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City of Taunton, MA
Bristol County
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Table of Contents
Table of Contents
[Adopted as Rev. Ords. 1964, §§ 7-1 to 7-9, 7-12 to 7-18, 7-20 to 7-24, 7-26, 7-27, 7-29, 7-30, 7-32 and 14-13A (§§ 7-17 to 7-31.1, 7-32 to 7-45 and 7-48 of the 2010 Code)]
[Amended 7-11-2000]
The Committee on Fires and Wires shall supervise the administration of the Fire Department, except as limited hereafter. It shall also have the general supervision of the apparatus and machinery connected with the fire alarm systems, subject to any regulations for the use of the same, and shall locate the signal boxes.
[Amended 4-15-1975; 1-4-1983; 3-5-1985]
A. 
The Fire Department shall consist of the Chief of the Department, hereinafter called the "Chief," four Deputy Chiefs, seven captains, one master mechanic, 16 lieutenants, and 90 privates, all to be divided into companies as the number of engines, ladder trucks and other fire apparatus and equipment belonging to the City shall from time to time require.
B. 
They shall rank in the order named. Seniority as between officers of equal rank shall be determined by the length of service in that rank, the officer serving the longest to be the senior. When periods of service in rank are equal, seniority shall be determined by the length of permanent service in the Department. The Chief shall assign the various members of the Department to the various stations and companies, designate their duties, and shall, if the good of the service warrants, maintain a regular schedule of rotation for the personnel of the Department from company to company and station to station. There shall be two men in each company properly trained and instructed in driving and operating each piece of fire apparatus.
[Amended 11-12-1991]
The officers and members of the Department shall be appointed by the Municipal Council in accordance with civil service statutes applicable thereto.
[Amended 11-12-1991; 9-26-2000]
A. 
The Chief of the Fire Department shall be appointed by the Municipal Council in accordance with the civil service laws applicable thereto. The Fire Chief shall be the executive officer of the Department and shall perform all of the duties required by law and by ordinance and by the rules and regulations of the Department.
B. 
The salary of the Chief of the Fire Department shall equal 200% of a third-year firefighter's base pay and 200% of the hazardous duty and night differential. In addition to his/her salary, the Chief of the Fire Department shall be entitled to all of the privileges, benefits, and allowances to which members of the Fire Department are entitled by contract or otherwise.
[Amended 5-5-1992]
In the absence of the Chief and when requested by the Chief to do so, the Deputy Chief or captain who is first on the civil service promotional list for Fire Chief shall assume the executive duties of the Chief mentioned in this article. Any matter not of emergency nature shall await the return of the Chief of the Department. If no civil service promotional list exists, then the senior Deputy Chief shall assume such duties.
[Amended 5-5-1992]
A. 
In the case of the absence, illness or disability of the Chief and when requested by the Chief to do so, the Deputy Chief or captain who is first on the civil service promotional list for Fire Chief shall assume all the duties and authority of the Chief, and in case of the absence, illness or disability of the Chief and such Deputy Chief or captain who is first on the civil service promotional list for Fire Chief, the Deputy Chief or captain who is second on the civil service promotional list for Fire Chief shall assume all of the executive duties of the Chief. Any matter not of emergency nature shall await the return of the Chief of the Department.
B. 
If no civil service list exists, then the senior Deputy Chief shall assume such duties and authority.
The captains shall see that the motor vehicles, engines and apparatus committed to their care and buildings in which they are kept and all things appertaining thereto are neatly kept and are fully efficient for immediate use. They shall preserve and enforce order and discipline at all times in their respective companies and require a strict compliance with the provisions of these Revised Ordinances, ordinances of the City and rules and regulations of the Department. In case of the absence, illness or disability of one or more Deputy Chiefs, his/her or their duties and authority shall be assumed and performed by a captain or captains in the order of his/her or their seniority.
The lieutenants shall assume the duties and responsibilities of their captains in their absence and shall perform such other duties as may be assigned them by proper authority.
A. 
The Chief of the Fire Department may appoint, subject to confirmation by the Municipal Council, a mechanic who shall act as supervisor of motor vehicles and motor apparatus in the Department and who shall, under the direction of the Chief of the Fire Department, have full charge of repairs on all motor vehicles and motor apparatus used and employed in connection with the administration of the Fire Department and shall perform such other duties pertaining to the care, maintenance and repair of all motor vehicles and motor apparatus allocated and transferred or delivered to the Fire Department as the Chief of the Fire Department or any Deputy Chief thereof, duly authorized by the Chief, may direct.
B. 
The mechanic shall be subject to call at all times when services as mechanic are required.
The Chief may assign members of the Department to duty as clerk, telephone operators, aid to the Chief, inspectors and other special duty as may be required for the good of the service, but no such assignment shall interfere with the fire duty of the personnel so assigned, as fixed by the rules and regulations of the Department.
