[Adopted FCB 12-21-2005, effective 1-1-2006 (Title 2, Ch. 2.56, of the 1986 Code)]
The Fire Department shall consist of one Fire Commissioner,
three Deputy Chiefs, eight District Chiefs, one Supervisor of the
Fire Alarm, one Assistant Supervisor of the Fire Alarm, one Supervisor
of Repairs, one Assistant Fire Repair Supervisor, one administrative
assistant, one Supervisor of the Bureau of Fire Prevention, and such
number of assistant inspectors of the Bureau of Fire Prevention as
may be appointed by the Fire Commissioner, and such number of permanently
employed members as may from time to time be authorized, all of whom
shall be appointed by the Fire Commissioner.
Subject to such rules as may be prescribed by the Civil Service
Commissioners of the commonwealth, all appointments to the Fire Department,
except the Fire Commissioner, shall be made by the Fire Commissioner.
A.
No person shall be a member of the Fire Department unless he is at
the time a citizen of the City, and not less than 21 years of age.
B.
No person fully or permanently employed by the state or by the City
in any other department shall be a member of the Fire Department,
and any member of the Fire Department accepting a position requiring
him to be so employed or removing from the City shall be considered
thereby to have resigned his membership in the Fire Department.
The composition of the various companies of the Fire Department,
and the duties of all the officers and members of the Fire Department,
shall be such as the Fire Commissioner may from time to time determine
and establish.
A.
A City
employee who is performing, pursuant to assignment, temporary intermittent
service in a position occupied by incumbent, which incumbent is classified
in a grade higher than the grade of the position in which the performing
employee performs regular service, and an employee occupying a vacant
position of higher rank, shall be compensated for such service at
the rate to which he would be entitled had he been promoted to such
position.
B.
Compensation under this section shall be payable to the employee
only for each full hour in which he so performs.
C.
A period of performance of less than one hour in the course of a
working day shall not be compensable; however, if the same employee
is required to perform for two or more periods in a day, regardless
of duration, he shall be compensated for time spent in the out-of-grade
position. Notwithstanding the above, an employee so serving in a position
of higher grade as aforesaid shall receive a minimum of $0.30 per
hour of service.
D.
The provisions of this section do not apply to uniformed members
of the Fire Department.
It shall be the duty of the Fire Commissioner to make a report
in writing to the Building Commissioner and Police Commissioner of
any violations coming to his notice of any provision of any ordinance
of the City establishing a fire district and regulating the construction
of buildings, and he shall perform such other duties as the Mayor
shall from time to time prescribe. He shall devote his whole time
to the interests and business of the Department.
A.
In case of the Fire Commissioner's absence from the City, vacancy
of office or disability from any cause to perform his duties, his
powers shall vest in and his duties devolve upon the senior Deputy
Chief.
B.
In case of the absence from the City or disability to perform such
duties on the part of both the Fire Commissioner and the senior Deputy
Chief, the senior officer by date of appointment shall be Acting Fire
Commissioner.
So many of the members permanently employed as the Commissioner
may from time to time determine shall hold the ranks of Captain and
of lieutenant.
A.
There shall be established and maintained, under the direction of
the Fire Commissioner, a suitable record system which shall contain
all possible information concerning the efficiency and desirability
of each individual member of the Department.
B.
All conspicuous acts and conduct of any permanent member shall be
made a matter of record, and all records shall show the date of each
entry, and the date of any occurrence referred to therein, and the
entry of any occurrence shall be made within two weeks thereafter
and shall be signed by the Fire Commissioner.
C.
These records shall be accurately copied into a book permanently
bound and kept for that purpose, within five days next after the entry
is made by the Fire Commissioner, which book shall remain at all times
in the custody of the Fire Commissioner or such representative as
he may appoint.
D.
These individual records shall be compared and considered at least
once in six months by the Fire Commissioner, who shall justly assign
each member to his proper class in accordance with such record.
E.
Any change in the standing of members shall be noted with the reasons
for the same and copied as already provided.
F.
New members serving a six-month probationary period shall be considered
at the expiration of two months and again at the expiration of five
months, at which latter time the Fire Commissioner shall forward to
the Mayor, in each case, a recommendation as to their continuance
in the service or otherwise.
A.
Full pay during disability. Any member of the Fire Department in
active service who is injured, becomes ill or is disabled while in
the performance of his duties as a member of the Department shall
receive his full pay from the City during his temporary injury, illness
or disability, if the injury, illness or disability renders him temporarily
unable to attend to his regular duties, not to exceed 12 weeks in
all for each such injury, illness or disability.
B.
Extending time for receiving full pay. The time for receiving full
pay during a temporary injury, illness or disability may be extended
beyond such twelve-week period for each injury, illness or disability
at the discretion of the Commissioner.
C.
Giving notice of injury; evidence of validity of claims.
