[HISTORY: Adopted by the City Council of
the City of Colonial Heights 4-8-1975 as Ch. 11, Art. IV, of the 1975
Code. Amendments noted where applicable.]
CHARTER REFERENCES
Responsibility for public safety functions — See
Sec. 11.1.
Fire Department — See Sec. 11.7.
[Amended 4-14-1987 by Ord. No. 87-5; 10-9-2018 by Ord. No.
18-29]
A.
The
City of Colonial Heights Fire and EMS Department shall be responsible
for fire fighting and emergency medical services in the City.
B.
Wherever either the term "Fire Department" or "Department" appears
in this chapter, it shall mean the Fire and EMS Department.
C.
The Fire Department shall consist of such personnel,
regular and volunteer, either or both, and having such ranks, as may
from time to time be authorized by the City Council.
[Amended 8-17-1976 by Ord. No. 76-33]
The head of the Fire Department shall be the
Fire Chief and shall be appointed by the City Manager.
[Amended 8-17-1976 by Ord. No. 76-33; 9-13-1988 by Ord. No. 88-34]
A.
The Chief of the Fire Department, under the general
supervision of the City Manager, shall be the commanding officer of
the Fire Department and shall have the powers and perform the duties
prescribed for his office by state law, the City Charter, this Code
and other ordinances and resolutions of the City Council, and he shall
be responsible for the:
(1)
Administration, training, discipline and morale of
the members of the Fire Department;
(2)
Maintenance and good care of the equipment and apparatus
of the Fire Department; and
(3)
Efficient employment of personnel, equipment and apparatus of the
Department for the prevention and extinguishment of fires and the
provision of emergency medical services within the City.
[Amended 10-9-2018 by Ord. No. 18-29]
B.
The Chief of the Fire Department shall serve as Fire
Prevention Code Official and Fire Marshal.
[Amended 8-17-1976 by Ord. No. 76-33]
A.
The Assistant Chief and other officers of the Fire
Department shall have such powers and perform such duties as may be
delegated to them by the Chief of the Fire Department. In the absence
or disability of the Chief of the Fire Department, the Assistant Chief
shall assume command of the Department and exercise the powers and
perform the duties of the Chief.
B.
The chain of command shall descend from the Chief through the Assistant Chief to the other officers and members of the Department in such order as shall be prescribed in the department regulations authorized in § 32-8, and, in the absence or disability of any officer or other member of the Department, the person next highest in the chain of command shall exercise the powers and perform the duties of the officer or other member so absent or disabled.
C.
It shall be unlawful for any officer or other member
of the Fire Department to refuse or neglect to obey any lawful order
of his superior in the chain of command, and any person found guilty
of a violation of this subsection shall be fined not to exceed $100.[1]
[1]
Editor's Note: For a state law penalty the
same as the penalty provided in this subsection, see Code of Virginia,
§ 27-15.1:1.
It shall be the duty of the Chief of the Fire
Department to hold, after due notice, a practice drill of not less
than two hours at least once every month. It shall be the duty of
each active member of the Fire Department to attend all practice drills
the same as all fire alarms.
[Amended 10-9-2018 by Ord. No. 18-29]
The Fire Department and all members thereof
shall have all the powers and perform all the duties prescribed for
them, respectively, by the City Charter, this chapter and other ordinances
and by state law, with particular reference to Article 1, Chapter
2, of Title 27 of the Code of Virginia (§ 27-6.01 et seq.).
The Fire Department and police officers of the
City are hereby given the authority to stretch lines around any fire
area, and no person shall be allowed within this enclosure except
persons connected with the Fire or Police Department of the city,
City officials, persons holding passes signed by authority of the
Chief of the Fire Department and the owners or occupants of the buildings
so enclosed, and it shall be unlawful for any other person to pass
within any area so enclosed.
The City Manager, in consultation with the Chief
of the Fire Department as a representative of the members of the Department
appointed by the members, may from time to time promulgate and amend
such regulations for the Fire Department, not inconsistent with state
law, the City Charter, this chapter or any other ordinance or resolution
of the City Council, as may be deemed appropriate for the government
of the Fire Department or to implement the provisions of this chapter.
Such regulations shall be in full force and effect when approved by
resolution of the City Council and a true copy thereof has been placed
on file in the office of the City Clerk and another true copy thereof
has been placed on file in the office of the Chief of the Fire Department
and is there made available to the members of the Department for inspection
and use during all regular business hours, and it shall then be unlawful
for any member of the Department to violate or fail to comply with
any such approved regulation so filed at Department headquarters.