[Amended 7-11-2000]
The Chief may designate members of the Department to act as training officer, director of physical education and director of first aid, who may be the same person. Training schedules may be maintained for all members of the Department on the various equipment and apparatus. There shall be a schedule of physical exercise, and instructions shall be given in first aid. It shall be the duty of the member so designated to perform such duty as the Chief may direct but he shall respond to alarms of fire as assigned. All members of the Department shall be instructed in the location and sizes of all water mains and hydrants in the City. The location of the hydrants in the City shall be viewed by all members of the Department as part of their training. Self-contained breathing apparatus and first aid kits shall be provided for all motor apparatus, and proper training shall be given the members in the use thereof.
In case of fire, the Chief, or such subordinate officer or officers as he/she may designate, shall attend the fire. The Chief shall have sole control of fires over all other officers and members of the Department and shall direct all proper measures for the extinguishment of fires and the protection of life and property. The Chief may order any house or building to be torn down or demolished when he/she judges the same necessary to prevent the spread of fire and shall have full power and authority to order or cause any electric wire or wires to be cut or removed and the electric current therein discontinued until the fire is extinguished. In the absence of the Chief at a fire the officer next in rank who is present shall execute the duties of the office with the full powers of the Chief. Officers in charge of each company immediately upon arriving at a fire shall report to the chief officer there in command and shall direct the operations of his/her company and the apparatus and equipment thereof under the orders of such officer. The Police Department shall establish fire lines at fires and exclude all unauthorized persons therefrom. The senior officer in charge of every fire, before leaving the scene, when damage has been done to a building so that it cannot be locked up, unless the owner or occupant is present, shall see that the property is turned over for protection from unauthorized entry to an officer of the Police Department.
In addition to other inspections, the Chief or a Deputy Chief shall make periodical inspection of all apparatus, tools and equipment of the various stations and companies. Record of the inspection and findings of the inspecting officer shall be kept at each station.
[Amended 2-19-1985; 6-27-1989]
Inspection of oil burners and combustible fluids, as required by law, shall be performed by members of the Department assigned to such duty by the Chief, in compliance with the rules and regulations of the Department of Public Safety.[1]
[1]
Editor's Note: Original § 7-30.1, which immediately followed this section and pertained to inspection of tank trucks, added 2-19-1985, was repealed 6-27-1989.
The Chief shall cause examinations and inspections to be made of all buildings and places where combustible materials may be collected or deposited, as required by law, and whenever, in the Chief's opinion, the same are dangerous or liable to cause fire, the Chief may order the owner, tenant or occupant to remove the same. In case of neglect or refusal so to do the Chief may cause the same to be removed at the expense of the owner, tenant or occupant. No person shall obstruct the members of the Department or any of their agents in carrying out the provisions of this section. The Chief shall be vigilant in the enforcement of all laws and ordinances relating to the prevention of fires and shall cause prosecution to be instituted for any violation thereof.
[Added 4-13-1982; amended 2-19-1985; 6-27-1989]
In accordance with MGL c. 148, as recently amended, the Fire Department shall inspect dwelling units sold within the City with regard to the number and location of approved smoke detectors properly installed in such units.
All members of the Department while on duty shall wear authorized badges and uniforms of the Fire Department, as may be determined by the Chief. All such badges shall be furnished at the expense of the City. No person without such badge, except the Mayor, members of the Municipal Council, state officers and police officers, shall enter within the lines formed at a fire, without the permission of the officer in charge thereat. No person not a member of the Department shall wear such badge except upon authority of the Chief.
Any member of the Department who shall neglect or refuse to perform his duty, or be guilty of disorderly conduct, or conduct prejudicial to good order or discipline, or conduct unbecoming a member of the Department, or who is absent without leave, or disobedient to a superior officer, or guilty of cowardice, or shirking duty, or of any violation of the rules, regulations or ordinances governing the Department may be suspended by the Chief, who shall forthwith file a written report thereof, and charges against the member, with the City Clerk, addressed to the Municipal Council. Charges in writing may be filed with the Municipal Council against any officer or member of the Department by the Mayor, a member of the Municipal Council, an officer of the Department or any citizen. When charges are filed by the Mayor or a member of the Municipal Council, such person filing the charges may be excused from sitting in judgment thereon. The Municipal Council may by vote at any time remove, suspend for a definite period, demote, discipline or penalize any and all officers and members of the Department for just cause, in which case the City Clerk shall cause to be delivered to such officer or member a written notice thereof stating the action of the Council and the reasons therefor. In all cases of suspension or charges against an officer or member of the Department, the Municipal Council shall, in accordance with the provisions of the civil service laws, give a hearing thereon and take such action as it shall deem proper. Complete records of all suspensions, removals, disciplinary action and penalties against an officer or member of the Department shall be kept at headquarters.
[Amended 2-19-1985]
A. 