(1)
Members of the Fire Department shall give notice in writing, or cause
notice to be given to their respective District Fire Chief, in all
cases of injury, illness or disability, within three days of the date
of the occurrence claimed to be the cause of the injury, illness or
disability, and all such claims shall be submitted to the Fire Commissioner
for his approval.
(2)
The Fire Commissioner is empowered to take such steps and require
such evidence as he deems necessary to be satisfied of the validity
of the claim for injury, illness or disability.
A.
Full pay during disability; denying sick relief.
(1)
Any member of the Fire Department in active service who suffers an
injury, illness or disability not connected with the performance of
his duties as a member of such department shall receive his full pay
from the City during his temporary injury, illness or disability,
if the injury, illness or disability renders him temporarily unable
to attend to his regular duties, not to exceed a total of 12 weeks
in any twelve-month period.
(2)
The Fire Commissioner is directed and empowered, if the injury, illness
or disability is self-inflicted or self-imposed, or if there is any
other good cause, to deny a member of the Department sick relief under
this section.
B.
Extending time for receiving full pay. The time for receiving full
pay during any temporary illness, injury or disability may be extended
beyond such total twelve-week period at the discretion of the Fire
Commissioner.
C.
Giving notice of injury; evidence of validity of claim.
(1)
Members of the Fire Department shall give notice in writing or cause
notice to be given to the Fire Commissioner in all cases of injury,
illness or disability within three days of the date of the commencement
of such injury, illness or disability, and all such claims shall be
submitted to the Fire Commissioner for his approval.
(2)
The Fire Commissioner is empowered to take such steps and require
such evidence as he deems necessary to be satisfied of the validity
of the claim for injury, illness or disability.
In case any member, injured, ill or disabled fails to give notice in writing or cause notice to be given to the Commissioner of the Fire Department; as required by §§ 27-86C and 27-87C, within the required three days, such failure may be disregarded by the Commissioner in awarding payments during injury, illness or disability if, in the discretion of the Commissioner, he is of the opinion that equity and fairness require it.
Subject to the laws, rules and regulations of the commonwealth
relating to the civil service, any officer or member of the Fire Department
may, at any time, be suspended, removed or discharged by the Fire
Commissioner.
The Supervisor of the Fire Alarm shall perform all duties designated under the provisions of Chapter 276 of the Acts of 1900, as amended, and also the duties specified in § 27-34, relating to the police signal system.
The Supervisor of Repairs shall have general charge of the care
and repairs of the apparatus and equipment of the Fire Department,
subject to such rules and regulations as the Commissioner may from
time to time prescribe.
A.
Physical examinations. Every person recommended or petitioning for
a pension under the provisions of MGL c. 32, §§ 81A
and 81B, shall be examined by a medical panel consisting of three
physicians, as provided in MGL c. 32, § 85F.
B.
Statement of cause of disability. When any member of the Fire Department
makes application for a pension because of a permanent disability
incurred in discharge of his duties as a fireman, the Fire Commissioner
shall forthwith furnish to the Mayor a written statement of the circumstance
under which the disability of the applicant for pension was incurred
and the source of his information.
The Fire Commissioner may, at his discretion, at the expense
of the City, reimburse any member of the Fire Department for damage
to his clothing received while on duty.
Every officer and member of the Fire Department shall cause
to be installed at his home means of communication by telephone which
shall be satisfactory to the Chief of the Fire Department or the officer
lawfully exercising his powers.
No engine or any part of the apparatus belonging to the Fire
Department shall be taken from the City at any time, except for the
purpose of having the same repaired; provided, however, that in case
of a fire and such other emergencies or potential public disasters
that might arise in a neighboring town, city or area under federal
jurisdiction, the Chief may order any engine, or any of such apparatus,
to be taken to such town, city or area under federal jurisdiction
for the purpose of assisting in the extinguishing of such fire.
No person not a member of the Fire Department or the Police
Department shall, without the authority of some one of the officers
of one of such departments, willfully remain or enter upon such part
of any street, lane, alley or any other public or private area as
is by the authority of the officers of either of such departments
roped off, barricaded or plainly designated in any way for the use
of the Fire Department and/or Police Department in extinguishing a
fire or handling any other public safety emergency, or for the protection
of persons present at any fire or other public safety emergency.
A.
No person shall, without authority from the Supervisor of the Fire
Alarm, open, or in any way interfere with, break or injure a signal
box, wire or anything connected with the fire alarm apparatus, except
for the purpose of giving an alarm in case of fire.
B.
No person shall willfully or without cause destroy, injure or deface
a signal box, wire or any other thing connected with the fire alarm
apparatus.
No person shall throw or put, or cause to be thrown or put,
any snow or ice or any other thing or material upon or against any
fire hydrant in any street, lane, alley, park or common in the City.
A.
No person shall permit a vehicle in his charge or control to remain
unattended within the limits of private ways furnishing means of access
for fire apparatus to any building.
B.
If any vehicle is found upon any private way in violation of this
section, and the identity of the driver cannot be determined, the
owner or person in whose name such vehicle is registered shall be
held prima facie responsible for such violation.
