AS AMENDED ON AUGUST 9, 2004

 

CITY OF SALISBURY

ORDINANCE NO. 1909

 

            AN ORDINANCE OF THE MAYOR AND THE COUNCIL OF THE CITY OF SALISBURY TO REPEAL EXISTING CHAPTER 2.16 OF THE CITY OF SALISBURY MUNICIPAL CODE RELATING TO THE FIRE DEPARTMENT, AND ENACTING A NEW CHAPTER 2.16 ADDRESSING THE ORGANIZATION OF THE FIRE DEPARTMENT; ITS GENERAL DUTIES AND RESPONSIBILITIES; THE DUTIES AND RESPONSIBILITIES OF THE FIRE CHIEF AND SUBORDINATE OFFICERS; THE REQUIREMENT THAT VOLUNTEER FIRE COMPANIES BE RECOGNIZED BY THE CITY AND THE ALLOWANCE TO RETAIN OR OBTAIN RECOGNITION FROM THE CITY, ESTABLISHING A MAXIMUM NUMBER OF ACTIVE  MEMBERS OF THE VOLUNTEER FIRE COMPANIES; SELECTION OF THE FIRE CHIEF, PROHIBITIONS AGAINST UNAUTHORIZED ENTRY INTO HAZARDOUS AREAS AT EMERGENCY INCIDENTS, OR THE HINDRANCE OF FIRE DEPARTMENT PERSONNEL IN THE PERFORMANCE OF THEIR DUTIES, AND THE TAMPERING WITH OR THE DAMAGING OF EQUIPMENT USED FOR EMERGENCY SERVICES; PROVISION FOR UNIFORMS AND EQUIPMENT IN THE FIRE DEPARTMENT’S ANNUAL OPERATING BUDGET, AND AUTHORITY FOR THE REMOVAL OF OBSTRUCTIONS NEAR FIRE HYDRANTS.

 

            BE IT ORDAINED, by the Council of the City of Salisbury, Maryland, that Chapter 2.16 “Fire Department” of the City of Salisbury Municipal Code is hereby repealed and Chapter 2.16 is replaced by the following:

 

FIRE DEPARTMENT

 

2.16.010 Definitions

 

            A.        “Emergency services” shall include those general duties and responsibilities of the Fire Department as set forth in Section 2.16.020.C.1 to 2.16.020.C.3.

 

            B.         “Career” officers or employees are those paid officers or employees as are provided for by the City Council pursuant to Article XVIII of the City Charter.

 

            C.        “Fire Department” shall mean the City of Salisbury Fire Department, as constituted under Section 2.16.020.A.

 

            D.        “Fire Chief” shall mean the Fire Chief appointed pursuant to Article XVIII, Section SC-18-1 of the City Charter.

 

            E.         “Firefighter” shall mean any person engaged in providing emergency services on behalf of the Fire Department.

 

            F.         “Volunteer Fire Company” shall mean a quasi-public non-profit corporation recognized by the City as a component of the Salisbury Fire Department.

 

            G.        “Tax funds” shall mean tax revenue paid by residents of the City of Salisbury and the Salisbury Fire District to federal, state, county and municipal governments.

 

2.16.020  Organization.

 

            A.        The Fire Department shall consist of:

 

                        1.         The Fire Chief.

                        2.         Career officers and employees.

3.         Such volunteer fire companies and volunteer firefighters as are recognized by the City from time to time, which as of the date of adoption of this legislation are:

                                   

                                                Salisbury Fire Department, Inc. - Station #16

                                                Salisbury Fire Department Inc., Company No. 1 - Station #1

                                                Salisbury Fire Company, No. 2, Inc. - Station #2

 

            B.         The Fire Department shall have a sufficient number of career and volunteer supervisory personnel to effectively and efficiently manage Fire Department personnel and operations, including:

           

                        1.         Fire Chief (career)

                        2.         Deputy Fire Chief of Operations (career)

                        3.         Deputy Fire Chief of Volunteer Services (volunteer)

                        4.         Assistant Fire Chief (career and volunteer)

                        5.         Fire Captain (career and volunteer)

                        6.         Fire Lieutenant (career and volunteer)

 

            C.        General duties and responsibilities of the Fire Department.

           

                        1.         The Fire Department shall respond to incidents including fires, explosions, rescues, extrications, medical emergencies, hazardous materials incidents, natural and technological disasters and other emergency events that are harmful to life, property and the environment.

