City of Marlborough, MA
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Marlborough as Secs. 6-1 through 6-24 of the 1965 Code (Ch. 17 of the 1986 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Retiree Indemnification Review Board — See Ch. 19, Art. VII.
Fire lanes and fire hydrants — See Ch. 333.
[Amended 10-20-1980 by Ord. No. 20773; 3-16-1981 by Ord. No. 21141; 7-24-2017 by Ord. No. 17-1006795C-2]
The Fire Chief shall be appointed by the Mayor subject to the confirmation of the City Council. The Fire Chief shall be appointed for a term of five years and until his successor is chosen and qualified, commencing with the date of his initial appointment.[1]
[1]
Editor's Note: Original Sec. 6-2 of the 1965 Code, Organization; quorum; presiding officer, which originally followed this section, was repealed 3-16-1981 by Ord. No. 21141.
[Amended 3-16-1981 by Ord. No. 21141; 7-24-2017 by Ord. No. 17-1006795C-2]
The Fire Chief shall assign the members of the Department to the several companies.
[Amended 3-16-1981 by Ord. No. 21141; 7-24-2017 by Ord. No. 17-1006795C-2]
The Fire Chief shall be responsible for the discipline, good order and proper conduct of the officers and men constituting the Department, and for the good condition of all houses, engines and all apparatus and furniture thereto belonging with the Department. He may suspend any officer or member and shall forthwith refer his case to the City Council for action. He shall have the superintendence and, under the direction of the Mayor, the control of the buildings used by the Department, of the furniture therein and of the engines and apparatus and all property appertaining to the Department.
[Amended 3-16-1981 by Ord. No. 21141; 7-24-2017 by Ord. No. 17-1006795C-2]
The Fire Chief shall keep rolls of the companies, specifying the name, age, occupation, residence, date of admission and discharge of each member of the Department. The Fire Chief shall also keep an accurate account of property belonging to the Department. He shall, annually and more often if required, make to the Mayor and the City Council a detailed report of the condition of the Department; of losses and accidents by fire, with the causes thereof as well as can be ascertained; a description of the buildings and other property destroyed or injured the amount of insurance thereon and the names of the owners thereof. Such report shall also contain a list of the members of the Department who have been absent from fires during such term.
[Amended 10-16-1972 by Ord. No. 11861; 9-9-1974 by Ord. No. 13926; 7-21-1980 by Ord. No. 20501; 5-24-1982 by Ord. No. 22161; 7-26-1982 by Ord. No. 22287; 8-12-1985 by Ord. No. 22287; 4-11-1988 by Ord. No. 88-2156A; 5-21-2007 by Ord. No. 07-1001476A; 7-24-2017 by Ord. No. 17-1006795C-2[1]]
A. 
The permanent force of the Fire Department shall consist of a Fire Chief; Assistant Chiefs; Battalion Chiefs; Captains; Lieutenants; and as many firefighters as the Mayor and City Council may from time to time order.
B. 
The Fire Chief and Assistant Chief shall devote their full time to their respective positions, and each shall be a full-time uniformed member of the Fire Department, qualified by training in acceptable fire-fighting standards.
C. 
The Assistant Chiefs shall assist the Fire Chief in the command of the Department.
[1]
Editor’s Note: This ordinance deleted former Subsection D of this section in its entirety and stated that it thereby revoked Ord. No. 07-1001476A, adopted 5-21-2007, by which order the City Council accepted MGL c. 31, § 58A, a statute prohibiting a person, other than a veteran, from having his or her name certified to original appointment to the position of firefighter if such person has reached his or her 32nd birthday on the date of the entrance examination. Ord. No. 17-1006795C-2 went on to state that the revocation shall not affect any civil service or contractual rights that may have come into existence between the City and any current or retired employee thereof as a result of the original acceptance of MGL c. 31, § 58A.
[1]
Editor’s Note: Former § 74-6, Number of call members, as amended, was repealed 7-24-2017 by Ord. No. 17-1006795C-2.
[Added 2-10-1977 by Ord. No. 16473; amended 3-16-1981 by Ord. No. 21141; 7-24-2017 by Ord. No. 17-1006795C-2]
There shall be a Senior Auxiliary Division in the Fire Department consisting of 20 persons to be nominated by the Mayor and approved by the City Council. Each such Senior Auxiliary member shall be compensated at the rate of $200 annually, plus an hourly rate equal to the hourly rate of a permanent firefighter for each hour worked. The Auxiliary Division shall be controlled by such rules and regulations as may be drafted by the Fire Chief of the Fire Department.
[Added 10-6-1980 by Ord. No. 20743; amended 7-24-2017 by Ord. No. 17-1006795C-2]
A. 
There shall be a Junior Fire Cadet Division in the Fire Department consisting of not more than 20 persons to be nominated by the Mayor and approved by the City Council.
B. 
Each Junior Fire Cadet shall be compensated at a wage rate per hour as established by the City at the time duties are performed.
C. 
The Cadet Division shall be controlled by such rules and regulations as may be executed and enforced by the Fire Chief.
D. 
Each candidate for the Cadet Division shall be at least 16 years of age before being nominated by the Mayor.
E. 
Each candidate shall furnish the Fire Chief with a medical exam report by a registered physician which certifies that the candidate is physically competent and fit to carry out the duties of a Junior Fire Cadet.
F. 
Each candidate shall furnish the Fire Chief with express written consent from the candidate's parent(s) or legal guardian allowing the candidate to be considered for the position of Junior Fire Cadet.
