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FIRE DEPARTMENT
§ 33.20 CREATED; COMPOSITION.
   (A)   There is hereby created a Fire Department for the town, which shall consist of a Chief, an Assistant Chief, and as many firefighters as may be deemed necessary from time to time by the Chief and approved by the Town Manager.
   (B)   In the event that the Fire Chief is absent or that position is open, the Assistant Fire Chief shall serve as the acting Fire Chief reporting directly to the Town Manager.
(1989 Code, § 4-2-1) (Ord. 2001-08, passed 10-11-2001)
§ 33.21 DEPARTMENTAL RULES AND REGULATIONS.
   The Fire Department shall be operated and managed in accordance with such departmental rules and regulations as may from time to time be adopted by the Chief and the Town Manager and approved by the Council.
(1989 Code, § 4-2-2) (Ord. 2001-08, passed 10-11-2001)
§ 33.22 APPOINTMENT OF CHIEF.
   (A)   The Chief of the Fire Department shall be appointed by the Town Manager who shall have the right to demote, dismiss, or discharge the Chief, or if the Chief’s position is open, the Assistant Chief subject to the Chief’s right to appeal to the Council.
   (B)   The Assistant Chief has the right to appeal directly to the Council only if he or she is serving as the acting Chief, otherwise the Assistant Chief would file an appeal of any such decision by the Fire Chief with the Town Manager.
   (C)   Both the Chief and the Assistant Chief positions are “exempt” salaried positions.
(1989 Code, § 4-2-3) (Ord. 2001-08, passed 10-11-2001)
§ 33.23 POWERS AND DUTIES OF CHIEF.
   It shall be the duty of the Chief to:
   (A)   Be accountable to the Manager for the personnel, morale, and general efficiency of the Fire Department;
   (B)   Direct the operations of the Fire Department subject to the rules and regulations thereof;
   (C)   Be present at all fires, if possible, and plan and direct the extinguishment thereof. During the progress of a fire, the authority of the Fire Chief shall be absolute in all matters directly concerning the extinguishment of the fire and the disposition of property endangered by it;
   (D)   Conduct suitable drills or instruction in the operation and handling of equipment, first aid and rescue work, salvage, a study of buildings in the town, water supplies, and all other matters generally considered essential to good firemanship and safety of life and property from fire;
   (E)   Assist the proper authorities in suppressing the crime of arson by investigating or causing to be investigated the cause, origin, and circumstances of all fires;
   (F)   Inspect buildings and premises and serve written notice upon the owner or occupant to abate, within a specified time, any and all fire hazards that may be found. For the purpose of conducting such inspection, the Chief is hereby empowered to enter any and all buildings and premises within the town at any reasonable hour. Any person served with such written notice shall comply and notify the Chief of his or her compliance within a reasonable time;
   (G)   Keep complete records of all fires, inspections, apparatus and equipment, personnel, and other information about the work of the Department open to Council inspection and submit a complete monthly report of such information to the Town Manager;
   (H)   Make a complete annual report, in writing, to the Council at such time as may be specified by the Council, and such report shall include the information specified in division (G) above, together with comparative data for previous years and recommendations for improving the effectiveness of the Department;
   (I)   Enforce or cause to be enforced all ordinances, laws, and regulations of the town and state, insofar as they pertain to fire and safety; and
   (J)   Demote, dismiss, or expel any officer or member of the Department for neglect or refusal to perform departmental duties, subject to the right of any members so demoted, dismissed, or expelled to appeal pursuant to the town’s personnel rules and procedures.
(1989 Code, § 4-2-4) (Ord. 2001-08, passed 10-11-2001)
§ 33.24 APPOINTMENT AND DUTIES OF FIREFIGHTERS.
   Firefighters shall be appointed at such time and in such manner as the Fire Chief may deem necessary, subject to the approval of the Manager. Such appointees shall have telephones in their homes. The firefighters shall be subject to supervision by the Fire Chief or the Assistant Fire Chief.
(1989 Code, § 4-2-5) (Ord. 2001-08, passed 10-11-2001)
§ 33.25 ENTRY UPON ADJACENT PROPERTY.
   It is lawful for any firefighter acting under the direction of the Chief or another officer in command to enter upon the premises adjacent to or in the vicinity of any building or other property that is on fire, for the purpose of extinguishing such fire. No person shall hinder, resist, or obstruct any firefighter in the discharge of his or her duty as provided in this subchapter.
(1989 Code, § 4-2-6) Penalty, see § 10.99
§ 33.26 EQUIPMENT.
   (A)   The Department shall be equipped with such equipment, acquired or leased by the town, as may be required from time to time to maintain its efficiency and properly protect life and property from fire. Recommendations concerning apparatus and equipment needed shall be made by the Chief, and, after approval by the Council, such apparatus and equipment shall be purchased in such manner as may be designated by the Council. All equipment of the Department shall be safely and conveniently housed in such places as may be designated by the Council.
   (B)   No person shall use any fire apparatus or equipment for any private purpose, nor shall any person willfully take away or conceal any article used in any way by the Department. No person shall enter any place where the fire apparatus is housed or handle any apparatus or equipment belonging to the Department unless accompanied by, or having special permission of, an officer or authorized member of the Department. No fire apparatus or equipment shall be hired out or permitted to leave the fire station except in response to a call for aid at a fire within the corporate limits of the town or in response to a call for aid at a fire in an area authorized for fire protection service or mutual aid under provisions of § 33.27.
(1989 Code, § 4-2-7) Penalty, see § 10.99
§ 33.27 PROVIDING FIRE PROTECTION.
   The Council may enter into agreements or contracts to furnish fire protection inside or outside the town or enter into mutual aid agreements, and the Fire Department is authorized to render firefighting service pursuant to the terms of such agreements or contracts.
(1989 Code, § 4-2-8)
§ 33.28 ACKNOWLEDGMENT OF RIGHT-OF-WAY.
   Each member of the Department who drives a private motor vehicle shall be issued suitable insignia which may be attached to such motor vehicle. All motor equipment of the Department shall have right-of-way over all other traffic when responding to an alarm. No unauthorized vehicle shall follow within 500 feet of any apparatus belonging to the Department, nor park any vehicle or otherwise cause any obstruction to be placed within 20 feet of the entrance to any fire station or other place where fire apparatus is stored or within 15 feet of any fire hydrant. No person shall drive any vehicle over fire hose except upon specific orders from the Chief or other officer in charge where the hose is used.
(1989 Code, § 4-2-9) Penalty, see § 10.99
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