OFM - 01-03-12

Sample Establishing and Regulating By-law

Public Fire Safety Guidelines

Subject Coding

PFSG 01-03-12

Section

General

Date

March 2000

Subject

Sample Establishing and Regulating By-law

Page

Under Review

Purpose:

To assist in the preparation of a by-law, which will provide clear and accurate policy direction reflecting how council wants their fire department services to function and operate.

Introduction:

A municipality has responsibility to determine the types and extent of fire protection services necessary to meet their specific needs and circumstances. It is not practical to produce a sample that identifies the needs of every municipality..

Development:

An analysis must be made to determine if each clause is appropriate for the particular municipality. Unless otherwise noted in the margin, the OFM regards each clause as a necessary component for a complete by-law.
In preparing by-laws, consideration must be given to the provisions of any collective agreement formulated under the Fire Protection and Prevention Act that supersedes establishing and regulating by-laws.
The municipal solicitor, prior to enactment, should review any draft by-laws prepared by council.
 

Related Functions:

The primary issues addressed in an establishing and regulating by-law may include policy direction in these areas:

• general functions and services to be provided

• the goals and objectives of the department

• general responsibilities of members

• method of appointment to the department

• method of regulating the conduct of members

• procedures for termination from the department

• authority to proceed beyond established response areas

• authority to effect necessary department operations
 

Codes, Standards and Best Practices:

Codes, Standards, and Best Practices resources available to assist in establishing local policy on this assessment are listed below. All are available at www.ontario.ca/firemarshal Please feel free to copy and distribute this document. We ask that the document not be altered in any way, that the Office of the Fire Marshal be credited and that the documents be used for non-commercial purposes only.
See also PFSG
02-02-12
Fire Risk Assessment
02-03-01
Economic Circumstances
04-01-12
Selecting a Fire Suppression Capability
04-02-01
Service Delivery Considerations

 

fire department
SAMPLE ESTABLISHING AND REGULATING BY-LAW

corporation
of the Town of Anywhere
By-Law No.

Whereas the Municipal Act, R.S.O. 1990 c., as amended, and the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4 as amended, permits the council to enact a by-law to establish and regulate a fire department;
BE IT THEREFORE ENACTED by the Municipal council of the corporation of the Town of Anywhere, as follows:

  1. In this by-law, unless the context otherwise requires,
  1. approved
    means approved by the council
  2. chief administrative officer
    means the person appointed by council to act as chief administrative officer for the corporation
  3. corporation
    means the Corporation of the Town of Anywhere
  4. council
    means the council of the Town of Anywhere
  5. deputy chief
    means the person appointed by council to act on behalf of the fire chief of the fire department in the case of an absence or a vacancy in the office of fire chief
  6. fire chief
    means the person appointed by council to act as fire chief for the corporation and is ultimately responsible to council as defined in the Fire Protection and Prevention Act
  7. fire department
    means the Town of Anywhere fire department
  8. fire protection services
    includes fire suppression, fire prevention, fire safety education, communication, training of persons involved in the provision of fire protection services, rescue and emergency services and the delivery of all those services
  9. member
    means any persons employed in, or appointed to, a fire department and assigned to undertake fire protection services, and includes officers, full time, part time and volunteer firefighters
  10. volunteer firefighter
    means a firefighter who provides fire protection services either voluntarily or for a nominal consideration, honorarium, training or activity allowance
  1. A fire department for the Town of Anywhere to be known as the Town of Anywhere Fire Department is hereby established and the head of the fire department shall be known as the fire chief.

Definitions: define any terms or positions which may be of concern to users of the by law

  1. The fire department shall be structured in conformance with the approved Organizational Chart, Appendix A, forming part of this by law.

Approved Organizational Chart

  1. In addition to the fire chief, the council shall appoint a deputy chief and such number of other officers and members as may be deemed necessary by the council

Identifies appointment of other officers and members without listing all specifically

  1. The fire chief may recommend to the council the appointment of any qualified person as a member of the fire department, subject to the approved hiring policies of the Town of Anywhere

Appointment via approved Hiring Policy

  1. Persons appointed as members of the fire department to provide fire protection services shall be on probation for a period of 12 months, during which period they shall take such special training and examination as may be required by the fire chief.

Probationary Members

  1. If a probationary member appointed to provide fire protection services fails any such examinations, the fire chief may recommend to the council that he/she be dismissed.

 

  1. The remuneration of the volunteer members shall be as determined by the council.

Remuneration and working conditions

  1. Working conditions and remuneration for all firefighters defined in Part IX of the Fire Protection and Prevention Act shall be determined by council in accordance with the provisions of Part IX of the Fire Protection and Prevention Act.

