[Enacted by § 2, L.L. No. 1-1970]
[§ 2, L.L. No. 1-1970; L.L. No. 3-1972; L.L. No. 18-1974; L.L. No. 2-1976; L.L. No. 2-1979; § 1, L.L. No. 9-1984;[1] § 9, L.L.
No. 1-1985; § 8, L.L. No. 3-1995]
A.
The Fire Chief shall be responsible for
the operation of the Fire Department.
B.
The Executive Deputy Fire Chief shall assume
the responsibilities, duties and authority of the office of Fire Chief
and shall act generally for and in place of the Fire Chief during
the absence of the Fire Chief.
C.
The Fire Chief shall be responsible for
the extinguishment and prevention of fires in the City of Rochester
and the necessary or incidental protection of life and property during
fires and other emergencies. The Fire Chief shall be on call and shall
personally supervise the extinguishment of any multiple-alarm fire
when so requested by the officer in charge at the fire scene.
D.
The Fire Chief shall be the head of the
Fire Department and shall have control of its administration. The
Fire Chief shall assign, station and transfer all personnel under
the Chief's jurisdiction. The Fire Chief shall be the appointing authority
for fire fighters and employees of the Fire Department.
E.
The Fire Chief has the power and it is
the Chief's duty to see that all rules and regulations relating to
the Fire Department are enforced and carried out; to issue subpoenas,
administer oaths and take affidavits with respect to all matters pertaining
to the Fire Department; and to perform such other duties as may be
prescribed by law or ordinance.
F.
The Fire Chief and members of the Fire
Department shall have the power to enter into and examine all buildings
and property as necessary to perform the duties imposed upon the Fire
Department and shall have the power to seek warrants where such are
constitutionally required.
[1]
Editor's Note: This local law was approved
at referendum 11-6-1984 and took effect 1-1-1986.
[§ 2, L.L. No. 1-1970; L.L. No. 7-1970; L.L. No. 15-1970; L.L. No. 3-1972; L.L. No. 18-1974; § 9, L.L. No. 1-1985]
It shall be the duty of the Fire
Marshal to see that all fire prevention codes and ordinances of the
Council and rules and regulations of the Fire Department are carried
out. The Fire Marshal shall investigate the cause, origin and circumstances
of every fire occurring within the City which is of suspicious character
or which involved loss of life or injury to persons or by which property
has been destroyed or substantially damaged.
[§ 2, L.L. No. 1-1970; L.L. No. 2-1977; § 1, L.L. No. 1-2006]
No person shall remain a member of
the Fire Department who has been convicted of any crime or has pleaded
guilty to any crime since the date he or she was appointed to the
Fire Department, with the exception of those misdemeanors arising
out of the use of motor vehicles.
[§ 2, L.L. No. 1-1970; § 1, L.L. No. 1-2006]
All the officers and members of the
Fire Department subject to the power of removal herein contained hold
their respective offices during good behavior or until by age or disease
they become permanently incapacitated to discharge their duties.
[§ 2, L.L. No. 1-1970; L.L. No. 3-1972; L.L. No. 18-1974; c. 966, L. 1977; § 2, L.L. No. 10-1984; § 10, L.L. No. 1-1985; § 9, L.L. No. 3-1995; § 1, L.L. No. 1-2006]
A.
The Fire Chief, on behalf of the City,
shall compensate any officer or member of the Fire Department who
is injured in the performance of his or her duties or who is taken
sick as a result of the performance of his or her duties so as to
necessitate medical or other lawful remedial treatment in the full
amount of his or her salary until his or her disability arising therefrom
has ceased, and in addition, the City shall be liable for all medical
treatment and hospital care furnished during such disability; provided,
however, and notwithstanding the foregoing provisions of this section,
that the City Health Officer or any physician appointed for the purpose
may attend any such injured or sick fire fighter from time to time
for the purpose of providing medical, surgical or other treatment
or for making inspections, and the City shall not be liable for salary
or wages payable to such fire fighter or for the cost of medical or
hospital care or treatment furnished after such date as the Health
Officer or such physician shall certify to the Fire Chief that such
injured or sick fire fighter has recovered and is physically able
to perform his or her regular duties in the Department. Any injured
or sick fire fighter who shall refuse to accept such medical treatment
or hospital care or shall refuse to permit medical inspections as
herein authorized, including examinations resulting from the application
of this section, shall be deemed to have waived his or her rights
under this section in respect to expenses incurred for medical treatment
or hospital care or salary or wages payable after such refusal.
