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Home My Public Portal AboutResolution 2019-05, Appointing Officers Of The Riverdale Volunteer Fire Department For The City Of Riverdale, Iowa For Calendar Year 2019 RESOLUTION NO. 2019-05 RESOLUTION APPOINTING OFFICERS OF THE RIVERDALE VOLUNTEER FIRE DEPARTMENT FOR THE CITY OF RIVERDALE, IOWA FOR CALENDARYEAR 2019 WHEREAS,pursuant to the authority granted to the Mayor and City Council of the City of Riverdale("City")by Section 372 of the Code of Iowa, and Chapter 15 of the City Code,the Mayor may appoint and the City Council may as it deems appropriate approve the Mayor's appointments as officers of its volunteer fire department. NOW THEREFORE, BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, SCOTT COUNTY, IN THE STATE OF IOWA: Section 1. That the following appointments are voted upon by the members of the Fire Department, recommended by the Mayor and approved by the City Council: Fire Chief: Floyd Bruns 1st Assistant Chief Chris Bernard rd Assistant Chief Brian Ballard Captain Randy Bowers Captain George Miller Lieutenant Adrian Castillo Lieutenant Rodney Fink President Philip Bowers Vice President Kevin Kluger Section 2. That with approval of Council,all appointees listed herein are considered officers of the Riverdale Fire Department and are subject to the requirements set forth in Chapter 35 of the Code of the City of Riverdale, entitled "Fire Department". Section 3. That the roster may be amended by action of the City Council from time to time by recommendation(s)of the Fire Chief or his designee, depending upon the needs of the Fire Department. s ..........30 .....„ PASSED AND APPROVED this 81h day of January, 2019. ` �s Michael Bawden, Mayor ATTEST; Zt.- - V, ‘-ei--,-ze--e-- Ronald Fullerlove, City Clerk Prepared by City Administrator Tim Long January 3, 2019 CHAPTER 35 FIRE DEPARTMENT 35.01 Establishment and Purpose 35.10 Fire Chief:Duties 35.02 Organization and Membership 35.11 Obedience to Fire Chief 35.03 Duties of Minors Limited 35.12 Constitution 35.04 Approved by Council 35.13 Accidental Injury Insurance 35.05 Training 35.14 Liability Insurance 35.06 Compensation 35.15 Calls Outside City 35.07 Fire Chief Appointed 35.16 Mutual Aid 35.08 First Assistant Fire Chief 35.17 Authority to Cite Violations 35.09 Second Assistant Fire Chief 35.01 ESTABLISHMENT AND PURPOSE. A volunteer 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. (Code of Iowa, Sec. 364.16) 35.02 ORGANIZATION AND MEMBERSHIP. The fire department consists of the Fire Chief and a voluntary fire company of as many firefighters as the Council shall fix from time to time by resolution, but at no time shall the department have less than sixteen(16)members. Any citizen of Iowa over sixteen (16) years of age is eligible for membership, provided, however,that no such citizen who is less than eighteen (18)years of age shall become eligible for membership until said person's parent or guardian shall first file written consent with the Clerk. 35.03 DUTIES OF MINORS LIMITED. It is the duty of the Fire Chief to prohibit any member of the Fire Department who is less than eighteen (18) years of age from driving any fire truck, entering any burning building, or performing any other duties of hazard or danger, except in case of emergency caused by a shortage of available manpower with which to protect life or property. 35.04 APPROVED BY COUNCIL. No person having otherwise qualified shall be appointed to the department until such appointment is submitted to and approved by a majority of the Council members. 35.05 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. (Code of Iowa, Sec. 10OB.2[4]) 35.06 COMPENSATION. Members of the department shall be designated by rank and receive such compensation as shall be determined by resolution of the Council. (Code ofIowa, Sec. 372.13[4]) 35.07 FIRE CHIEF APPOINTED. The Chief of the Fire Department shall be a member of the Fire Department and shall be nominated by election by its members in December of each year. The nominee shall be appointed by the Mayor at the first regular Council meeting in January of each year, to hold office for a term of one year, unless sooner discharged by a CODE OF ORDINANCES,RIVERDALE,IOWA - 155 - CHAPTER 3 5 FIRE DEPARTMENT four-fifths vote of all the members of the Council. Provided, however, the Mayor may, in his or her discretion, refuse to appoint said nominee and require a second nomination, but shall appoint one of the two nominees at the first regular Council meeting following receipt of the second nomination. 35.08 FIRST ASSISTANT FIRE CHIEF. The First Assistant Fire Chief of the Fire Department shall be appointed in the same manner and for the same term of office as the Chief. The First Assistant Fire Chief shall assist in performing duties of the Chief and shall, in the absence, disability,removal or resignation of the Chief, exercise all duties pertaining to the office of the Chief until such time as a new Chief is appointed. 35.09 SECOND ASSISTANT FIRE CHIEF. The Second Assistant Fire Chief of the Fire Department shall be appointed in the same manner and for the same term of office as the Chief. The Second Assistant Fire Chief shall assist in performing duties of the Chief and First Assistant Fire Chief and shall, in the absence, disability, removal or resignation of both the Chief and the First Assistant Fire Chief, exercise all the duties pertaining to the office of Chief until such time as a new Chief or First Assistant Fire Chief is appointed. 35.10 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 direction of the Fire Chief. CODE OF ORDINANCES,RIVERDALE,IOWA - 156- CHAPTER 35 FIRE DEPARTMENT 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 ($200,000) has occurred as a result of a fire, or if arson is suspected, notify the State Fire Marshal's Division immediately. For all 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 Chiefs 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. 12. Records. Cause to be kept records of the Fire Department personnel, the number of responses to alarms,their cause, and location, and an analysis of losses by value,type and location of buildings. 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. 35.11 OBEDIENCE TO FIRE CHIEF. No person shall willfully fail or refuse to comply with any lawful order or direction of the Fire Chief. 35.12 CONSTITUTION. The department shall adopt a constitution and bylaws as they deem calculated to accomplish the object contemplated, and such constitution and bylaws and any change or amendment to such constitution and bylaws before being effective, must be approved by the Council. 35.13 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 volunteer firefighters shall be covered by the contract. (Code of Iowa, Sec. 85.2, 85.61 and Sec. 410.18) CODE OF ORDINANCES,RIVERDALE,IOWA - 157- CHAPTER 35 FIRE DEPARTMENT 35.14 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. (Code of Iowa, Sec. 670.2& 517A.1) 35.15 CALLS OUTSIDE CITY. The department shall answer calls to fires and other emergencies outside the City limits if the Fire Chief determines that such emergency exists and that such action will not endanger persons and property within the City limits. (Code of Iowa, Sec. 364.4[2 & 3]) 35.16 MUTUAL AID. Subject to approval by resolution of the Council, the department may enter into mutual aid agreements with other legally constituted fire departments. Copies of any such agreements shall be filed with the Clerk. (Code of Iowa, Sec. 364.4[2 & 3]) 35.17 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) [The next page is 185] CODE OF ORDINANCES,RIVERDALE,IOWA - 158-