3418-2019 Establish & Regulate a Fire Department
BEING A BY-LAW TO ESTABLISH AND REGULATE A FIRE DEPARTMENT
Passed by Council June 10, 2019
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3418-2019
A BY-LAW TO ESTABLISH AND REGULATE A FIRE DEPARTMENT
WHEREAS Section 2 of the Fire Protection and Prevention Act requires every
municipality to establish a program which must include public education with
respect to fire safety and certain components of fire prevention, and to provide
such other fire protection services as it determines may be necessary in
accordance with its needs and circumstances;
AND WHEREAS Section 5 of the Fire Protection and Prevention Act authorizes
the Council of a municipality to establish, maintain and operate a fire department
to provide fire suppression services and other fire protection services in the
municipality;
AND WHEREAS Sections 8 and 11 of the Municipal Act authorize a municipality
to provide any service that the municipality considers necessary or desirable for
the public, and to pass by-laws respecting, inter alia, health, safety and wellbeing
of persons, protection of persons and property, and services that the
municipality is authorized to provide;
AND WHEREAS Section 391 of the Municipal Act authorizes a municipality to
impose fees or charges on persons for services or activities provided by the
municipality, and for costs payable by the municipality for services or activities
provided or done by or on behalf of any other municipality;
AND WHEREAS Section 425 of the Municipal Act provides that the Council of a
municipality may pass by-laws providing that a person who contravenes a bylaw
of the municipality is guilty of an offence;
AND WHEREAS Section 446 of the Municipal Act provides that if a municipality
has the authority under that or any other act, or under a By-Law under that or any
other Act, to direct or require a person to do a matter or thing, the municipality
may also provide that, in default of it being done by the person directed or required
to do it, the matter or thing shall be done at the person’s expense, and the
municipality may recover the costs of doing a matter or thing from the person
directed or required to do it by action or by adding the costs to the tax roll and
collecting them in the same manner as property taxes;
AND WHEREAS the Council of the Corporation of the Township of Augusta
deems it desirable, necessary and expedient to amend, consolidate, revise and
update its By-Law to establish and regulate a fire department for the Township of
Augusta;
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF AUGUSTA HEREBY ENACTS AS FOLLOWS:
1. DEFINITIONS
1.1. In this By-Law, unless the context otherwise requires:
a) ”Approved” means approved by Council.
b) “Automatic Aid” means an Approved agreement under which a municipality
that is capable of responding more quickly to an area agrees to provide an
initial response to fires, rescues, and emergencies in another municipality, or
where a municipality agrees to provide a supplemental response to fires,
rescues, or emergencies that may occur in another municipality.
c) ”Auxiliary Member” means a person who provides certain limited functions in
support of the delivery of Fire Protection Services voluntarily or for a nominal
consideration.
d) “Corporation” means The Corporation of the Township of Augusta.
e) “Council” means the Council of the Township of Augusta.
f) “Deputy Fire Chief means a person appointed by Council to act on behalf of
the Fire Chief of the Fire Department in the case of absence or a vacancy in
the office of the Fire Chief.
g) “Emergency Management and Civil Protection Act means Emergency
Management and Civil Protection Act, 1990, S. 0. 1990, c. E.9, as amended,
and any successor legislation.
h) “Fire Chief means the person appointed by Council to act as fire chief for
the Corporation and who is ultimately responsible to Council for the delivery
of fire protection services as set out in the Fire Protection and Prevention
Act.
i) “Fire Department” means the fire department for the Township of Augusta.
j) “Fire Code” means Ontario Regulation 213/07, as amended, and any
successor regulation.
k) “Firefighter” means any person employed in or appointed to the Fire
Department to undertake Fire Protection Services, including Full-time,
Officer, Part-Time, paid on-call, Volunteer and excludes the Fire Chief.
