Chapter 2-20 FIRE DEPARTMENT

There is established an executive department of the city which shall be known as the fire department. The fire department shall include the fire marshal, the bureau of fire prevention, such other administrative divisions as may be established, and such employees as may be provided for in the annual appropriation ordinance. (Ord. 2910 § 1 (part), 1995)

2-20-020 Office of fire marshal created.

There is created the office of fire marshal. The fire marshal shall be the chief executive of the fire department. The fire marshal shall be appointed by the mayor with the advice and consent of the city council. Any provisions of this code which make reference to the “fire chief’ shall be understood to refer to the fire marshal. (Ord. 2910 § 1 (part), 1995)

2-20-030 Fire marshal powers and duties.

The fire marshal shall exercise general supervision over the management and control of all matters and things pertaining to the fire department and of all the persons employed therein. The fire marshal shall have such further duties and responsibilities as are assigned to him by virtue of state law. In accordance with the State Pension code, the fire marshal, as the head of the fire department, shall be a member of the firefighters pension board. (Ord. 2910 § 1 (part), 1995)

2-20-040 Office of deputy chief created.

There is created the office of deputy chief, who shall be appointed by the mayor upon the recommendation of the fire marshal. There shall be as many deputy chiefs as are provided for in the annual appropriation ordinance. (Ord. 2910 § 1 (part), 1995)

2-20-050 Deputy chief powers and duties.

The deputy chief or chiefs of the department shall have such duties as the fire marshal may assign. The fire marshal may establish administrative responsibilities for each deputy chief and change such responsibilities from time to time as the needs of the department may require. The fire marshal may authorize the deputy chief to act in his place and stead in the event of his absence or illness. (Ord. 2910 § 1 (part), 1995)

2-20-051 Office of deputy public safety fire administrator created—Appointment.

A. There is created the office of deputy public safety fire administrator of the fire department of the city of Harvey. The deputy public safety fire administrator shall be appointed by the mayor with the advice and consent of the city council.

B. The deputy public safety fire administrator shall be exempt from and not be included in the classified civil service of the city. The deputy public safety fire administrator shall not be a firefighter as defined in Chapter 40, ILCS 5/4-106. The deputy public safety fire administrator shall not be eligible to be a member of the Firemen’s Pension Fund of the city of Harvey and shall be eligible to participate in the Illinois Municipal Retirement Fund of the state of Illinois.

C. The deputy public safety fire administrator shall perform and have such duties and administrative responsibilities that the public safety fire administrator shall delegate and assign as the needs of the fire department may require. The deputy public safety fire administrator shall possess the power and authority of the public safety fire administrator in the absence of the public safety fire administrator.

D. That the deputy public safety fire administrator shall receive such compensation as agreed upon between the deputy public safety fire administrator and the city and as set forth in the annual appropriation ordinance of the city. (Ord. 3116 § 1, 2003; Ord. 3115 § 1, 2003)

2-20-060 Membership of the uniformed service.

The following employees of the fire department, namely the fire marshal, deputy fire marshals, and all subordinate officers and firefighters, fire engineers, and paramedics shall constitute the uniformed service and be known and designated as members of the fire department. (Ord. 2910 § 1 (part), 1995)

2-20-070 Fire department policy and procedures manual.

The fire marshal is authorized to establish the operating procedures of the department through the formulation of a policy and procedures manual governing the day to day operations of the department. The fire marshal is further authorized to modify, supplement and amend the fire department policy and procedures manual dated June, 1985 in such manner as will promote the efficient operation of the department and to issue such general orders as may be necessary to insure the efficient operation of the department. (Ord. 2910 § 1 (part), 1995)

2-20-080 Paid on call/volunteer firefighters.

The fire marshal is authorized to require the assistance of such paid on call or volunteer firefighters as he shall determine are necessary for the proper functioning of the department. The number of paid on call or volunteer firefighters and their manner of selection shall be in conformance with the policies and procedures of the department as established by the fire marshal. Paid on call or volunteer firefighters shall not be considered full-time employees of the city, and they shall be compensated for their services in accordance with the policies and procedures of the department and the rates for such services set by the corporate authorities. They are intended to supplement, not replace, sworn civil service personnel. Paid on call or volunteer firefighters shall be under the direction and control of the fire marshal in accordance with the chain of command established by him. (Ord. 2910 § 1 (part), 1995)

2-20-090 Investigation of fire causes.

The fire marshal shall cause all fires, the causes of which are undetermined or wherein incendiarism is suspected, to be investigated by the fire department and shall maintain a record of such investigations and of the evidence in each case in his office. (Ord. 2910 § 1 (part), 1995)

2-20-100 Annual report of fires.

On or before the first day of March in each year, the fire marshal shall prepare and submit to the mayor and city council a report of all fires that may have taken place in the city during the preceding fiscal year, with the causes thereof, and the number and description of all buildings injured or destroyed. In addition, the fire marshal shall make a general report to the council on the condition of the fire department and goals and objectives for the upcoming year. (Ord. 2910 § 1 (part), 1995)

2-20-110 Recordkeeping.

