[HISTORY: Adopted by the City Council of the City of Colonial Heights 4-8-1975 as Ch. 11, Art. IV, of the 1975 Code. Amendments noted where applicable.]
CHARTER REFERENCES
Responsibility for public safety functions — See Sec. 11.1.
Fire Department — See Sec. 11.7.
GENERAL REFERENCES
Public Safety Program — See Ch. 59.
Retirement and employee benefits — See Ch. 69.
Ambulance service — See Ch. 96.
[Amended 4-14-1987 by Ord. No. 87-5; 10-9-2018 by Ord. No. 18-29]
A. 
The City of Colonial Heights Fire and EMS Department shall be responsible for fire fighting and emergency medical services in the City.
B. 
Wherever either the term "Fire Department" or "Department" appears in this chapter, it shall mean the Fire and EMS Department.
C. 
The Fire Department shall consist of such personnel, regular and volunteer, either or both, and having such ranks, as may from time to time be authorized by the City Council.
[Amended 8-17-1976 by Ord. No. 76-33]
The head of the Fire Department shall be the Fire Chief and shall be appointed by the City Manager.
[Amended 8-17-1976 by Ord. No. 76-33; 9-13-1988 by Ord. No. 88-34]
A. 
The Chief of the Fire Department, under the general supervision of the City Manager, shall be the commanding officer of the Fire Department and shall have the powers and perform the duties prescribed for his office by state law, the City Charter, this Code and other ordinances and resolutions of the City Council, and he shall be responsible for the:
(1) 
Administration, training, discipline and morale of the members of the Fire Department;
(2) 
Maintenance and good care of the equipment and apparatus of the Fire Department; and
(3) 
Efficient employment of personnel, equipment and apparatus of the Department for the prevention and extinguishment of fires and the provision of emergency medical services within the City.
[Amended 10-9-2018 by Ord. No. 18-29]
B. 
The Chief of the Fire Department shall serve as Fire Prevention Code Official and Fire Marshal.
[Amended 8-17-1976 by Ord. No. 76-33]
A. 
The Assistant Chief and other officers of the Fire Department shall have such powers and perform such duties as may be delegated to them by the Chief of the Fire Department. In the absence or disability of the Chief of the Fire Department, the Assistant Chief shall assume command of the Department and exercise the powers and perform the duties of the Chief.
B. 
The chain of command shall descend from the Chief through the Assistant Chief to the other officers and members of the Department in such order as shall be prescribed in the department regulations authorized in § 32-8, and, in the absence or disability of any officer or other member of the Department, the person next highest in the chain of command shall exercise the powers and perform the duties of the officer or other member so absent or disabled.
C. 
It shall be unlawful for any officer or other member of the Fire Department to refuse or neglect to obey any lawful order of his superior in the chain of command, and any person found guilty of a violation of this subsection shall be fined not to exceed $100.[1]
[1]
Editor's Note: For a state law penalty the same as the penalty provided in this subsection, see Code of Virginia, § 27-15.1:1.
It shall be the duty of the Chief of the Fire Department to hold, after due notice, a practice drill of not less than two hours at least once every month. It shall be the duty of each active member of the Fire Department to attend all practice drills the same as all fire alarms.
[Amended 10-9-2018 by Ord. No. 18-29]
The Fire Department and all members thereof shall have all the powers and perform all the duties prescribed for them, respectively, by the City Charter, this chapter and other ordinances and by state law, with particular reference to Article 1, Chapter 2, of Title 27 of the Code of Virginia (§ 27-6.01 et seq.).
The Fire Department and police officers of the City are hereby given the authority to stretch lines around any fire area, and no person shall be allowed within this enclosure except persons connected with the Fire or Police Department of the city, City officials, persons holding passes signed by authority of the Chief of the Fire Department and the owners or occupants of the buildings so enclosed, and it shall be unlawful for any other person to pass within any area so enclosed.
The City Manager, in consultation with the Chief of the Fire Department as a representative of the members of the Department appointed by the members, may from time to time promulgate and amend such regulations for the Fire Department, not inconsistent with state law, the City Charter, this chapter or any other ordinance or resolution of the City Council, as may be deemed appropriate for the government of the Fire Department or to implement the provisions of this chapter. Such regulations shall be in full force and effect when approved by resolution of the City Council and a true copy thereof has been placed on file in the office of the City Clerk and another true copy thereof has been placed on file in the office of the Chief of the Fire Department and is there made available to the members of the Department for inspection and use during all regular business hours, and it shall then be unlawful for any member of the Department to violate or fail to comply with any such approved regulation so filed at Department headquarters.