I) “Fire Protection and Prevention Act” means the Fire Protection and
Prevention Act, 1997, S.O. 1997, c.4, as amended, and any successor
legislation.
m) “Fire Protection Services” includes fire suppression, rescue and emergency
services, fire prevention, public fire safety education, mitigation, prevention
and safety education of the risk created by unsafe levels of carbon monoxide,
communications, training of personnel involved in the provision of Fire
Protection Services, and the delivery of all those services.
n) “Limited Service” means a variation of service significantly differentiating from
the norm as a result of extenuating circumstances, such as deployment of
Paid on-call or Volunteer Firefighters in insufficient numbers to safely carry
out the delivery of Fire Protection Services, environmental factors, remote
properties, impeded access, private roadways, lanes and drives,
obstructions, or extraordinary hazards or unsafe conditions.
o) “Member” means any person employed by, appointed to, or volunteering for
the Fire Department and assigned to undertake Fire Protection Services, and
includes Officers, Full-time, Part-time, Paid-on-call firefighters or Volunteer
firefighters, Auxiliary Members, and administrative staff and excludes the
Fire Chief.
p) “Municipal Act” means the Municipal Act, 2001, S.O. 2001, c.25, as amended,
and any successor legislation.
q) “Mutual Aid” means a plan established pursuant to section 7 of the Fire
Protection and Prevention Act under which fire departments that serve a
designated area agree to assist each other on a reciprocal basis in the event
of a major fire or emergency response.
r) “Officer” means Fire Chief, Deputy Fire Chief, District Chief, Chief Training
Officer, Captain, Acting Captain, Training Officer, Chief Fire Prevention
Officer, Fire Prevention Officer, and any person designated by the Fire Chief
to supervise Firefighters.
s) “Paid-on-call firefighters” means a person who provides Fire Protection
Services voluntarily on an on-call paid hourly basis.
t) “Volunteer Firefighter’ means a person who provides Fire Protection
Services voluntarily or for a nominal consideration, honorarium, or training or
activity allowance, and includes Auxiliary Members.
ESTABLISHMENT
1.2. A Fire Department for The Township of Augusta is to be known as Augusta Fire
Rescue is hereby established, and the head of the Fire Department shall be
known as the Fire Chief.
2. DEPARTMENT STRUCTURE
2.1. Council shall appoint a Fire Chief who shall be the highest-ranking Officer and
director of the Fire Department.
2.2.1n addition to the Fire Chief, Council shall appoint a Deputy Fire Chief who shall
report to the Fire Chief as the second highest ranking Officer of the Fire
Department and who, in the absence or vacancy of the Fire Chief, shall have the
powers and perform the duties of the Fire Chief.
2.3.1n addition to the Fire Chief and Deputy Fire Chief, the Fire Department may
consist of Fire Prevention Officers, Inspectors, Fire Safety Educator, Officers,
Firefighters, and other Members as deemed necessary and appointed by the Fire
Chief to provide Fire Protection Services.
2.4. The Fire Department shall be structured in conformance with the Approved Fire
Department Organizational Chart as set out in Schedule “A” attached hereto and
forming part of this By-Law.
3. APPROVED SERVICES AND PROGRAMS
3.1. The Fire Department shall provide such Fire Protection Services and programs
as approved by Council in accordance with Part II of the Fire Protection and
Prevention Act and set out in Schedule “B” attached hereto and forming part of this
By-Law.
4. LIMITED SERVICE
4.1 . In consideration of the reliance by the Fire Department on the response of Paid
on-call or Volunteer Firefighters, whose deployment to emergencies in sufficient
numbers cannot in all instances be guaranteed, adverse climate conditions,
delays or unavailability of specialized equipment required by the Fire Department,
or other extraordinary circumstances which may impede the delivery of Fire
Protection Services, any Approved service set out in Schedule “B” may from time
to time be provided as a Limited Service as defined in this By-Law, as determined
by the Fire Chief, his or her designate, or the highest ranking Officer in charge of
a response.
4.2. The Corporation shall accept no liability for the provision of a Limited Service by
the Fire Department as reasonably necessary.
5. RESPONSES OUTSIDE THE LIMITS OF THE MUNICIPALITY
5. 1. The Fire Department shall not respond outside the limits of the municipality
except with respect to a fire, rescue or emergency;
a) That, in the opinion of the Fire Chief or designate, threatens property in the
municipality, or property situated outside the municipality that is owned or
occupied by the municipality;
b) In a municipality with which an Approved agreement has been entered to
provide fire protection services which may include automatic aid;
c) On property with which an Approved agreement has been entered into with
any person or corporation to provide fire protection services;
d) At the discretion of the Fire Chief or designate, 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; or
e) 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
designate.
6. FIRE CHIEF RESPONSIBILITIES AND AUTHORITY
6.1. The Fire Chief shall be ultimately responsible to Council as set out in subsection
6(3) of the Fire Protection and Prevention Act for the proper administration and
operation of the Fire Department, including delivery of approved services and
programs.