The fire marshall shall maintain a complete record of all business transactions in the fire department and of all property placed in his custody or charge. (Ord. 2910 § 1 (part), 1995)

2-20-120 Inspection of departmental property.

The fire marshal shall once each year, or more often, examine the condition of fire apparatus and houses and report his findings to the mayor, along with his recommendations for improvements thereto, by February 1st of each year. (Ord. 2910 § 1 (part), 1995)

2-20-130 Establishment of divisions within department.

The fire marshal shall have the authority, subject to the approval of the mayor, to establish divisions within the fire department and reassign the duties of the members thereof as shall, in his judgment, best serve the needs of the department. (Ord. 2910 § (part), 1995)

2-20-140 Impersonating firefighter unlawful.

No person not a member of the fire department shall impersonate a firefighter or officer of the fire department. Any person who is convicted of impersonating a fireman by a court of competent jurisdiction shall be fined as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. (Ord. 3494 § 2(B), 2024; Ord. 2910 § 1 (part), 1995)

2-20-150 Adoption of codes.

The city adopts, in their entirety, the BOCA National Fire Prevention code (with such revisions as have been approved by the city council), 1990, and the National Fire Protection Association, 1988 Edition, Life Safety Code. The city clerk shall maintain no less than three copies of the above stated codes in the office of the city clerk for inspection by the public. Copies of the code shall also be maintained in the fire department, the planning department and the corporation counsel’s office. (Ord. 2910 § 1 (part), 1995)

2-20-160 Basic course for firefighters.

Each firefighter must complete a basic course approved by the state fire marshal and pass the Illinois test for certification at the basic level, as provided for in “An Act relating to Fire Protection Training,” within such firefighter’s probationary period. (Ord. 2910 § 1 (part), 1995)

Article II. Bureau of Fire Prevention

2-20-170 Bureau established—Organization and functions.

A. There is established an executive bureau of the fire department of the city which shall be known as the bureau of fire prevention. It shall include a fire prevention officer in charge and such other employees as shall be provided for in the annual appropriation ordinance.

B. All fire inspection work of the bureau of fire prevention shall be performed by the fire code enforcement officer designated by the fire marshal and such other fire department employees as may be detailed for such work. The bureau of fire prevention shall work in cooperation with the code enforcement interdepartmental task force as may be required by the mayor. (Ord. 2910 § 1 (part), 1995)

2-20-180 Fire prevention officer—Powers and duties.

The fire prevention officer shall be designated by the fire marshal. He shall, under the supervision and control of the fire marshal, perform all of the duties required of him by the provisions of this code and the provisions of any fire prevention codes which it shall be his duty to enforce. (Ord. 2910 § 1 (part), 1995)

2-20-190 Inspection records.

A. The fire prevention officer shall maintain a proper record of all inspections made by him or any officer assisting him, including the date of such inspections, a summary of violations, if any are found to exist, the date of serving of notice of violations as required by city ordinance, together with a memorandum of the final disposition of all violations found to exist, and shall also keep a proper record of all other transactions and operations of the bureau.

B. The records shall be open at all times to the inspection of the mayor, fire marshal, comptroller, chief of police, planning director, and members of the city council. (Ord. 2910 § 1 (part), 1995)

2-20-200 Issuance of orders, notices and certificates.

The fire prevention officer shall sign, or cause to be signed, all orders, notices and certificates which must be issued by the bureau of fire prevention, and shall keep a record of the same. The service of any order or notice required by the fire regulations of the city may be made by depositing a copy thereof in the United States mails addressed to the owner or any one of the several owners of the premises in question, or to his or their duly authorized agents, or by delivering a copy thereof to a lessee or any one of several lessees of said premises or any particular part thereof, or by the delivery of a copy thereof to any person of suitable age and discretion in charge or apparently in charge of the premises, and in addition thereto, affixing a copy of such order or notice prominently upon the exterior of the premises. (Ord. 2910 § 1 (part), 1995)

2-20-210 Inspection of buildings—Right of entry—Standards.

A. The fire prevention officer and his assistants are empowered to enter any building, structure or premises, whether completed or in the course of construction, for the purpose of determining whether such buildings, structures or premises have been or are being constructed and maintained in accordance with the fire regulations of this code. It shall be unlawful to exclude them from any such building, structure or premises.

B. The fire prevention officer shall make, or cause to be made, regular inspections, with sufficient frequency to secure efficient supervision of all buildings, structures, or places used either for manufacturing or commercial purposes, or occupied or frequented by large numbers of people, and of all school buildings, public halls, churches, institutional buildings, theaters, multiple dwellings and all places of amusement, recreation or employment

1. To determine the safety of the occupants of such buildings, structures or places in the event of fire, panic or accident

2. To examine the working order and repair of all doors, fire escapes, firefighting appliances; the condition and maintenance of exits, corridors, stairways and fire escapes and their approaches with regard to obstructions; the disposition, the quantity, arrangement and protection of stock, combustible material and rubbish, heating devices and ovens, flammable liquids and explosives with regard to safety from fire; the protection of hazardous machinery, appliances and apparatus; and

3. To ascertain whether the fire regulations of this code are being efficiently carried out. (Ord. 2910 § 1 (part), 1995)

2-20-220 Investigation of complaints—Notice of violations.