 

                        2.         The Fire Department shall provide pre-hospital advanced life support emergency medical services.

 

                        3.         The Fire Department shall assist other city, county, state and federal agencies as necessary to control emergency situations and have such other powers and duties as required or provided by law or as assigned by the City Council.

 

                        4.         The Fire Department shall engage in programs of fire prevention.

 

                        5.         Such other duties as may be assigned to it by the City.

 

            D.        Fire Department service area.

 

                        1.         The Fire Department service area shall be known as the Salisbury Fire District.

 

                        2.         The Salisbury Fire District shall include:

 

                                    a.         All incorporated areas of the City of Salisbury.

                                    b.         All areas in Wicomico County outside of the corporate City limits but within the boundaries as identified by the City upon agreement with the County.

           

            E.         Mutual aid and assistance with other emergency services and public safety organizations.

           

                        1.         After approval by the City, the Fire Chief shall be authorized to enter into agreements that will permit the Fire Department to assist other agencies in the provision of emergency services.

 

                        2.         After approval by the City, the Fire Chief shall be authorized to enter into agreements that will permit the Fire Department to receive assistance from other agencies for the provision of emergency services.  If warranted by circumstances, the Fire Chief is authorized to recognize and to receive assistance from other agencies for the provision of emergency services.

 

                        3.         Any mutual aid assistance requiring financial contribution from the City or the Fire Department must be authorized by the City.

 

                        4.         Any emergency service or public safety organization with whom the City has a mutual aid agreement is recognized as an emergency service provider in the Salisbury Fire District according to the terms of the mutual aid agreement.

                        5.         Any non-profit or for-profit emergency service or public safety organization shall be permitted to transport equipment, personnel or members of the public within the City.

 

            F.         Duties and responsibilities of the Fire Chief.      

 

The Fire Chief shall have general command, control and supervision of all emergency services.  Without limiting the scope of the foregoing sentence, the Fire Chief shall:

           

                        1.         Ensure the efficient and effective response of adequate resources to incidents requiring emergency services in order to prevent the loss of life, destruction of property and damage to the environment.

 

                        2.         Control, maintain and operate all physical facilities, apparatus, equipment and personal property used by the Fire Department.

 

                        3.         Maintain accurate records for all aspects of the operation of the Fire Department.

 

                        4.         Provide periodic reports regarding the operation of the Fire Department to the Mayor, City Council and Executive Officer.

 

                        5.         Ensure that no Fire Department resources are used for the personal gain of individuals, or public or private corporations or other entities.

 

                        6.         Maintain communications with senior staff members to ensure that the Fire Chief is promptly notified of any department related matters that require his active presence or action thereon.

 

                        7.         Appoint or remove career and volunteer fire line officers.

 

                        8.         Direct the use or transfer of Fire Department vehicles, equipment or personal property within or outside of the Salisbury Fire District.

 

                        9.         Prepare a proposed budget and administer the Fire Department budget as adopted by the City.

 

                        10.       Approve the operational use of all firefighting and emergency medical services apparatus, vehicles, tools, and equipment.

 

                        11.       Attend, or appoint a designee to attend, the meetings of each volunteer fire company.

                        12.       Serve as liaison with Wicomico County and volunteer Fire Departments on operational issues.

 

                        13.       Be considered to be on duty at all times.

 

                        14.       Promulgate rules and regulations governing the operation of the Fire Department and its provision of emergency services.

 

            G.        Duties and responsibilities of the Deputy Fire Chief (career).

 

                        1.         The Deputy Fire Chief (career), or first in command after the Fire Chief, when on duty in the absence of the Fire Chief, shall assume all of the duties and responsibilities of the Fire Chief and for the time being shall possess all of the authority under the existing laws and regulations as have been laid down for the guidance and direction of the Fire Chief.  The Deputy Fire Chief shall assist the Fire Chief in the day to day operations of the Fire Department, and shall be subject to the direction and control of the Fire Chief.

