Haworth Fire Department - Ordinances Establishing & Regulating Department

of the Town of Haworth, Oklahoma establishing
and regulating the Haworth Volunteer Fire Department

PART 13

PUBLIC SAFETY

CHAPTER 1

FIRE CODE AND PREVENTION

Section 13-101       Adoption of fire prevention code.
Section 13-102       Modifications.
Section 13-103       New materials, processes, or occupancies which may require permits.
Section 13-104       Appeals.
Section 13-105       Penalties.

CHAPTER 2

FIRE SERVICES

ARTICLE A

FIRE DEPARTMENT

Section 13-201       Fire department.
Section 13-202       Volunteer department.
Section 13-203       Fire chief.
Section 13-204       Duties of the assistant chief.
Section 13-205       Company officers.
Section 13-206       Secretary-treasurer.
Section 13-207       Membership, new members.
Section 13-208       Bylaws.
Section 13-209       Rules and regulations.
Section 13-210       Social officers.
Section 13-211       Use of fire equipment.
Section 13-212       Authority of firefighters at fires.
Section 13-213       Right of entry.

ARTICLE B

CALLS OUTSIDE LIMITS

Section 13-221       Power to contract.
Section 13-222       Contracts for service.
Section 13-223       Authority to answer calls.
Section 13-224       Charges for calls made outside town.
Section 13-225       Firefighters serving in regular line of duty.
Section 13-226       Department considered agent of state.

CHAPTER 1

FIRE CODE AND PREVENTION

SECTION 13-101 ADOPTION OF FIRE PREVENTION CODE.

There is hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as Fire Prevention Code recommended by the National Fire Protection Association, and that certain code known as the Life Safety Code recommended by the National Fire Protection Association, being particularly the latest editions thereof and the whole thereof save and except such portions as are hereinafter deleted, modified, or amended by this code. At least one copy of the Fire Prevention Code and the Life Safety Code are on file in the office of the town clerk-treasurer. The Fire Prevention Code and the Life Safety Code are hereby adopted and incorporated as fully as if set out at length herein; and from the date on which this code shall take effect. the provisions thereof shall be controlling within the limits of the town.

Cross Reference: See Sections 5-601 et seq. of this code for other provisions on liquefied petroleum gases.

SECTION 13-102 MODIFICATIONS.

A. The town board of trustees shall have power to modify any of the provisions of the Fire Prevention Code and the life safety code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the fire chief and board of trustees thereon shall be entered upon the records of the board of trustees, and a signed copy shall be furnished the applicant.

B. The limits in the fire prevention code in which storage of flammable liquids in above-ground tanks, new bulk plants for flammable liquids, bulk storage of LPG and storage of explosives and blasting agents, are prohibited are the town limits.

SECTION 13-103 NEW MATERIALS, PROCESS OR OCCUPANCIES WHICH MAY REQUIRE PERMITS.

The town board of trustees may act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes, or occupancies, which shall require permits, in addition to those now enumerated in said code. The fire chief shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons.

SECTION 13-104 APPEALS.

Whenever the chief of the fire department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire department to the town board of trustees within thirty (30) days from the date of the decision appealed.

SECTION 13-105 PENALTIES.

A. Any person who violates any of the provisions of the codes hereby adopted or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the town board of trustees or by a court of competent jurisdiction, within the time fixed therein, shall severally for every such violation and noncompliance respectively, be guilty of an offense, punishable as provided in Section 1-108 of this code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense.

B. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

CHAPTER 2

FIRE SERVICES

ARTICLE A

FIRE DEPARTMENT

Section 13-201       Fire department.
Section 13-202       Volunteer department.
Section 13-203       Fire chief.
Section 13-204       Duties of the assistant chief.
Section 13-205       Company officers.
Section 13-206       Secretary-treasurer.
Section 13-207       Membership, new members.
Section 13-208       Bylaws.
Section 13-209       Rules and regulations.
Section 13-210      Social officers.
Section 13-211      Use of fire equipment.
Section 13-212      Authority of firefighters at fires.
Section 13-213      Right of entry.

ARTICLE B

CALLS OUTSIDE LIMITS

ARTICLE A

FIRE DEPARTMENT

SECTION 13-201 FIRE DEPARTMENT.

