appropriate instruction as to increase the efficiency of the Department. In good weather, practice drills with the apparatus and equipment shall be held. In bad weather, the Chief or other officer in charge shall conduct discussion and instruction periods in fire prevention, hazards, fire fighting, inspection work, salvage and other subjects of interest and value to increase the efficiency of the Department.
      (2)   All members shall study and learn the State Standards of Safety, be at all times on the alert for fire hazards and report them to their superior officer. An effort shall be made to attend all association meetings. Annual dues to firefighter’s and chief's associations and the National Fire Protection Association shall be legitimate expenditures of the Department.
      (3)   The fire station and all appurtenances and the premises in general shall be kept clean, orderly and in sanitary condition. Every member of the Department shall be held responsible for any act of negligence on his part which may contribute toward the violation of this rule.
      (4)   All members are responsible for their clothing and tools and when resigning shall return all Fire Department property in their possession to the Fire Chief or officer in charge.
   (i)    Fire Inspection Bureau and Inspection of Buildings.
      (1)    There is hereby established a Fire Inspection Bureau within the Fire Department of the Village of Boston Heights. The Village shall have one or more duly appointed part-time fire inspectors, other than the Chief of the Fire Department, who shall be members of the Fire Inspection Bureau. The inspectors employed within the Bureau shall also be members of the Village Fire Department.
      (2)    The Fire Inspection Bureau is hereby required to cause inspections to be made of all buildings and premises within the Village, except those buildings used exclusively and/or primarily for residential purposes, not less than once each year. The inspector is further required to serve written notice upon the owners of inspected premises of any and all fire hazards that may be found therein or thereon as governed by the Ohio Revised Code, as it may be amended.
      (3)    Any person, firm or corporation served with a notice of violation or order to evade any fire hazard shall comply with the order forthwith and thereupon notify members of the Fire Inspection Bureau.
      (4)    The Fire Inspection Bureau shall be staffed by one or more part-time employees who:
         A.   Must be members of the Village of Boston Heights Fire Department, and,
         B.   Must be certified as a fire inspector according to the Ohio Revised Code, as it may be amended.
      (5)    Fees for fire inspections and rules and regulations regarding fire inspections shall be set by the Fire Chief. The fees, rules and regulations shall be approved by a majority vote of the members of the Safety Committee prior to taking effect.
   (j)   Equipment Use; Contracts.
      (1)   No person shall use any fire apparatus or equipment for any private purpose, nor shall any person willfully and without proper authority remove, take away, keep or conceal any fire apparatus, equipment, tool appliance or other article used in any way by the Fire Department.
      (2)   The equipment used by the Fire Department shall be owned by the Municipality and shall be used for the extinguishment of fires throughout other political subdivisions when contracts have been executed providing for the exchange or hire of the equipment.
      (3)   The Fire Department hereby created shall be bound by any contract that may be made by Council with any other village or township or any other party with which they can legally contract according to the terms thereof.
   (k)   Discipline.
      (1)   The Fire Chief is hereby authorized and directed to furnish each member of the Department with a copy of these regulations and by-laws.
      (2)   All members shall comply with Department rules and regulations, or face disciplinary action or dismissal.
      (3)   If the conduct of any member appears to be in willful violation of these regulations and by-laws or other rules of the Department or prejudicial to the Department's interest, the Fire Chief shall submit the record of such member to the Mayor for the preferment of charges under Ohio R.C. 733.35 to 733.39 inclusive.
      (4)   The following charges shall be considered grounds for Council action: If any member or officer of the Department has been guilty in the performance of his official duites of bribery, misfeasance, malfeasance, nonfeasance, misconduct in office, gross neglect of duty, gross immorality or habitual drunkenness. Absence from a fire without permission or a legitimate excuse shall be considered grounds for removal.
         (Res. 3-1972. Passed 2-9-72; Ord. 10-1972. Passed 2-9-72; Ord. 12-2012. Passed 5-9-12.)