Pursuant to § 27-7 of the Code of Virginia, the City Council hereby empowers the members of the Fire Department to make bylaws to promote the purposes and objectives of the Department, not inconsistent with state law, the City Charter, this chapter or other ordinance or resolution of the City Council, provided that such bylaws shall not become effective until approved by resolution of the City Council.
[Added 2-13-2001 by Ord. No. 01-3[1]]
A. 
The Chief of the Fire Department shall be the Fire Marshal.
B. 
Within the Fire Department, there shall be appointed, by the Fire Marshal, such deputies and assistants as may be necessary. These deputies and assistants shall have the same powers and perform the same duties as the Fire Marshal, at his direction or in his absence. The Fire Marshal, his deputies and assistants shall be responsible for the enforcement of the Fire Prevention Code referenced by Chapter 128 of this Code, this chapter, and related laws of the City and state, and for the investigation and prosecution of all cases of alleged arson and other fire-related incidents suspected to involve criminality.
C. 
In making such investigations, the Fire Marshal, his deputies and assistants may issue a summons directed to the Sheriff of the City commanding him to summon witnesses to attend before the Fire Marshal, or his authorized designee, at such time and place as he may direct. Any such officer to whom the summons is delivered shall forthwith execute it and make return thereof to the Fire Marshal, his deputy or assistant, at the time and place named therein. Any witnesses on whom such summonses are served may be compelled by the Fire Marshal, his deputy or assistant, to attend and give evidence and shall be liable in like manner as if the summonses had been issued by a Magistrate in a criminal case. They shall be sworn by the Fire Marshal, his deputy or assistant, before giving evidence, and their evidence shall be reduced to writing by him or under his direction and subscribed by them, respectively.
D. 
The Fire Marshal, his deputies and assistants, before entering upon their duties, shall respectively take an oath, before any officer authorized to administer oaths, faithfully to discharge the duties of such office. A certificate of the oath shall be returned to and preserved by the City Clerk.
E. 
The Fire Marshal, his deputies and assistants shall have the authority to arrest, to procure and serve warrants of arrest and to issue summons in the manner authorized by general law, for violation of fire prevention and fire safety laws and related ordinances and laws of the City and state. The authority granted in this section shall not be exercised until such person has satisfactorily completed a training course for firemarshals and their assistants, which course shall be approved by the Virginia Fire Services Board.
F. 
The Fire Marshal and his designated deputies and assistants shall have the same police powers as a Sheriff, police officer or law enforcement officer. The investigation and prosecution of all offenses pursuant to Title 27 of the Code of Virginia, as amended, shall be the responsibility of the Fire Marshal or his designee. The investigation and prosecution of all offenses involving hazardous materials, fires, fire bombings, bombings, attempts or threats to commit such offenses, false alarms relating to such offenses, possession and manufacture of explosive devices, substances and fire bombs shall be the responsibility of the Fire Marshal or his designee. The police powers granted in this section shall not be exercised by the Fire Marshal or any deputy or assistant until such person has satisfactorily completed a course designed for fire marshals with police powers, and approved by the Virginia Fire Services Board. In addition, such person with police powers shall continue to exercise those powers only upon participation in, and satisfactory completion of, in-service and advanced courses and programs as shall be required and approved by the Virginia Fire Services Board.
G. 
The Fire Marshal, his deputies and assistants shall have the authority to exercise the powers authorized by the Fire Prevention Code.
[1]
Editor's Note: This ordinance became effective upon passage on first reading as an emergency measure.
[Added 2-13-2001 by Ord. No. 01-3[1]]
The Fire Marshal, his deputies and assistants shall have the right to enter upon any property from which a release of any hazardous material, hazardous waste or regulated substance, as defined in §§ 10.1-1400 or 62.1-44.34:8 of the Code of Virginia, has occurred or is reasonably suspected to have occurred and which has entered into the ground water, surface water or soils of the city, in order to investigate the extent and cause of any such release. If, in undertaking such an investigation, the Fire Marshal, his deputy or assistant makes an affidavit under oath that the origin or cause of any such release is undetermined and that he has been refused admittance to the property, or is unable to gain permission to enter the property, any magistrate of the City may issue an investigation warrant to the Fire Marshal, his deputy or assistant authorizing him to enter such property for the purpose of determining the origin and source of the release. If the Fire Marshal, his deputy or assistant, after gaining access to any property pursuant to such investigation warrant, has probable cause to believe that the release was caused by an act constituting a criminal offense, he shall discontinue the investigation until a search warrant has been obtained or consent to conduct the search has otherwise been given.
