[HISTORY: Adopted by the Council of the City
of Beacon 5-2-1994;[1] amended in its entirety 8-6-2012 by L.L. No. 18-2012.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fire Advisory Board — See Ch. 32.
Uniform Fire Prevention and Building Code — See Ch. 119.
[1]
Editor's Note: This ordinance also repealed
former Ch. 31, Fire Department, adopted 1-17-1972 as Art. II of Ch.
10 of the 1972 Code of Ordinances, as amended.
The Fire Department of the City of Beacon shall
consist of a Fire Chief, one or more Assistant Chiefs and any companies
and staff as may be determined from time to time by the City Council.
[Amended 11-17-2014 by L.L. No. 14-2014]
The Fire Chief and Assistant Fire Chiefs shall have full and
absolute power at all fires and other incidents to order and direct
all firefighters in the operation of fire apparatus and equipment
for the purpose of extinguishing fires and other incidents, and the
protection of persons and property threatened by fire and other incidents.
They shall perform such other duties and possess such other powers
as shall be prescribed by the City Administrator as they pertain to
the operation of the Fire Department. It shall be the duty of the
Fire Chief to maintain all fire and rescue apparatus in peak working
condition at all times. The Fire Chief shall report to the City Administrator
annually, during the month of January, all alarms for the previous
year and at other times, as the Fire Chief may deem necessary and
proper. The Fire Chief shall compile reports and any other information
required by the City Administrator as needed. The Fire Chief shall
have the authority to adopt, approve, revise, and maintain written
Fire Department rules and regulations that shall include, at a minimum,
the annual maintenance policy for the Fire Department apparatus and
equipment, a minimum number of required drills for the Department
and the individual companies, minimum qualifications for the line
officers of the companies and any other procedures and policies deemed
appropriate by the Fire Chief. The Fire Chief will be responsible
for preparing and submitting a budget for the Fire Department during
the third quarter of the year.
[Amended 11-17-2014 by L.L. No. 14-2014]
The Beacon Engine Company, Mase Hook and Ladder Company and
Lewis Tompkins Hose Company shall continue as already constituted,
and they may alter and amend their constitutions, bylaws and regulations
for their government, subordinate, however, to the Charter, City Code,
rules and regulations, policies and ordinances of the City and Fire
Department. They shall, at any time, upon the request of the Mayor,
the City Council or the City Administrator, present their records
for review by the Mayor, the City Council and the City Administrator.
New companies may be organized under this chapter by consent of the
City Council.
[Amended 11-17-2014 by L.L. No. 14-2014]
A.
All Captain(s)
and Lieutenant(s) shall be under the direction of and appointed by
the Fire Chief. In the absence of the Fire Chief or his assistants
from any fire or incident, the chain of command as described in the
Fire Department Rules and Regulation will determine who is in command
of the Fire Department.
B.
There shall
be one or more Captain(s) and Lieutenants(s). The Fire Chief shall
set minimum qualifications for Captain(s) and Lieutenant(s). Each
fire company shall submit the name or names of any qualified candidate(s)
to the Fire Chief for each available Captain(s) and Lieutenant(s)
position. The Fire Chief shall select the Captain(s) and Lieutenant(s)
from the names provided, subject to ratification by the Mayor and
the consent of a majority of the City Council.
[Amended 11-17-2014 by L.L. No. 14-2014]
A.
The secretary
or other proper officer of each company shall report to the Chief,
or his or her designee, in writing, the names of any members of the
company who have ceased to be firefighters by resignation, removal
or otherwise.
B.
The names
of persons being recommended for appointment as firefighters shall
also be submitted to the Chief, in writing. The Chief shall submit
the appropriate application to the City Council for ratification.
After ratification by the City Council, firefighters shall be issued
badges by the City. These badges shall be returned to the City upon
resignation or whenever a firefighter leaves the Department.
C.
The City
Clerk shall maintain a roll book, open for public review, containing
the names of all firefighters, their respective company and their
badge number.
[Amended 11-17-2014 by L.L. No. 14-2014]
Certificates of exemption shall be granted to those members
of the Fire Department in accordance with the New York State General
Municipal Law § 200.
[Amended 11-17-2014 by L.L. No. 14-2014; 7-6-2015 by L.L. No. 6-2015]
A.
All persons requesting membership in the Fire Department shall fill
out the City of Beacon Fire Department - Application for Membership
form in their own handwriting and over their own signature.
B.
The
Fire Chief shall cause each application for membership by a person
seeking active firefighter status to be investigated. Such investigation
shall check for completeness of the application, the applicant's lack
of conviction for a felony, medical history (as evidenced by a physician's
licensed health-care professional's statement) and personal interview
with the Chief.
C.
No
person shall be appointed to membership in the Fire Department who
is not a legal resident of the United States.
D.
Any member convicted of a felony shall be removed from the rolls
of the Fire Department.
E.
All active members shall reside no more than 30 miles from the nearest
boundary line of the City and be able to render assistance in the
time of need.
[Amended 3-8-2022 by L.L. No. 01-2022]
F.
