[Adopted 2-27-1989 as Arts. I and
III of Ord. No. 829-89 (Ch. 19, Arts. I and III, of the 1989 Code)]
All the provisions and requirements of Article XXI of the Third Class City Code of Pennsylvania, insofar as such provisions and requirements have application within the City, relative to fire departments and fire marshals are hereby accepted, approved and adopted and made a part of this Part 1 as fully as though set out herein.
The several fire companies, known as "Washington
Hose Fire Company No. 1" and "West End Fire Company No. 3," and any
fire company which may be established and recognized by the City Council,
shall constitute the Fire Department of the City of Coatesville, Pennsylvania.
Except as may be provided by an agreement entered
into by the City Council with a political subdivision of the state,
the Fire Department may fight fires and use the City fire-fighting
equipment outside the corporate limits of the City upon permission
from the City Manager. In the event of the absence of the City Manager
or of his or her inability to act, such permission shall be secured
from the Chief of the Fire Department. In the event of the absence
of both the City Manager and the Chief of the Fire Department, permission
shall be secured from the Deputy Chief or Assistant Chief of the Fire
Department.
The City Manager or or Fire Chief may call on
the Fire Department of any nearby municipality for its fire apparatus
for the purpose of fighting fire within the City. Should such assistance
be asked of any such municipality, this City hereby agrees to indemnify
and save harmless any such municipality for any loss or damage that
may occur to the City's fire apparatus.
A.
It shall be unlawful for any person to store any flammable liquids, as defined in the Fire Prevention Code adopted by Part 2, Fire Prevention, in outside aboveground tanks at any place within the City, except within the I-2 Heavy Industrial Zoning District, as established by Chapter 224, Zoning; provided, however, that any storage of Class I and Class II flammable liquids, as so defined, in aboveground tanks within the corporate limits as of January 1, 1989, shall be allowed to continue and the use of facilities connected therewith shall be permitted, but such facilities may not be added to or extended in any way.
C.
Any person convicted of a violation of this section
shall be punished by a fine of not more than $1,000.
[Amended 3-25-1996 by Ord. No. 1012-96]
[Amended 3-25-1996 by Ord. No. 1012-96]
It shall be unlawful for any person, other than
a duly authorized employee or agent of the City, to tamper with or
use any fire hydrant in the City. A violation of this section shall
be punished by a fine of not more than $1,000.
Any person who intentionally sets or procures
another to set fire to any woods, brush, leaves, grass, straw or any
other flammable substance capable of spreading fire and who intentionally
allows the fire to escape to lands not his or her own, whereby the
property of another is damaged or jeopardized, shall be guilty of
a misdemeanor and shall be liable for the full amount of all expenses
incurred in fighting the fire.
If any person carelessly, negligently or intentionally
sets any woods or marshes on fire or sets fire to any stubble, brush,
straw or any other substance capable of spreading fire on lands, whereby
the property of another is damaged or jeopardized, shall be guilty
of a misdemeanor and shall be liable for the full amount of all expenses
incurred in fighting the fire.
[Added 7-22-2002 by Ord. No. 1198-2002]
A.
Except as provided in Subsection C below, the owner of a building or structure containing truss construction in any form or manner shall install and maintain a truss emblem in a location so specified by the Fire Department. The location will be designated as close to the main entrance as possible and at a height not more than five feet above the floor level. These emblems will be provided by the Fire Department at a cost determined by resolution by City Council and listed in Chapter 108 of the City Code.
B.
The owner and/or developer of a residential subdivision
or multifamily occupancy shall install and maintain a truss emblem
within the public right-of-way or within the common elements areas
as so determined by the Fire Department.
C.
Single-family dwelling units or semidetached dwelling
units containing not more than two dwelling units shall be exempt
from installing and maintaining the truss emblem.
D.
The Fire Department, with approval of the Fire Chief,
shall determine the exact location for the designated location of
such truss emblem and keep such record on file in the Fire Department
along with the application being filed in the property file in the
Codes Department at City Hall.
E.
The provisions of this section shall apply to the
owners of existing buildings or structures having truss construction
but such owners shall have six months from the effective date of this
section to comply.
