TITLE 4
PUBLIC HEALTH AND SAFETY
PUBLIC HEALTH AND SAFETY
CHAPTER 1
FIRE DEPARTMENT
FIRE DEPARTMENT
SECTION:
4-1-1: Composition
4-1-2: Nomination And Appointment
4-1-3: Fire Chief, Powers And Duties
4-1-4: Assistant Chief
4-1-5: Qualifications Of Firefighters
4-1-6: Physical Examination
4-1-7: Command At Fires
4-1-8: Command Assumed By First Member Of Department On Scene
4-1-9: Ordering Business Near Fire Closed
4-1-10: Preventive Inspections
4-1-11: Hazardous Obstructions
4-1-12: Interfering With Or Obstructing Fire Personnel
4-1-13: Fire Limits; Regulation Of Structures And Buildings
4-1-13-1: Fire Limits Described
4-1-13-2: Construction Specifications
4-1-13-3: Foundation; Sewers; Chimneys
4-1-13-4: Stovepipes
4-1-13-5: Application For Permit; Committee
4-1-13-6: Authority To Prohibit Construction
4-1-14: Penalty
A. Personnel: The Chief of the Fire Department shall have sole command and control over all persons connected with the Fire Department of the Town, and shall possess full power and authority over its organization, government, and discipline, and to that end may from time to time establish such disciplinary rules and regulations as he may deem advisable, subject to the approval of the Town Council.
B. Equipment: The Chief of the Fire Department shall have charge of and be responsible for the engines and other apparatus, the property of the Town furnished the Fire Department, and see that they are at all times ready for use in the extinguishing of fires. (1977 Code § 2.24.030)
In the absence of the Chief of the Fire Department, the assistant Chief of the Department shall exercise the functions and powers set forth in Section 4-1-3 of this Chapter. (1977 Code § 2.24.040)
The State determines that age is a valid, bona fide occupational qualification for the position of firefighter because of the rigorous physical demands of the firefighting profession and the expectation of many years of emergency service. The qualifications of firefighters shall be that they:
A. Shall not be more than thirty four (34) years of age at the time of original appointment; and
B. Shall have passed a physical examination by a practicing physician duly authorized to practice in this State. (2000 Code)
The examination required by Montana Code Annotated section 7-33-4107(2) shall be in writing and filed with the Town Clerk/ Treasurer. Such examination shall disclose the ability of such applicant to perform the physical work usually required of firefighters in the performance of their duty. (2000 Code)
The Chief of the Fire Department shall have sole and absolute control and command over all other members of the Fire Department and all other persons present at fires, and the movement of all persons or property within the streets in any area threatened by fire. (1977 Code § 2.24.050)
The Chief of the Fire Department shall have power, during any fire, and while the Fire Department is engaged in putting out any fire or caring for property at any fire, to order any place of business in the vicinity of such fire closed for such length of time as he determines necessary for the safety and preservation of life and property. (1977 Code § 2.24.080; amd. 2000 Code)
It shall be the duty of the Chief of the Fire Department to inspect or cause to be inspected, as often as may be necessary, all buildings, premises and thoroughfares in the Town, except the interior of private dwellings, for the purpose of ascertaining and causing to be corrected, any conditions liable to cause fires, or any violations of the provisions of this Code or other ordinance of the Town affecting fire hazards. (1977 Code § 2.24.090)
A. Order To Remove Or Remedy: Whenever the Chief of the Fire Department, or any officer of the Town or fireman shall find obstructions to or on fire escapes, stairs, passageways, doors, windows, etc., liable to interfere with the operations of the Fire Department or egress of the occupants in case of fire, he shall order the same to be removed or remedied. (1977 Code § 2.24.100)
B. Compliance Required: Orders issued under authority of subsection A of this Section shall be complied with promptly by the owner, his agent or occupant of the building or premises involved. (1977 Code § 2.24.110; amd. 2000 Code)
A. Exterior Walls: No person shall, within the fire limits, construct any building, other than one substantially fireproof; i.e., the exterior walls thereof shall be of stone, brick, or other material equally noncombustible. Provided, that any portion of any exterior wall built of wood and covered with iron, tin, or zinc shall not be deemed sufficient within the meaning of this Section 4-1-13. The roof of any building hereafter erected shall be of tin, iron, or other material equally noncombustible.
B. Outbuildings; Enlargement Of Existing Buildings: This Section 4-1-13 shall not be construed to apply to smaller outbuildings wherein fire is at no time kept; provided, that any such building shall not be closer to any other building than twenty five feet (25') or nearer to Railroad Avenue than fifty feet (50'); nor shall any person within said fire limits, enlarge or add to any building now standing within such limits, unless the material employed in said construction shall be of tin, iron, stone, brick, or other material equally noncombustible; nor remove any building, not substantially fireproof, from one lot to another within said limits.
C. Violation; Nuisance Declared: Any person, whether owner or lease contractor or laborer, who shall hereafter in violation of the provisions of this Section 4-1-13 erect, enlarge, or remove any such structure or roof or cause the same to be done by others, shall be fined as provided in Section 1-4-2 of this Code; and any such structure enlarged, or in anywise made in violation of this Section 4-1-13 is hereby declared to be a nuisance; and it shall be the duty of the Chief of Police to require the author of such nuisance to remove the same forthwith; and if he or she shall neglect or refuse to abate the same within twenty four (24) hours after notice, it shall be the duty of the Chief of Police to do so, and the costs thereof shall be charged to any may be recovered from the responsible party by suit in the name of the Town. (1977 Code § 2.24.132; amd. 2000 Code)
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