3190 To establish a fire department (current schedules not included)THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 3190
A BY-LAW to establish a Fire Department.
WHEREAS Section 8 of the Municipal Act, S.O. 2001, c. 25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose
of exercising it's authority under the Act;
AND WHEREAS Section 9 of the Municipal Act, S.O. 2001, c. 25, as amended provides that Sections 8 and 11 shall be interpreted so as to confer broad authority on municipalities to: (a)
enable municipalities to govern their affairs as they consider appropriate and (b) enhance their ability to respond to municipal issues;
AND WHEREAS Part 11, Section 5(0.1) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4 as amended, permits the council to enact a by-law to establish a fire department to
provide fire protection and fire prevention services and for participating in an emergency fire services program c.25, s.475 (2); and,
AND WHEREAS the corporation of the Town of Tillsonburg has established a
fire department commonly known as Tillsonburg Fire and Rescue Services;
AND WHEREAS Section 391 of the Municipal Act, S.O. 2001, c 25, as amended, authorizes a municipality by By-law to impose fees or charges on any class of persons for services or activities
provided or done on behalf of the municipality and for the use of the municipality's property, including property under its control;
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows:
Definitions: In this by-law, unless the context otherwise requires, the following terms shall have the meanings included:
Approved: Shall mean approved by the Council
Automatic Aid: Shall mean any agreement under which a municipality agrees to provide an initial response to fires, rescues and emergencies that may occur in part of another municipality
where a fire department in the municipality is capable of responding more quickly than any fire department situated in the other municipality; or a municipality agrees to provide a
supplemental response to fires, rescues and emergencies that may occur in
a part of another municipality where a fire department is capable of providing the quickest supplemental response to fires, rescues and emergencies occurring in the part of another municipality.
Community Emergency Management Coordinator (CEMC): Shall mean the Community Emergency Management Coordinator responsible for the coordination of persons and systems respecting emergency
management planning activities including the maintenance of and training for prevention, mitigation, preparedness, response and recovery plans in order to reduce the impact on the community
in the case of a major emergency, in accordance with the Emergency Management Act, 2003
Chief Administrative Officer: Shall mean the person appointed by council to act as chief administrative officer for the corporation
Chief Officer: Shall mean a general term which may refer to the Fire Chief, Director of Emergency Services, Deputy Fire Chief(s) or any qualified person as delegated by the Fire Chief
and Director of Emergency Services to act as chief officer respecting matters of command and control of any emergency operation or situation, as required.
Company: Shall mean a complement of firefighting personnel operating one or more pieces of apparatus under the supervision of an officer.
Corporation: Shall mean the Corporation of the Town of Tillsonburg.
Council: Shall mean the council of the Town of Tillsonburg
Deputy Fire Chief, Alternate CEMC: Shall mean the person or persons appointed by council to act on behalf of the Fire Chief of the fire department in the case of an absence or a vacancy
in the office of Fire Chief and who is qualified to act as CEMC in the case of an absence or a vacancy in the office of the CEMC
Emergency System: Shall mean a sprinkler system, standpipe system, fire extinguishing system, smoke control system, emergency power system, fire pump system, voice communication system
or any other device monitored through a fire alarm system
Fee or Fees for Service: Shall mean in relation to this by-law and any other by law pertaining to fire protection services, as amended from time to time or any successor by-law thereto,
means any fee imposed for services and billed pursuant to the above as approved by Council.
Fire Chief, (CEMC): Shall mean the person appointed by by-law and such Fire Chief shall be the senior administrator and general manager of the fire department, and for the purposes of
the FPPA shall be the Fire Chief and Chief Fire Official of the Municipality whose duty it shall be to perform all statutory functions of the Fire Chief and Chief Fire Official, and
shall perform such other duties as prescribed by Council and is also responsible for the coordination, administration and maintenance of the Tillsonburg Emergency Management Program.
The Fire Chief shall report to council as required by the Fire Protection and Prevention Act, 1997 and in accordance with the provisions established by the Emergency Management Act,
2003. The Fire Chief shall be responsible for all duties and responsibilities relegated by the FPPA and EMA.
Fire Department: Shall mean the fire department of the Town of Tillsonburg also known as Tillsonburg Fire and Rescue Services and shall include the Fire Chief, the Deputy Chief(s), Platoon
Chief(s), Division Heads, Fire Captain(s) and all firefighters appointed by the council
Firefighter: Shall mean the Fire Chief and any other person employed in, or appointed to the fire department and assigned to undertake fire protection services, and includes a volunteer
firefighter.