F.
The truss emblem will be a triangle in design with
a white background with the following letters marked in red in the
inside: (F) floor truss construction, (R) roof truss construction,
(FR) floor and roof truss construction.
[Amended 12-22-2005 by Ord. No. 1269-2005]
The City Manager, with the concurrence of the
City Council, shall appoint the Chief of the Fire Department, to the
extent that this position is determined to be needed or required by
state law. The Fire Chief, if appointed, shall work under the supervision
of the City Manager and shall be appointed in accordance with the
qualifications hereinafter provided. The Fire Chief shall work for
the City upon terms agreed upon between the City and the person so
appointed, with or without compensation, and at hours determined by
agreement between the parties.
The Chief of the Fire Department shall possess
the following minimum qualifications. He or she shall:
A.
Be a citizen of the United States.
B.
Have attained the age of 25 years.
C.
Have been an active firefighter for at least the previous
10 years and have been in a fire management position for at least
three years.
D.
Possess a minimum of a high school education.
E.
Have minimum training in fire prevention, management
and administration as provided in the job description approved by
the City Manager.
F.
Unless otherwise approved by the City Council, be
a resident of the City at the time of appointment or within six months
of the date of appointment.
G.
Have other qualifications as set forth in the job
description prepared and approved by the City Manager.
A.
The administration of the fire laws of the City shall
be enforced by the Fire Chief, who shall have the duties, responsibilities
and authority prescribed by the City Code and the laws for Fire Chiefs
in the cities of the Commonwealth of Pennsylvania. He or she shall
have the power and it shall be his\her duty to enforce the laws of
the commonwealth, together with the authority to prohibit any and
all bonfires and outdoor rubbish fires when atmospheric conditions
or local circumstances make such fires hazardous; and to make and
enforce such additional rules and regulations as permitted him\her
by law, as well as any and all rules and regulations now or hereafter
adopted by and enacted and ordained by the City Council.
B.
The Fire Chief shall have full control of the Fire
Department, assign to each company its duties when occasion arises
and dismiss said companies when their services are no longer required.
In case of fire, he\she shall have full control of all fire apparatus
and give directions how, when or where to use them and where the hose
shall be attached and direct the streams and have general supervision
over such matters. The Fire Chief may, with the approval of the City
Manager, prescribe rules for the regulation and management of the
companies at fires and tests and going to and returning therefrom
and, where in his\her judgment necessary, cause the scene of the fire
to be secured and admit none within the secured area except firefighters
and those immediately interested in the property on fire. He or she
shall issue and enforce all such orders as, in his or her judgment,
are necessary to protect the property and extinguish the fire. He
or she shall see to the enforcement of all ordinances and rules and
regulations governing the Fire Department. He or she shall investigate
all fires and keep a correct account of them and shall, at a stated
meeting of the City Council, make an annual report containing an account
of all fires during the year past with the probable cause and approximate
loss and the amount of insurance on property destroyed and damaged,
as well as full statement of the condition of the Fire Department.
He or she shall visit each company on a regular basis at least weekly,
make a minute inspection of its apparatus, ascertain its condition
and report the same monthly to the City Manager. For all purposes
involving the functions of his\her office, he or she shall have free
access at all times to the houses and buildings of the fire companies
constituting the Fire Department and shall be furnished by each company
with a key to the door to its apparatus room.
The City Manager, upon concurrence of City Council,
may remove the Fire Chief for incompetence, neglect of duty or any
other cause involving the powers and duties of such officer, on charges
preferred and sustained and after a hearing before City Council if
so requested by the Fire Chief. The City Manager shall, upon any vacancy
of Fire Chief, appoint a temporary Fire Chief until such time as a
permanent Fire Chief shall be appointed. The temporary Fire Chief
shall have the same responsibilities, powers and duties assigned to
the permanent Fire Chief.
A.
There is hereby created the position of Deputy Fire
Chief, who shall serve as first in command after the Fire Chief and
shall be a volunteer firefighter selected by his or her fire company
as hereinafter provided. In the absence of the Fire Chief, the Deputy
Fire Chief shall assume the full responsibilities, duties and powers
of the Fire Chief. The Deputy Fire Chief shall exercise the normal
responsibilities, duties and powers as hereinafter set forth.