B.
Notwithstanding any provision of law contrary
thereto contained herein or elsewhere, a cause of action shall accrue
to the City for reimbursement in such sum or sums actually paid as
salary or wages and/or for medical or hospital treatment as against
any third party against whom the fire fighter shall have a cause of
action for the injuries sustained.
C.
Notwithstanding any provisions of this
section or of any other general, special or local law, the payment
of the full amount of regular salary or wages, as provided herein,
shall be discontinued with respect to any fire fighter who is permanently
disabled as a result of any injury or sickness incurred or resulting
from the performance of his or her duties if such fire fighter is
granted an accidental disability retirement allowance pursuant to
§ 363 of the Retirement and Social Security Law, a retirement
for disability incurred in performance of duty allowance pursuant
to § 363-c of the Retirement and Social Security Law or
similar accidental disability pension provided by the pension fund
of which he or she is a member; provided, however, that in any such
case such fire fighter shall continue to receive, until such time
as he or she shall have attained the mandatory service retirement
age applicable to him or her or shall have attained the age or performed
the period of service specified by applicable law for the termination
of his or her service, the difference between the amounts received
under such allowance or pension and the amount of his or her regular
salary or wages. Any payment made pursuant to the provisions of this
section shall be deemed to have been made for a valid and lawful public
purpose. If application for such retirement allowance or pension is
not made by such fire fighter, application therefor may be made by
the Fire Chief. If such application is denied, the Fire Chief may
appeal such determination.
D.
Notwithstanding any provisions of this
section or of any other general, special or local law, if such a fire
fighter is not eligible for or is not granted such accidental disability
retirement allowance or retirement for disability incurred in the
performance of duty allowance or similar accidental disability pension
and is, nevertheless, in the opinion of such Health Officer or physician,
unable to perform his or her regular duties as a result of such injury
or sickness but is able, in his or her opinion, to perform specified
types of light duty, payment of the full amount of regular salary
or wages, as provided herein, shall be discontinued with respect to
such fire fighter if he or she shall refuse to perform such light
duty if the same is available and offered to him or her; provided,
however, that such light duty shall be consistent with his or her
status as a fire fighter and shall enable him or her to continue to
be entitled to his or her regular salary or wages, including increases
thereof and fringe benefits, to which he or she would have been entitled
if he or she were able to perform his or her regular duties.
E.
Notwithstanding any provisions of this
section or of any other general, special or local law, if such fire
fighter is not eligible for or is not granted an accidental disability
retirement allowance or retirement for disability incurred in the
performance of duty allowance or similar accidental disability pension,
he or she shall not be entitled to further payment of the full amount
of regular salary or wages, as provided herein, after he or she shall
have attained the mandatory service retirement age applicable to him
or her or shall have attained the age or performed the period of service
specified by applicable law for the termination of his or her service.
Where such a fire fighter retires or is retired under any procedure
applicable to him or her, he or she shall thereafter, in addition
to any portion of regular wages or salary and/or any retirement allowance
or pension to which he or she is then entitled, continue to be entitled
to medical treatment and hospital care necessitated by reason of such
injury or illness.
F.
Notwithstanding any provisions of this
section or of any other general, special or local law, the Fire Chief
may transfer such a fire fighter to a position in the same or another
agency or department where he or she is able to do so pursuant to
applicable civil service requirements and provided that the fire fighter
shall consent thereto.
G.
Notwithstanding any provisions of this
section or of any other general, special or local law, any fire fighter
receiving payments or benefits pursuant to this section, who engages
in any employment other than as provided for and allowed herein, shall,
on the commencement of such employment, forfeit his or her entitlement
to any payments and benefits hereunder, and any such payment or benefit
unlawfully received by such fire fighter shall be refunded to and
may be recovered by the City of Rochester in a civil action.