All active members shall be at least 16 years of age at the time
of appointment as an active firefighter.
G.
All persons wishing to be appointed as a firefighter shall have a
physical exam after being qualified and approved by their respective
fire company. This exam shall be prior to their ratification by the
City Council, at the City's expense and by the City-designated physician.
The examining physician shall verify, in writing, that the candidate
meets the requirements for firefighter as outlined in OSHA 1910.156,
or as may be amended. Any physical disability affecting a firefighter's
ability to conform to OSHA requirements will cause his or her removal
from active status.
H.
All active firefighters shall satisfy state and federal minimum mandated
training requirements and any local training and drill requirements
established and prescribed annually by the Fire Chief, or they shall
be removed from the active rolls.
I.
Sixteen- to eighteen-year-old active firefighter applicants (hereafter
referred to as "junior firefighters") and their parents shall sign
the application for membership indicating that they have read and
understand the rules and regulations of the Fire Department as they
pertain to junior firefighters.
[Amended 12-16-2013 by L.L. No. 23-2013]
A.
The Fire
Chief shall be appointed by the Mayor, subject to the consent of the
City Council.
B.
There shall
be one or more Assistant Fire Chiefs, to be known as First Assistant
Fire Chief, and so on. The Fire Chief shall set minimum qualifications
for Assistant Chief(s). Each fire company shall submit the name or
names of any qualified candidate(s) to the Fire Chief for each available
Assistant Chief position. The Fire Chief shall select the Assistant
Chief(s) from the names provided, subject to ratification by the Mayor
and the consent of a majority of the Council.
[Amended 3-8-2022 by L.L. No. 01-2022]
A.
The career Fire Chief and career firefighters shall be legal residents
of the United States. All career firefighters shall be residents of
the City of Beacon or reside no more than 30 miles from the nearest
boundary line of the City, except for the Fire Chief who may reside
outside the City of Beacon upon approval by the Mayor.
B.
Names of eligible candidates for the position of the career Fire
Chief or career firefighter shall come from the Dutchess County Civil
Service List. Notwithstanding the foregoing, persons already or previously
employed as a career Fire Chief or career firefighter in another municipality
shall also be eligible for the position of the career Fire Chief and
career firefighter as a lateral transfer as long as all civil service
and local qualifications are satisfied.
C.
It shall be the duty of the career firefighter on duty to respond
to all alarms as dispatched. Additional firefighting duties, as the
incident dictates, may also be undertaken.
D.
It shall be the duty of the career firefighters assigned to each
station to maintain said station according to the Fire Department
Rules and Regulations and to report any and all problems with the
fire apparatus or station to the Fire Chief or Assistant Chiefs as
appropriate.
E.
Minimum training for career firefighter shall consist of those requirements
as stated in Chapter XII, Office of Fire Prevention and Control, Part
426, New York Code of Rules and Regulations, and the Executive Law
§ 159-d.[1]
[1]
Editor's Note: Executive Law § 159-d was repealed
by L.2010, c. 56, pt. B, § 29-a, effective 7-1-2010.
[Amended 11-17-2014 by L.L. No. 14-2014]
A.
Any volunteer
firefighter may be suspended from the Fire Department by the Fire
Chief for incompetence or misconduct.
B.
Charges
seeking removal of any volunteer firefighter shall be handled pursuant
to General Municipal Law § 209-l and the applicable Fire
Department Rules and Regulations.
C.
The provisions
of this section shall not affect the right of members of any fire
company to remove a volunteer officer or voluntary member of such
company for failure to comply with the constitution and bylaws of
such company.
D.
Career
firefighters shall be subject to discipline in accordance with Civil
Service Law and contractual procedure.
The Mayor of the City of Beacon, with the consent of the City
Council, shall appoint a Fire Inspector whose duty it shall be to
enforce the New York State Uniform Fire Prevention and Building Code
and any other local laws and ordinances as prescribed and approved
by New York State.
[Amended 11-17-2014 by L.L. No. 14-2014]
A.
There shall be one or more Fire Police. The Fire Chief shall set minimum qualifications for Fire Police. Each fire company shall submit the name or names of any qualified candidate(s) to the Fire Chief for Fire Police position(s). The Fire Chief shall select the Fire Police from the names provided. The duties of the Fire Police shall consist of the enforcement of the provisions of the fire ordinances contained in Chapters 31 and 119 of this Code, of Articles 120, 145, 240 and 400 of the current Penal Law, of § 50 et seq. of the Multiple Residence Law and of the applicable sections of the Vehicle and Traffic Law of the State of New York, as they may be amended; and the performance of such duties as may be assigned to them by the Fire Chief.
B.
All members
of the Fire Police shall take an oath of office as a fire policeman
in the following form: “I do solemnly swear (or affirm) that
I will support the constitution of the United States, and the constitution
of the State of New York, and that I will faithfully discharge the
duties of the office of fire policeman of the . . .
fire company according to the best of my ability.” Such oath
shall be filed in the office of the City Clerk.
