For the purpose of this article, the following definitions shall
apply, unless the context clearly indicates or requires a different
meaning:
The city council.
The International Fire Code, 2000 edition, as supplemented
and amended, and/or the most current version.
The fire marshal.
The city volunteer fire department.
The City of Jacksboro.
Includes yet is not limited to those persons elected to serve
on the city council or appointed by the city council to serve on a
board, commission or other recommending or advisory body, the mayor,
city manager and city secretary. "Municipal officers" do not include
city employees.
(Ordinance O-15-03 adopted 8/26/2003; 1997 Code, sec. 34.01)
(a)
The
city volunteer fire department shall be recognized as the official
fire department of the city.
(b)
An
agreement shall be executed which memorializes the volunteer fire
department's agreement to provide emergency services to the city.
Such agreement shall be reviewed annually and, if acceptable, renewed
annually, subject to modification. A proposed copy of the agreement
is attached to Ordinance O-15-03 (adopted 8/26/2003) as exhibit A
for illustrative purposes.
(c)
The
city council may adopt any ordinances that it considers necessary
for the general health, safety and welfare of the citizens of the
city. The city volunteer fire department shall adhere to and enforce
all such city ordinances relative to fire prevention and safety, including
the code, to the extent provided for in an "Agreement For Emergency
Services," as it may be amended.
(d)
The
city volunteer fire department, as an independent contractor, shall
fulfill the following obligations to the city:
(1)
Provide personnel to respond to any emergency that may arise within
the city limits including, yet not limited to, fire, tornado, severe
storms, building collapse, vehicle accidents, emergency medical services
(when requested), floods, emergency management, and other natural
or human-made emergency situations that may arise and shall require
the response of the department as requested by the city.
(2)
Assure that all members of the department are well trained and will
operate under the incident command system to ensure an orderly response
to these incidents.
(3)
Assist in the maintenance and repair of equipment (including personal
protective equipment, trucks, hoses, ladders, nozzles and the like)
provided by the city and operate the equipment in a manner that assures
the safety of operations as well as the citizens of the community.
(4)
Hold regular training meetings, as well as attending area and state
schools, to receive training and make reports to the proper agencies.
(5)
Abide by the constitution and bylaws of the department and manage
and conduct all emergency situations in a professional manner.
(6)
Control the work and the manner in which it is performed, consistent
with and subject to state statutes and applicable ordinances.
(Ordinance O-15-03 adopted 8/26/2003; 1997 Code, sec. 34.02)
(a)
The
city council may obtain fire engines and other fire protection apparatus
and shall have control over the use and disposition of the apparatus
and provide a fire station to preserve the apparatus. The fire department
shall maintain the fire engines and fire protection apparatus including
ensuring that all routine maintenance is performed in accordance with
manufacturers' recommended warranties.
(b)
The
city shall provide certain equipment, training and benefits to the
volunteer fire department. Such equipment, training and benefits include
yet is not limited to the following:
(1)
Provide, repair and maintain such equipment as may be necessary for
the safe operation and management of all emergency situations that
may arise. This shall include yet is not limited to pump trucks, hoses,
ladders, nozzles and other water handling appliances, smoke ejectors,
self-contained breathing apparatus, personal protective equipment
(helmet, boots, gloves, coats, pants, suspenders and the like), and
other equipment that may be necessary to manage emergency situations
(command posts, van, rescue unit).
(2)
Provide insurance to protect the department against injury, liability
and the like.
(3)
Provide and manage the firefighter's relief and retirement fund and
compensate persons already eligible, as well as members becoming eligible
in the future.
(Ordinance O-15-03 adopted 8/26/2003; 1997 Code, sec. 34.03)
(a)
The
following consideration system is hereby established for those who
serve on the city volunteer fire department.
(b)
Persons
who serve as members of the city volunteer fire department may elect
to receive consideration for service as a volunteer firefighter as
follows:
(1)
Firefighters who reside in the corporate limits of the city may receive
a $10.00 credit per month on the city utility (water) bill provided
that the bill is current or paid when due less the $10.00 credit.