Fire Protection and Prevention Act, 1997 (FPPA): Shall mean the Fire Protection and Prevention Act 1997,S.O. c.4, as amended and any Regulation made under it.
Fire Protection Services: Shall mean those services provided within the divisions of fire suppression, fire prevention, fire safety education, communication, training of persons involved
in the provision of fire protection services, rescue and emergency services and the delivery of all those services.
Full-time Firefighter: Shall mean a person regularly employed in the fire department on a full-time salaried basis and assigned exclusively to fire protection services.
Malicious Act: Shall mean a wrong act done intentionally by any person without just cause or excuse
Member: Shall mean a full-time firefighter, volunteer firefighter and officer of Tillsonburg Fire and Rescue Services, but excludes the Fire Chief, Deputy Fire Chief, and any other administrative
staff assigned to the fire department.
Motor Vehicle: Shall mean the same as prescribed in the Highway Traffic Act R.S.O. 1990 c. H.8, as amended
Mutual Aid: Shall mean a program to provide or receive assistance in the case of a major emergency in a municipality
Non-resident: Shall mean a person who is neither a property owner nor a tenant of property within the Town of Tillsonburg
Nuisance False Alarm: Shall mean the activation of a fire alarm system through a mechanical failure, equipment malfunction, improper installation of the system, or failure to maintain
the system as prescribed by the Fire Code being O.Reg. 388/97, as amended, but does not include the activation of a fire alarm system where the activation occurred as a result of the
accidental damage to the system.
Officer: Shall mean the Fire Chief, Deputy Fire Chief(s), Platoon Chief(s), Fire Captain(s) and any other such person as may be designated an officer from time to time by the Fire Chief
Owner: Shall mean any person, firm or corporation having control over any portion of a building yard or other property under construction and includes persons of that building, yard
or property as prescribed by 0. Reg. 388/97, as amended (The Ontario Fire Code)
Platoon: Shall mean two companies of personnel operating two or more pieces of apparatus under the supervision of a chief officer
Property: Shall mean any public or private real property within the Town of Tillsonburg including buildings, structures, and erections of any nature and kind in or upon such lands, but
excludes real property owned by the Federal or Provincial Crown
Rescue and Emergency Services: Shall mean any life or property saving activity that is unrelated to fire suppression and fire prevention but include emergency medical services, hazardous
materials response and specialized rescues including vehicle extrication, technical rope rescue, high / low angle rescue, confined space rescue, water & ice rescue, trench rescue, specialized
electrical rescue and elevator rescue and any other rescue or activity approved by council and specified in Appendix C of this By-law
Volunteer Fire Fighter: Shall mean a firefighter who provides fire protection services either voluntarily or for a nominal consideration, honorarium, training or activity allowance
Establishment: The fire department for the Town of Tillsonburg and commonly known as Tillsonburg Fire and Rescue Services is hereby established under the direction of the Fire Chief
to provide fire protection services and such other approved rescue and emergency services for the Town of Tillsonburg in accordance with Part II, Sections
(1), (2) & (3) if the FPPA, as outlined in the Public Fire Safety Guideline, PFSG 04-12-13, SCHEDULE 'A' of this By-Law.
