TITLE 4
PUBLIC HEALTH AND SAFETY
CHAPTER 1
FIRE DEPARTMENT
SECTION:
4-1-1: Creation
4-1-2: Appointment Of Fire Chief
4-1-3: Powers And Duties Of Fire Chief
4-1-4: Appointment, Conduct And Removal
4-1-5: Compensation
4-1-6: Responsibilities, Rights And Restrictions
4-1-7: Cost Recovery For Hazardous Materials Emergencies
4-1-1: CREATION:
For the purpose of preventing and extinguishing fires and to protect life and property within the city, there is hereby created a department to be known as the Sunset City fire department. The city shall own, equip and maintain such firefighting equipment and lifesaving equipment as the city council deems necessary and adequate and within the financial ability of the city so to provide. (1989 Code § 12-1-1, 11-20-1990)
4-1-2: APPOINTMENT OF FIRE CHIEF:
There shall be appointed by the mayor, with the approval of the city council, a chief of the fire department who shall be selected and appointed on the basis of his qualifications and experience in the field of firefighting direction and the supervision of personnel and firefighting equipment. (1989 Code § 12-1-2, 11-20-1990; amd. 1997 Code)
4-1-3: POWERS AND DUTIES OF FIRE CHIEF:
The fire chief shall be responsible and have under his direction, control and supervision the continual maintenance and operation of all fire department equipment. He shall have the duty of directing the fire department personnel in the extinguishing of fires and protection of life and property within the city and elsewhere when so authorized. He may divide the city into fire districts and make such rules and regulations, subject to the approval of the city council, for the government of all officers and members of the department as he may deem expedient. He may make suitable regulations under which the officers and members of the department shall be required to wear an appropriate uniform or badge, by which, in case of fire and at other times, their authority and position in the fire department may be known. The chief shall have sole and entire command over all officers and members of the department at fires. He shall adopt such measures as he shall deem expedient for the extinguishment of fires, the protection of property, the preservation of order, the observance of the laws of the state and the duties required of him by law and the ordinances of the city. It shall be the duty of the chief of the fire department to examine the condition of all houses and to inspect engines, hoses and hook and ladder equipment of the city fire department, and to ensure said equipment is in proper working order. (1989 Code § 12-1-3, 11-20-1990; amd. 1997 Code)
4-1-4: APPOINTMENT, CONDUCT AND REMOVAL:
This department shall consist of sufficient officers and members necessary to operate available fire equipment as determined by the fire chief. Appointment, conduct and removal of officers and members shall be in accordance with the constitution, state law, ordinances of the city and the rules and regulations of the fire department now in existence and as hereafter amended, with the approval of the mayor and city council. (1989 Code § 12-1-4, 11-20-1990; amd. 1997 Code)
4-1-5: COMPENSATION:
The salary of the chief of the fire department and the members of the fire department shall be fixed by resolution of the city council from time to time, and shall be paid from the funds of the city upon warrants drawn upon the city. (1989 Code § 12-1-5, 11-20-1990)
4-1-6: RESPONSIBILITIES, RIGHTS AND RESTRICTIONS:
   A.   Apparatus: All engines, hoses and other fire equipment shall be kept at such place or places as the city council shall provide and designate, and shall be kept in proper condition for immediate use. (1989 Code § 12-1-6, 11-20-1990)
   B.   Right To Enter Upon Premises: The fire chief, and any of his assistants or firefighters shall, at any time, have the right to enter upon any premises for the purpose of investigating, extinguishing or controlling fires, and they may at any reasonable hour enter any premises for the purpose of inspecting the same. (1989 Code § 12-1-10, 11-20-1990)
   C.   Right Of Way: It is hereby provided that emergency vehicles of the city shall have the right of way over all other vehicles of every kind in the city and it shall be unlawful for the owner or operator of any vehicle to drive or operate the same ahead of emergency vehicles at a distance less than one hundred feet (100') or to follow the same at a distance closer than one hundred feet (100'). (1989 Code § 12-1-7, 11-20-1990; amd. 1997 Code)
