Chapter 12 - FIRE PREVENTION AND PROTECTION

Footnotes:

--- (1) --- Cross reference— Alarm systems, ch. 4; buildings and building regulations, ch. 9; hazardous waste management facilities, § 13-141 et seq.; false fire alarms, § 17-4.

State Law reference— Fire safety, G.L. 1956, § 23-28.1-1 et seq.; firefighters, G.L. 1956, § 45-18-1 et seq.

ARTICLE I. - IN GENERAL#

Secs. 12-1—12-30. - Reserved.#

ARTICLE II. - FIRE DEPARTMENT#

Footnotes:

--- (2) --- Charter reference— Fire department, § 802.

Cross reference— Officers and employees, § 2-61 et seq.

DIVISION 1. - GENERALLY#

Sec. 12-31. - Composition.#

The fire department of the town shall consist of the board of fire engineers, the Hydraulion Engine Company, the Ever-Ready Engine Company, the Dreadnaught Ladder Company, the Defiance Engine Company and the division of emergency medical services (rescue squad), with the necessary apparatus and associated equipment for the proper protection of the town in case of a fire, medical emergency, hazardous materials incident and manmade or natural disaster.

(Ord. No. 1996-19, § 8-1, 11-21-96)

Sec. 12-32. - Duties of the fire chief.#

(a)

All segments of the fire department shall be under the command and control of the fire chief, and he shall be respected and obeyed accordingly. The chief shall exercise careful supervision of the department seeing that all of the property of the town is kept in good repair and that the assigned apparatus is always ready to respond. All disputes and controversies arising in relation to any matter connected with the fire department, among any of its companies, officers or members, when participating in any fire department operation or function, shall be summarily decided by the fire chief or, in his absence, by the next ranking board member. The chief shall act as the fire marshal for the town and shall maintain such status with the office of state fire marshal.

(b)

The fire chief shall establish a chain of command within the framework of the department. As much as practicable, this chain of command will be utilized for all department operations as is appropriate to the incident command system and all orders issued by the chief shall be transmitted accordingly.

(c)

It shall be the duty of the fire chief to see that the provisions of this article and the policies and operational procedures of the board of fire engineers are strictly enforced and obeyed. It shall be the responsibility of the chief to have, at all times, an efficient and well disciplined department.

(d)

All purchases must be approved by the chief of the department in accordance with the town policy and procedure. The chief shall, at each monthly meeting of the board of fire engineers, present all bills drawn on department accounts for examination by the full board of fire engineers.

(Ord. No. 1996-19, § 8-3, 11-21-96)

Sec. 12-33. - Duties of the deputy and assistant chiefs.#

The fire chief shall promulgate the policies and procedures pertaining to the roles and responsibilities of the deputy and assistant chiefs. They shall transmit such orders designated by the chief and assist the chief in the discharge of his duties at all times. In the absence of the chief, they shall carry out his responsibilities according to their rank as a member of the board of fire engineers. The chief shall report any case of disobedience, disrespect, insubordination or improper conduct on the part of the deputy or assistant chiefs to the town council, who, after full consideration of the matter, may cause the removal of the officer.

(Ord. No. 1996-19, § 8-4, 11-21-96)

Sec. 12-34. - Janitors and first drivers.#

(a)

The custodians of buildings connected with the fire department may be elected by the companies occupying such buildings. The name of the prospective custodian shall be submitted to the board of fire engineers for final approval and custodians shall serve at the pleasure of the board of fire engineers. The board of fire engineers shall arrange in the rules and regulations for their duties and salaries, and if any company does not elect a custodian, one shall be appointed by the fire chief.

(b)

The first drivers of the apparatus connected with the fire department may be elected by the companies where the apparatus is assigned. The name of the prospective first driver shall be submitted to the board of fire engineers for final approval, and all first drivers shall serve at the pleasure of the board of fire engineers. The board of fire engineers shall arrange in the rules and regulations for their duties and salaries, and if a company does not elect a first driver, one shall be appointed by the fire chief.

(Ord. No. 1996-19, § 8-5, 11-21-96)

Sec. 12-35. - Fees and charges for fire department services.#

(a)

Recipients of any of the following services rendered or performed by the town fire department:

(1)

Automobile fire;

(2)

Motor vehicle collisions with fluid spills and/or extrication;

(3)

Marine fires and/or emergency services;

(4)

Hazardous material services; and

(5)

Other specialized emergency services.

(b)

All of the foregoing charges shall be due and payable to the town within 30 days after the date services are billed; and in default of payment, the charges shall be collectible as provided herein.

(c)

The following properties and services shall be exempt from the foregoing charges:

(1)

Fires involving federal, state, county, city or town, village and other governmental real estate and/or property.

(d)

The town, retains the authority and responsibility for billing and collecting charges may proceed in the district court or circuit court, if necessary, to collect any monies remaining unpaid an may pursue any and all other remedies provided by law for the collection of said charges.

(e)

When a particular service rendered by the town fire department directly benefits more than one person or property, the owner of each property so benefited and each person so benefited where property protection is involved shall be liable for the payment of the full charge for such services. The interpretation and application of this section is hereby delegated to the fire chief and his/her designees, and their decisions shall be final, subject only to appeal, within the time limits provided herein for payment, to the town and this section of the ordinance shall be administered so that the charges shall only be collected from persons and property who benefit from the service.

