[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:
The head of the Fire Department.
The Fire Department.
All the personnel of the Fire Department other than the members
of the uniformed firefighting force.
The Chief, the Deputy Chief(s), the captains, and the lieutenants.
A uniform member with the lowest rank, also know as "private."
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.
The Department shall be headed by the Chief who shall be appointed
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:
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.
No uniform member or any employee of the Department shall draw
water from the reservoirs or hydrants except in case of fire or other
emergencies unless specifically authorized by the Chief to do so.
No property belonging to the Department shall be taken out of
Town limits unless by order of the Chief.
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.
The Board of Selectmen shall, by rule, determine what officer
shall act, with full duties and authority, in the place of the Chief
during the absence or disability of the Chief.
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.
