[1]
Editor's Note: Section 1 of an ordinance enacted 4-28-1981, and effective 7-1-1981, repealed §§ 8-1 — 8-10, which comprised Ch. 8, "Fire Department." The deleted sections derived from ordinances adopted on the following dates: 4-14-1964; 4-8-1969; 4-22-1969; 2-20-1970; 6-9-1970; 9-26-1972; 10-10-1972; 7-23-1974;11-28-1978; 8-28-1979.
In a separate ordinance enacted 4-28-1981, the city amended the Code by adding a new Ch. 8, as set out herein.
Cross references: Disability of firemen and police resulting from performance of duty, § 2-13; authority of police relative to traffic, § 13-3.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
A Department of Public Safety is hereby established. Said Department shall be composed of a Police Division, a Fire Division, a Wire and Alarm Division, a Public Buildings Division, an inspection services Division and the City Physician.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
It shall be the function of the Department to provide public safety services as authorized in accordance with law.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
The Police Division shall be headed by a Police Chief, to be appointed by the Mayor for a five year term. The Fire Division shall be headed by a Fire Chief, to be appointed by the Mayor for a five year term.
[Ord. of 6-11-2019]
Any reference to the Police Division Director elsewhere in these Revised Ordinances shall be deemed to mean the Police Chief. Any reference to the Fire Division Director elsewhere in these Revised Ordinances shall be deemed to mean the Fire Chief.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
The Chiefs, with the approval of the Mayor, shall promulgate rules and regulations for their Departments, Divisions, officers and employees; provided, however, that no rules and regulations for the Police Division and the Fire Division shall be placed in force without the prior consent of the City Council. Said regulations and rules shall govern the operation, administration and management of the Department, and the conduct of its employees.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
A Fire Division is hereby established, and shall consist of such personnel as the Mayor and City Council shall authorize by appropriation. It shall be the function of the Division to provide firefighting services.
(a) 
An officer or other permanent member of the Fire Division shall be permitted to engage in other business or occupation provided that such activity does not interfere with the proper discharge of their duties and provided that such activity does not impair their independence of judgment in the exercise of their official duties and provided that such activity does not constitute a violation of Massachusetts General Laws, Annotated, Chapter 268A, as amended.
(b) 
Any such employee who seeks to engage in such activity shall submit a written statement to the Fire Chief setting forth the nature and extent of such activity.
[Ord. of 6-11-2019]
(a) 
The Chief shall also, except as otherwise provided in these Revised Ordinances, have all of the powers and be subject to the duties of the position of Fire Chief as referenced, mentioned, or cited elsewhere in these Revised Ordinances or in the General or Special Laws of the Commonwealth of Massachusetts; but said position shall not be governed by Chapter 31 of the General Laws.
(b) 
The Chief shall have all of the powers conferred by all rules and regulations of the Fire Department on the Fire Chief.
(c) 
All firefighters and other personnel of the Fire Department shall perform such duties as the Fire Chief shall direct and shall be subject to their direction and control. Every employee shall assist.
[Ord. of 4-28-1981; Ord. of 11-27-1984; Ord. of 6-11-2019]
The Fire Chief, with approval of the Mayor, may designate, from time to time as needed, a member of the Fire Division to serve as Acting Chief in the absence of the Fire Chief.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
It shall be the duty of the officers of the Fire Division to preserve order and discipline in the Division and require and enforce compliance with the rules and regulations of the Division, and to report to the Fire Chief forthwith in writing, the name of each and every member who shall be guilty of any neglect of duty or disobedience of orders.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
No person other than one presently on the eligible civil service list shall be a member of the Division who does not have a valid license to drive motor vehicles issued by the Registrar of Motor Vehicles of the commonwealth, and who is not a citizen of the United States.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
In the absence of the Fire Chief, the officer in charge at Fire Division headquarters shall have sole and absolute authority until the arrival of the Fire Chief, unless otherwise ordered by the Fire Chief.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
The Fire Chief or officer in charge of the Fire Division, with the approval of the Mayor, is hereby authorized and may order officers, members and apparatus of the Division to go to the aid of another City, town or fire district in this commonwealth or in any adjoining state in extinguishing fires therein; when, in the judgment of the Fire Chief or officer in charge, conditions warrant such action.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
Whenever it shall be determined at any fire by the officer in charge that it is necessary to pull down or demolish any building in order to prevent the spreading of fire, the same may be done by their order in accordance with the statute in such case made and provided.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
All members of the Fire Division, while on duty, shall wear such uniforms, hat, and badge as the Fire Chief shall specify.
