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52

ARTICLE II. - FIRE DEPARTMENT

Part of the Code of Ordinances of Warwick, RI.

Local law · Updated July 8, 2025 · 2,073 sections

The text

Sec. 20-41. - Established; statutory authority.#

The council, acting by and under the provisions of a certain act passed by the general assembly at its January session, A.D. 1953, entitled "An act establishing a Bureau of Fire for the City of Warwick," hereby establishes a permanent fire department in accordance with the provisions and under the authority of such act.

(Code 1971, § 7-36)

Sec. 20-42. - Composition.#

The fire department shall consist of a chief of the fire department and such additional personnel of other ranks and grades as the board of public safety may from time to time determine.

(Code 1971, § 7-37; Ord. No. O-25-7, § I, 5-6-25)

Sec. 20-43. - Appointments of officers to be made from ranks of department.#

All future appointments of officers of the fire department, other than chief of the department shall be from within the ranks of such department.

(Code 1971, § 7-38; Ord. No. O-07-21, § I, 9-18-07)

Sec. 20-44. - Experience requirements for officers.#

The fire chief shall have at least ten years of experience in firefighting in any fire departments. Deputy chiefs shall have ten years of experience in the city fire department, and battalion chiefs shall have seven years of firefighting experience in the city fire department. This section is only applicable to initial appointments.

(Code 1971, § 7-39; Ord. No. O-07-22, § I, 9-18-07)

Sec. 20-45. - Duties of fire chief—Generally.#

There shall be one fire chief in the city, and he/she shall have charge of all firefighting activities.

(Code 1971, § 7-40)

Sec. 20-46. - Same—Enforcement of laws; management of personnel.#

The chief of the fire department shall enforce the laws of the state and the ordinances of the city as they pertain to the fire department and he/she shall exercise and perform the powers and duties by law imposed upon and required of the fire department and the fire chief in the several towns of the state. He/she shall be the executive officer of the fire department and he/she shall have direct control and management of all members and other personnel of the fire department in the lawful exercise of their duties, according to law.

(Code 1971, § 7-41)

State Law reference— Powers of fire companies, G.L. 1956, § 23-37-1 et seq.

Sec. 20-47. - Same—Records and reports.#

It shall be the duty of the chief of the fire department to keep accurate and complete records of all fires. He/she shall submit to the board of public safety a monthly report and an annual report of all transactions and activities of the fire department, including finance.

(Code 1971, § 7-42)

Sec. 20-48. - Same—Formulation of training program; filing of lists of qualifications for appointment.#

The chief of the fire department may formulate, under the direction of the board of public safety, a program of training and may incur such expenses within the appropriation therefor. He/she shall keep on file printed lists of the qualifications necessary for appointment to the department, for the use of all applicants for training for appointment to the force.

(Code 1971, § 7-43)

Sec. 20-49. - Appointment of members generally.#

Each member of the fire department and all other personnel thereof shall be appointed by the board of public safety pursuant to law and ordinance with due consideration given to recommendation by the fire chief.

(Code 1971, § 7-44)

Sec. 20-50. - Age requirements for applicants.#

An applicant for a position in the fire department must be not less than 18 years of age or shall not have passed his/her 35 th birthday.

(Code 1971, § 7-45; Ord. No. O-25-7, § I, 5-6-25)

Editor's note— Ord. No. O-25-7, § I, adopted May 6, 2025, amended § 20-50 and in doing so changed the title of said section from "Age and residence requirements for appointees" to "Age requirements for applicants," as set out herein.

Sec. 20-51. - Mental and physical requirements for appointees.#

Before any applicant shall be appointed to a position in the fire department, he/she shall present qualifications through examination and a certificate from a physician appointed by the board of public safety that he/she is mentally and physically qualified.

(Code 1971, § 7-46)

Sec. 20-52. - Appointments to be by competitive examination.#

All appointments to the fire department, other than temporary appointments for a period not to exceed six months, whether they be officers, privates, or call persons, shall be by competitive examination.

(Code 1971, § 7-47)

Sec. 20-53. - Compensation of members; term of office.#

Permanent members of the fire department shall hold office at such compensation as the board of public safety shall fix until their position is vacated by reason of death, resignation, removal from the city, or inability to serve, or until they are reduced in rank or removed from office by such bureau.

(Code 1971, § 7-48)

Sec. 20-54. - Removal of members; reduction in rank.#

All members of the fire department, including the fire chief, shall be subject to reduction in rank or removal from office by the board of public safety at any regular or special meeting thereof, for misconduct, incapacity, infraction of the rules, neglect of duty or insubordination of such a character as such bureau may deem a disqualification for such office. All such reductions or removals shall be made by such board upon charges made in writing, a copy of which must be served upon such member so charged, at least five days before the date of hearing. Such hearing shall be held at the next regular or special meeting of such board, which meeting shall be held no later than 30 days after such reduction in rank or removal from office. Such member shall have the right to be represented by counsel.

