[Adopted 3-3-2011 by Ord. No. 2011-01[1]]
[1]
Editor’s Note: This ordinance also repealed former Art. II, Fire Department, adopted 10-15-2009 by Ord. No. 2009-15.
Pursuant to § 27-6.1 of the Code of Virginia, there is hereby established as a department of the City government a single fire and EMS (rescue) department to be known as the "Lexington Fire Department" (also known as "Fire-Rescue Department").
A. 
Pursuant to § 27-6.1 of the Code of Virginia, the head of the Department shall be known as the Chief. The Chief shall be an employee of the City and shall be appointed by and under the direction and control of the City Manager. The Fire - Rescue Department shall be subject to the direction and control of the Chief.
B. 
In addition to the Chief and any other employees of the Department created by City Council, the Fire - Rescue Department shall be composed of volunteers who have been organized into a volunteer organization known as the Lexington Fire Company ("the Company"). The Company shall be a component part of, and belong to, the Fire - Rescue Department. The Company shall be subject to the direction and control of the Chief. The Company shall be subject to the laws of the commonwealth, the ordinances and rules and regulations of the City and policies or standard operating procedures of the Department. No other volunteer fire company shall be established in the City without the prior approval of City Council.
A. 
The Fire Company shall make and adopt bylaws (regulations) not in conflict with the laws of the state nor the provisions of the Code, other ordinances or regulations of the City or policies and standard operating procedures of the Department and shall submit them for approval by the Lexington City Council prior to their adoption. A copy of such adopted bylaws shall be filed with the Clerk of the Council.
B. 
Members of the Fire Company shall be active, able-bodied persons of not less than 18 years of age, except for junior members authorized in § 32-17, and shall number not fewer than 25 nor more than 90.
C. 
At the regular meeting in June of each year, the Lexington Fire Company will nominate, by elections, all officers required or allowed by the bylaws. It shall be the duty of the Chief to communicate these nominations to the City Council no later than July 15 for confirmation.
D. 
The volunteer company is hereby authorized to organize and conduct itself for social purposes.
A. 
The Chief shall be a department head of the City and shall have such power and authority over the Fire - Rescue Department as designated by this article.
B. 
The Chief shall be responsible for the firehouse and all fire-fighting and EMS equipment and shall keep such in good condition.
C. 
The Chief shall be responsible for the efficient operation of the Fire - Rescue Department and shall have authority to make and enforce reasonable rules and regulations not in conflict with the state laws or the provisions of this Code or other City ordinances or policies. However, at and during a fire and fire drills, the authority of the Chief shall be supreme and unrestricted. Further, while any fire/EMS department or fire/EMS company is in the process of answering an alarm or operating at an emergency incident where there is imminent danger or the actual occurrence of fire or explosion or the uncontrolled release of hazardous materials which threaten life or property and returning to the station, the chief, director, or other officer in charge of such fire/EMS department or company at that time shall have the authority to maintain order at such emergency incident or its vicinity; direct the actions of the fire fighters or emergency medical services personnel at the incident; notwithstanding the provisions of §§ 46.2-888 through 46.2-891 of the Code of Virginia, keep bystanders or other persons at a safe distance from the incident and emergency equipment; facilitate the speedy movement and operation of emergency equipment and fire fighters or emergency medical services personnel; cause an investigation to be made into the origin and cause of the incident; and until the arrival of a police officer, direct and control traffic in person or by deputy and facilitate the movement of traffic. The Chief, director, or other officer in charge shall display his fire fighter's or emergency medical services personnel's badge, or other proper means of identification. Notwithstanding any other provision of law, this authority shall extend to the activation of traffic control signals designed to facilitate the safe egress and ingress of emergency equipment at a fire/EMS station. Any person or persons refusing to obey the orders of the Chief, director, or his deputies or other officer in charge at that time shall be guilty of a Class 4 misdemeanor. The Chief, director, or other officer in charge shall have the power to make arrests for violation of the provisions of this section. The authority granted under the provisions of this section may not be exercised to inhibit or obstruct members of law-enforcement agencies or rescue squads from performing their normal duties when operating at such emergency incident, nor to conflict with or diminish the lawful authority, duties and responsibilities of forest wardens, including but not limited to the provisions of Chapter 11 of Title 10.1 of the Code of Virginia. Personnel from the news media, such as the press, radio and television, when gathering the news may enter at their own risk into the incident area only when the officer in charge has deemed the area safe and only into those areas of the incident that do not, in the opinion of the officer in charge, interfere with the fire/EMS department or fire fighters or emergency medical services personnel dealing with such emergencies, in which case the Chief or other officer in charge may order such person from the scene of the emergency incident.