Pursuant to § 27-7 of the Code of Virginia, the City Council hereby empowers the members of the Fire Department to make bylaws to promote the purposes and objectives of the Department, not inconsistent with state law, the City Charter, this chapter or other ordinance or resolution of the City Council, provided that such bylaws shall not become effective until approved by resolution of the City Council.
[Added 2-13-2001 by Ord. No. 01-3[1]]
A.
The Chief of the Fire Department shall be the Fire
Marshal.
B.
Within the Fire Department, there shall be appointed, by the Fire Marshal, such deputies and assistants as may be necessary. These deputies and assistants shall have the same powers and perform the same duties as the Fire Marshal, at his direction or in his absence. The Fire Marshal, his deputies and assistants shall be responsible for the enforcement of the Fire Prevention Code referenced by Chapter 128 of this Code, this chapter, and related laws of the City and state, and for the investigation and prosecution of all cases of alleged arson and other fire-related incidents suspected to involve criminality.
C.
In making such investigations, the Fire Marshal, his
deputies and assistants may issue a summons directed to the Sheriff
of the City commanding him to summon witnesses to attend before the
Fire Marshal, or his authorized designee, at such time and place as
he may direct. Any such officer to whom the summons is delivered shall
forthwith execute it and make return thereof to the Fire Marshal,
his deputy or assistant, at the time and place named therein. Any
witnesses on whom such summonses are served may be compelled by the
Fire Marshal, his deputy or assistant, to attend and give evidence
and shall be liable in like manner as if the summonses had been issued
by a Magistrate in a criminal case. They shall be sworn by the Fire
Marshal, his deputy or assistant, before giving evidence, and their
evidence shall be reduced to writing by him or under his direction
and subscribed by them, respectively.
D.
The Fire Marshal, his deputies and assistants, before
entering upon their duties, shall respectively take an oath, before
any officer authorized to administer oaths, faithfully to discharge
the duties of such office. A certificate of the oath shall be returned
to and preserved by the City Clerk.
E.
The Fire Marshal, his deputies and assistants shall
have the authority to arrest, to procure and serve warrants of arrest
and to issue summons in the manner authorized by general law, for
violation of fire prevention and fire safety laws and related ordinances
and laws of the City and state. The authority granted in this section
shall not be exercised until such person has satisfactorily completed
a training course for firemarshals and their assistants, which course
shall be approved by the Virginia Fire Services Board.
F.
The Fire Marshal and his designated deputies and assistants
shall have the same police powers as a Sheriff, police officer or
law enforcement officer. The investigation and prosecution of all
offenses pursuant to Title 27 of the Code of Virginia, as amended,
shall be the responsibility of the Fire Marshal or his designee. The
investigation and prosecution of all offenses involving hazardous
materials, fires, fire bombings, bombings, attempts or threats to
commit such offenses, false alarms relating to such offenses, possession
and manufacture of explosive devices, substances and fire bombs shall
be the responsibility of the Fire Marshal or his designee. The police
powers granted in this section shall not be exercised by the Fire
Marshal or any deputy or assistant until such person has satisfactorily
completed a course designed for fire marshals with police powers,
and approved by the Virginia Fire Services Board. In addition, such
person with police powers shall continue to exercise those powers
only upon participation in, and satisfactory completion of, in-service
and advanced courses and programs as shall be required and approved
by the Virginia Fire Services Board.
G.
The Fire Marshal, his deputies and assistants shall
have the authority to exercise the powers authorized by the Fire Prevention
Code.
[1]
Editor's Note: This ordinance became effective
upon passage on first reading as an emergency measure.
[Added 2-13-2001 by Ord. No. 01-3[1]]
The Fire Marshal, his deputies and assistants
shall have the right to enter upon any property from which a release
of any hazardous material, hazardous waste or regulated substance,
as defined in §§ 10.1-1400 or 62.1-44.34:8 of the Code
of Virginia, has occurred or is reasonably suspected to have occurred
and which has entered into the ground water, surface water or soils
of the city, in order to investigate the extent and cause of any such
release. If, in undertaking such an investigation, the Fire Marshal,
his deputy or assistant makes an affidavit under oath that the origin
or cause of any such release is undetermined and that he has been
refused admittance to the property, or is unable to gain permission
to enter the property, any magistrate of the City may issue an investigation
warrant to the Fire Marshal, his deputy or assistant authorizing him
to enter such property for the purpose of determining the origin and
source of the release. If the Fire Marshal, his deputy or assistant,
after gaining access to any property pursuant to such investigation
warrant, has probable cause to believe that the release was caused
by an act constituting a criminal offense, he shall discontinue the
investigation until a search warrant has been obtained or consent
to conduct the search has otherwise been given.