It shall be the duty of the fire prevention officer or his assistants to make an examination of any building, structure, or place when any citizen represents that any of the fire regulations of the city are being violated, or that combustible materials are kept in any place in the city in any insecure manner, or that doors, stairways, corridors, exits or fire escapes in any factory, workshop or place of employment, amusement, education or recreation are obstructed or are not in a safe condition, or that any door or exit is kept locked or fastened during the time such places are occupied or frequented by employees or by the public, or that any building, structure or place is occupied or crowded beyond the capacity of its exits or that the heating apparatus, appliances or devices in any building are insecure or dangerous, or that any building, structure or place is being maintained in such a manner as to be a fire menace or dangerous in case of fire, panic or accident. If such representation is found to be true, the fire prevention officer shall give notice as provided for in this code. (Ord. 2910 § 1 (part), 1995)

2-20-230 Structural instabilities.

The fire prevention officer, upon discovering or having his attention directed to any violations of the provisions of this code relating to structural instability of any building or structure, shall take such immediate and proper action as will conserve the safety of the occupants of such buildings and structures and of the public, and shall at once notify the director of planning and turn the matter over to the director for supervision and disposal. (Ord. 2910 § 1 (part), 1995)

2-20-240 Overcrowding of premises—Determination and remedies.

It shall be the duty of the fire prevention officer to allow no more persons to enter any public assembly unit, assembly hall in a school or theater, than the number of persons certified to by the fire marshal, and which number of persons appears on the license issued therefor. Should the fire prevention officer find any such place occupied by more than the properly certified number of people, he shall close said public assembly unit, assembly hall in a school or theater, and recommend the revocation of the license issued for said place. The fire prevention officer shall forward all the facts and evidence pertaining to the overcrowding to the mayor, and request that the corporation counsel commence prosecution. (Ord. 2910 § 1 (part), 1995)

2-20-250 Fire code violations—Enforcement of correction.

In case it is found that any of the fire regulations of the city are being violated, or that any building, structure or place or its contents, or any appliance or equipment thereof, is of such condition to be probable cause of fire, or is likely to endanger life or safety in case of fire, panic or other accidents, the fire prevention officer may attempt to secure correction of such violation or violations by use of informal action. The fire prevention officer may report such conditions to the mayor, who may request that the corporation counsel commence prosecution for such violation. (Ord. 2910 § 1 (part), 1995)

Article III. Extinguishment of Fires

2-20-260 Powers and duties of chief fire marshal.

The fire marshal shall have direct supervision of the control and extinguishment of fires and shall perform such other duties as may be required to administer the department. (Ord. 2910 § 1 (part), 1995)

2-20-270 Fires—Authority of fire department personnel.

All persons in the vicinity of a fire or other emergency shall be subject to the orders of the fire marshal. (Ord. 2910 § 1 (part), 1995)

2-20-280 Fires—Removal or destruction of property authorized when.

The fire marshal shall have the power to cause the removal or destruction of any property whenever, in his judgment, it shall become necessary to do so to prevent the destruction of property or the communication of fire. (Ord. 2910 § 1 (part), 1995)

2-20-290 Removal of hydrant obstructions.

The fire department may, at the risk, cost and expense of the owner or claimant thereof, remove any obstructions to fire hydrants existing contrary to city ordinance. (Ord. 2910 § 1 (part), 1995)

2-20-300 Recovery of property from fire.

No person shall be entitled to take away any property in the possession of the fire department saved from any fire until he shall make satisfactory proof of ownership thereof. (Ord. 2910 § 1 (part), 1995)

2-20-310 Hindering firefighting activities unlawful.

No person shall wilfully hinder any police officer or fireman in the performance of his duty at a fire, or shall wilfully in any manner injure, deface or destroy any engine or fire apparatus belonging to the city. Any person violating any provision of this section shall be fined as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements, upon conviction. (Ord. 3494 § 2(B), 2024; Ord. 2910 § 1 (part), 1995)

Article IV. Special Services

2-20-320 Service outside the city.

The fire marshal shall have the power to recommend to the mayor for approval by the city council contracts with any other municipality, industrial district or owner of property lying within a radius of ten miles of the city to provide fire protection and emergency services; said contract to include terms for bonding, hold harmless agreements, rates for service and equipment used. (Ord. 2910 § 1 (part), 1995)

2-20-330 Reciprocal contracts.

The fire marshal shall have the authority to recommend to the mayor, for approval by the city council, reciprocal contracts and agreements with other municipalities and fire protection districts for mutual aid, consisting of furnishing equipment and manpower from and to such other municipalities and fire protection districts without cost. All such contracts or agreements shall be approved by the city council and shall be duly executed upon approval by the mayor. (Ord. 2910 § 1 (part), 1995)

2-20-340 Intergovernmental agreements for training.

The fire marshal shall have the authority to recommend to the mayor, for approval by the city council, intergovernmental agreements or agreements with private entities for training of personnel, which agreements shall provide for hold harmless agreements, terms of training and equipment to be used. (Ord. 2910 § 1 (part), 1995)