Upon the permanent appointment of a member to the Fire Division, the City shall provide such member with a dress uniform as the Fire Chief shall specify.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
A Police Division is hereby established, and shall consist of such personnel as the Mayor and City Council shall authorize by appropriation. It shall be the function of the Division to provide police services.
(a) 
Officers or other permanent members of the Police Division shall be permitted to engage in other business or occupation provided that such activity does not interfere with the proper discharge of their duties and provided that such activity does not impair their independence of judgment in the exercise of their official duties and provided that such activity does not constitute a violation of Massachusetts General laws, Annotated, Chapter 268A as amended.
(b) 
Any such employee who seeks to engage in such activity shall submit a written statement to the Police Chief setting forth the nature and extent of such activity.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
(a) 
The Chief shall also, except as otherwise provided in these Revised Ordinances, have all of the powers and be subject to the duties of the position of Police Chief as referenced, mentioned, or cited elsewhere in these Revised Ordinances or in the General or Special Laws of the Commonwealth of Massachusetts; but said position shall not be governed by Chapter 31 of the General Laws.
(b) 
The Chief shall have all of the powers conferred by all rules and regulations of the police Department on the Police Chief.
(c) 
All police officers and other personnel of the police Department shall perform such duties as the Police Chief shall direct and shall be subject to their direction and control. Every employee shall assist.
[Ord. of 4-28-1981; Ord. of 11-27-1984; Ord. of 6-11-2019]
The Police Chief, with the approval of the Mayor, may designate, from time to time as needed, one of the ranking officers of the Police Division to serve as senior officer.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
The Police Chief or the senior officer in charge, with approval of the Mayor, is hereby authorized to go to aid another City or town at the request of such City or town in the suppression of riots or other forms of violence therein.
[Ord. of 4-28-1981; Ord. of 6-11-2019; Ord. of 11-9-2022]
No person shall be a member of the Police Division who is less than 21 years of age upon beginning academy training. Members of the Division may reside outside the City of North Adams, provided their residence is within 25 miles of the jurisdictional limits of the City of North Adams. This is to include both within or outside of the Commonwealth of Massachusetts. Members of the Division must be citizens of the United States.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
The Mayor may, from time to time, appoint such number of special police officers or officers for special duty, to serve with or without pay, as the Mayor may determine, and may limit their time and place of service. They shall be certified as to fitness by the Police Chief. The persons thus appointed shall be subject to the provisions of law and of the City ordinances so far as the same are applicable and shall have all the powers of a police officer, as limited by appointment, and the laws of the commonwealth.
(a) 
Said special police officers shall exercise police powers only during hours while employed in the endeavor for which the special police appointment was obtained.
(b) 
Said special police officer shall not possess, carry or utilize a weapon in their capacity as a special police officer without first having obtained written approval for that weapon from the Police Chief.