(f)

"Haz-mat team" means a technician level team with the associated equipment, training and medical compliance that meet the requirements as may be set forth in the regulations. This team may arrive and utilize one or several vehicles in the operation.

(g)

The fire chief is authorized pursuant to 42 United States Code 9607, § 107(A) to assess fees whenever the fire department responds to any location to mitigate the effects of a hazardous materials spill, release, or other incident. The fees for haz-mat team response, personnel, and equipment are provided in chapter 11-1, comprehensive schedule of fees.

(h)

Additional costs of haz-mat team response. The responsible party will also be billed for the following additional costs:

(1)

Medical observation and treatment. In the event that fire department personnel involved in the mitigation of a hazardous material incident should require medical evaluation and/or treatment, the costs for all such evaluation and/or treatment shall be included in the cost analysis of the incident and billed to the appropriate responsible party(ies).

(2)

Materials. All materials shall be replaced at the catalog price and billed to the responsible party(ies). It is the responsibility of the community in which the incident occurs to identify and bill the appropriate party(ies).

(Ord. No. 2008-21, 9-10-08; Ord. No. 2016-10, 7-8-16)

Secs. 12-36—12-55. - Reserved.#

DIVISION 2. - BOARD OF FIRE ENGINEERS#

Footnotes:

--- (3) --- Cross reference— Boards, commissions and committees, § 2-91 et seq.

Sec. 12-56. - Governing body of fire department; scope of authority; powers and duties.#

(a)

The board of fire engineers shall be the governing body of the town fire department. The board of fire engineers shall exercise full control of, and authority over, all town-owned property connected with the fire department. All companies and squads of the fire department, the assigned apparatus and membership shall be under the direction and control of the board of fire engineers. The board of fire engineers shall determine and assign the areas of the operational responsibility and authority of all company officers. All disputes arising in companies or between companies shall be referred to the board of fire engineers for resolution. If the board's decision is not satisfactory, the matter shall be referred to the town council, whose decision shall be final.

(b)

The members of the board of fire engineers shall have full power to suppress all tumults and disorders at emergency situations within their responsibility and shall be given assistance by the police department when so requested. The members of the board of fire engineers shall have full power to take whatever measures they deem necessary to mitigate emergency situations within their responsibility. The board of fire engineers may also command the assistance from the town's inhabitants, not members of the fire department, for the mitigation of an emergency situation and to hire assistance, if necessary, subject to the approval of the town administrator.

(c)

It shall be the duty of the board of fire engineers to take into consideration and report to the town council all matters relating to the fire department or to the property of the town connected therewith that may be called for or that may arise from time to time.

(Ord. No. 1996-19, § 8-2, 11-21-96)

Sec. 12-57. - Composition and election.#

(a)

The board of fire engineers shall consist of the chief, two deputy chiefs, three assistant chiefs, the captain of the rescue squad and the clerk of the board. Candidates to the board of fire engineers shall be elected annually to the board by the aforementioned companies. The names of those elected shall be forwarded to the chief of the department for presentation to the town council for appointment to the position of assistant chief with the exception of the rescue captain. One assistant chief shall be appointed to the position of deputy chief after selection in accordance with department policy.

(b)

The town council shall, annually, appoint members to the board of fire engineers. Such appointments shall consist of deputy chief and three assistant chiefs. Upon their appointment they shall be sworn in as town officers. The chief shall serve as chairman of the board and shall be appointed in accordance with section 802 of the town Charter. The captain of rescue shall serve on the board by virtue of his office.

(Ord. No. 1996-19, § 8-2.1, 11-21-96; Ord. No. 2023-17, 9-13-23)

Sec. 12-58. - Meetings, clerk and quorum.#

(a)

The board of fire engineers shall meet regularly, at least once per month, and conduct special meetings when it is deemed necessary at the call of the fire chief or at the request of the majority of the board. The chief shall preside at the meetings of the board or, in his absence, the next ranking officer.

(b)

The board of fire engineers shall elect a clerk at the annual meeting in April who shall keep all records pertaining to the board. Records of the board shall be subject to the inspection by members of the town council.

(c)

A majority of the officers of the board of fire engineers shall constitute a quorum for the transaction of business relating to the department.

(Ord. No. 1996-19, § 8-2.2, 11-21-96)

Sec. 12-59. - Policies and standard operating procedures.#

(a)

The board of fire engineers shall be required to create such policies and standard operating procedures as they deem necessary to afford a smooth operation of the fire department for all aspects of the fire department's responsibility. These policies and operating procedures shall be in compliance with local, state and federal laws, and recognized national standards, such as, the Insurance Services Organization (ISO) and the National Fire Protection Association (NFPA).

(b)

Policies and procedures promulgated by the board of fire engineers shall be adhered to by all companies and organizations within the department and all department members. They shall be forwarded to the town council and kept on file in the office of town clerk.

(Ord. No. 1996-19, § 8-2.3, 11-21-96)