B.
There is hereby created the position of Assistant
Fire Chief, who shall serve as second in command after the Fire Chief
and the Deputy Fire Chief and shall be a volunteer firefighter selected
by his or her fire company as hereinafter provided. In the absence
of the Fire Chief and the Deputy Fire Chief, the Assistant Fire Chief
shall assume the full responsibilities, duties and powers of the Fire
Chief. The Assistant Fire Chief shall exercise the normal responsibilities,
duties and powers as hereinafter set forth.
C.
In the event of a vacancy in either Deputy Fire Chief
or Assistant Fire Chief, the company which appointed the person who
vacated the position shall nominate a qualified person to serve the
balance of the unexpired term. Upon the termination or expiration
of said term, the company rotation in filling the positions shall
continue unaffected by the vacancy.
[Amended 1-11-1993 by Ord. No. 911-92; 3-28-1994 by Ord. No. 967-94]
D.
In the event that the person designated by a company
to fill either the Deputy Fire Chief or Assistant Fire Chief position
is not qualified to serve in the position and if the nonappointing
company has a person who would be qualified to fill that position,
the nonappointing company shall make the appointment for the position.
Such an appointment shall be an interim appointment, and the person
so appointed shall serve in the appointed position until the company
whose regular turn it was to nominate the position has an individual
qualified to fill the position. At such time, the company whose turn
it is to fill the position shall appoint its appointee to that position
for the remainder of the unexpired term of the position. The alternating
three-year rotation will not be affected by such appointments.
[Amended 1-11-1993 by Ord. No. 911-92; 3-28-1994 by Ord. No. 967-94]
A.
The Deputy Fire Chief shall act in behalf of the Fire
Chief in his or her absence. He or she shall assist the Fire Chief
in all efforts of fire prevention, suppression, education and training
activities. He or she will be the staff liaison officer between the
volunteer firefighters and the City administration and shall recommend
to the Fire Chief such activities he or she may deem prudent and necessary
for training, recruitment and morale of volunteers, maintenance of
equipment, purchase of new equipment by the City and the preparation
of the annual budget to be submitted to the City Manager. For all
purposes involving the functions of his or her office, he or she shall
have free access at all times to the houses and buildings of the fire
companies constituting the Fire Department and shall be furnished
by each company with a key to the door to its apparatus room. He or
she shall perform such other duties as may be designated by the Fire
Chief and as may be set forth in the job description prepared by the
Fire Chief and approved by the City Manager. The Deputy Fire Chief
shall also be a member of the Advisory Fire Committee hereafter created.
B.
The Deputy Fire Chief shall have been a member in
good standing in his or her respective fire company for a least 10
succeeding years. He or she shall have completed the minimum training
courses in fire fighting, including fire prevention, fire suppression
and fire management. He or she shall possess demonstrated qualities
of leadership and be well versed in the Fire Prevention Code and the
laws and ordinances of the City, state and federal governments pertaining
to fire prevention, suppression and management. He or she shall possess
such other qualifications as set forth in aforesaid job description
approved by the City Manager.
A.
The Assistant Fire Chief shall act in behalf of the
Deputy Fire Chief in his or her absence and in behalf of the Fire
Chief in the absence of both the Fire Chief and the Deputy Fire Chief.
He or she shall assist the Deputy Fire Chief as requested in carrying
out the duties of the Deputy Fire Chief. He or she shall be responsible
for all water supply operations during a fire suppression. For all
purposes involving the functions of his or her office, he or she shall
have free access at all times to the houses and buildings of the fire
companies constituting the Fire Department and shall be furnished
by each company with a key to the door to its apparatus room. He or
she shall perform such other duties as may be designated by the Fire
Chief and the Deputy Fire Chief and as may be set forth in the aforesaid
job description approved by the City Manager.
[Amended 11-26-1990 by Ord. No. 868-90]
B.
