[HISTORY: Adopted by the Town Council of the Town of North Smithfield 1-21-2003 (Ch. 7, Arts. II and III, of the 1994 Code). Amendments noted where applicable.]
The authority for creation of a municipal Fire Department for the Town of North Smithfield is found in Article XI, Section 3 of the Town Charter.
A. 
There is hereby established, within the Office of Public Safety, a municipal Fire Department.
B. 
The head of the Department shall be the Fire Chief, who shall be appointed by the Town Administrator for an indefinite term, with the advice and consent of the Council, and shall be subject to removal in accordance with the provisions of the Charter and ordinances of the Town. The Chief shall possess such practical experience in the fields of firefighting, emergency medical services and fire prevention and shall have received such training either in a recognized firefighting school, or shall have had such practical experience which is the equivalent thereof, and shall have such further qualifications as the Administrator shall submit to the Council for approval, by resolution.
In addition to the Fire Chief, there shall be such other members and employees of such ranks and grades, including volunteers and call firefighters, as shall be determined by the Council upon recommendation of the Town Administrator and the Fire Chief.
A. 
All full-time members of the Fire Department below the rank of Fire Chief shall be appointed or promoted, as the case may be, by the Town Administrator or the recommendation of the Public Safety Commission, provided they shall have satisfactorily passed such qualifying tests as the Council shall have established by resolution. They shall hold their respective offices during good behavior, until vacated by death, resignation or retirement, or until they shall be removed in the manner hereinafter set forth; provided, nevertheless, that all members of the Fire Department shall, at the time of their permanent appointment, have served for a period of not less than 12 months in a probationary status during which probationary period they may be removed at any time by the Town Administrator upon recommendation of the Fire Chief, with or without cause.
B. 
Provided further, that preference for appointment to the municipal Fire Department may first be given to such persons as have served in the capacity of firefighters for the North Smithfield Fire & Rescue Services, Inc. and/or its predecessors, provided such prospective appointees meet the requirements established by the Fire Chief and the Town Council.
The salaries of the Fire Chief and of all officers and members of the Department shall from time to time be fixed by the Council.
Except as may otherwise be provided by the laws of Rhode Island, any officer or member of the permanent Fire Department below the rank of Fire Chief may be removed for cause in the same manner and with the same rights with respect to reinstatement and subject in all respects to the same procedure and rights as to notice and production of testimony as is provided with respect to the removal and reinstatement of Town employees in Chapter 60, Personnel, of the Town Code.
It shall be the duty of the Fire Chief to prepare rules and regulations for the conduct of all members of the Department, including appropriate penalties for their violation which, when approved by the Council by resolution, shall have the force of law and shall be the basis for removals and other disciplinary action as provided therein. Changes in such rules and regulations shall be made from time to time in the same manner.
Except as may otherwise be provided by the laws of Rhode Island, and except as may otherwise be provided in any collective bargaining agreement between the Town and the certified collective bargaining agent for the members of the permanent Fire Department, the Town Administrator and the Fire Chief shall, in the case of officers and members of the permanent Fire Department, have the same powers in all respects as are granted to the Town Administrator and the primary department heads, respectively, in the case of Town employees with regard to suspension, reduction in rank, and other disciplinary action and the exercise of such powers shall in all respects be subject to the procedures, rights of hearing, and the rights to compel testimony as are provided in the case of other Town employees, other than those within the Police Department who are subject to the provisions of the Law Enforcement Officers' Bill of Rights, R.I.G.L. § 42-28.6-1 et seq.
The Council, notwithstanding any of the foregoing provisions, shall have the right to increase or decrease the number of officers and firefighters in the permanent Fire Department for the purpose of complying with and remaining within appropriations currently available for the payment of salaries within the Fire Department (whether or not there may be other funds available for such salaries) and for such other purposes as the Council shall deem to be in the best interest of the Town, and for these purposes shall, without making any charges and without cause, have the right to remove such personnel who are members of the permanent Fire Department. In any such case or cases, the Council shall order the removal of the person or persons having the lowest rank and seniority in service. Any person so removed shall have precedence in the order of seniority over all other candidates for future appointments to the permanent Fire Department.
A. 
The Chief of the Fire Department shall keep a record of all fires and of all the facts concerning the same, including statistics as to the extent of such fires and the damage caused thereby, and of all emergency medical services performed, and all such records shall be public records.
B. 
The annual report of the Chief of the Fire Department shall be made on or before November 30 of each year, and transmitted to the Director of Public Safety. It shall contain such statistics as the Chief of the Fire Department may include therein.
