Loading...
HomeMy Public PortalAboutOrdinances-2023-501CITY OF TIFFIN ORDINANCE NO. 2023-501 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF TIFFIN, IOWA, CHAPTER 35, FIRE DEPARTMENT. BE IT ENACTED by the City Council of the City of Tiffin, Iowa: Section 1. Purpose: The purpose of this ordinance is to amend, retitle, and renumber Chapter 35, Fire Protection, of the Municipal Code of Tiffin, Iowa, to Chapter 35, Fire Department. Section 2. Amendment. Chapter 35 - Fire Department is hereby amended as follows: CHAPTER 35 FIRE DEPARTMENT 35.01 Establishment and Purpose 35.02 Organization 35.03 Training 35.04 Compensation 35.05 Appointment of Officer and Members 35.06 Fire Chief: Duties 35.07 Obedience to Fire Chief 35.08 Departmental Rules 35.09 Accidental Injury Insurance 35.10 Liability Insurance 35.11 Calls Outside City 35.12 Mutual and Automatic Aid 35.13 Authority to Cite Violations 35.14 Emergency Medical Service 35.15 Grants 35.01 ESTABLISHMENT AND PURPOSE. A fire department is hereby established to prevent and extinguish fires and to protect lives and property against fires, to promote fire prevention and fire safety, and to answer all emergency calls for which there is no other established agency. The fire department may also provide rescue services. (Code of Iowa, Sec. 364.16) 35.02 ORGANIZATION. The department consists of such full-time members, part-time members, and volunteer paid -on -call members as authorized by the Council. (Code of Iowa, Sec. 372.13[4]) 35.03 TRAINING. All members of the department shall meet the minimum training standards established by the State Fire Marshal and attend and actively participate in regular or special training drills or programs as directed by the Fire Chief. Each member of the department shall be trained and certified Firefighter I and Firefighter II within two years of hire unless otherwise provided by law. (Code of Iowa, Sec. I OOB.2/4]) 35.04 COMPENSATION. Members of the department shall be designated by rank and receive such compensation as shall be determined by resolution of the Council. (Code of Iowa, Sec. 372.13/4]) 35.05 APPOINTMENT OF OFFICERS AND MEMBERS. 1. The Fire Chief and Fire Marshal shall be appointed by and serve at the pleasure of the City Administrator, subject to the advice and approval of the Council. Deputy Fire Chiefs, Assistant Fire Chiefs, or Division Chiefs shall be appointed by and serve at the pleasure of the Fire Chief, subject. to the approval of the City Administrator. The Fire Chief shall select and promote all other volunteer firefighters and also has the authority to discharge volunteer firefighters found to be incompetent or derelict in their duties. 2. In case of absence of the Fire Chief, the Fire Marshal, or the designated Deputy Fire Chief, Assistant Fire Chief, or Division Chief, Captain, Lieutenant, or a designee, shall be in charge and have and exercise all the powers of Fire Chief. 3. The City Council shall appoint and may remove members of the fire department for just cause. Notwithstanding, the Fire Chief or a designee shall be responsible for recruitment and retention of members. 35.06 FIRE CHIEF: DUTIES. The Fire Chief shall perform all duties required of the Fire Chief by law or ordinance, including but not limited to the following: (Code of Iowa, Sec. 372.13[4]) 1. Enforce Laws. Enforce ordinances and laws regulating fire prevention and the investigation of the cause, origin, and circumstances of fires. 2. Technical Assistance. Upon request, give advice concerning private fire alarm systems, fire extinguishing equipment, fire escapes and exits, and development of fire emergency plans. 3. Authority at Fires. When in charge of a fire scene, direct an operation as necessary to extinguish or control a fire, perform a rescue operation, investigate the existence of a suspected or reported fire, gas leak, or other hazardous condition, or take any other action deemed necessary in the reasonable performance of the department's duties. (Code of Iowa, Sec. 102.2) 4. Control of Scenes. Prohibit an individual, vehicle or vessel from approaching a fire scene and remove from the scene any object, vehicle, vessel or individual that may impede or interfere with the operation of the Fire Department. (Code of Iowa, Sec. 102.2) 5. Authority to Barricade. When in charge of a fire scene, place or erect ropes, guards, barricades or other obstructions across a street, alley, right- of-way, or private property near the location of the fire or emergency so as to prevent accidents or interference with the firefighting efforts of the Fire Department, to control the scene until any required investigation is complete, or to preserve evidence related to the fire or other emergency. (Code of Iowa, Sec. 102.3) 6. Command. Be charged with the duty of maintaining the efficiency, discipline, and control of the Fire Department. The members of the Fire Department shall, at all times, be subject to the lawful direction of the Fire Chief. 