6.2. The Fire Chief shall be deemed to be the Chief Fire Official of the municipality
for the purposes of the Fire Protection and Prevention Act and regulations
enacted thereunder and shall have all statutory authority and shall carry out all
prescribed duties and responsibilities in respect thereof.
6.3. Without limiting the generality of the foregoing, the Fire Chief shall be authorized
and responsible for:
a) Performing all statutory duties of the Fire Protection and Prevention Act, the
Emergency Management and Civil Protection Act and any other legislation
applicable to the administration or operation of the Fire Department.
b) Reporting to Council as required by the Fire Protection and Prevention Act
and in accordance with the provisions established by the Emergency
Management and Civil Protection Act.
c) Enforcement of this By-Law and any regulations established under this By-Law,
and the enforcement of any other By-Laws of the Corporation respecting
the administration and operation of the Fire Department.
d) Periodically reviewing this By-Law and any other By-Laws of the Corporation
respecting the administration and operation of the Fire Department, and the
Fire Chief may establish an advisory committee consisting of such Members
of the Fire Department and other persons, possibly including members of
the general public, as may be necessary from time to time to assist in
discharging this duty.
e) Recommending to Council amendments to this By-Law, or any other By-Law
of the Corporation, that the Fire Chief considers relevant and appropriate.
f) Developing, establishing, and implementing policies, operating procedures
and guidelines, general orders and department rules, and other measures
as the Fire Chief may consider necessary for the proper administration and
efficient operation of the Fire Department.
g) Periodically reviewing, revising, or revoking as required, any policies,
operating procedures and guidelines, general orders, and rules of the Fire
Department, and the Fire Chief may establish an advisory committee from
time to time to assist in discharging these duties.
h) Arranging for the provision and allotment of strategic staffing and proper
facilities, apparatus, equipment, materials, services and supplies for the Fire
Department.
i) Ensuring the proper care and protection of all Fire Department property.
j) Arranging and implementing automatic aid, mutual aid and other negotiated
and/or Approved fire protection and emergency service agreements between
the Township of Augusta and other municipalities.
k) Determining and establishing the qualifications and criteria for employment
or appointment, and the duties and responsibilities of all Members of the Fire
Department.
l) Appointment, subject to hiring policies, of any qualified person as a Member
of the Fire Department.
m) The conduct and discipline of all Members of the Fire Department, including
disciplinary actions as required which may range from reprimand to
dismissal.
n) Keeping an accurate record of all fires, rescues and emergencies responded
to by the Fire Department, all fire safety inspections and fire investigations,
and other such records as may be required by Council in a manner consistent
with applicable records management policies of the Corporation, and for
retaining such records for a period prescribed by Approved records retention
policies and statutory requirements.
o) Enforcing the Fire Code, reporting all fires to the Fire Marshal, and complying
with all Fire Marshal’s directives as mandated by the Fire Protection and
Prevention Act.
p) 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 that an offence has been
committed under the Fire Protection and Prevention Act, or other applicable
regulation or statute.
q) Preparing and presenting annual and periodic reports to Council as deemed
necessary by the Fire Chief, and any other specific reports as directed by
Council.
r) Preparing and submitting annual budget estimates for approval by Council,
and effectively administering, monitoring, and controlling the Fire Department
operating and capital budgets.
s) Assisting other public officials in an emergency declared by the Head of
Council, the Premier of Ontario, or the Prime Minister of Canada.
7. POWERS
7.1. The Fire Chief shall exercise all powers and duties prescribed by the Fire
Protection and Prevention Act and shall be empowered to take all reasonable and
proper measures for the prevention, control, and extinguishment of fires, and for
the protection of life, property and the environment, and for the management of
emergencies within the jurisdiction of the municipality.
7.2. Without limiting the generality of the foregoing, the Fire Chief and their designates
shall be empowered and authorized to carry out the following:
a) Enforcement of all municipal By-Laws in respect of fire safety and fire
prevention,
b) Pulling down or demolishing any building or structure when necessary to
prevent the spread of fire.
c) Any necessary action to guard against fire or other danger, risk, or accident,
which may include boarding up or barricading of buildings or property, when
unable to contact the owner of the property.
d) Recovery of costs incurred by such necessary actions for the Corporation in
a manner provided by the Municipal Act and the Fire Protection and Prevention
Act.
e) Taking any and all steps as set out in Parts V, VI, VII, and VIII of the Fire
Protection and Prevention Act.