Copies of all reports and written orders made by the members of the Department shall be kept on file at fire headquarters. The Chief shall cause to be kept exact rolls of the respective companies setting forth the date of admission, age and discharge of each member, and the platoon assignment and duty assignment of each member of the Department. The Chief shall cause to be kept a full record of all fires occurring during the year in the City with the probable or known cause thereof, the number of fires, a description of buildings or property destroyed or damaged thereby, the names of the owners and occupants, the estimated damage or loss and the amount of insurance thereon. The officer in charge of each station shall keep, or cause to be kept, an exact roll of the members thereof, specifying the date of admission and discharge, the age of each member, the duty assigned to him/her and a record of all City property in his/her care and in the care of the several members or station. They shall keep records of all absences and neglect of duty of the members of their company. Such records shall be kept in books provided by the City, which shall be open to inspection by the Chief, the Committee on Fires and Wires and members of the Municipal Council. A roll shall be called of all officers and members of a platoon reporting for duty and being relieved from duty, a record of responses and absences kept and other important orders and conditions recorded, and a daily report of all officers or members absent or late shall be forwarded to fire headquarters. Any member reporting for duty after roll call shall be considered late and so recorded. Punctuality of all members in reporting for duty and being relieved therefrom shall be rigidly enforced.
B. 
Copies of all such reports and orders made hereunder, including fire incident reports and orders of warning, shall be provided to interested parties upon payment to the Chief of a fee of $5.
For the better government, discipline and good order of the Department the Chief shall recommend to the Committee on Fires and Wires from time to time rules and regulations, subject to the approval of the Municipal Council and not repugnant to the laws of the commonwealth or the ordinances of the City. The Chief shall file a recommendation on any matter referred to him/her by the Committee or by the Municipal Council. The Chief shall, at least once during his/her term of office, recommend for adoption rules and regulations for the Department. The Chief shall file an annual report with the Municipal Council at the end of each fiscal year. At such other times as the Committee or the Municipal Council may order, the Chief shall make a detailed report on any matter connected with the Department, with such recommendations as may enhance the efficiency of the Department. Officers in charge of companies shall make a full report to the officer in charge of the Department of all members of their companies, an accurate schedule of all property entrusted to their care and such other reports as may be requested of them. All officers on duty at a fire, in charge of apparatus, shall make a written report of the fire, including the probable or known cause thereof, and the names of the members of his/her company on duty, and to what extent the apparatus under his control was used, to fire headquarters.
The several companies of the Department shall parade for exercise and instruction at such times and places and in such manner as the Chief or Committee on Fires and Wires shall direct, but no company shall leave the City, with or without its apparatus, for excursions or other public occasions, except to attend a fire in an emergency, unless permission has been obtained from the Municipal Council, and for such time only as it may direct.
In case of fire in neighboring cities or towns, no member or company of the Department shall leave the City, with or without his or its apparatus, except by order of the officer in charge of the Department, who is hereby authorized to give such order. Such order shall not be given except in case of great emergency at the request of the officer in charge of the department of such city or town.
[Amended 12-23-1968; 3-25-1975]
A. 
The average weekly hours of duty in any year of the members of the Fire Department, other than hours during which such members may be summoned and kept on duty because of conflagrations, shall be 42 in number.
B. 
The schedule of daily working hours shall be established by rules and regulations as set forth by the Chief of the Department.
[Amended 9-21-1971; 1-27-1976; 7-11-2000]
Paid holidays shall be in conformance with the most recently agreed upon and signed contract with Taunton Firefighters Union Local 1391.
[Amended 12-23-1968; 7-11-2000]
Compensation for working out of grade shall be in conformance with the most recently agreed upon and signed contract with Taunton Firefighters Union Local 1391.
[Amended 7-28-1970; 9-21-1970; 7-11-2000]
Sick leave allowance shall be in conformance with the most recently agreed upon and signed contract with Taunton Firefighters Union Local 1391.
[Amended 12-13-1977; 1-31-1978; 7-11-2000]
Uniform allowance shall be in conformance with the most recently agreed upon and signed contract with Taunton Firefighters Union Local 1391.
[Amended 7-28-1970]
The City shall establish, equip and maintain a library of literature regarding firefighters' training and responsibilities.
[Added 6-4-2002; amended 6-1-2004; 3-5-2013]
A. 
Any individual, business, corporation, agency or unincorporated association who or which hires a fire detail shall be responsible for payment of the invoice for detail services within 30 calendar days from the date the service was provided or 30 days after an invoice for services is postmarked, whichever is later. Interest shall begin to accrue and be charged on any balance remaining unpaid after the expiration of the 30th day (as described above). Interest shall be charged beginning the 31st day and continuing each day thereafter at a rate of 14% per annum compounded daily.
B. 
Notwithstanding any other provision of these ordinances, any individual, business, corporation, agency, or unincorporated association who or which has had two or more delinquencies greater than 60 days in the past five years will be required to prepay any amount which, in the estimation of the Fire Chief, shall amount to approximately 75% of the anticipated cost of the detail work to be provided.
C. 
All applicants who apply for fire details shall sign a contract for services which contains the terms of this section. Failure to sign may result in denial of details and appropriate licenses or permits, but the failure of any applicant to sign such a contract shall not prevent the provisions of this section from applying to said applicant.