(c) 
No special police powers shall be exercised by a person appointed hereunder for the benefit of a private person unless said private person shall have, as a condition precedent, deposited with the City Clerk a certificate of liability insurance, naming the City of North Adams as an additional insured, in an amount approved by the City Solicitor.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
The Mayor may appoint school traffic supervisors, male or female, to be paid when actually employed. Their compensation shall be determined by the City Council. These supervisors shall not be empowered to enforce the provisions of Chapter 90 of the General Laws or of Chapter 13 of this Code or any other City ordinance relating to the operation, standing or use of motor vehicles. Their sole duty and responsibility shall be to stop traffic to allow school children to cross streets in safety. These supervisors shall be known as the North Adams school traffic supervisors, shall obey all lawful orders of the Police Chief and be subject to the rules and regulations governing them. Their hours and tours of duty shall be prescribed by the Police Chief, and they shall be furnished the following equipment: caps, white traffic belts, badges, whistles and gloves.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
The Police Chief shall keep or cause to be kept at the police station a complete descriptive list of persons arrested and brought to the station, giving their name, nativity, age, height, complexion, color of hair and eyes, the amount of money they may have in their possession, their present residence and the offense for which they were arrested, all of which shall be entered in a book to be furnished by the City; and the same shall be delivered by the Police Chief to their successor in office.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
It shall be the duty of each and every police officer to take notice of all leaking water pipes, all nuisances, defects and obstructions in the streets, bridges, sidewalks, lanes, alleys, courts, public places and squares of the City, and to report the same to the Police Chief. It shall also be the duty of each and every police officer immediately to investigate any accident or other occurrence coming to their notice which might involve liability to the City, to procure the names of all witnesses thereto, and at once to report the same with all information obtained to the Police Chief, who shall forthwith transmit such information to the City Solicitor.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
To assist the City Solicitor in obtaining evidence, etc., in cases involving the City, the Police Chief, at the request of the City Solicitor, shall designate one or more of the officers of the Police Division to assist the City Solicitor in obtaining evidence, summoning witnesses and performing such other service as may be desirable in the preparation for trial of cases in which the City is interested, or in the investigation of claims against the City.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
The members of the Police Division shall, in such manner as the Police Chief may require, aid the Fire Division by clearing the streets or grounds in the immediate vicinity of the fire, or performing other police service, so that the members of the Fire Division may not be hindered or obstructed in the performance of their duties.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
A Division of Wire and Alarm is hereby established, which Division shall be responsible for enforcement of the 1981 Massachusetts Electrical Code, Form FPR-11, and for maintenance of fire alarm and police signal system.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
The Mayor may appoint an Assistant Inspector of Wires who shall assist the Inspector of Wires in the performance of duties and who shall perform the duties of that office and shall have the power thereof in the absence of the Inspector of Wires.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
No person shall construct within a building a wiring system designed to carry an electric light, heat or power current, until the owner or person constructing the same has filed with the Inspector of Wires a plan thereof showing the whole wiring system within the building and the points of connection with outside circuits. No person shall add to or alter within a building any portion of wiring system designed to carry an electric light, heat or power current, except to make necessary repairs, until the owner or person constructing the same has filed with the Inspector of Wires a plan thereof and of such portions of the whole wiring system within the building and the points of connection with outside circuits as the Inspector of Wires shall require.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
No person shall commence the work provided for in the wiring plans, until they are approved in writing by the Inspector of Wires. Plans and specifications shall be approved or rejected within one week of the time of filing. The failure of the Inspector of Wires to approve such plans or specifications within one week after filing shall be tantamount to a denial of the application. In case any application is denied, the applicant may, within one week thereafter, appeal the denial to the Director of Inspection Services.
After a plan has been approved, no alteration therein shall be allowed, except on a new application and permits as provided in this section.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
No wires specified in this chapter shall be covered or concealed from view until approved by the Inspector of Wires, who shall examine the same within three weekdays, Sundays and legal holidays excepted, after notice that they are ready for inspection. No electric current shall be turned into such wires until they have been approved.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
The Division of public buildings and building inspection is hereby established, consisting of a Superintendent who shall have control and management of the Division and shall also serve as Building Inspector. The Superintendent of Public Buildings shall be appointed by the Mayor. The term of the Superintendent shall be coterminous with the term of the Mayor.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
The Director of Inspection Services shall have supervision, direction and control of the construction, alteration and repair of public buildings, except school buildings which shall remain under the control of the School Committee.