7.3. As set out in the Fire Protection and Prevention Act, the Fire Chief may delegate
any of their powers or duties to the Deputy Fire Chief or any Officer or Member
that the Fire Chief deems appropriate, subject to such limitations, restrictions or
conditions as may be set out in the delegation, and such Officer or Member so
delegated shall have all the powers and shall perform all duties as delegated.
8. RECOVERY OF COSTS
8.1.1f as the result of a Fire Department response to a fire, rescue, or other
emergency, the Fire Chief, his or her designate, or the highest ranking Officer in
charge determines that it is necessary to retain a private contractor, rent special
equipment, or use consumable materials other than water in order to suppress
or extinguish a fire, preserve property, prevent a fire from spreading, remove
hazardous materials, assist in or otherwise conduct an investigation to determine
the cause of a fire, or otherwise control or eliminate an emergency situation, the
Corporation shall recover the costs incurred by the Township of Augusta for
taking such actions from the owner of the property on which the fire or other
emergency occurred.
8.2. The Corporation may recover costs incurred by such necessary actions in a
manner provided by the Municipal Act and the Fire Protection and Prevention Act in
accordance with the fees prescribed by the applicable Fees for Services By-Law
of the Corporation from time to time.
8.3. A fee imposed upon a person under this By-Law, including any interest, penalty
charges and costs of collection, constitutes a debt of the person to the
Corporation, and a person who is charged a fee under this By-Law and fails to
pay the fee within· thirty days of receipt of an invoice shall be charged interest in
accordance with the applicable Fire Department Fees and Charges By- Law.
8.4. If a property owner who is charged a fee under this By-Law fails to pay the fee
within ninety days of receipt of an invoice, the Corporation may add the fee,
including penalty and interest, to the tax roll for any real property registered in
the name of the owner and collect the fee, including penalty and interest, in like
manner as municipal taxes.
9. MEMBER EMPLOYMENT
9.1. The Fire Chief may appoint, from time to time, any eligible person as a Member
in order to maintain a sufficient complement of Firefighters in accordance with
the Approved Fire Department Organizational Chart as set out in Schedule “A”
attached hereto and forming part of this By-Law, and subject to Approved hiring
policies.
9.2. The employment of Members shall be governed by the Firefighter Terms and
Conditions of Employment as set out in Schedule “C” attached hereto and
forming part of this By-Law.
10. OBSTRUCTION
10.1 . No person shall obstruct, hinder, or interfere with the Fire Chief or any Member
of the Fire Department in the performance of his or her duties in accordance
with this By-Law and the Fire Protection and Prevention Act.
11. OFFENCES
11.1. Every person who contravenes any provision of this By-Law is guilty of an
offence and, upon conviction, is liable to a penalty established by the Provincial
Offences Act, R.S.O. 1990, c. P.33, as may be amended from time to time, and
any successor legislation.
13. AMENDMENTS
13.1. Schedule A, to this policy may be amended from time to time upon the
approval of the CAO and/or Fire Chief in order to add or delete or modify matters
listed.
14. SEVERABILITY
14.1. Should a court of competent jurisdiction find any section or provision, or part
thereof, of this By-Law to be invalid or to be of no force and effect, such section
or provision or part thereof shall be deemed to be severable, and all other
sections or provisions or parts of this By-Law shall be deemed to be separate
and independent there from and to be enacted as such.
15. REPEAL
15.1. By-Law No. 2708, as amended, of the Corporation of the Township of Augusta
be and is hereby repealed.
15.2. Notwithstanding Section 15, the appointments of the Fire Chief, the Deputy
Fire Chief, and all other Members of the Fire Department who were appointed
under the provisions of By-Law No. 2708, that existed and were in effect on
the day on which the By-Law was repealed shall survive and remain in force
and effect after the By-Law is repealed.
16. FORCE AND EFFECT
16.1. This By-Law shall come into force and effect on the day on which it is passed.
READ a first time this 10 day of June 2019
READ a second time this 10 day of June 2019
READ a third time and passed this 10 day of June 2019
Signed by Mayor Doug Malanka and Deputy Clerk Ray Morrison
SCHEDULE B
BY-LAW 3418-2019
FIRE RESCUE AND EMERGENCY SERVICES APPROVED SERVICES AND
PROGRAMS
The Fire Department shall provide the following services and programs:
1. EMERGENCY RESPONSE
1.1. Basic Firefighting Services:
1.1.1. The Fire Department shall respond to fire, alarms of fire, and pre-fire
conditions to provide fire suppression services, and shall exercise best efforts
to conform to the most recent edition of the National Fire Protection
Association (NFPA) 1720, Standard for the Organization and Deployment of
Fire Suppression Operations, Emergency Medical Operations, and Special
Operations to the Public by Volunteer Fire Departments as revised from time
to time.