   D.   Removal Of Obstructions: The chief of the fire department may order the removal or destruction of any fence, building or structure, when it may be deemed necessary for the purpose of checking the progress of a fire. All persons present at any fire shall be subject to the orders of the officer in charge. (1989 Code § 12-1-8, 11-20-1990)
   E.   Investigation After Fire: The fire chief, or in his absence, his assistants in charge of the fire shall, after its extinguishment, make a prompt and thorough investigation of the cause of the fire, the time of breaking out, the amount of loss and insurance, a description of the affected buildings and premises, and shall secure all other useful information and data available, and record the same in a record book kept for that purpose in the office of the department and shall report the same to the city council at such times as it may direct. (1989 Code § 12-1-9, 11-20-1990)
4-1-7: COST RECOVERY FOR HAZARDOUS MATERIALS EMERGENCIES:
   A.   Purpose: This section shall provide procedures for recovering costs incurred by the city for city assistance in hazardous materials emergencies pursuant to title 53, chapter 2, section 105(3) of the Utah Code Annotated (1953). (Ord. 2002-02, 1-15-2002)
   B.   Definitions:
   AGGRAVATED FIRE EMERGENCY:
      1.    A fire proximately caused by the owner or occupier of the property or a structure, which presents a direct and immediate threat to public safety and requires immediate action to mitigate the threat and the fire.
           a. Is caused or contributed to by the failure to comply with an order from state, county or local agency, department or official; or
           b. Occurs as a direct result of a deliberate act in violation of state law or the ordinance or regulations of the county or other local agency.
      2.   A fire that constitutes arson or reckless burning as defined by the Utah code.
   EXPENSES: The actual labor costs of government and volunteer personnel, including workers' compensation benefits, fringe benefits, administrative overhead, costs of equipment, costs of equipment operation, costs of materials, costs of disposal and the cost of any contract labor and materials as outlined in the standard table of costs approved by the Fire Officers Association.
   HAZARDOUS MATERIALS EMERGENCY: A sudden and unexpected release of any substance that, because of its quantity, concentration or physical, chemical or infectious characteristics, presents a direct and immediate threat to public safety or the environment, and requires immediate action to mitigate the threat. Ord. 2002-02, 1-15-2002; amd. Ord. 2010-07, 6-15-2010)
   C.   Recovery Authorization And Procedure: The city is empowered to recover, from any person, corporation, partnership or other individual or entity whose negligent or intentional actions cause the hazardous material emergency, expenses incurred by city agencies directly associated with a response to a hazardous materials emergency pursuant to the following procedure:
      1.   The city shall determine responsibility for the emergency and notify the responsible party by mail of the city's determination of responsibility and the costs to be recovered.
      2.   The notice shall specify that the party determined responsible may appeal the city's decision before a hearing officer designated by the mayor and establish a date by which the notice of appeal shall be filed. The appeal date shall be no less than fifteen (15) days from the date of the notice.
      3.   In the event the party determined responsible appeals the determination, the hearing officer shall hold a public hearing to consider any issues raised by the appeal, at which hearing the appealing party and the city shall be entitled to present evidence in support of their respective positions.
      4.   The hearing officer shall, after the hearing, make a recommendation to the mayor, who shall issue a decision assessing responsibility and costs.
   D.   No Admission Of Liability: The payment of expenses determined owing under this chapter does not constitute an admission of liability or negligence in any legal action for damages.
   E.   Action To Recover Costs: In the event parties determined to be responsible for the repayment of hazardous material emergency costs fail to make payment to the city within thirty (30) days after a determination of any appeal by the mayor or thirty (30) days from the deadline for appeal in the event no appeal is filed, the city may initiate legal action to recover from the parties determined responsible the costs determined to be owing, including the city's reasonable attorney fees. (Ord. 2002-02, 1-15-2002)