Composition Approved Organizational Chart: The fire department shall be structured in conformance with the approved Organizational Chart, SCHEDULE 'B', forming part of this By-law. The
fire department shall consist of a Fire Chief who is the head of the fire department as appointed by council and such numbers of Deputy Fire Chiefs, Platoon Chiefs, Division Heads,
Fire Captains, Fire Fighters and clerical staff as may be authourized or considered necessary from time to time by the Council, in order for the Fire Department to perform fire protection
services, rescue and emergency services for the municipality in an efficient and effective manner. Further, the provision of fire protection services and other rescue and emergency
services to any municipality outside of the territorial jurisdiction of the Town of Tillsonburg is permissible through Automatic Aid, Mutual Aid, this By-law or any other agreement
between said municipality and the Corporation of the Town of Tillsonburg
Fire Chief Responsibilities and Authority:
The Fire Chief shall be the head of the Fire Department and shall report to the council as required by the FPPA, through the Chief Administrative Officer and be responsible for the proper
administration and efficient and effective operation of the fire department including the delivery of approved Programs and Services and is generally responsible for the following operational
matters:
For the care and protection of all property belonging to the fire department;
For arranging the provision of necessary and proper facilities, apparatus, equipment and supplies for the fire department;
For determining and establishing in conjunction with the Council through the Chief Administrative Officer, the qualifications and criteria for employment or appointment and the duties
of all officers, firefighters and administrative staff of the fire department;
For the conduct and discipline ranging from reprimand to dismissal of any officer, member or administrative services staff person of the Fire Department;
For preparing, or upon approval by the council, coordinating, implementing and maintaining a Master Fire Services Plan and program for the municipality, and any other such similar plans
required by the Fire Protection and Prevention Act, and any other such Act or Regulation as may be proclaimed by the Government of Ontario and the Government of Canada;
For assisting with any other public official in an emergency declared by the Head of Council, the Premiere of Ontario, or the Prime minister of Canada;
For reporting to the appropriate crown attorney, or other prosecutor, or law enforcement or other officer the facts upon the evidence in any case in which there is reason to believe
that a fire has been the result of criminal intent or negligence or in which there is reason to believe an offence has been committed under the Fire Protection and Prevention Act, 1997;
For keeping an accurate record, in convenient form for reference, of all fires, inspections, rescues and other emergencies responded to by the Fire Department in a manner consistent
with the applicable records management policies of the Town of Tillsonburg;
For keeping such other records as may be required by the council;
For preparing and presenting periodic reports to the Council through the Chief Administrative Officer as requested and any other specific reports requested by the Council; and,
For preparing and presenting the annual business plan and estimates of the Fire Department to the Council through the Director of Finance and for exercising control over the budget approved
by the Council for the Fire Department.
The Fire Chief shall further take all proper measures for the prevention, control and extinguishment of fires and the protection of life and property and the management of emergencies
within the territorial jurisdiction of the municipality provided that such general orders, policies, procedures, rules, regulations and other measures do not conflict with the provisions
of this By-law or any other By-law of the municipality, and shall exercise all powers mandated by the Fire Protection and Prevention Act, and without restricting
the generality of the foregoing shall be empowered to authorize:
pulling down or demolishing any building or structure to prevent the spread of fire, and
all necessary actions which may include boarding up or barricading of buildings or property to guard against fire or other danger, risk or accident, when unable to contact the property
owner, and
recovery of expenses incurred by such necessary actions for the corporation in the manner provided through the Municipal Act and the Fire Protection and Prevention Act.
The Fire Chief shall be responsible for the enforcement of this By-law and the development and enforcement of all general orders, policies, standard operating guidelines, procedures,
and rules and regulations established under this By-law and for the enforcement of any other by-laws of the corporation respecting the administration and operation of the Fire Department,
and shall review periodically such laws and may, for this purpose, establish advisory committees consisting of officers and other persons (including members of the general public) as
the Fire Chief and Director of Emergency Services may determine necessary from time to time to assist him in the discharge of this duty.
The Fire Chief shall periodically review, revise or terminate, as required general orders, policies, procedures and rules of the fire department.
In the case of by-laws, including this By-law, recommend to the Council through the Chief Administrative Officer, such amendments as the Fire Chief considers appropriate.
The Fire Chief shall have all powers, rights and duties assigned to a Fire Chief under the Fire Protection and Prevention Act, 1997, including without limitation the authority to enforce
compliance with the Fire Code made under this Act.
The Fire Chief shall provide liaison with any association or union representing members of the Fire Department.
The Fire Chief shall provide liaison with the Office of the Fire Marshal of Ontario and any other office or organization as required by the council or as considered necessary or advisable
by the Fire Chief for the proper administration and efficient operation of the Fire Department and the
effective management of fire protection services for the corporation.
The Fire Chief may utilize such officers, members and administrative staff of the Fire Department as the Fire Chief and Director of Emergency Services may determine, from time to time,
to assist in the performance of his duties.
Where Fire Chief designates a member to act in the place of himself or another officer in the fire department, such member, when so acting, has all of the powers and shall perform all
duties of the officer replaced.
Authority to leave municipal limits: The fire department shall not respond to a call with respect to a fire or emergency outside the limits of the municipality except with respect to
a fire or emergency:
that, in the opinion of the Fire Chief or designate of the fire department, threatens property in the municipality or property situated , outside the municipality that is owned or occupied
by the municipality,
in a municipality with which an approved agreement has been entered into to provide fire protection services which may include automatio aid,
on property with which an approved agreement has been entered into with any person or corporation to provide fire protection services,
at the discretion of the Fire Chief, to a municipality authorized to participate in any county, district or regional mutual aid plan established by a fire coordinator appointed by the
fire marshal or any other similar reciprocal plan or program,
on property beyond the municipal boundary where the Fire Chief or designate determines immediate action is necessary to preserve life or property and the appropriate department is notified
to respond and assume command or establish alternative measures, acceptable to the fire chief or his designate.