[1]
Editor's Note: This ordinance become effective
upon passage on first reading as an emergency measure.
[Added 6-21-2002 by Ord. No. 02-22[1]]
A.
Pursuant to Code of Virginia § 32.1-111.14,
it is hereby determined and declared that the exercise of the powers
and duties set forth herein is necessary to assure the provision of
adequate and continuing emergency services and to preserve, protect
and promote the public health, safety and general welfare.
B.
Definitions. The following definitions shall apply
to ambulance charges:
|
BASIC LIFE SUPPORT (BLS) — Services
shall be medical treatment or procedures provided to a patient as
defined by the National Emergency Medicine Services (EMS) Education
and Practice Blueprint for the Emergency Medical Technician (EMT)-Basic.
| |
|
ADVANCED LIFE SUPPORT LEVEL 1 (ALS-1) — Services
shall be medical treatment or procedures provided to a patient beyond
the scope of an EMT-Basic as defined by the National EMS Education
and Practice Blueprint.
| |
|
ADVANCED LIFE SUPPORT LEVEL 2 (ALS-2) — Services
shall be defined as advanced life support (ALS) services provided
to a patient including any of the following medical procedures: manual
defibrillation/cardioversion, endotracheal intubation, central venous
line, cardiac pacing, chest decompression, surgical airway, or intraosseous
line, and the administration of three or more medications.
| |
|
LOADED MILEAGE (LM) — Shall
be assessed in statute mile from the location where the patient is
picked up to a hospital or other facility where a patient is transported.
|
C.
The schedule of rates for emergency ambulance transport
services by the City of Colonial Heights shall be as follows:
[Amended 6-14-2005 by Ord. No. 05-10; 5-14-2013 by Ord. No. 13-4]
|
Service
|
Fee
|
|---|---|
|
BLS
|
$450.00
|
|
ALS-1
|
$550.00
|
|
ALS-2
|
$800.00
|
|
LM
|
$10.00 per loaded mile in addition to transport
charges
|
D.
The Chief of the Fire and EMS Department is hereby
authorized and directed to establish rules and regulations for the
administration of the charges imposed by this section, including,
but not limited to, a subscription program for City residents and
payment standards for those persons who demonstrate economic hardship,
as permitted by applicable law.
[1]
Editor's Note: This ordinance stated that
it would be in effect for all emergency ambulance transports as of
9-1-2002.
[Added 10-11-2005 by Ord. No. 05-23;
amended 10-9-2018 by Ord. No. 18-29]
Pursuant to the authority of Code of Virginia,
§ 40.1-79.1, the City hereby authorizes any minor 16 years
of age or older who resides in the Commonwealth of Virginia, and is
a member of a volunteer fire company within the City of Colonial Heights,
with parental or guardian approval, to seek certification under National
Fire Protection Association 1001, level one, firefighter standards,
as administered by the Department of Fire Programs and work with or
participate fully in all activities of such volunteer fire company,
provided such minor has attained certification under National Fire
Protection Association 1001, level one, firefighter standards, as
administered by the Department of Fire Programs. The certification
record and consent for each participant shall be kept on file in the
office of the City of Colonial Heights Fire and EMS Department.
[Added 10-9-2018 by Ord.
No. 18-29]
A.
Pursuant to Paragraph A.35 of Virginia State Code § 19.2-389,
the Colonial Heights Fire and EMS Department shall request and receive
criminal history record information on any applicants for employment,
including applicants conditionally accepted for employment, whose
position requires that they enter the homes of others. The Department
Chief or his designee shall consider each applicant's criminal
history record information in determining whether the applicant's
prior criminal conduct, if any, is incompatible with employment with
the Department. The Chief or his designee shall have broad discretion
in determining whether an applicant's prior criminal conduct
is incompatible with employment with the Department. The criminal
history record information shall be considered confidential, shall
be used solely to assess a person's fitness for employment with
the Department, and shall be disseminated only to individuals involved
in the assessment process.
B.
As part of the Department's criminal background check for any
applicant for employment whose position requires that he enter the
homes of others, the applicant shall be fingerprinted by an agency
the Chief designates and provide other descriptive information that
the Chief requests. The applicant's fingerprints and other descriptive
information shall be processed through the Virginia Central Criminal
Records Exchange.