The Assistant Fire Chief shall have been a member
in good standing in his or her respective fire company for a least
seven succeeding years. He or she shall have completed the minimum
training courses in fire fighting, including fire prevention and suppression.
He or she shall possess demonstrated qualities of leadership and be
well versed in the Fire Prevention Code and the laws and ordinances
of the City, state and federal governments pertaining to fire prevention,
suppression and management. He or she shall possess such other qualifications
as may be set forth in aforesaid job description approved by the City
Manager.
A.
There shall be as many full-time, paid fire drivers
and part-time fire drivers as may, from time to time, be approved
by City Council and appointed by the City Manager upon recommendation
of the Fire Chief. They shall be directly responsible to the Fire
Chief in the performance of their duties.
B.
The fire driver shall have direct responsibilities
for the proper maintenance of all fire apparatus owned by the City
and shall maintain the firehouse to which he or she is assigned. He
or she shall report to the Fire Chief immediately any problems or
concerns he or she may have regarding the proper operation of the
fire apparatus and any problems concerning the fire station. He or
she shall keep the Fire Chief advised of any requirements for the
safe and efficient operation of the fire equipment. He or she shall
be fully trained in the operation of all fire apparatus and shall
be the apparatus operator during the suppression of a fire. He or
she shall be acutely familiar with the Fire Prevention Code and the
laws and ordinances of the City, state and federal governments and
shall make inspections for enforcement of said codes and laws as directed
by the Fire Chief. He or she shall perform such other duties as may
be required by the Fire Chief and as set forth in the job description
prepared by the Fire Chief and approved by the City Manager and shall
continue in compliance with all written rules and regulations as may
be promulgated by the Fire Chief and approved by the City Manager.
C.
The fire driver shall be in excellent physical condition
and shall have been an active firefighter for at least three succeeding
years before appointment to the position with a minimum of Fire Fighting
I. He or she shall be fully trained and meet all qualification requirements
for each fire apparatus he or she is to operate. He or she shall have
completed minimum training requirements for firefighter and shall
possess at least a Class II Pennsylvania driver's license. He or she
shall have such other qualifications as set forth in the aforesaid
job description.
A.
There is hereby created an Advisory Fire Committee,
which shall advise the City Council, City administration and Fire
Department on matters pertaining to fire prevention, suppression and
management. The Committee shall be a liaison between the fire companies
and the community at large and shall recommend such matters it may
feel necessary for the protection and welfare of the citizens and
the volunteers of the Fire Department. The Advisory Committee shall
participate and advise in the preparation of the annual budget to
be submitted to the City Manager. The Fire Chief, however, shall be
responsible for making the final budget recommendation to the City
Manager.
B.
The Advisory Fire Committee shall review qualifications
and recommend the appointment of the Deputy and Assistant Fire Chiefs.
It shall be the liaison between their respective fire companies and
the City and shall monitor and attempt to resolve any problems within
the companies. Should it not be able to resolve a problem, it shall
consult with the City Manager for assistance. The Committee shall
also review and make the final decision on any grievances submitted
by any volunteer.
C.
There shall be seven members of the Advisory Fire
Committee. The Deputy Fire Chief shall be a member and shall serve
during the term of his or her office as Deputy Fire Chief. Each fire
company shall appoint two members from its active membership, who
shall serve at the pleasure of the fire company. The remaining two
members of the Advisory Fire Committee shall be appointed by the City
Council as citizens at large and shall serve for a period of three
years and may succeed themselves as desired by the City Council. The
members of the Advisory Fire Committee shall serve without compensation.
D.
After appointment, the Fire Chief shall call the initial
meeting of the Advisory Fire Committee and shall preside until a Chairperson
has been duly elected from its membership, after which said Chairperson
shall take office. There shall also be a Vice Chairperson elected
from the membership. Thereafter, election of Chairperson and Vice
Chairperson shall be held in January 1990 and each succeeding year.
The Fire Chief shall serve as secretary and shall prepare and disseminate
the minutes of each meeting. The Fire Advisory Committee shall set
the times and dates of their meetings, which shall be held no less
than quarterly.
E.
Attendance.