A. There is a fire department of the town, the head of which is the chief of the fire department.

B. It is the duty of the fire department, among others, to extinguish fires; to rescue persons endangered by fire; to resuscitate, and to administer first aid to, persons injured in or about burning structures on elsewhere in case of an emergency; to promote fire prevention; and unless otherwise provided, to enforce all ordinances relating to fires, fire prevention and safety of persons from fire in public and private buildings.

SECTION 13-202 VOLUNTEER DEPARTMENT.

A. The fire department of the town is a volunteer department which has in its service not more than two (2) full time salaried firefighters and not less than six (6) nor more than twenty (20) volunteer firefighters.

B. For the purpose or this chapter, a volunteer firefighter is considered as one who is enrolled as a member of the fire department and who serves in the capacity without receiving a regular salary.

SECTION 13-203 FIRE CHIEF.

The chief shall be the administrative head of the department, subject to the laws of the state, ordinances of the town, and the rules and regulations adopted in this chapter. The chief shall have the following powers and duties, and he may assign duties to other members of the department:

1. The chief shall be responsible for the general condition and efficient operation of the department, the training of members, and the performance of all other duties imposed upon him. He shall have supervision and control of the fire department, subject to the supervision and control of the town board;

2. The chief may inspect or cause to be inspected by members of the department the fire hydrants, cisterns and other sources of water supply at least twice each year;

3. The chief may maintain a library or file of publications on fire prevention and fire protection and shall make use of it to the best advantage of all members;

4. The chief shall make every effort to attend all fires and direct the officers and members in the performance of their duties;

5. The chief shall see that the citizens are kept informed on fire hazards in the community and on the activities of the department;

6. The chief shall see that each fire is carefully investigated to determine its cause, and in the case of suspicion of incendiarism or arson, shall notify proper authorities and secure the preservation of all possible evidence for future use in the case;

7. The chief is authorized to enter any building or premises in the town at any reasonable hour for the purpose of making inspections and to serve written notice on persons for any violations that may be found; and

8. The chief shall see that complete records are kept of all fires, inspections, apparatus and equipment, personnel and other information of the department and shall make reports to the town board as he may require. The chief shall keep the town informed regarding the fire department and its needs.

SECTION 13-204 DUTIES OF THE ASSISTANT CHIEF

In the absence of the chief, the assistant chief on duty shall command the department and be held responsible therefor in all respects with the full powers and responsibilities of the chief. The assistant chief shall be appointed by the chief.

SECTION 13-205 COMPANY OFFICERS.

Company officers shall be selected by the chief based on the following criteria:

1. Knowledge of fire firefighting;

2. Leadership ability; and

3. Knowledge of firefighting equipment.

SECTION 13-206 SECRETARY TREASURER.

One member elected by the members of the fire department, subject to approval of the chief, shall be a secretary-treasurer. His duties shall consist of the following:

1. Calling the roll at the opening of each meeting;

2. Keeping the minutes of each meeting; and

3. Collecting any money due the department by the members.

SECTION 13-207 MEMBERSHIP, NEW MEMBERS.

A. Membership of the department shall consist of such persons as may be appointed by the chief and shall be persons residing within a reasonable distance from the fire station. This reasonable distance will be established by the fire department and set forth in the department's Standard Operating Procedures Manual.

B. Persons making application to join the department shall be approved by a majority vote of members present at a regular business meeting of the fire department.

C. New members of the department shall be on probation for one year after their appointment. Upon completion of their probation period, new members must be approved by the majority of the other members of the fire department.

SECTION 13-208 BYLAWS.

The by-laws of the department shall include the following:

1. All volunteer fire department members are required, when notified, to respond to alarms of fire and other emergencies;

2. A member is required to be present at regular meetings, called meetings and schools presented for the benefit of the firefighters;

3. At least one regular business meeting of the members shall be held each month;

4. Any member having two (2) unexcused absences in succession or three (3) unexcused absences in a period of three (3) months will be dropped from the fire department rolls;

5. Any member leaving the town for an extended period of time is required to notify the chief;

6. Any member refusing to attend training classes provided for members of the department will be dropped;

7. Any member of the fire department may be dropped from the rolls for the following offenses:

a. Conduct unbecoming a firefighter;

b. Any act of insubordination;

c. Neglect of duty;

d. Any violation of rules and regulations governing the fire department;

e. Conviction of a felony; or

f. By a majority vote of the members of the company and approval of the chief.

SECTION 13-209 RULES AND REGULATIONS.