The officers of the Fire Department on duty at a fire shall have the power to suppress any tumult or disorder, and to order all individuals or companies to leave the neighborhood of any fire, medical or other emergency, and to command from the inhabitants of the Town all needful assistance in the suppression of fires and in the preservation of property exposed to fire. It shall be unlawful for any person to neglect or refuse to render assistance when lawfully called upon to do so by any of said officers at a fire, or to refuse to obey any lawful order of any officer, or to insult, menace or interfere with any officer or man connected with the Department while on duty at a fire or medical emergency.
[Added 6-30-2003]
Permanent rank shall be established within the Department and the line of command therein shall descend in the manner and form hereinafter prescribed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The North Smithfield Fire Department shall be composed of:
A. 
One Fire Chief and such other officers, firefighters, dispatchers and personnel as prescribed in:
(1) 
The personnel and budget ordinances of the Town.
(2) 
The rules and regulations of the Department.
(3) 
Any collective bargaining agreement between the Fire Department employees and the Town.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
A. 
Employee seniority shall be based on length of service with this municipal Fire Department.
B. 
Authority among members of the Department holding equal rank therein shall exist only when the same is specifically provided for by law or by rules and regulations.
C. 
General seniority and authority among members shall be as provided in:
(1) 
Rules and regulations of the Department.
(2) 
Any collective bargaining agreement between the employees of the Fire Department and the Town of North Smithfield.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Salaries for firefighters shall be as provided in the budget ordinance and any collective bargaining agreement between the Fire Department employees and the Town of North Smithfield.
Benefits, including vacation, holidays, leave, sick leave, longevity, pension, health care insurance, uniform and allowances shall be according to the ordinances of the Town pertaining thereto, rules and regulations of the Fire Department and by any collective bargaining agreement hereinafter entered into.
A. 
Certification; requirements
(1) 
Deputy Chief: minimum 15 years, experience in firefighting and/or rescue service and NFPA certification.
(2) 
Captain: minimum 10 years employment in firefighting and/or rescue service and NFPA 1521 Certification.
(3) 
Lieutenant: minimum five years employment in firefighting and/or rescue service and NFPA 1021 Certification (or college accreditation); hydraulics, incident command and company tactics.
(4) 
Firefighters:
(a) 
Must obtain NFPA Firefighter Level 1001 Certification prior to expiration of their probationary period.
(b) 
At a minimum, all firefighters and officers are required to maintain EMT and CPR qualification.[1]
[1]
Editor's Note: Original Section 7-36, Subsections E through H, of the 1994 Code, providing older provisions, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
The Town of North Smithfield is an equal opportunity employer, and does not discriminate on the basis of race, creed, color, sex, sexual preference, or national origin. Accordingly, all hiring thereafter will be done after written documentation supplied and/or administered by a recognized testing agency.
C. 
Any such test shall be in accordance with NFPA Standards for Firefighter Professional Qualifications then prevailing.
D. 
All applicants for employment must submit to a criminal background (BCI) check and physical examination, in accordance with NFPA Standards for Firefighter Professional Qualifications.
A. 
Chief of Department.
(1) 
Under the direction of the Director of Public Safety, the Chief of Department shall have and exclusively exercise the power and authority, so far as the same may be consistent with law, to control, manage, supervise and direct all functions of the Department. For such purpose the said Chief of Department shall be and at all times act as the highest ranking superior officer of the fire force and all special services and attaches.
(2) 
The Chief shall submit regulations for the general order, discipline and efficacy of the Department, for review by the Commissioner for public safety, and approval by the Town Council. Said regulations shall include, but not be limited to:
(a) 
Rank and duties.
(b) 
Apparatus and equipment.
(c) 
Hydrants.
(d) 
Sprinklers.
(e) 
Inspections.
(f) 
Drills and training.
(g) 
Communications and alarms.
(h) 
Dispatching.
(i) 
Personnel:
[1] 
Uniform regulation.
[2] 
Discipline.
[3] 
Records and reports.
[4] 
Minimum manpower levels.
[5] 
Hours of service.
[6] 
Callback.
[7] 
Duties performed out of rank.
[8] 
Safety.
[9] 
Training.
B. 
Deputy Chief.
(1) 
The Deputy Chief shall coordinate and supervise fire prevention, code enforcement, public fire safety education, and other services for the protection of life and property from fire, medical, emergency, or other disaster or exigency.
(2) 
In the absence of the Fire Chief, the Deputy Chief shall be in charge of the Department and shall carry out all the duties and assume all the responsibilities of the Fire Chief as defined herein.