 

            H.        Duties and responsibilities of the Deputy Fire Chief (volunteer).

 

                        1.         The Deputy Fire Chief (volunteer), or second in command after the Fire Chief and Deputy Fire Chief (career), when on duty in the absence of the Fire Chief and Deputy Fire Chief (career), shall assume all of the duties and responsibilities of the Fire Chief and for the time being shall possess all of the authority under the existing laws and regulations as have been laid down for the guidance and direction of the Fire Chief and Deputy Fire Chief (career).  The Deputy Fire Chief (volunteer) shall assist the Fire Chief and Deputy Fire Chief (career) in the day to day operations of the Fire Department, and shall be subject to the direction and control of the Fire Chief and Deputy Fire Chief (career).  Subject to the authority of the Fire Chief and the Deputy Fire Chief (career), the Deputy Fire Chief (volunteer) shall have primary responsibility for managing the volunteer component of the Fire Department.

 

            I.          Duties and responsibilities of other Fire Department officers (career and volunteer).

 

                        1.         In the absence of the Fire Chief, the Deputy Fire Chief (career) and the Deputy Fire Chief (volunteer), the duties and responsibilities of the Fire Chief for the time being shall be exercised by the assistant chiefs in order of seniority, as defined by regulation promulgated by the Fire Chief.

 

Each officer shall assist, and be subject to the direction and control of, the Fire Chief, Deputy Fire Chief (career), Deputy Fire Chief (volunteer), to enable each of such chiefs to successfully discharge their duties.

 

2.16.030 Career Personnel.

 

            A.        There shall be as many employees of the Fire Department as provided for in Article XVIII, SC18-1, SC18-2, and SC18-3, and Article III, SC3-4C of the Salisbury City Charter.  All employees shall be under the command and control of the Fire Chief.

 

            B.         All career employees shall be governed and disciplined in accordance with the City of Salisbury Employee Handbook, the City Fire Department Standing Operating Procedures and Guidelines and other applicable departmental rules and regulations or City of Salisbury policies and procedures.  If the departmental rules and regulations conflict with City personnel policy, the City personnel policy will control as to career employees.

 

2.16.040 Volunteer Fire Companies and Volunteer Personnel.

 

            A.        A volunteer fire company must be recognized by the City in order to be permitted to provide emergency services within the City of Salisbury and Salisbury Fire District.  To retain or obtain recognition by the City, a volunteer fire company and its members must:

 

                        1.         Comply with the City Charter, City Code, Fire Department rules and regulations, and all other applicable laws, rules and regulations.

 

                        2.         Operate under the authority and unified command of the Fire Chief.

 

                        3.         Receive approval of the Fire Chief to place any firefighting or emergency medical service apparatus, vehicles, tools or equipment in service for Fire Department operations.

 

                        4.         Receive training required by the Fire Chief.

 

                        5.         Not directly or indirectly purchase, alter, discard, dispose of, transfer or sell any vehicle, apparatus or equipment for or on behalf of a volunteer fire company, the Fire Department or the City of Salisbury without consultation with the Fire Chief.

 

                        6.         Not make any alterations to the Fire Department’s vehicles, apparatus, equipment, or physical facilities without the written approval of the Fire Chief.

 

            B.         To retain or obtain recognition, a volunteer fire company must:

 

                        1.         Be incorporated as a non-profit member corporation under the general laws of the State of Maryland, and provide the Fire Chief all bylaws and articles of incorporation.

 

                        2.         Provide that its members shall be selected in accordance with the qualifications, guidelines and procedures set forth in such company’s bylaws, which such bylaws will comply with the set of minimum standards for active membership selection as promulgated by the Fire Chief.

                        3.         Provide that all volunteer members shall be governed by and disciplined in accordance with the Fire Department Standard Operating Procedures and Guidelines and any other applicable laws, rules, regulations, policies or procedures.

