Chapter 2.45
FIRE DEPARTMENT1
Sections:
2.45.010 Establishment of department.
2.45.020 Department to enact rules of operation.
2.45.030 Authorized strength of department – Appointment of members.
2.45.040 Appointment of members – Vacancy.
2.45.050 Officers of department.
2.45.060 Fire chief – Duties and responsibilities.
2.45.070 Responsibility of department.
2.45.080 Powers when fighting fires.
2.45.090 False fire alarms prohibited.
2.45.100 Payment for responders.
2.45.010 Establishment of department.
There is hereby established a volunteer fire department to be known as the Helper volunteer fire department. [Code 1988 § 6-2-1].
2.45.020 Department to enact rules of operation.
The members of the department may adopt a constitution, by-laws, and such other rules and regulations as may be necessary for the effective operation of the department not inconsistent with the terms of this chapter. All such rules and regulations governing the operation of the fire department shall be approved by the city council. [Code 1988 § 6-2-2].
2.45.030 Authorized strength of department – Appointment of members.
The council does hereby establish that the maximum number of members of the department (authorized strength) at any one time shall be 16. [Code 1988 § 6-2-3].
2.45.040 Appointment of members – Vacancy.
Appointments to the department shall be made by the city council, in accordance with the following:
The city shall maintain a list of prospective members consisting of individuals who have applied for membership in the department. At any time the membership of the department becomes less than the authorized strength, the council shall provide for the appointment of replacement members from among the individuals appearing on the list. In considering the appointment of replacement members the city council shall consult with the fire chief concerning the qualifications of prospective members and may request that the chief submit recommendations for appointment to membership. [Code 1988 § 6-2-4].
2.45.050 Officers of department.
A fire chief and such other officers as may be provided for in the constitution and by-laws of the department shall be appointed by the mayor, with the advice and consent of the council. The persons so appointed shall continue in office until their successor is appointed but may be removed at any time by the mayor with the consent of the council. [Code 1988 § 6-2-5].
2.45.060 Fire chief – Duties and responsibilities.
A. The fire chief shall have the sole and entire command over all officers and members of the department at fires, and in his absence the highest ranking officer of the department at the fire shall have command.
B. The chief shall have full charge at all times of all apparatus and appurtenances belonging to the department and shall be responsible for its proper care and maintenance. He shall also be responsible for the maintenance and operation of the firehouse.
C. The chief shall be responsible for the preparation and submittal of the annual budget to the city council and make reports to the council concerning the activities of the department when so requested by the mayor or council. [Code 1988 § 6-2-6].
2.45.070 Responsibility of department.
A. The fire department, under the direction of the fire chief, shall have the duty of extinguishing fires and of protecting life and property within the city. The volunteer members of the department shall also assist in keeping the fire fighting apparatus in proper condition for immediate use.
B. The fire department may periodically inspect business establishments to check for fire hazards, may at the request or with permission of the owner inspect private homes for fire hazards, and may divide the city into fire districts. [Code 1988 § 6-2-7].
2.45.080 Powers when fighting fires.
A. Right of Way. It is hereby provided that the fire trucks of the city and the vehicles of members of the fire department of the city shall have the right of way over all other vehicles of every kind in the city.
B. May Blockade Streets. Whenever a fire shall occur it shall be lawful for the fire chief, or the officer in command, to blockade any street, avenue, alley, sidewalk, or other place if in his judgement it is necessary to secure the efficient working of the men, hose, engines, or hook and ladder apparatus under his command, and to protect the hose of said department from injury. It shall be unlawful for any person to break through said blockade.
C. Right of Entry. The members of the fire department shall have the right to enter upon any premises for the purpose of extinguishing or controlling fires and of investigating the cause thereof. No search warrant shall be necessary during or immediately following a fire (exigent circumstances exception).
D. Removal of Obstructions. When a fire is in progress, the fire chief, or in his absence the officer in charge, may order the removal or destruction of any building, fence, or any telephone, telegraph or electric light poles or wires or any other obstruction in order to prevent the progress of the fire, but neither the fire chief nor any other officer or member of the department shall unnecessarily or recklessly destroy or injure any building or other property.
E. Use of Water. The chief of the fire department or other officer in charge shall have the right to use water from any source for the purpose of extinguishing fires or for saving property in danger of being destroyed by fire.
F. Investigation of Fire. The fire chief, or in his absence, his assistants in charge of the fire, shall, after its extinguishment, make a prompt and thorough investigation of the cause of the fire, the time of breaking out, the amount of loss and insurance, a description of the affected building and premises, and shall secure all other useful information and data available, and record the same in a record book kept for that purpose in the office of the department and shall report the same to the city council at such times as it may direct. If the officer making this investigation determines that the fire appears to be of suspicious origin, he shall immediately notify the State Fire Marshal to that effect. [Code 1988 § 6-2-8].
2.45.090 False fire alarms prohibited.
Any person who, without cause, gives an alarm of fire by outcry, ringing of bells, notification by telephone, or otherwise, shall be deemed guilty of a misdemeanor. In addition, any person who shall knowingly give a false alarm shall be responsible for the payment of all costs incurred by the city in responding to such alarm, and the city may, through all means available under law, proceed to collect such costs, at that person’s expense. [Code 1988 § 6-2-9].
2.45.100 Payment for responders.
When Helper City receives payments for such services, all costs incident to the use of city trucks or other equipment shall remain with the city. Payments for personnel shall be distributed equally to the responders who performed these services. A responder who is a regular employee of Helper City must perform the service while on a regular day off or on a vacation day to receive any such payment. Helper City considers these payments as de minimis benefits to offset personal costs to the responders involved. [Ord. 2009-7].
Statutory Authority: Section 10-8-55, Utah Code Annotated 1953.