[Added 4-22-2013 by Ord. No. 1404-2013]
(1)
Any
member of the Advisory Fire Committee absent from three or more consecutive
regular meetings of the Advisory Fire Committee without an approved
leave of absence granted by the City Council after public hearing
and prior written notice thereof shall be removed from the Advisory
Fire Committee by the City Council of the City of Coatesville.
(2)
Any
member of the Advisory Fire Committee absent from 20% or more of the
regularly scheduled meetings of the Advisory Fire Committee within
any one-year period shall be notified in writing by the City Manager
acting on behalf of the City Council of the attendance requirements
of this subsection. Any member of the Advisory Fire Committee who
is absent from 20% or more of the regularly scheduled meetings within
a one-year period shall thereafter be removed for cause from such
position by the City Council with prior written notice after public
hearing unless such member resigns in writing or waives the public
hearing in writing.
(3)
Any
member of the Advisory Fire Committee may be removed for cause as
determined by the City Council after public hearing and prior written
notice thereof.
(4)
The
provisions of this subsection shall not preclude the removal of any
member of the Advisory Fire Committee without cause by the City Council
when authorized by state law, City Charter or City ordinance.
All employees of the Fire Department of the
City of Coatesville, excluding the Fire Chief, Deputy Fire Chief and
Assistant Fire Chief, shall be subject to civil service regulations
of the City of Coatesville in addition to the civil service provisions
provided in the Third Class City Code.
Except the three positions named in § 115-18, appointments to and promotions in the Fire Department shall be made according to qualifications and fitness, to be ascertained by examinations which, so far as practicable, shall be competitive.
A.
The Civil
Service Commission of the City of Coatesville shall also serve as
the civil service board for the paid employees of the Coatesville
Fire Department subject to civil service. The civil service board
shall consist to three citizens of the City of Coatesville, who shall
be appointed by the City Council for four-year terms or until their
successors are appointed and qualified.
B.
Attendance.
[Added 4-22-2013 by Ord. No. 1404-2013]
(1)
Any
member of the civil service board absent from three or more consecutive
regular meetings of the civil service board without an approved leave
of absence granted by the City Council after public hearing and prior
written notice thereof shall be removed from the civil service board
by the City Council of the City of Coatesville.
(2)
Any
member of the civil service board absent from 20% or more of the regularly
scheduled meetings of the civil service board within any one-year
period shall be notified in writing by the City Manager acting on
behalf of the City Council of the attendance requirements of this
subsection. Any member of the civil service board who is absent from
20% or more of the regularly scheduled meetings within a one-year
period shall thereafter be removed for cause from such position by
the City Council with prior written notice after public hearing unless
such member resigns in writing or waives the public hearing in writing.
(3)
Any
member of the civil service board may be removed for cause as determined
by the City Council after public hearing and prior written notice
thereof.
(4)
The
provisions of this subsection shall not preclude the removal of any
member of the civil service board without cause by the City Council
when authorized by state law, City Charter or City ordinance.
The Civil Service Commission shall make rules
and regulations providing for examinations for positions subject to
civil service in the Fire Department and for appointments and promotions
therein and for such other matters as are necessary to carry out the
purposes of this Part 1. Due notice of the contents of such rules
and regulations and any modifications thereof shall be given by mail,
in due season, to appointing officers affected thereby. Such rules
and regulations and modifications thereof shall also be printed for
public distribution.
A.
All original appointments to any positions in the
Fire Department, which are subject to civil service, shall be for
a probationary period of six months. During such probationary period,
the appointee shall not be denied any rights or benefits that the
appointee would otherwise be entitled to under any collective bargaining
agreement. At any time during the probationary period, the appointee
may be dismissed for just cause, in the manner provided in the Third
Class City Code.
B.
If, at the close of such probationary term, the conduct
or capacity of the probationer has not been satisfactory to the appointing
officer, the probationer shall be notified, in writing, that he or
she will not receive permanent appointment, whereupon his or her employment
shall cease; otherwise, his or her retention in the service shall
be equivalent to his or her permanent appointment.
The Civil Service Commission shall have such
powers and duties and prescribed in the Third Class City Code and
amendments thereto.