D. 
The Chief shall submit an annual report to the City Manager no later than August 15 of each year. This report will state the number of alarms answered, location, as to county or City, and condition of vehicles and equipment, together with any recommendations the Chief may have.
E. 
In January of each year, the Chief shall submit to the City Manager a budget request for the next fiscal year.
F. 
The Chief shall have full power and authority to suspend or dismiss any member of the department for disobedience of orders, misconduct on duty, neglect of duty, disregard of authority or conduct unbecoming for a member of the Department.
A. 
All funds received by the Fire Company by donation or from any other sources outside the City will be held by the City, separately accounted for, and will be subject to the City's appropriation process. All donated funds will be used exclusively for the purposes of the Lexington Fire Department or EMS purposes as designated and will not be spent without the approval of the Lexington Volunteer Fire Company. Any designated gifts will be reserved for the purposes so designated. All existing donated funds currently held by the Rescue Squad as reserve funds shall remain in a separate account designated exclusively for EMS purposes.
B. 
All funds expended for the operations of the Fire - Rescue Department shall have been appropriated by the City Council and approved for payment by the Chief and City Manager or designee.
C. 
All funds expended for the operations of the Fire - Rescue Department shall have followed the approved purchasing policy of the City.
Each member who properly responds to an alarm shall be entitled to receive an amount established in the annual appropriations resolution as token compensation for expenses incurred which shall be paid annually in June from an attendance roster certified by the Chief or on a more frequent basis if authorized by the City.
All vehicles and equipment of the Fire - Rescue Department shall be the property of the City, and the Chief of the fire company shall be responsible for their custody and maintenance.
The officers of the Fire - Rescue Department are hereby empowered during the time of fire with the powers and functions of police officers and in such capacity may do all things necessary for public safety.
The Chief, or the officer or acting officer commanding in his absence, may direct the pulling down or destruction of any fence, house or anything which he may judge necessary to be pulled down or destroyed to prevent the further spread of fire, and for this purpose he may require such assistance from all present as he shall judge necessary.
It shall be unlawful for any person to interfere with any fire fighter or EMS personnel in the discharge of his duties.
It shall be unlawful for any person, except fire fighters or their guests, to loiter about the fire station or buildings or equipment of the Fire - Rescue Department.
It shall be unlawful for any person to maliciously damage any apparatus or equipment belonging to the Fire - Rescue Department.
A. 
Subject to any restrictions that may be adopted by the volunteer fire companies or the City, any person who is 16 years of age or older, after first obtaining his parent's or legal guardian's approval in writing, is authorized to work with or fully participate in all activities of the region's volunteer fire companies, provided that such person has attained certification under the National Fire Association NFPA 1001, Level One, fire fighter standards, as administered by the Virginia Department of Fire Programs and/or appropriate EMS certification for the activities performed in accordance with Virginia OEMS regulations. The certification record and parent or guardian consent shall be kept on file in the office of the volunteer Fire - Rescue Department for each participant who is enrolled pursuant to this section.
B. 
Any trainer or instructor of such persons mentioned in Subsection A of this section and any member of a Fire - Rescue Department who supervises any such persons shall be exempt from the provisions of § 40.1-103 of the Code of Virginia when engaged in activities of a volunteer fire company, provided that the fire department has purchased insurance which provides coverage for injuries to or the death of such persons in their performance of activities under this section.
For the purpose of fulfilling the provisions of §§ 15.1-136.1 through 15.1-136.7, Code of Virginia of 1950, as amended, titled "Line of Duty Act,"[1] the City Fire - Rescue Department is hereby recognized as an integral part of the official safety program of the City.
[1]
Editor's Note: See Code of Virginia, § 9.1-400 et seq.