(Code 1971, § 7-49)

State Law reference— Appeal from order of removal from fire department, G.L. 1956, § 45-20-1 et seq.

Sec. 20-55. - Suspension of members.#

The fire chief shall have the right to suspend any subordinate officers or members for cause, and any such suspended officer or member shall be entitled to a hearing before the bureau of fire as provided in section 20-54.

(Code 1971, § 7-50)

Sec. 20-56. - Uniforms.#

Every member of the permanent fire department while on duty shall wear a uniform which shall comply with the applicable rules and regulations. The fire chief may issue specific orders authorizing the performance of certain duties while not in uniform.

(Code 1971, § 7-51)

Sec. 20-57. - Badge.#

Each member and call person of the fire department shall wear a suitable badge to be furnished by the department.

(Code 1971, § 7-52)

Sec. 20-58. - Deputy chief of communications.#

The deputy chief of communications shall be under the supervision of the fire chief. The installation and maintenance of wires and equipment connected with the fire alarm system shall be under the supervision of the deputy chief of communications.

(Ord. No. O-25-7, § I, 5-6-25)

Editor's note— Ord. No. O-25-7, § I, adopted May 6, 2025, repealed the former § 20-58 and enacted a new § 20-58 as set out herein. The former § 20-58 pertained to superintendent of fire alarms and derived from Code 1971, § 7-53.

Sec. 20-59. - Status of firefighters injured or made ill by responding to duty call when off duty.#

Permanent firefighters on the city fire department who suffer injuries or contract sickness when they respond to alarms during their off-duty time shall be considered for the purposes of G.L. 1956, § 45-19-1, as amended, as acting in the performance of the duties for which they are regularly employed.

(Code 1971, § 7-54)

Sec. 20-60. - Health insurance coverage for retired firefighters.#

(a)

The city, under the authority granted to it by the provisions of G.L. 1956, § 45-2-11, as amended, and under every other power thereunto enabling, shall provide health care insurance coverage to all of the employees of the fire department of this city who are presently retired or who may hereafter become retired.

(b)

The city shall provide such coverage for those employees who retire from the department after July 1, 1983, for family or individual coverage as the employee may select.

(c)

The city's obligation to provide such coverage shall terminate at such time as such retiree attains the age which makes him/her eligible for Medicare coverage or at such time as the retiree or his/her spouse obtains equal or better medical insurance coverage.

(d)

A verification procedure shall be instituted whereby dual coverage can be verified. Any employee or retiree who fails to provide the necessary information is ineligible for family coverage. If said retiree or spouse, for any reason, loses his/her other available medical insurance coverage, said retiree may resume his/her coverage under the city plan.

(Code 1971, § 7-55; Ord. No. O-07-9, § I, 5-22-07)

Sec. 20-61. - Persons ineligible to serve.#

No person shall be appointed or serve as a member of the fire department who has been convicted of, found guilty of, pleaded guilty or nolo contendere to, or placed on a deferred or suspended sentence or on probation for any crime which involves moral turpitude or any felony.

(Code 1971, § 7-56)

Sec. 20-62. - Procurement of bail for firefighters in suits arising from official duties.#

The treasurer of the city shall secure a bail bond or shall provide bail for any member of the permanent fire department who is served with a writ of arrest in a civil suit, which suit arises while said firefighter is engaged in the performance of his/her official duties. The city treasurer shall have full right, power and authority to expend from city funds a sum sufficient to secure or provide said bail bond or bail.

(Code 1971, § 2-12)

Sec. 20-63. - Counsel for firefighters in suits arising from official duties.#

The city solicitor's department shall provide legal advice and representation to any member of the permanent fire department who is named as a defendant in a civil suit which suit arises while said firefighter is engaged in the performance of his/her official duties.

(Code 1971, § 2-13)

Sec. 20-64. - Lump sum death benefit for firefighters.#

(a)

If a member of the fire department of the city is killed or dies by reason of injuries received or sickness contracted while in the performance of his/her duty as such member, there shall be paid to the widow/widower, or, if no widow/widower survives, to the legal representatives of such member, a lump sum payment from the city in the amount of $5,000.00.

(b)

As used in this section, the term "member of the fire department" shall mean and include any chief or other member of the fire department of this city, regularly employed at a fixed salary or wage.

(c)

This section shall, after it takes effect as prescribed by law, operate retroactively to September 1, 1964, to include all cases covered by its provisions since that date.

(Code 1971, § 2-14)

State Law reference— Relief of injured and deceased firefighters, G.L. 1956, § 45-12-1 et seq.

Secs. 20-65—20-90. - Reserved.#