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§ 95.040 CONFLICT OF LAW.
   (A)   Whenever any provision of the Fire Prevention Code is in conflict with any other provision of this city code or other ordinance of the city, the more stringent provision shall prevail.
   (B)   Whenever any provision of the Fire Prevention Code is in conflict with any provision of state law or of any rule or regulation promulgated pursuant to state law, the more stringent provision shall prevail, unless otherwise provided by state law or by rule or regulation promulgated pursuant thereto.
(Prior Code, § 11-30)
§ 95.041 UPDATING PROVISIONS.
   (A)   As amendments to the 2020 edition, and as new editions, of the Fire Prevention Code are published from time to time by the American Insurance Association, it shall be the duty of the Fire Chief to file a copy of each thereof in the office of the City Clerk and to notify the Common Council of such filing and his or her recommendations, if any, as to such changes therein as he or she may deem advisable in the interest of the city.
   (B)   Upon the adjournment of the second regular meeting of the Common Council following each such filing and notice by the Fire Chief, the amendments or new editions so filed by him or her and mentioned in his or her notice to the Common Council shall be deemed to have been adopted by the Common Council for incorporation in this subchapter as a part thereof, unless provided otherwise by the Common Council prior to adjournment of such second regular meeting; and such amendments or new editions shall become effective when the copies thereof in the office of the City Clerk have been certified by the Mayor in compliance with the requirements of W. Va. Code 8-11-4(b).
(Prior Code, § 11-31) (Ord. passed 7-28-2021)
§ 95.042 ADDITIONAL RULES AND REGULATIONS.
   These rules and regulations are in addition to those as set forth in this chapter and state civil service laws for municipal paid firefighters, W. Va. Code 8-15-11 to 8-15-27 inclusive.
   (A)   The Fire Chief shall have the authority to temporarily suspend from duty any paid member or members of the Department for willful violation or disregard of rules, regulations, or orders and shall as soon as practicable report such suspension together with a full and complete written report of the circumstances to the City Manager and the Firefighter’s Civil Service Commission.
   (B)   The Fire Chief shall promptly report to the City Manager the name and condition of any member of the Department who by reason of age, illness, dissipation, neglect, or any other cause does not or cannot fully or efficiently perform all of the duties required of such member.
   (C)   The Fire Chief may, at his or her discretion, call a meeting of the paid members of the Fire Department, and all personnel shall be present unless individually excused. Meetings should be scheduled so as not to conflict with personnel on vacation or sick leave. Off-duty personnel called back for such meetings will be paid for their time at these meetings, however, pay will not exceed two hours per meeting. Written notice shall be posted one week in advance of said meetings, at the Fire Department.
   (D)   The Fire Chief may rotate the assignment of paid members of the Fire Department should it become necessary to do so in the interest of efficiency of operation or for the convenience of the public.
   (E)   Fire Department members shall use city facilities and equipment, including heat, light, telephone, stationery, and other similar commodities with due regard to economy and efficiency.
   (F)   No paid member of the Fire Department, while on duty, shall partake of intoxicating liquors or drugs, including so-called non-intoxicating beer.
   (G)   (1)   All paid members of the Fire Department shall be required to give satisfactory proof of their fitness or perform the duties to which they are assigned, and to that end, shall be required to submit to a complete physical examination annually, during the period of July 1 through July 31.
      (2)   An annual medical and physical examination of each paid member of the Fire Department shall be made by a local physician of the City Manager’s choice in conformity with the requirements and standards as established by the City Manager and the Firefighter’s Civil Service Commission. This examination shall be conducted to determine whether medical attention is needed by any of the members and to determine the general state of health and fitness of such member to perform their assigned duties. Such examination shall include an electrocardiogram. This physical examination shall be conducted at no expense to the paid members of the Fire Department. Such expense will be paid by the city.
      (3)   Failure by any paid member of the Fire Department to comply with the provisions of divisions (G)(1) and (G)(2) above by no later than August 15 of each year shall be cause for disciplinary action and will subject member to suspension, removal, or discharge, as the case may require.
   (H)   (1)   Nothing contained in these rules and regulations shall be construed to conflict with the city code, the state code, or the Constitution of the United States.
      (2)   Nothing contained in these rules and regulations shall be construed to limit the power and authority granted the Fire Chief by the laws and ordinances of the city, state, and the United States of America in the operation of the Fire Department and of extinguishing any fire and taking the necessary precautions to prevent the spread thereof.
(Ord. passed 1-7-1975)
FIRE DEPARTMENT
§ 95.055 PROPERTY, PERSONNEL, AND ORGANIZATION GENERALLY.
   The Fire Department shall have such property, equipment, and apparatus, and such regular or volunteer or regular and volunteer personnel, holding such ranks, as may from time to time be authorized by the Common Council. The organization and deployment of the Fire Department shall be as prescribed in the rules and regulations of the Department promulgated pursuant to this subchapter.
(Prior Code, § 11-32)
Statutory reference:
   As to authority to use fire equipment three miles beyond city limits, see W. Va. Code 8-15-3
   As to paid fire departments and civil service, see W. Va. Code 8-15-9 et seq.
   As to volunteer fire companies, see W. Va. Code 8-15-4 to 8-15-8
   Authority to provide for the prevention of fires, see W. Va. Code 8-15-1
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