OFM - 04-42-12

Public Fire Safety Guidelines

Public Fire Safety Guidelines

Subject Coding

PFSG 04-42-12

Section

Optimizing Public Fire Protection

Date

March 2000

Subject
Sample By-law to Establish and Regulate
Community Fire Safety Officers or Team and to
Appoint Community Fire Safety Officers or Team

Page

Under Review

Purpose:

To assist council in the preparation of a by-law that will provide clear direction to a council that wants to establish a community fire safety team.

Introduction:

  • A community fire safety team(s) can be established in the municipality, or
  • A community fire safety officer can be appointed:
  • as a member of a community fire safety team,

or

  • individually by an appointment bylaw that sets

out the duties, responsibilities and reporting

procedures of the position.

This guideline provides information to council to assist them in determining the type and/or level or services to be provided.

Therefore it is not practical to draft a sample by-law that will be appropriate in every circumstance.

  • An analysis must be made to determine whether or not such a clause may be appropriate for the particular municipality.
  • Unless otherwise noted in the right margin, the clause, or equivalent, is regarded as a necessary component of the by-law.
  • Any wording in the right hand column is for explanation only and is not intended to form part of the by-law.
  • In preparing such by-laws, consideration must be given to any collective agreements.
  • Draft by-laws should be reviewed by the municipal solicitor prior to enactment by council.

FPPA Requirements:

The Fire Protection and Prevention Act provides that:

2.(1) Every municipality shall,
(a) establish a program in the municipality that must include public education with respect to fire safety and certain components of fire prevention,
(b)provide such other fire protection services as it determines may be necessary in accordance with its needs and circumstances.

2.(2) In discharging its responsibilities under subsection (1), a municipality shall

(a) appoint a community fire safety officer or a community fire safety team;
(b) establish a fire department.

2.(4) two or more municipalities may appoint a community fire safety officer or a community fire safety team or establish a fire department for the purpose of providing fire protection services in those municipalities.

MUNICIPALITY BY-LAW #

Appropriate definitions should be included to mitigate potential misunderstandings.

Being a Bylaw to (Establish and/or Continue) a Community Fire Safety Team

Whereas the Fire Protection and Prevention Act 1997 provides that the Council may establish a community fire safety team

Therefore, the council of the Corporation of the_____of_______enacts as follows:

  1. In this by-law, unless the context otherwise requires,

"community fire safety officer" means a community fire safety officer appointed under clause 2 (2) (a) or subsection 2 (4) or by an agreement under clause 3 (2) (a) of the Fire Protection & Prevention Act;

"community fire safety team" means a appointed under clause 2 (2) (a) or subsection 2 (4) or by an agreement under clause 3 (2) (a); of the Fire Protection & Prevention Act;

"council" means the council of the municipality;

"fire code" means the fire code established under Part IV; of the Fire Protection & Prevention Act;

"Fire Marshal" means the Fire Marshal appointed under subsection 8 (1) ; of the Fire Protection & Prevention Act;

"municipality" means a locality, the inhabitants of which are incorporated;

Insert name of municipality and actual name of community fire safety team

  1. (a) A community fire safety team for the______of _______ to be known as the______is hereby established.

Insert name of position that is head of the team (i.e. community fire safety officer).
Insert name of position the head of the team reports to (i.e. council, C.A.O., clerk, other).

(b) The head of the safety team shall be known as:  ; and is directly responsible to and reports to

(c) The (goals/mission statement) of the community fire safety team shall be as those contained in Appendix "A" of this by-law.

OPTIONAL

-- indicate if either or both are provided. Organization Chart indicates reporting structure.

(d) The community fire safety team shall be organized as per Table 1 forming part of this by-law.

  1. In addition to the head of the community fire safety team, the personnel of the team shall consist of such number of members as from time to time may be deemed necessary by council.

  1. (a) The head of the community fire safety team may recommend the appointment of any qualified person as a member of the team.

Insert the time required for assessment and suitability of new members.

(b) A person appointed as a member of the community fire safety team shall be on probation for a period of___________during which period the probationary member shall take such special training and examinations as may be required.

  1. Members of the community fire safety team may be reprimanded, suspended, or dismissed for non-compliance with any provisions of this by-law or general orders and community fire safety team rules, that would be detrimental to the discipline and efficiency of the team.6. Any remuneration for members of the community fire safety team shall be as determined by council.7. The head of the community fire safety team:

(a) shall adhere to such written standard operating guidelines, general orders and community fire safety team rules as may be provided,
(b) shall review periodically the policies and procedures of the community fire safety team,
(i) shall take all proper measures for the prevention of fires and for the protection of life and property,
(ii) shall enforce municipal by-laws respecting fire prevention, and
(iii) shall adhere to the provisions of the Fire Protection and Prevention Act.

  1. The head of the community fire safety team is responsible for ensuring that the following duties are carried out:

(a) the assigned duties and activities of the approved fire prevention, fire safety and public education policy,
(b) the duties and responsibilities of an Assistant to the Fire Marshal, if so appointed by the Fire Marshal,
(c) other duties and tasks as assigned.

  1. This by-law comes into effect the day it is passed by council. Passed this_____day of _____ ,19 ________   

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 http://www.mcscs.jus.gov.on.ca/ . 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
01-02-01 Comprehensive Fire Safety Effectiveness Model Considerations
04-01-12 &
04-02-01 Service Delivery Considerations
04-61-12 Fire Administration (Human Resources Practices)