The Director shall administer and enforce zoning regulations as required by statutes or ordinances. The Director shall also be the Inspector of Buildings and have control over the enforcement of the regulations relating to and the direction, repair and construction of buildings. The Building Inspector shall receive applications required by the building code, issue permits and furnish the prescribed certificates. The Director shall examine premises for which permits have been issued and shall make necessary inspections to see that the provisions of law are complied with and that construction meets the requirement of law. The Director shall enforce all laws relating to the construction, alteration, repair, removal, demolition, occupance, location and maintenance of buildings and structures, except as may be otherwise provided for. The Director shall, when requested by the Mayor or City Council, or when the interests of the City so require, make investigations in connection with matters referred to in the Building Code and render written reports on the same. For the purpose of enforcing compliance with laws, to remove illegal or unsafe conditions or to require adequate exit facilities in existing buildings and structures, the Director shall issue such notices or orders as may be necessary. The Director shall perform such other duties as may by statute or ordinance be required of them, and may perform such other duties as are within the discretion of Building Inspector.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
The Director of Inspection Services shall devote their entire time to the care and maintenance of public buildings, enforcement of zoning regulations and to the inspection of buildings and the enforcement of all regulations pertaining thereto.
[Ord. of 9-28-1982; Ord. of 5-8-1984; Ord. of 8-28-1984; Ord. of 7-9-1991; Ord. of 11-14-2000; Ord. No. 6-10-2003; Ord. of 2-22-2005; Ord. of 6-11-2019; 7-23-2024]
The Building Inspector shall charge the following fees for the following permits issued: (Refer to Appendix D).
[Ord. of 4-28-1981; Ord. of 6-11-2019]
The Director of Inspection Services shall keep a detailed record of all the work performed by the inspection services Division.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
The position of Housing Code Inspector is hereby created to inspect any and all housing in the City in order that such housing comply with the minimum standards of fitness for human habitation and the Sanitary Code of the state; and that they shall have the power of enforcement of the provisions of such code. The Housing Code Inspector shall serve under the direction of the Director of Inspection Services. The Housing Code Inspector shall be compensated according to the Compensation Plan and shall be subject to the Board of Health as provided in Massachusetts General Law, Chapter 111.
[Ord. of 4-28-1981; Ord. of 2-9-1999; Ord. of 5-8-2007; Ord. of 6-11-2019]
Whenever a rental dwelling unit becomes vacant, the owner, managing agent or person in charge thereof shall have it inspected by the Housing Code Inspector, prior to its being reoccupied, to determine whether or not it is in compliance with Chapter II of the State Sanitary Code, as amended, entitled "Minimum Standards of Fitness for Human Habitation." If the Housing Code Inspector finds that it does comply with the provisions of the State Sanitary Code, they shall issue a certificate of compliance for such dwelling unit. If the Housing Code Inspector finds that it is not in compliance, they shall specify in writing the specific grounds of noncompliance, and such dwelling unit shall not be reoccupied until such defects have been corrected to the satisfaction of the Housing Code Inspector and they have issued a certificate of compliance.
This chapter shall not apply to any new rental dwelling units for which the City Building Inspector has issued a certificate of occupancy within five years prior to the date of vacancy.
If the Housing Code Inspector fails to make an inspection of a rental dwelling unit within five working days from the date of the written request for such an inspection by the owner, managing agent or person in charge thereof, such rental dwelling unit may be rented the same as if a certificate of compliance had been issued, and such owner, managing agent or person in charge thereof shall not be in violation of this section for so doing.