 

  1. If a medical examiner finds a member is physically unfit to perform assigned duties and such condition is attributed to, and a result of employment in the fire department, council may assign the member to another position in the fire department or may retire him/her. council may provide retirement allowances to members, subject to the Municipal Act.

Other employment, retirement options and/or allowances

  1. The fire chief is ultimately responsible to council, through the (insert appropriate position for the municipality) for proper administration and operation of the fire department including the delivery of fire protection services.

Chief ultimately responsible to council through FPPA (via chief administrative officer, clerk, fire committee or specify appropriate position)

  1. The fire chief shall implement all approved policies and shall develop such standard operating procedures and guidelines, general orders and departmental rules as necessary to implement the approved policies and to ensure the appropriate care and protection of all fire department personnel and fire department equipment.

Developing SOP's, guidelines, rules and regulations

  1. The fire chief shall review periodically all policies, orders, rules and operating procedures of the fire department and may establish an advisory committee consisting of such members of the fire department as the fire chief may determine from time to time to assist in these duties.

 Advisory Committee

  1. The fire chief shall submit to the (insert appropriate position) and council for approval, the annual budget estimates for the fire department; an annual report and any other specific reports requested by the (insert appropriate position) or council.

 Budgets and reports

  1. Each division of the fire department is the responsibility of the fire chief and is under the direction of the fire chief or a member designated by the fire chief. Designated members shall report to the fire chief on divisions and activities under their supervision and shall carry out all orders of the fire chief.

 Divisional responsibilities designated by chief

  1. Where the fire chief designates a member to act in the place of an officer in the fire department, such member, when so acting, has all of the powers and shall perform all duties of the officer replaced.

 

  1. The fire chief may reprimand, suspend or recommend dismissal of any member for infraction of any provisions of this by law, policies, general orders and departmental rules that, in the opinion of the fire chief, would be detrimental to discipline or the efficiency of the fire department.

 Discipline

  1. Following the suspension of a member, the fire chief shall immediately report, in writing, the suspension and recommendation to the (insert as appropriate) and council.

Suspension of members

  1. The procedures for termination of employment prescribed in Part IX of the Fire Protection and Prevention Act shall apply to all firefighters defined in Part IX of the Fire Protection and Prevention Act.

Termination procedures

  1. A volunteer firefighter shall not be dismissed without the opportunity for a review of termination, if he/she makes a written request for such a review within seven working days after receiving notification of the proposed dismissal. A person appointed by the municipality, who is not employed in the fire department, shall conduct the review.

 Provides volunteers with the same opportunity for review as full-time members

  1. The fire chief shall take all proper measures for the prevention, control and extinguishment of fires and the protection of life and property and shall exercise all powers mandated by the Fire Protection and Prevention Act, and the fire chief shall be empowered to authorize:

 Prevention, control and extinguishing fires

  1. pulling down or demolishing any building or structure to prevent the spread of fire

 Pulling down structures

  1. all necessary actions which may include boarding up or barricading of buildings or property to guard against fire or other danger, risk or accident, when unable to contact the property owner

Boarding up or barricading

  1. recovery of expenses incurred by such necessary actions for the corporation in the manner provided through the Municipal Act and the Fire Protection and Prevention Act

Recovery of expenses

  1. The fire department shall not respond to a call with respect to a fire or emergency outside the limits of the municipality except with respect to a fire or emergency:

 

  1. that, in the opinion of the fire chief or designate of the fire department, threatens property in the municipality or property situated outside the municipality that is owned or occupied by the municipality

Authority to leave municipal limits

  1. in a municipality with which an approved agreement has been entered into to provide fire protection services which may include automatic aid

 

  1. on property with which an approved agreement has been entered into with any person or corporation to provide fire protection services

 

  1. at the discretion of the fire chief, to a municipality authorized to participate in any county, district or regional mutual aid plan established by a fire co-ordinator appointed by the fire marshal or any other similar reciprocal plan or program

 

  1. on property beyond the municipal boundary where the fire chief or designate determines immediate action is necessary to preserve life or property and the appropriate department is notified to respond and assume command or establish alternative measures, acceptable to the fire chief or designate

 

AN APPROVED ORGANIZATIONAL CHART FORMS PART of THIS BY LAW AS Appendix A

Goals and objectives of the fire department may also be added as an appendix to the By-law

This by-law comes into effect the day it is passed by council, in the manner appropriate to the municipality.