Chapter 2.36
FIRE DEPARTMENT
Sections:
2.36.050 Burlington volunteer firefighters.
2.36.060 Civil service commission – Created.
2.36.010 Purpose.
The city of Burlington has heretofore been served by the volunteer fire department. More recently, the city of Burlington has hired full-time fire department personnel. It is accordingly necessary to update the provisions of the Burlington Municipal Code dealing with the relationship of full-time and part-time personnel and to, further, delineate responsibilities. It is also necessary to create a civil service commission as required by the Revised Code of Washington. (Ord. 1487 § 1, 2002; Ord. 1224 § 1, 1993).
2.36.020 Establishment.
There is created a Burlington city fire department consisting of a fire chief and full-time firefighters acting as regular employees of the city. In addition there shall be a force of “volunteer” firefighters. The full-time and volunteer firefighters shall be under the direction, control and supervision of the fire chief, who is subject to the supervision of the mayor or the mayor’s designee. (Ord. 1487 § 1, 2002; Ord. 1224 § 2, 1993).
2.36.030 Fire chief.
The fire chief shall be appointed by the mayor upon the basis of qualifications and experience for such office and may be removed by the mayor. The chief’s position is specifically excluded from inclusion within the civil service as allowed by RCW 41.08.050. This exclusion shall apply to individuals appointed as fire chief after July 1, 1987. The fire chief is directly responsible to the mayor or the city administrator as the mayor’s designee. (Ord. 1487 § 1, 2002; Ord. 1266 § 2, 1994; Ord. 1224 § 3, 1993).
2.36.040 Powers and duties.
The fire chief shall be responsible for the administration and enforcement of the Uniform Fire Code and shall have all the powers granted, together with the duties imposed by the laws of the state and the ordinances of the city relating to fire departments of cities of the class to which the city now or hereafter belongs. The fire chief shall develop and administrate the Burlington fire department policies and procedures manual. These policies and standard operating procedures (SOP’s) shall be reviewed by the city attorney and city administrator prior to implementation.
A. Employee Appointment. The mayor of the city is the appointing authority. The mayor may authorize the fire chief to hire or promote such firefighting personnel as may be appropriate and necessary as budgeted for by the city council, or terminate fire department employees subject to the city personnel policy and procedures manual, personnel rules, union contract, and civil service regulations.
B. Organization. The fire department of the city shall consist of the following full-time paid personnel:
1. Fire chief;
2. Assistant chief/fire marshal; and
3. Such firefighters, both career and volunteers, and office staff as may be necessary to complete the mission of the fire department.
C. Discipline. The fire chief shall have the power to exercise disciplinary measures as stated in the city personnel policy and procedures manual, civil service rules, department regulations, and union contract. Discipline may be based on failure to meet standards set forth in personnel rules adopted by the city or in violation of such reasonable departmental rules, policies or procedures as shall be promulgated by the fire chief. The fire chief shall have the power to exercise, for cause, the following disciplinary measures:
1. Oral or written reprimand;
2. Suspension from duty, without pay, for periods up to but not exceeding 30 days;
3. Deferment of advancement in grade for periods up to, but not to exceed, three months;
4. Dismissal with the concurrence of the mayor.
D. Chain of Command. The fire chief shall be the officer in command in regards to the fighting of any fires or emergency situations within the city, or within the fire district. In the absence of the chief, this duty shall be delegated to the career fire marshal/assistant chief. In the absence of the career fire marshal/assistant chief, the chain of command shall be:
1. Assistant chief – volunteers;
2. Battalion chief – volunteers;
3. Captain – volunteers;
4. Senior career firefighter (senior in years as full-time employee of the Burlington fire department)/lieutenant – volunteers;
5. Senior volunteer firefighter, (senior in years as volunteer of the fire department).
E. Duties. The duties of the fire department shall be to care for all fire equipment and facilities and use their best effort to attend and extinguish all fires and respond to emergency situations to protect life and property and such other duties as may from time to time be prescribed by the mayor or council. (Ord. 1487 § 1, 2002; Ord. 1293 § 3, 1995; Ord. 1224 § 4, 1993).
2.36.050 Burlington volunteer firefighters.
A. Appointment. There shall be established an organization of citizens known as the “Burlington volunteer firefighters.” The fire chief may appoint such volunteer firefighters as may be appropriate and necessary for the proper performance of the duties of the fire department. Such an applicant for a position with the volunteer firefighters shall qualify for such an appointment under the rules established by the volunteer organization, those rules known as the “Bylaws of the Burlington Volunteer Firefighters.”
B. Response to Fire and Emergency Medical (First Responder) Calls. The Burlington volunteer firefighters organization of the city is authorized, as a governmental function of the city, to respond, while under the command of the fire chief or designee, with fire equipment of the city and fire equipment of any fire district in the possession of the Burlington fire department for such purposes, to all fire and emergency medical (first responder) calls within the city and also outside of the city within any fire district with which the city shall then have a written contract for fire protection and medical emergency response with said district. The Burlington volunteer firefighters are also authorized to respond to all fire calls rendering assistance in the form of “mutual aid” with another fire district or municipality, and subject to any terms of any said mutual aid contract.
C. Bylaws. The Burlington volunteer firefighters organization shall have authority to make such rules and regulations as may be consistent with the laws of the state and the ordinances and resolutions of the city, but the same shall be subject to the approval of the fire chief, mayor and Burlington city council. The volunteer firefighters shall receive such compensation for their services as may, from time to time, be provided for in the annual budgets of the city. Such compensation shall be paid quarterly, or as agreed by the finance director and fire chief.
D. Membership. The volunteer membership of the Burlington fire department shall not exceed 50 firefighters. (Ord. 1526 § 1, 2003; Ord. 1487 § 1, 2002; Ord. 1465 § 1, 2001; Ord. 1364 § 1, 1998; Ord. 1224 § 5, 1993).
2.36.060 Civil service commission – Created.
Pursuant to chapter 41.08 RCW there is created a civil service commission to exercise the powers and perform the duties established by such state law in connection with the selection, appointment and employment of police and firefighters for the city. Powers and terms of the civil service commission shall be as stated in chapter 2.28 BMC. (Ord. 1487 § 1, 2002; Ord. 1224 § 6, 1993).
2.36.070 Board of trustees of the volunteer firefighters and reserve officers relief and pension fund.
There is created and established, pursuant to law, a board of trustees of the volunteer firefighters and reserve officers relief and pension fund to be known as “the board of trustees of the volunteer firefighters relief and pension fund.” The board shall consist of the mayor or his/her designee, the city administrator, the city finance director, one city councilmember appointed by the mayor, the chief of the fire department, and one member of the volunteer firefighters organization as elected through the bylaws of the volunteer organization. (Ord. 1487 § 1, 2002; Ord. 1465 § 1, 2001).