 

                        4.         Have those corporate officers as it deems necessary for the effective management of its organization and adopt rules, regulations and bylaws as it may deem necessary to manage its corporate affairs; provided however, that the same do not conflict with any federal or state law, the Salisbury City Charter, this Code, any City policy or any Fire Department Standard Operating Procedure or Guideline.

 

                        5.         Provide the following categories for membership in the fire company:

 

                                                Cadet:              Any person between the ages of fifteen (15) and eighteen (18) years of age, who qualifies for, and is accepted into, membership into one of the volunteer fire companies, and maintains compliance with departmental rules and regulations for Cadet membership.

 

                                                Probation:         Any person at least eighteen (18) years of age who qualifies for, and is accepted into, membership in one of the department’s volunteer fire companies, and, who maintains compliance with departmental rules and regulations pertaining to members.

 

                                                Active:             Any person at least eighteen (18) years of age who has successfully completed initial training and medical physical requirements; and who maintains recurrent annual department training and medical physical requirements enabling them to qualify for participation in operational activities including emergency response.

 

                                                Lifetime:           Status bestowed or conferred upon any volunteer member who has completed twenty (20) years of active operational service.

 

                                                Honorary:         Any volunteer member or citizen who may have this status bestowed or conferred upon them by members of any of the volunteer fire companies.

 

Any lifetime or honorary member may also serve as an active member provided that he/she meets all training and medical physical requirements for active members as established by the Fire Department.  A lifetime or honorary member who is also an active member shall be counted toward a volunteer company’s allotment of active member slots.

 

                        6.         Use all tax funds received by the volunteer fire company to assist in the operation of the Fire Department.  A Volunteer Executive Board comprised of Assistant Fire Chiefs (volunteer) from each volunteer fire company and the Deputy Chief (volunteer) shall manage the expenditure of these funds in consultation with the Fire Chief to assure the expenditure is for firefighting and emergency medical response needs of the Fire Department.  The expenditure of charitable donations received by a volunteer fire company shall be supervised solely by the volunteer fire company.

 

                        7.         Provide an annual financial disclosure statement, tax returns, and audit report in such detail as the Fire Chief requests to enable the City to ensure accountability for the expenditure of tax funds.

 

                        8.         Not conduct any fund raising activities of any kind on City property or with use of Fire Department apparatus or equipment without the written approval of the Fire Chief.  The Fire Chief shall be notified of all fund raising activities.

 

                        9.         Maintain all vehicles, apparatus and equipment in a state of readiness for immediate use under guidelines approved by the Fire Chief.

 

            C.        Active Membership. 

 

The total active membership of the volunteer fire companies recognized by the City of Salisbury shall be 120.  Active firefighting members shall include probationary, life active, honorary active and active members. The Fire Chief shall be authorized to assign the number of active volunteer positions to each volunteer corporation as he deems appropriate for operational purposes.  Only active firefighters may participate in operational activities including emergency response.

 

            D.        Compliance with Laws, Regulations and Orders.

 

All officers and members of the volunteer fire companies shall obey and enforce applicable federal and state laws, rules and regulations; City laws, regulations, policies, guidelines; Fire Department standard operating procedures and guidelines; Fire Department rules, regulations and procedures; and operational orders of the Fire Chief.

 

            E.         Withdrawal of Recognition.

           

If a volunteer fire company fails to obey the operational orders of the Fire Chief, or to comply with applicable federal or state law, applicable City laws, regulations, policies and procedures, Fire Department standard operating procedures and guidelines, or Fire Department rules and regulations, then the Fire Chief may notify the City.  The City, after providing at least 30 days notice to the volunteer fire company, and after providing the volunteer fire company an opportunity to be heard within 45 days of the notice, may withdraw the City’s recognition of the volunteer fire company.  If such recognition is withdrawn, then the volunteer fire company and all of its officers and members shall vacate immediately any Fire Department premises owned by the City.  All City real and personal property, vehicles, apparatus and equipment shall be turned over to the City immediately upon withdrawal of recognition.