1.2. Structural Firefighting Services:
1.2.1. For the purpose of this Schedule, “Structural Firefighting” shall have the
meaning defined by NFPA 1720, Standard for the Organization and
Deployment of Fire Suppression Operations, Emergency Medical Operations,
and Special Operations to the Public by Volunteer Fire Departments.
1.2.2. Interior Search and Rescue- Shall be provided when possible and as
appropriate in accordance with the following:
1.2.2.1. Service shall be provided to search for and rescue endangered,
trapped or potentially trapped persons within the structure.
1.2.2.2. Service shall be provided only when, in the opinion of the Fire Chief
or most senior Officer in Charge, all or the following are true:
1.2.2.2.1. A scene risk assessment has been completed, and the level of
risk reasonably justifies entry into the structure;
1.2.2.2.2. Building integrity permits entry into the structure;
1.2.2.2.3. Sufficient Trained Firefighter staffing is deployed at the
fireground;
1.2.2.2.4. Reliable water supply with adequate flow can be sustained;
1.2.2.2.5. Adequate fireground supervision and support is provided.
1.2.3. Interior Fire Suppression (Offensive Operations)- Shall be provided when
possible and as appropriate in accordance with the following:
1.2.3.1.1. Service shall be provided to contain the fire and prevent further
loss of property.
1.2.3.1 .2. Service shall be provided only when, in the opinion of the Fire
Chief or most senior Officer in Charge, all of the following are true:
1.2.3.1.2.1 . A scene risk assessment has been completed, and level of
risk reasonably justifies Firefighter entry into the structure;
1.2.3.1.2.2. Building integrity permits entry into the structure;
1.2.3.1.2.3. Sufficient Trained Firefighter staffing is deployed at the
fireground;
1.2.3.1 .2.4. Reliable water supply with adequate flow can be sustained;
1.2.3.1.2.5. Adequate fireground supervision and support is provided.
1.2.4. Exterior Fire Suppression (Defensive Operations)- Shall be provided when
possible and as appropriate, in the opinion of the Fire Chief or most senior
Officer in charge, in accordance with the following:
1.2.4.1. There shall be no expected rescue component with this service.
1.2.4.2. Service shall be provided to prevent fire spread to adjacent areas.
1.2.4.3. Service shall be provided when Interior Fire Suppression is not
possible or appropriate,
1.2.4.4. Service shall be provided as water supply permits.
1.3. Rural Firefighting Operations:
1.3.1. Rural firefighting operations using tanker shuttle service shall be provided
in area without municipal water supply and best efforts shall be exercised to
conform to NFPA 1142, Standard on Water Supplies for Suburban and Rural
Firefighting.
1.3.2. The Fire Department shall maintain Superior Tanker Shuttle Service
accreditation by Fire Protection Survey Services or another recognized
accreditation body.
1.4. Vehicle Firefighting Services:
1.4.1. Service shall be provided to control and extinguish vehicle fires.
1.5. Grass, Brush, and Forestry Flrefighting Services:
1.5.1. Service shall be provided, and best efforts shall be exercised to conform to
NFPA 1143, Standard for Wildland Fire Management.
1.6. Marine Firefighting Services:
1.6.1 . Marine firefighting service shall be limited to shore-based, defensive
firefighting operations only.
1. 7. Automatic Aid Response Services:
1. 7 .1. Service shall be provided in accordance with any Automatic Aid agreements
approved by Council.
1.8. Mutual Aid Response Services:
1.8.1. Service shall be provided in accordance with the Mutual Aid Plan
established in respect to the municipalities within the United Counties of Leeds
and Grenville pursuant to clause 7(2)(a) of the Fire Protection and Prevention
Act.
1.9. Tiered Medical Assistance Services:
1.9.1. Service shall be provided in accordance with the Emergency Medical Tiered
Response Agreement between the Leeds and Grenville Emergency Medical
Services and the Township of Augusta
1.10. Ambulance Assistance Services:
1.1 0.1. Service shall be provided to assist Emergency Medical Services with
emergency and non-emergency situations with respect to providing access
and/or the provisions of care to patients.
1.11. Police Assistance Services:
1.11 .1. Service shall be provided to assist Police with emergency and non
emergency situations for which the Fire Department has equipment and/or
specialized skills to assist in the mitigation.