The fire chief may propose new regulations and/or changes in current regulations pertaining to the department, its organization, operation and compensation to the members at a regular business meeting for majority vote.

SECTION 13-210 SOCIAL OFFICERS.

The department may elect a president, vice-president, and secretary/treasurer to be known as social officers. Such officers may be elected in any manner and for any term the members may decide upon, and their duties shall be to arrange for and manage any or all social functions sponsored by the members. The functions and duties of the social officers shall in no way interfere with those of the regular department officers who are charged with responsibility for all fire service activities of the department.

SECTION 13-211 USE OF FIRE EQUIPMENT.

A. The department shall be equipped with such apparatus and other equipment as maybe required from time to time to maintain its efficiency and properly protect life and property from fire.

B. Recommendations of apparatus and equipment needed shall be made by the chief, purchased after approval of department members.

C. All equipment of the department shall be safely and conveniently housed in such places as may be designated by the chief.

D. Suitable arrangements and equipment shall be provided for people to turn in alarms and to notify members of the department so that they may promptly respond.

E. No person shall use any fire apparatus or equipment for any private purpose, nor shall any person wilfully and without proper authority take away or conceal any article used in any way by the department. No person shall enter any place where fire apparatus is housed or handle any apparatus or equipment belonging to the department unless accompanied by, or having the special permission of an officer or authorized member of the department.

SECTION 13-212 AUTHORITY OF FIREFIGHTERS AT FIRES.

The fire chief, assistant fire chiefs or other fire department officers in charge shall have complete charge and control at all fires. Fire orders shall be obeyed. The chief or his officers may prescribe limits in the vicinity of a fire which no persons except those residing or owning property therein shall be permitted to enter except on the order of the officer in command. Police officers may aid in carrying into effect the provisions of this section.

SECTION 13-213 RIGHT OF ENTRY.

The chief of the fire department and his designee may at all reasonable hours enter any building or premises within his jurisdiction for the purpose of making any inspection or investigation which, under the provisions of this chapter and other provisions of this code, he may deem necessary to make.

ARTICLE B

CALLS OUTSIDE LIMITS

SECTION 13-221 POWER TO CONTRACT.

The fire department is hereby authorized and empowered to enter into contracts or agreements with individuals, firms, private corporations or associations, or military installations or commands, or political subdivisions of the state for fire protection outside the corporate limits of the town, and to contract to provide fire protection jointly with other organizations and municipal subdivisions of the state.

State Law Reference: Fire services outside town, town powers, 11 O.S. Secs. 29-105 et seq.

SECTION 13-222 CONTRACTS FOR SERVICE.

Any contract entered into by the fire department, with an individual owner, a firm, private corporation, association or political subdivision, for outside aid or mutual aid for fire protection, shall provide for the payment by the owner, firm, private corporation, association or political subdivision for such service, equipment or personnel in an amount reached through negotiation by the parties.

SECTION 13-223 AUTHORITY TO ANSWER CALLS

The fire department is authorized to answer all calls outside the town within the department's normal protection area. The fire chief or the ranking officer present shall determine that the equipment and personnel to be dispatched to calls outside of the normal protection area are not needed for other purposes within the normal protection area.

SECTION 13-224 CHARGES FOR CALLS MADE OUTSIDE TOWN.

The fire department may enter into a contract with persons, organizations or associations to provide fire protection service outside the town limits. Such contracts shall be conditioned upon the determination of the fire chief that the property in question is within a reasonable distance from the town. The charges for such calls shall be as specified in the contract.

SECTION 13-225 FIREFIGHTERS SERVING IN REGULAR LINE OF DUTY.

All firefighters attending and serving at fires or doing fire prevention work outside the corporate limits of the town, as herein provided, shall be considered as serving in their regular line of duty as fully as if they were serving within the corporate limits of the town. The firefighters shall be entitled to all the benefits of any fire pension and relief fund in the same manner as if the firefighting or fire prevention work was being done within the corporate limits of the town.

SECTION 13-226 DEPARTMENT CONSIDERED AGENT OF STATE.

The fire department when answering any fire alarm or call or performing any fire prevention services outside the corporate limits of the town shall be considered as an agent of the state, and acting solely and alone in a governmental capacity, and the town shall not be liable in damages for any act of commission, omission or negligence while answering or returning from any fire, or reported fire, or doing any fire prevention work under and by virtue of this article.