           

            F.         Provision of services without City recognition prohibited.

 

No non-profit or for-profit emergency service organization shall engage in the delivery of emergency services in the Salisbury Fire District without being recognized as a provider of such services by the City.

           

            G.        Discipline of volunteer line officers or members.                       

 

The Fire Chief shall promulgate Fire Department regulations and procedures for discipline of volunteer line officers and members.

 

            H.        Auxiliary.

 

                        1.         Each volunteer company shall be authorized to maintain a supporting organization known as the Auxiliary for the express purpose of providing support to Fire Department members in the performance of their duties.  All auxiliary members shall function under the authority and unified command of the Fire Chief.  They shall comply with the Fire Department standard operating procedures and guidelines, department rules and regulations and all other applicable City policies and procedures.

 

                        2.         The auxiliary of the volunteer fire companies shall not conduct any fund raising activities of any kind on City property or with use of City vehicles, apparatus or equipment without the written approval of the Fire Chief.

 

2.16.050 Selection of Fire Chief

 

            A.        As provided in Article XVIII, Section SC18-1 of the Charter, the Fire Chief is appointed by the Mayor with the advice and consent of the City Council.  His compensation is determined by the Council.

            B.         Career and volunteer Fire Department personnel may make appropriate recommendations to the Mayor for the selection of the Fire Chief.

 

2.16.060  Unauthorized entry into hazardous areas at emergency incidents.

 

            A.        No person shall cross a designated fire line or enter into any hazardous area as established by the Fire Department unless he/she is a member of the Fire Department or another agency authorized or requested to assist the Fire Department at the scene of the emergency.

 

2.16.070.  Hindrance of Fire Department personnel in the performance of duties.

 

            No person shall:

 

                        1.         Drive any vehicle over a fire hose or appliance in use at the scene of an emergency unless directed otherwise by authorized Fire Department personnel.

 

                        2.         Molest, hinder, interfere or attempt to cause harm to any Fire Department officer or member during the performance of his/her duty.

 

                        3.         Interfere or impede the progress of emergency apparatus that is displaying visible and employing audible warning devices during a response to provide emergency services.

 

                        4.         Block or obstruct any fire hydrant which impedes its use by the Fire Department.

 

                        5.         Report a false alarm of an event calling for Fire Department emergency services.

           

2.16.080  Tampering with or damaging equipment or apparatus used for emergency services.

 

Any person who shall willfully, carelessly or maliciously tamper with, damage, mutilate or destroy any equipment or apparatus owned or operated by the Fire Department to provide emergency services, whether it is in use or stored, shall be guilty of a misdemeanor.

 

2.16.090 Uniforms; Equipment.

 

            A.        The Fire Department’s annual proposed operating budget shall include funding for the maintenance or purchase of uniforms and personal protective equipment for each member.  All uniforms and personal protective equipment issued to any member shall be and remain the property of the City.

 

            B.         The Fire Department’s annual proposed operating budget shall include funding for the following:

           

1.         Length of Service Award Program (LOSAP) premiums to provide a retirement benefit for qualified volunteer Fire Department members.

 

2.         Medical physical examinations, fitness for duty and return to duty examinations for volunteer members in accordance with Fire Department standard operating procedures and guidelines.

 

2.16.100  Authority for the removal of obstructions near fire hydrants.

 

The Fire Department shall be authorized to secure the removal of or to remove obstructions from the area in front of or nearby any fire hydrant that may impair the immediate identification or use of the fire hydrant.

 

            AND BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF SALISBURY, that this ordinance shall take effect upon final passage.

            THIS ORDINANCE was introduced and read at a meeting of the Council of the City of Salisbury held on the ____ day of ________, 2004, and having been published as required by law, in the meantime, was finally passed by the Council on the _____ day of _________, 2004.

 

 

_________________________                                  _________________________

Brenda J. Colegrove, City Clerk                                   Michael P. Dunn,

                                                                                    President of the Council of

                                                                                    the City of Salisbury

 

Approved by me, this ________

day of ______________, 2004.

 

 

__________________________

Barrie P. Tilghman,

Mayor of the City of Salisbury