Any owner, managing agent or person in charge thereof who permits the reoccupancy of a rental dwelling unit in violation of the provisions of this section shall be guilty of a misdemeanor, punishable by a fine (refer to Appendix D), and each day that a violation continues shall be deemed a separate offense.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
The Mayor shall appoint a Plumbing Inspector in accordance with and subject to the provisions of General Laws, Chapter 142. The Plumbing Inspector shall be sworn to the faithful performance of their duties. The Plumbing Inspector shall have the supervision of all plumbing in accordance with the terms and provisions of the Massachusetts State Plumbing Code and all the rules and regulations thereof and they shall have the right, power and authority in accordance therewith to enter any and all buildings and to examine and test the plumbing therein at reasonable times. The Plumbing Inspector shall, at all times so far as their power and authority will permit, enforce compliance with the provisions of the statutes of the commonwealth and the Plumbing Code. The Plumbing Inspector shall immediately report all violations of the Plumbing Code and applicable statutes to the Building Inspector, and they shall perform such other appropriate duties as may be required by such Building Inspector. The Plumbing Inspector shall also investigate complaints relating to plumbing as may be required by the Board of Health.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
The Plumbing Inspector shall also be the Inspector of Gas Piping and Gas Appliances, as provided for under Chapter 143 of the General Laws, and have the control and the enforcement of the rules and regulations relating to the installation of gas piping and gas appliances established from time to time by a board in the State Department of Public Safety.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
The Plumbing Inspector shall devote their entire time to the inspection of plumbing and to such other appropriate duties as may be required by the Building Inspector and shall not engage in the business of plumbing, nor be directly or indirectly connected with a plumbing firm whose business is the selling of plumbing materials or equipment.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
The Massachusetts State Plumbing Code established under Chapter 358 of the Acts of 1965 or as thereafter established from time to time shall apply with full force and effect to any and all plumbing.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
The Inspector of Weights and Measures shall enforce all laws pertaining to weighing and measuring devices and to the giving of false or insufficient weight or measure.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
The Inspector of Weights and Measures shall collect the fees and charges which by law they are allowed to receive, and shall pay over to the City Treasurer each month all sums of money so received by them.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
The Inspector of Weights and Measures shall, at the time of sealing, furnish the owner of the articles sealed, or their agent, with a certificate stating the name and address of the owner of the article, the date when sealed, and the amount of fee, if any, collected, which certificate shall be signed by the Inspector.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
The Inspector of Weights and Measures shall have an office at the City Hall, and shall establish office hours for the convenience of the public who desire to have scales, weights, and measures tested. The Inspector of Weights and Measures shall have the care and custody of all public scales of the City.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
The Inspector of Weights and Measures shall keep a detailed record of all work they performed, and shall annually make a report as required by law.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
A City Physician shall be appointed by the Mayor and shall serve under the direction of the Police Chief. The City Physician shall be compensated according to the compensation plan. Said City Physician shall be subject to the Board of Health as provided in Massachusetts General Law, Chapter 111.
The City Physician shall, when requested by the City Solicitor, examine the condition of persons who have sustained injury for which the City may be liable, and furnish the City Solicitor with a written report of their examination and also give evidence as a witness in any action affecting the interest of the City when requested by the City Solicitor. The City Physican shall, when requested by the head of any Department, make a physical or mental examination of any person preparatory to testifying and shall thereafter testify with reference thereto in any proceeding wherein the interests of the City may be involved.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
It shall be the duty of the City Physician, upon request of the Mayor or any Department head, to examine any person claiming compensation under Sections 2-8 to 2-26 for any period of disability, and to report the results of such examination to the Mayor or Department head as frequently as requested during such period of disability. It shall also be the duty of the City Physician to report to the Mayor or Department head requesting such examination when the total disability of the person examined terminates. This section shall not operate or be construed to entitle any disabled person to medical treatment or services by the City Physician.
The City Physician shall, at the request of the officer in charge at the police station, attend and examine any prisoner and shall render such medical or surgical treatment as may be necessary.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
The professional services to be rendered by the City Physician under this article shall be such as are ordinarily rendered or performed by a duly qualified Physician.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
The City Physician shall render monthly bills for any services for which they may be entitled to extra compensation concerning the professional services rendered during the preceding month.
[1]
Editor's Note: An ordinance adopted 11-27-1984 repealed § 8-63 which pertained to the sanitarian as derived from an ordinance enacted 4-28-1981.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
Any person within any Division so designated by the Police Chief, Fire Chief, or Director of Inspection Services shall keep a written record of all doings of that Division, and shall make such record available to the Mayor.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
In the event that any portion of this chapter is declared null and void by a court of competent jurisdiction, such invalidity shall not affect any remaining portions.
[Ord. of 6-11-2019]
References to Commissioner of Public Safety in Sections 10.2a, 10.2b, 10.2c, 10.8.2a, 10.8.2c, 10-12a, 12.3.3, 12.4.6(3), 12-11b, 12-13.1, 12-13.2a, 12-13.2f, 12-13.2f1, 12-13.3b, 12-9.4, 13-50.1, 12-5, 15B-3, 23-3, 23-4, 23-6, 23-7, 23-10, 23-13, 23-17, 23-20, 29-2d of these Revised Ordinances shall mean Police Chief as herein provided.