7. Property. Exercise and have full control over the disposition of all fire apparatus, tools, equipment, and other property used by or belonging to the Fire Department. 8. Notification. Whenever death, serious bodily injury, or property damage in excess of two hundred thousand dollars (S200,000) has occurred as a result of a fire, or if arson is suspected, notify the State Fire Marshal's Division immediately. For all other fires causing an estimated damage of fifty dollars ($50.00) or more or emergency responses by the Fire Department, file a report with the Fire Marshal's Division within ten (10) days following the end of the month. The report shall indicate all fire incidents occurring and state the name of the owners and occupants of the property at the time of the fire, the value of the property, the estimated total loss to the property, origin of the fire as determined by investigation, and other facts, statistics, and circumstances concerning the fire incidents. (Code of Iowa, Sec. 100.2 & 100.3) 9. Right of Entry. Have the right, during reasonable hours, to enter any building or premises within the Fire Chief's jurisdiction for the purpose of making such investigation or inspection which under law or ordinance may be necessary to be made and is reasonably necessary to protect the public health, safety, and welfare. (Code of Iowa, Sec. 100.12) 10. Recommendation. Make such recommendations to owners, occupants, caretakers, or managers of buildings necessary to eliminate fire hazards. (Code of Iowa, Sec. 100.13) 11. Assist State Fire Marshal. At the request of the State Fire Marshal, and as provided by law, aid said marshal in the performance of duties by investigating, preventing, and reporting data pertaining to fires. (Code of Iowa, Sec. 100.4) 12. Records. Cause to be kept records of the Fire Department personnel, training, firefighting equipment, depreciation of all equipment and apparatus, the number of responses to alarms or incidents, their cause, and location, and an analysis of losses by value, type, and location of buildings. The Fire Chief or Fire Marshal shall cause fire reports to be submitted to the State Fire Marshal. The Fire Chief, Fire Marshal, or Medical Officer shall cause or submit all emergency medical patient care reports to the Iowa Bureau of Emergency and Trauma Services in accordance with Iowa law. 13. Reports. Compile and submit to the Mayor and Council an annual report of the status and activities of the department as well as such other reports as may be requested by the Mayor or Council. 35.07 OBEDIENCE TO FIRE CHIEF. No person shall willfully fail or refuse to comply with any lawful order or direction of the Fire Chief or any designee. 35.08 DEPARTMENTAL RULES. The Fire Chief shall establish such policies, guidelines, and rules, not in conflict with the Code of Ordinances or state or federal law, as may be necessary for the operation of the department. 35.09 ACCIDENTAL INJURY INSURANCE. The Council shall contract to insure the City against liability for worker's compensation and against statutory liability for the costs of hospitalization, nursing, and medical attention for volunteer firefighters injured in the performance of their duties as firefighters whether within or outside the corporate limits of the City. All full time, part-time, or volunteer firefighters and emergency medical providers shall be covered by the contract. (Code of Iowa, Sec. 85.2 & 85.61) 35.10 LIABILITY INSURANCE. The Council shall contract to insure against liability of the City or members of the department for injuries, death or property damage arising out of and resulting from the performance of departmental duties within or outside the corporate limits of the City. The City shall not waive any defense to liability, including any immunity provided by law, including under Iowa Code section 670.4 or Iowa Code section 321.231. (Code of Iowa, Sec. 670.2, 670.8, 670.12 & 517A.1) 35.11 CALLS OUTSIDE CITY. The department shall answer calls to fires and other emergencies outside