Deputy Fire Chief: In addition to the Fire Chief, the Council shall appoint a Deputy Fire Chief. The Deputy Fire Chief shall be the second ranking officer of the Fire Department and
shall be subject to and shall obey all orders of the Fire Chief and shall perform such duties as are assigned by the Fire Chief, and shall, when the Fire Chief is not available, have
the powers and perform the duties of the Fire Chief.
Divisional responsibilities designated by chief: Each division of the fire department is the responsibility of the Fire Chief and is under the direction of the Fire Chief or a member
designated by the Fire Chief. Designated members shall report to the fire chief on divisions and activities under their supervision and shall carry out all orders of the Fire Chief
Supervision of Personnel: The officers, members and other administrative services staff personnel of the Fire Department while on duty shall be under the direction and control of the
Fire Chief or the next ranking officer.
Eligibility for Employment: Every applicant and every probationary member of the Fire Department shall:
Be at least 18 years of age;
Complete and successfully pass written and verbal examination suitable to the Fire Chief;
be in good health, physically fit, acquire a medical certificate of good health from a medical practitioner, prior to commencement of employment;
once employed, possess and demonstrate to the satisfaction of the Fire Chief the ability to safely endure the physical demands typically required for structural firefighting, including
such psychomotor skills used for lifting, climbing, dragging, carrying, pulling and crawling in unfavourable conditions in any meteorological environment;
possess at a minimum an Ontario Class D, driver's permit and once employed continually maintain the same and complete an air brake endorser;nent;
work and reside within such reasonable proximity to the fire department in order to respond to the fire station when called so as to efficiently and effectively attend emergent and non-emergent
alarms in such a timely fashion, suitable to the satisfaction of the Fire Chief and able to maintain the minimum attendance levels as required by general orders, policies, standard
operating guidelines, procedures, rules and regulations made under this By-law;
provide proof through certified instrument acceptable to the Fire Chief a record free of any and all conviction for an offence or offences under the
Criminal code of Canada and once employed maintain same or be subject to dismissal;
Probationary Period for New Employees: Persons hired as probationary firefighters to the Fire Department shall be on probation for a period of 12 months, during which period they shall
take such special training and examination, as may be required by the Fire Chief.
Dismissal - Probationary Employees: If a probationary member employed in, or appointed to, fire protection services fails any such training and examinations or his or her prescribed
duties, the Fire Chief may dismiss said member pursuant to corporate policy and procedure.
Appointment of Member: Following the successful completion of the probation term, the Fire Chief may recommend to the Council through the Chief Administrative Officer. the appointment
of the qualified person, as a member of the Fire Department, subject to the hiring policies of the Town of Tillsonburg.
General Duties and Responsibilities: Members shall conduct themselves in accordance with rules and regulations of the Fire Department, established by SCHEDULE 'C' of this By-law and
shall give their whole and undivided attention, while on duty, to the efficient operation of the Fire Department and shall diligently and faithfully perform the duties assigned to them
to the best of their ability.
Remuneration, Terms and Conditions of Employment: Working conditions, remuneration and other terms of conditions of employment or appointment of the Fire Chief, Deputy Fire Chief, officers,
Fire Fighters and members of administrative services shall be determined by the council.
Discipline and Suspension of members: The Fire Chief may reprimand, suspend or recommend dismissal of any member for insubordination, inefficiency, misconduct, tardiness or for noncompliance
with any of the provisions of this by-law or general orders, policies, standard operating guidelines, procedures, departmental rules or regulations that, in the opinion of the fire
chief, would be detrimental to discipline or the efficiency of the fire department.
Written Report to Council: Following the suspension of a member, the Fire Chief shall immediately report, in writing, the suspension and recommendation to the Council through the Chief
Administrative Officer.
Termination procedures: The procedures for termination of employment prescribed in the corporation's personnel Policy shall apply to all firefighters.
Fees for Service: The Council hereby establishes certain fees for service(s) as outlined in SCHEDULE 'D' of this By-law
General: This by-law comes into effect the day it is passed by the
Council, in the manner appropriate to the municipality
Repealed: By-law 2176 is repealed on the date this By-law is passed by the Council.
Schedules: Schedules A, B, C & D are deemed to be an integral part of this By-law
READ A First, Second, Third and Final time and passed this ___the of ______, 2025.
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MAYOR –
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CLERK –