[HISTORY: Adopted by the Town Meeting of the Town of Dudley 10-28-2002 by Art. 16 (Art. 40 of the 1952 General Bylaws). Amendments noted where applicable.]
Unless a contrary intention clearly appears, the terms used in this bylaw shall be construed as follows:
CHIEF
The head of the Fire Department.
DEPARTMENT
The Fire Department.
EMPLOYEES
All the personnel of the Fire Department other than the members of the uniformed firefighting force.
FIRE OFFICIALS OR OFFICERS
The Chief, the Deputy Chief(s), the captains, and the lieutenants.
FIREFIGHTER
A uniform member with the lowest rank, also know as "private."
UNIFORM MEMBER
A member of the uniformed firefighting force, including all officers and firefighters.
Under the authority of the Home Rule Amendment of the Massachusetts Constitution there is hereby established under the jurisdiction of the Board of Selectmen a department to be known as the "Fire Department" (hereinafter "Department").
It shall be the function of the Department to provide fire protection, firefighting, ambulance services, and other emergency services to the Town; to carry out the fire prevention duties described by the General Laws and the Fire Prevention Code; and to investigate fires.
The Department shall consist of the Chief and such other full-time members and employees as the Board of Selectmen shall authorize, subject to appropriation by Town Meeting. The Board of Selectmen shall be the appointing authority for all full-time members and employees through a committee established by the Board of Selectmen.
It shall be the duty and responsibility of the Chief:
A. 
To perform all duties prescribed by Chapters 48 and 148 of the General Laws and by rules and regulations of the Department;
B. 
To provide fire protection, firefighting, fire prevention, ambulance services, and other emergency service for the Town, including but not limited to salvage and overhauling operations;
C. 
To examine the condition of all property of the Department and to cause the same to be kept in good condition and repair and ready for immediate service;
D. 
To have care and custody of all equipment and supplies of the Department;
E. 
To inspect the fire companies and equipment;
F. 
To train the uniform members and the fire companies in fire and ambulance operations and to provide each uniform member with a manual containing the rules and regulations of the Department and pertinent bylaws and to enforce the same;
G. 
To maintain discipline within the Department;
H. 
To assign uniform members and employees to duties and tasks;
I. 
To schedule uniform members and employees for work;
J. 
To conduct the inspection prescribed in the General Laws and the Fire Prevention Code;
K. 
To maintain adequate books and records and inventory of Department equipment and supplies in such detail to furnish all information necessary for the operation of the Department and to permit analysis and report to the Board of Selectmen;
L. 
To prepare the Department budget for submission to the Board of Selectmen;
M. 
To administer the Department; and
N. 
To perform such other duties as may be prescribed by law.
The Chief or, in his absence, the officer in charge shall have sole command at the location of any fire or during the emergency response to any release of hazardous materials over all members of the Department and all other persons who may be present and shall have authority to direct all measures for the extinguishment of fires, protection and preservation of property and life, preservation of order and the observance of laws, bylaws and rules and regulation respecting fires or hazardous materials at such incidents.
The Chief is authorized to extend such aid as he may deem necessary to another city, town, fire district or area under federal jurisdiction for extinguishing fires therein. The Chief shall notify the Town Administrator of any aid outside of the Town of Dudley.
A. 
It shall be the duty of the Chief to have the Department conduct fire inspections and to assign uniform members to conduct such inspection.
B. 
Any uniform member, while making such inspection, shall be in uniform and wear the badge of the Department.
C. 
Records of these inspections shall be kept at the office of the Chief and shall be available for inspection by the Board of Selectmen.
D. 
The Chief, in his annual report, shall give the results of these inspections, stating the number of inspections made and a list of cases requiring the enforcement of the provisions of the Fire Prevention Code.
A. 
The Chief shall determine the time and manner of excusing uniform members of the Department from duty. A member so excused shall be exempt from duty and from attendance at a fire station or other place, but otherwise shall be subject to all laws and rules and regulations relating to a uniform member of the Department.
B. 
The Chief shall have the authority, whenever in his judgment any public emergency or any demand for the services of the Department requires, to prevent any uniform members of the Department taking time off when the member is entitled thereto at the time assigned therefor or to recall such uniform member back to duty for such duration and to such extent as the Chief deems necessary.
No full-time member of the Department shall, during off-duty hours, enter the employ of any persons, firm, or corporation, or engage in any gainful occupation, without the express written permission of the Chief. In granting of any such permission, the Chief shall first determine that:
A. 
Such employment or occupation is not incompatible with the full-time member's employment as a firefighter nor does it tend to bring the Department into disrepute.
[Amended 6-22-2020 by Art. 11]
B. 
Such employment or occupation will not impair the full-time member's efficiency.
Notwithstanding any contrary provisions of the bylaws, uniform members of the Department, if so authorized by the officer in charge, may direct traffic as may be required to permit fire vehicles to leave or enter a firehouse or to park at the scene of any emergency.
Under the authority of MGL c. 48, § 8, there shall be within the Department the position of Forest Warden. The Board of Selectmen shall appoint the Forest Warden in accordance with the General Laws for a term of one year. The Forest Warden shall perform such duties as may be prescribed by law.
A. 
The Deputy Fire Chief(s) and all other uniform members shall perform their duties prescribed by law or by the Chief under the direction and command of the Chief and shall aid the Chief in the performance of his duties prescribed by this bylaw.
B. 
In the administration of the Department, the Chief shall be responsible to and under the supervision of the Board of Selectmen.
The Department shall provide the ambulance service for the Town. All full-time members shall be licensed as emergency medical technicians and shall perform such duties under the command of the Chief. The Chief shall establish and provide for appropriate billing and collection of ambulance service charges to the users of the service. The Chief shall set the rates of the ambulance service with the approval of the Board of Selectmen. The Chief shall ensure that the ambulance service and uniform members comply with the state regulations regarding the ambulance service.
The Chief shall promulgate, with the approval of the Board of Selectmen, rules and regulations for the operation of the Fire Department, and the uniform members, and employees, including the off-duty conduct of uniform members.
On the effective date of this bylaw, the Board of Fire Engineers shall be abolished and all uniform members and employees of the Board shall be transferred to the Dudley Fire Department. This bylaw shall not impair any contract of the Board of Fire Engineers, which shall be assumed by the Town of Dudley. Any rules and regulations and policies of the Board of Fire Engineers shall continue in full force and effect, unless conflicting with this bylaw, until superseded by policies and rules and regulations adopted under §§ 26-6 and 26-19 of this bylaw.