There shall be a permanent Fire Department (referred
to in this chapter as the "Department") under the control of an officer
to be known as the Chief of the Fire Department, who shall have adequate
knowledge of the organization and administration of a Fire Department
and shall have had experience in the management and direction of Fire
Department equipment and personnel.
The Chief of the Fire Department shall be appointed
by the Town Council and shall receive a salary not exceeding in the
aggregate the amount annually appropriated therefor. The Chief of
the Fire Department may be removed for just cause, only and in accordance
with the Town rules, regulations and procedures, at any time after
a public hearing before a hearing board appointed by the Town Council.
The line of command within the Fire Department
shall descend in the manner and order prescribed by the Chief of the
Department.
The Chief of the Fire Department shall appoint
a deputy Chief or Chiefs and such officers and firefighters as he
may deem necessary and may dismiss or suspend the same for just cause
only and in accordance with the rules, regulations and procedures
of the Fire Department.
The Deputy Chief of the Department shall be
responsible to the Chief of the Department and shall have the direct
personal command, control and supervision over all personnel (both
permanent and call members) when responding to a fire or other disaster
or emergency; he shall be responsible, under the Chief of Department,
for directing all fire-fighting and rescue operations and the use
of apparatus, equipment, appliances, devices, tools and the personnel
thereof, and enforcing the discipline among the companies and the
rules and regulations of the Department.
All officers below the rank of deputy Chief
shall perform such duties as the Chief of the Department and the rules
and regulations shall require of them.
All personnel shall perform such duties as the
Chief of the Department and the rules and regulations shall require
of them.
[Added 9-6-2016 by Ord.
No. 2016-05]
A. The Town
of Smithfield fire and rescue services shall initiate user fees for
the delivery of fire and rescue services, personnel, supplies and
equipment to the scene of motor vehicle accidents and other emergency
incidents as listed in Exhibit A. The rate of user fees shall be based on actual costs of
the services and that which is usual, customary and reasonable, which
may include any services, personnel, supplies, and equipment and with
baselines established by the Smithfield Town Manager.
B. The user
fee shall be filed to the responsible party, representing an add-on
cost of the claim for damages of the vehicles, property and/or injuries.
In the event services are required relating to utilities causing safety
problems to highway areas, and if the area is deemed unsafe by emergency
responders, the same billing process shall apply to said utility,
whose equipment-related problems cause an emergency services response.
The claim costs shall be filed to the insurance coverage of the owner
of a vehicle, owner of property, or responsible parties.
C. The Town
of Smithfield Town 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 it may deem necessary or expedient
in respect to billing for these fees or the collection thereof.
D. This section
shall take effect upon passage and shall be implemented at the earliest
time permitted by law.
E. These user
fees for motor vehicle accidents or any other billable service covered
by this section will apply to all persons whether residing or not
residing within the Town of Smithfield. The payment for such service
is expected to be made by a third-party insurance carrier. At no time
will the Town of Smithfield charge any individual personal party for
services rendered. If a third-party insurance carrier does not pay
for a claim, the claim will be written off as a hardship case. The
only exception to this section will be a court-ordered ruling that
holds an individual party personally responsible and therefore is
made personally responsible for any costs associated with emergency
response fees.