The city will credit the firefighter's account in the amount of $10.00
at that point. Failure to pay the water bill on time will result in
no credit being given. For the purposes of this consideration, payment
on time is deemed to be at 5:00 p.m. on the date payment is due.
(c)
Municipal
officers who serve as volunteer firefighters may not participate in
the preparation of budgets or ordinances relative to the city volunteer
fire department. To avoid the appearance of impropriety, the municipal
officer should, yet is not required to, abstain from voting on issues
relating solely to the city volunteer fire department unless abstention
is otherwise required by law.
(Ordinance O-15-03 adopted 8/26/2003; 1997 Code, sec. 34.04)
(a)
The
fire chief shall be a member of the volunteer fire department and
shall be selected by the members of the department and shall be confirmed
by the city council.
(b)
The
fire chief shall report to the city manager and perform all lawful
duties directed to him or her by the city manager.
(c)
The
fire chief shall assist the fire marshal in his or her duties and
responsibilities.
(d)
The
salary of the fire chief, if any, shall be recommended by the city
manager and approved by the city council.
(e)
The
fire chief shall submit an annual budget to the city manager for review
and consideration by the city council.
(Ordinance O-15-03 adopted 8/26/2003; 1997 Code, sec. 34.05)
(a)
Appointment.
The fire marshal, in charge of fire prevention,
shall be appointed by the members of the department on the basis of
competitive examination or based on qualifications. The appointment
of the fire marshal shall be confirmed by the city council prior to
the person assuming office or performing any duties.
(b)
Designation of members of police department.
The fire
marshal may, with the concurrence of the chief of police or his designee,
designate that the members of the police department have authority
to enforce the provisions of the code for which the normal training
of a peace officer would provide the level of technical skills and
knowledge required. Such designation of enforcement authority shall
be made in writing with specific reference to the code part or parts
for which enforcement authority is given, and the chief of police
shall agree in writing to accept such enforcement authority prior
to any enforcement action being taken pursuant to such designation.
(c)
Right of appeal.
Any appeal from a decision of the fire
marshal relative to the following may be appealed to the board of
appeals within 30 days from the date of the decision:
(d)
Appeal procedure.
Such request for an appeal must be
made in writing and submitted to the city secretary and the fire chief.
The board of appeals shall hear the appeal at the first available
and practical regular meeting date. The board of appeals may require
additional evidence and expert testimony in order to render its decision.
The decision of the board of appeals shall be final and binding.
(Ordinance O-15-03 adopted 8/26/2003; 1997 Code, sec. 34.06)
No municipal officer may serve in the capacity as fire marshal
or fire chief while serving in public office.
(Ordinance O-15-03 adopted 8/26/2003; 1997 Code, sec. 34.07)
(a)
The
city shall initiate mitigation rates for the delivery of emergency
and nonemergency services by the fire department for personnel, supplies
and equipment to the scene of emergency and nonemergency incidents
as listed in exhibit A to Ordinance O-17-18. The mitigation rates
shall be based on actual costs of the services and that which is usual,
customary and reasonable (UCR) as shown in exhibit A to Ordinance
O-17-18, which may include any services, personnel, supplies, and
equipment and with baselines established by addendum to this document.
(b)
A
claim shall be filed to the responsible party(s) through their insurance
carrier. In some circumstances, the responsible party(s) will be billed
directly.
(c)
The
city council may make rules or regulations and from time to time may
amend, revoke, or add rules and regulations, not consistent with this
section, as they may deem necessary or expedient in respect to billing
for these mitigation rates or the collection thereof.
(d)
The
mitigation rates lists in exhibit A to Ordinance O-17-18 will increase
by 1.5% annually or based on the annual percentage increase in the
Consumer Price Index (CPI), as developed by the Bureau of Labor Statistics
of the U.S. Department of Labor, whichever is more. Rate adjustments
will occur on the anniversary date of this ordinance/resolution to
keep the fire department's cost recovery program in conformity with
increasing operating expenses.
(Ordinance O-17-18 adopted 11/19/2018; 1997 Code, sec. 34.10)