[1]
Editor's Note: This ordinance become effective upon passage on first reading as an emergency measure.
[Added 6-21-2002 by Ord. No. 02-22[1]]
A. 
Pursuant to Code of Virginia § 32.1-111.14, it is hereby determined and declared that the exercise of the powers and duties set forth herein is necessary to assure the provision of adequate and continuing emergency services and to preserve, protect and promote the public health, safety and general welfare.
B. 
Definitions. The following definitions shall apply to ambulance charges:
BASIC LIFE SUPPORT (BLS) — Services shall be medical treatment or procedures provided to a patient as defined by the National Emergency Medicine Services (EMS) Education and Practice Blueprint for the Emergency Medical Technician (EMT)-Basic.
ADVANCED LIFE SUPPORT LEVEL 1 (ALS-1) — Services shall be medical treatment or procedures provided to a patient beyond the scope of an EMT-Basic as defined by the National EMS Education and Practice Blueprint.
ADVANCED LIFE SUPPORT LEVEL 2 (ALS-2) — Services shall be defined as advanced life support (ALS) services provided to a patient including any of the following medical procedures: manual defibrillation/cardioversion, endotracheal intubation, central venous line, cardiac pacing, chest decompression, surgical airway, or intraosseous line, and the administration of three or more medications.
LOADED MILEAGE (LM) — Shall be assessed in statute mile from the location where the patient is picked up to a hospital or other facility where a patient is transported.
C. 
The schedule of rates for emergency ambulance transport services by the City of Colonial Heights shall be as follows:
[Amended 6-14-2005 by Ord. No. 05-10; 5-14-2013 by Ord. No. 13-4]
Service
Fee
BLS
$450.00
ALS-1
$550.00
ALS-2
$800.00
LM
$10.00 per loaded mile in addition to transport charges
D. 
The Chief of the Fire and EMS Department is hereby authorized and directed to establish rules and regulations for the administration of the charges imposed by this section, including, but not limited to, a subscription program for City residents and payment standards for those persons who demonstrate economic hardship, as permitted by applicable law.
[1]
Editor's Note: This ordinance stated that it would be in effect for all emergency ambulance transports as of 9-1-2002.
[Added 10-11-2005 by Ord. No. 05-23; amended 10-9-2018 by Ord. No. 18-29]
Pursuant to the authority of Code of Virginia, § 40.1-79.1, the City hereby authorizes any minor 16 years of age or older who resides in the Commonwealth of Virginia, and is a member of a volunteer fire company within the City of Colonial Heights, with parental or guardian approval, to seek certification under National Fire Protection Association 1001, level one, firefighter standards, as administered by the Department of Fire Programs and work with or participate fully in all activities of such volunteer fire company, provided such minor has attained certification under National Fire Protection Association 1001, level one, firefighter standards, as administered by the Department of Fire Programs. The certification record and consent for each participant shall be kept on file in the office of the City of Colonial Heights Fire and EMS Department.
[Added 10-9-2018 by Ord. No. 18-29]
A. 
Pursuant to Paragraph A.35 of Virginia State Code § 19.2-389, the Colonial Heights Fire and EMS Department shall request and receive criminal history record information on any applicants for employment, including applicants conditionally accepted for employment, whose position requires that they enter the homes of others. The Department Chief or his designee shall consider each applicant's criminal history record information in determining whether the applicant's prior criminal conduct, if any, is incompatible with employment with the Department. The Chief or his designee shall have broad discretion in determining whether an applicant's prior criminal conduct is incompatible with employment with the Department. The criminal history record information shall be considered confidential, shall be used solely to assess a person's fitness for employment with the Department, and shall be disseminated only to individuals involved in the assessment process.
B. 
As part of the Department's criminal background check for any applicant for employment whose position requires that he enter the homes of others, the applicant shall be fingerprinted by an agency the Chief designates and provide other descriptive information that the Chief requests. The applicant's fingerprints and other descriptive information shall be processed through the Virginia Central Criminal Records Exchange.
C. 
Any person applying to be a volunteer member of the Department shall be subject to the criminal background check specified in Subsections A and B above.