Pursuant to § 7-301 of the General Statutes of Connecticut
there is hereby established a Town Fire Department, which shall have
all of the powers and duties of a Town fire department as prescribed
by statute, Town Charter, or otherwise, which is established for the
purpose of protection from fire or other disaster, persons and property
within the limits of the Town of East Hampton, or as otherwise hereinafter
provided.
[Amended 8-14-2018]
A.
The
management, discipline, and control thereof shall be vested in a Board
of Fire Commissioners, which shall have powers as this chapter and
statute provide. The Board of Fire Commissioners shall be subject
to the purchasing requirements as outlined by the Town Charter for
acquisition of all supplies and equipment necessary for its operation
and shall have the statutory power to enter into agreements with any
volunteer fire company or companies within the Town for the protection
thereof from fire on such conditions as to the financial assistance
and the observance of the regulations as such Board of Fire Commissioners
shall prescribe, subject, however, to the provision of this chapter.
B.
Said
Board of Fire Commissioners shall promote proper cooperation and coordinate
activities among the several divisions of the Department and/or companies
or other municipal agencies, boards, or commissions, public or private,
whose aims are to provide protection from fire or other disaster for
persons or property within East Hampton.
C.
Subject
to statute and Town Charter and the terms of this chapter, the Board
of Fire Commissioners has the power and authority to make agreements
with the State of Connecticut, other towns, municipalities, fire districts,
and government bodies representing them to promote mutual fire protection
and provide maximum fire and other disaster protection for East Hampton.
When authorized by the Town Council, expenses incurred in carrying
out the foregoing shall be paid as a municipal expense by the Town
of East Hampton.
D.
Fire Marshal.
(1)
Appointment of Fire Marshal. The Board of Fire Commissioners shall
appoint a local Fire Marshal. In making such appointment, preference
shall be given to a member of the regular or volunteer Fire Department
of the Town of East Hampton. The local Fire Marshal shall be sworn
to the faithful performance of his duties by the Clerk of the Town
of East Hampton and shall continue to serve in that office until removed
for cause by the Board of Fire Commissioners in accordance with the
procedure set forth in this chapter.
(2)
Duties of Fire Marshal.
(a)
The local Fire Marshal shall annually inspect all buildings
and facilities of public service and occupancies, except one- and
two-family dwellings, regulated by the State Fire Safety Code, and
inspect other buildings upon receiving an authentic report that they
pose a fire hazard that could endanger life.
(b)
The local Fire Marshal shall, where applicable, review plans
for buildings and structures under their jurisdiction to determine
compliance with the Fire Safety Code before the building permits are
issued.
(c)
The local Fire Marshal shall investigate the cause, origin,
and circumstances of all fires that caused or threatened to cause
property or personal damage or deaths.
(d)
The local Fire Marshal shall certify that residential buildings
subject to the Fire Safety Code are equipped with code-compliant smoke
detection and warning equipment before they are issued a certificate
of occupancy.
(e)
The local Fire Marshal shall, upon receiving a complaint, inspect
one- and two-family dwellings to ensure that statutory requirements
on smoke detection and warning equipment are satisfied.
(f)
The local Fire Marshal shall issue permits for keeping, selling,
using, storing, procuring, or transporting explosives.
(g)
The local Fire Marshal shall inspect fireworks and special effects
display sites.
(h)
The local Fire Marshal shall determine the appropriate amount
of fire protection and fire extinguishing equipment required at amusement
parks, sporting events and carnivals.
(i)
The local Fire Marshal shall issue open burning permits.
(3)
Oversight and reporting of local Fire Marshal. The day-to-day reporting
and determining compliance with the fulfillment of the local Fire
Marshal's duties stated above shall be overseen by the Town Manager.
(4)
Dismissal of local Fire Marshal. If the local Fire Marshal fails
to faithfully perform the duties of his office, the Board of Fire
Commissioners shall, after proper inquiry, dismiss him and appoint
another in his place. The local Fire Marshal shall not be dismissed
unless he has been given notice, in writing, of the specific grounds
for such dismissal and a meaningful opportunity to be heard in his
own defense, personally or by counsel, at a public hearing, before
the Board of Fire Commissioners, who possess the power of dismissal.
This meaningful opportunity includes the production at the public
hearing, by the Board of Fire Commissioners, of the person or persons
whose complaints form the basis of the ground or grounds in the notification
of grounds for potential dismissal and the opportunity to examine
at that time any or all of these complainants should the local Fire
Marshal decide to do so. The local Fire Marshal shall also be provided
with a written statement indicating the reason or reasons upon which
the Board of Fire Commissioners premise dismissal, if that is the
sanction imposed. Such public hearing shall be held not less than
five nor more than 10 days after such notice.
(5)
Appeal. Any person so dismissed may appeal within 30 days following
such dismissal to the Superior Court for the judicial district of
Middlesex at Middletown. Service shall be made as in civil process.
Said court shall review the record of such hearing and, if it appears
upon the hearing upon the appeal that testimony is necessary for an
equitable disposition of the appeal, it may take evidence or appoint
a referee or a committee to take such evidence as it may direct and
report the same to the court with his or its findings of fact, which
report shall constitute a part of the proceedings upon which the determination
of the court shall be made. The court, upon such appeal, and after
a hearing thereon, may affirm the action of such authority, or may
set the same aside if it finds that such authority acted illegally
or arbitrarily or in the abuse of its discretion or with bad faith
or malice.