G. 
The members of the Junior Fire Cadet Division, with the exception of sixteen- and seventeen-year-old members, shall be limited in the exercise of their duties to extinguishing brushfires within the municipality and then only under the supervision of a permanent firefighter or permanent Command Officer. Said sixteen- and seventeen-year-old members of the Division shall be limited in the exercise of their duties to providing support and clerical service to firefighters, under the above-specified supervision. and then only when such services are not hazardous in nature as determined by the Fire Chief. Further, said members shall not participate in the extinguishing of brushfires.
H. 
Each member of the Cadet Division will be required to complete a minimum of 10 hours of training prior to being assigned duty.
I. 
Each member shall furnish the Fire Chief with a general release from liability prepared by the City Solicitor and signed by the member's parent(s) or legal guardian.
No member of the call men who has passed his 45th birthday shall be promoted and become a permanent member of the Fire Department unless he is certified by the City physician to be physically competent for the duty.
[Amended 7-6-1976 by Ord. No. 15869; 3-16-1981 by Ord. No. 21141; 5-24-1982 by Ord. No. 22162; 7-26-1982 by Ord. No. 22288; 4-11-1988 by Ord. No. 88-2157A; 7-24-2017 by Ord. No. 17-1006795C-2]
A. 
The Fire Chief shall have sole and absolute control and command of all the members of the Department and of all persons at fires or whenever the Department is on duty.
[Amended 3-16-1981 by Ord. No. 21141; 7-24-2017 by Ord. No. 17-1006795C-2]
No member shall be transferred from one company to another except by order of the Fire Chief.
A. 
A permanent firefighter shall receive full compensation for the entire duration of any period of disability resulting from an injury or hazard undergone while in the performance of his regular duties. Such permanent firefighter shall be attended by his family physician and, upon the physician's recommendation, may employ a specialist, and any expenses incurred by him for such physician, specialist and hospital care shall be paid by the City upon the certification of a bill therefor by the Fire Chief.
[Amended 7-24-2017 by Ord. No. 17-1006795C-2]
B. 
All other members of the Fire Department injured or disabled while on actual duty shall be entitled to pay for time lost in consequence of such injury, not exceeding three months.
C. 
Definitions. The following words, as used in this chapter, shall have the following meanings:
HAZARD
Exposure to severe and extraordinary climatic conditions, escaping gases, bursting of gas mains, explosions, infectious diseases and such other circumstances which cannot be reasonably anticipated by the permanent firefighter in the discharge of his regular duties.
PERMANENT FIREFIGHTER
Any permanent full-time firefighter in the Fire Department.
[Amended 7-24-2017 by Ord. No. 17-1006795C-2]
The Captains shall preserve order and discipline in their respective companies and shall promptly report in writing to the Fire Chief the name of any member guilty of misconduct. The Captains shall cause to be kept by the respective clerks rolls of the companies, specifying the date of admission and discharge of each member, with the age, residence and occupation of each, and a record of all the property entrusted to their care. These rolls and record books shall at all times be subject to the inspection of the Fire Chief, who shall be furnished with copies thereof whenever he so requires.
The officers and members of the several fire companies, at every alarm of fire in the City, shall report forthwith to their respective apparatus or to the fire.
[Amended 7-24-2017 by Ord. No. 17-1006795C-2]
Every member of the Department shall wear at every fire such badge as the Fire Chief shall prescribe.
No person who is not a member of the Department or of the City Council shall, except by permission of the officer in command, enter within the lines formed at a fire.
[Amended 3-16-1981 by Ord. No. 21141; 7-24-2017 by Ord. No. 17-1006795C-2]
A. 
The Fire Chief shall, on Monday of each week, prepare a payroll of all persons permanently employed in the Department, which shall be presented to the City Auditor. On the last day of each half year, the Clerk of each company shall make a payroll bearing the full name and residence of each call member of the company.
B. 
The Fire Chief shall examine these payrolls for permanent and call members and also all bills and amounts against the Department and, if they are correct, shall approve and present them with the payrolls of the several companies and the Department to the City Auditor.
[Amended 7-24-2017 by Ord. No. 17-1006795C-2]
Under the direction of the Fire Chief, the Superintendent of the Fire Alarm shall have the care and management of the rooms, apparatus and machinery connected with the fire alarm telegraph and shall determine to whom shall be entrusted the keys of the signal boxes. He shall make rules and directions for giving alarms of fire through the telegraph.
No person shall interfere with any of the signal boxes, wires, poles or other supports of the wires without authority from the officers having charge thereof.
[Amended 3-16-1981 by Ord. No. 21141; 7-24-2017 by Ord. No. 17-1006795C-2]
The Fire Chief shall cause every person raising a false alarm of fire to be prosecuted.
No gambling shall be allowed in any building occupied by the Fire Department nor shall spirituous liquors be carried into, kept or used therein.
No person shall draw water from the reservoirs or hydrants except in case of fire and except as otherwise provided.
No part of the fire apparatus shall be taken from the City unless approved by the Fire Chief or his assigned designee.[1]
[1]
Editor’s Note: Former § 74-24, Board of Engineers reorganized, added 3-16-1981 by Ord. No. 21142, as amended, and § 74-25, Intermittent firefighters, added 2-24-1986 by Ord. No. 86-794, as amended, which immediately followed this section, were repealed 7-24-2017 by Ord. No. 17-1006795C-2.