the City limits as contracted for by the City; and in addition, the department may answer calls for assistance from members of the Johnson County Mutual Aid Association if the Fire Chief or officer in charge determines that answering such calls will not disable or prevent the fire department from protecting the City and Clear Creek Township and Union Townships of Johnson County. (Code of Iowa, Sec. 364.412&3]) 35.12 MUTUAL AND AUTOMATIC AID. Subject to approval by resolution of the Council, the department may enter into mutual aid and automatic aid agreements with other legally constituted municipalities, including fire departments, emergency medical service departments, or law enforcement agencies. Copies of any such agreements shall be filed with the Clerk and the Iowa secretary of state, or as otherwise required by law. (Code of Iowa, Sec. 364.4[2 & 3]) 35.13 AUTHORITY TO CITE VIOLATIONS. Fire officials acting under the authority of Chapter 100 of the Code of Iowa may issue citations in accordance to Chapter 805 of the Code of Iowa, for violations of State and/or local fire safety regulations. (Code of Iowa, Sec. 100.41) 35.14 EMERGENCY MEDICAL SERVICE. The department shall have an EMS division and is authorized to provide non -transport emergency medical services. Johnson County Ambulance Service shall provide transport emergency medical services. The accidental injury, workers' compensation, and liability insurance provided for herein shall include the provision of EMS and cover all emergency medical providers. Department members shall be certified as an Emergency Medical Technician within two (2) years of joining the Fire Department. Upon written request of a member or the request of the Fire Chief and EMS Division Chief or Medical Officer, the City Administrator, for good cause, may extend this certification deadline by six (6) months. 35.15 GRANTS. The Fire Chief or the Chief's designee may apply for grants, including grant applications offered by the state of Iowa or federal government. Grants with a cost share requirement shall be approved by the City Council prior to accepting an award. Section 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 5. When Effective. This ordinance shall be in effect after its final passage, approval, and posting as provided by law. On the 30th day of May 2023, at a special meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Limkemann introduced Ordinance No. 2023-501, and moved that it be given its first reading. The motion was seconded by Councilperson Havens. Ayes: Havens, Orris, Olney, Schnedler, Limkemann. Nays: None. Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2023-501, was read the first time, discussed, and placed on record. On the 6th day of June 2023, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Limkemann introduced Ordinance No. 2023-501, and moved that it be given its second reading. The motion was seconded by Councilperson Orris. Ayes: Limkemann, Schnedler, Havens, Olney, Orris. Nays: None. Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2023-501, was read the second time and discussed and placed on record. On the 6th day of June 2023, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Orris introduced Ordinance No. 2021-477, and moved that it be given its third and last reading. The motion was seconded by Councilperson Schnedler. Ayes: Havens, Olney, Orris, Limkemann, Schnedler. Nays: None. Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and the ordinance was passed and adopted. Whereupon the Mayor declared that Ordinance No. 2023-501 be adopted and signified his approval of same by fixing his signature thereto. Passed by the Council on the 6th day of June 2023 and approved by the Mayor on the 7th day of June 2023. CITY OF TIFFIN, IOWA: By: ATTEST: STEVE BERNER, Mayor Abigail Ho , City Clerk I, Abigail Hora, City Clerk of the City of Tiffin, Iowa, state that an ordinance entitled AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF TIFFIN, IOWA, CHAPTER 35, FIRE PROTECTION, TO CREATE A CITY OF TIFFIN FIRE DEPARTMENT and known as No. 2023-501 was duly passed by the Council on the 6th day of June 2023, and signed by the Mayor on the 7th day of June 2023, and published on the 7th day of June 2023, by posting copies thereof in three public places within the limits of the City of Tiffin, Iowa. That I posted. copies of Ordinance No. 2023-501 in the following places: The Depot, Tiffin, Iowa Casey's, Tiffin, Iowa Solon State Bank, Tiffin, Iowa Abigail Hra, City Clerk