H.
(Reserved)
[§ 1, L.L. No. 16-2007]
Applicants for employment as firefighters
shall be required to have a fingerprint impression of fingers and
thumbs on both hands taken by the City. Such fingerprints and the
required fee shall be forwarded to the New York State Division of
Criminal Justice Services for a criminal history records check and
the Mayor is authorized to enter into an agreement for such purpose.
The information secured as a result of said records check shall be
reviewed by the Fire Chief, Director of Human Resource Management,
and the Corporation Counsel, or their designees, for recommendation
to the Civil Service Commission. If a prospective firefighter has
been convicted of a felony and/or a misdemeanor, any decision regarding
such prospective firefighter's fitness for a position must be made
upon a review of the factors contained in New York State Correction
Law §§ 751-753.
[1]
Editor's Note: Former § 8B-6, Charges
and trials of fire fighters, added by § 2, L.L. No. 1-1970,
as amended by L.L. No. 18-1974, and § 1, L.L. No. 9-1984,
was repealed by § 2, L.L. No. 2-1985.
[§ 2, L.L. No. 1-1970]
No officer or member of the Fire
Department is liable to military or jury duty or, while actually on
duty, to arrest on criminal or civil process.
[§ 2, L.L. No. 1-1970; L.L. No. 18-1974; repealed by L.L. No. 3-2002]
[§ 2, L.L. No. 1-1970; § 2, L.L. No. 11-1970; §§ 3,
4, L.L. No. 4-1973; L.L. No. 5-1974; L.L. No. 18-1974; L.L. No. 6-1976; repealed by L.L. No. 1-1977]
[§ 2, L.L. No. 1-1970; L.L. No. 18-1974; § 1, L.L. No. 1-2006]
Fire fighters who are members of
the arson squad authorized by the Fire Chief to conduct investigations
of fires shall have the authority and power to charge any person or
persons with the crime of arson or attempted arson and to arrest or
cause such person to be arrested and charged with such offense. Said
fire fighters shall be vested with the usual powers and authority
of police officers to command any person to assist in making any arrests
for the said crime of arson or attempted arson.
[§ 2, L.L. No. 9-1979; § 1, L.L. No. 6-1998]
There is hereby established a Firefighters'
Insurance Fund for the receipt of the proceeds of taxes and levies
against mutual or foreign insurance companies and certain excess lines
insurance brokers pursuant to §§ 122, 553 and 554 of
the Insurance Law of the State of New York. All amounts now held by
the City of Rochester from the proceeds of the foregoing state laws
are hereby transferred to this fund. Upon adoption of an ordinance
by Council, including the Budget Ordinance, approving the expenditure,
the Firefighters' Insurance Fund may be expended to reimburse the
annual costs of payments under the Fire Pension Fund and to pay stipends
to indigent and disabled firefighters who otherwise would not receive
these benefits. Upon adoption of an ordinance by Council, including
the Budget Ordinance, the remainder, or any part thereof, may be expended
for the use and benefit of the Fire Department. The Treasurer shall
receive the proceeds due the Firefighters' Insurance Fund and, with
the concurrence of the Director of Finance, shall invest the unencumbered
balance as permitted by state and local law. Upon appropriation of
the expenditure of portions of this fund by Council, the Fire Chief
shall be responsible for the proper administration of the funds so
appropriated, except that the Director of Human Resource Management
shall administer pension and disability funds.
[§ 1, L.L. No. 20-1981; § 1, L.L. No. 4-1984; § 1, L.L. No. 4-1988; § 1, L.L. No. 8-1992; § 1, L.L. No. 11-2002]
Any officer or firefighter assigned to the Fire Safety Division and any officer assigned to the Fire Suppression Division is hereby authorized to issue appearance tickets for violations of any state or local fire prevention code, the Alarm Systems Ordinance, the Property Conservation Code, the Building Code, § 20-16 of the Refuse Code, or code provisions relating to house numbering. Officers and members of the Fire Investigation Division are authorized to issue appearance tickets for violations of any state or local law involving the use of fire and/or an explosive or incendiary device.