1.12. Public Assistance Services:
1.12.1. Service shall be provided to assist the public with emergency situations for
which the Fire Department has the equipment and/or specialized skills to
mitigate the incident.
1.12.2. Service shall be provided to assist the public with non-emergency
situations for which the Fire Department has the equipment and/or
specialized skills to mitigate the incident as resources are available.
1.13. Public Hazard Assistance Services:
1.13.1. Carbon Monoxide Incidents: Response shall be provided to carbon
monoxide alarms and emergencies.
1.13.2. Public Utility Incidents- Response shall be provided to public utility
incidents that poses public hazard including:
1.13.2.1. Electrical utility emergencies;
1.13.2.2. Natural gas and propane utility emergencies
1.13.3. Oil and combustible/flammable liquids/spills
Vehicle Accident Services:
1.13.4. The Fire Department shall respond to vehicle accidents to provide the
following services:
1. 13.4.1. Stabilizing the scene of the accident;
1.13.4.2. Stabilizing the vehicles involved in the accident;
1.13.4.3. Providing aid to injured or trapped persons;
1.13.4.4. Mitigating adverse effects to the natural environment.
1.14. Vehicle Extrication Services:
1.14.1. Vehicles sear and rescue services, including extrication, shall be provided
at the Technician Level in accordance with NFPA 1670, Standard for
Operations and Training for Technical Search and Rescue Incidents.
1.15. Large Scale Transportation Incidents involving Vehicles, Trains, Aircraft,
Watercraft:
1.15.1. Response shall be provided to large scale transportation incidents that may
involve large numbers of casualties, widespread damage to property,
and/or significant environmental impact.
1.15.2. Response provided to large-scale transportation incidents involving any
form of transportation in any body of water shall only include shorebased
response.
1.16. Highway Incident Services:
1.16.1. Fire Protection Services shall be provided to the Kings Highway and other
provincial highways
1.16.2. Cost associated with Fire Department response to provincial highways shall
be recovered in accordance with applicable provincial fire service agreements
1.17. Hazardous Materials Response Services:
1.17 .1. Service shall be provided at the Awareness Level in accordance with NFPA
472, Standard for Competence of Responders to Hazardous Material
Incidents.
1.17.2. Hazardous materials response services at the NFPA 472 Technician Level
shall not be provided by the Fire Department.
1.17 .3. Notwithstanding the foregoing, the Fire Chief shall be authorized to
designate one Firefighter to participate in a County/District/Region
Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE)
Response Team, and to train to and to operate at the NFPA 472 Technician
Level while deployed to CBRNE incidents in conjunction with a regional
response team, under the provisions of an approved mutual aid or fire
services agreement.
1.18. Water and Ice Rescue Services:
1.18.1. Surface Water Rescue- Service shall be provided at the Awareness Level
in accordance with NFPA 1670, Standard for Operations and Training for
Technical Search and Rescue Incidents, and shall only include shore
based operations
1.18.2. Swift Water Rescue- Service shall be provided at the Awareness Level in
accordance with NFPA 1670 standard and shall only include shore
based operations.
1.18.3. Ice Rescue- Service shall be provided at the Awareness Level in
accordance with NFPA 1670 standard and shall only include shore
based operations.
1.18.4. Dive rescue- Service shall not be provided by the Fire Department.
1. 18.5. Recovery services to retrieve animals, property, or human remains by
entering into or onto a body of water, or onto ice over a body of water, shall
not be provided by the Fire Department.
1.19. Urban Search and Rescue Services:
1.19.1. Fire Department response to urban search and rescue incidents shall be
limited to providing Structural Collapse Search and Rescue services at the
Awareness Level in accordance with NFPA 1670, Standard for Operations
and Training for Technical Search and Rescue Incidents.
1.19.2. Urban search and rescue service requiring structural collapse search and
rescue services at the Operations or Technician Levels shall not be
provided by the Fire Department.
1.20. Rope Rescue Services:
1.20.1. Rope rescue services at the Operations or Technician Levels shall not be
provided by the Fire Department
1.21. Confined Space Rescue Services
1.21.1. Service shall be provided at the Awareness Level in accordance with NFPA
1670, Standard for Operations and Training for Technical Search and
Rescue Incidents.
1.21.2. Confined Space Rescue Services at the Operations or Technician Levels
shall not be provided by the Fire Department.
1.22. Trench Rescue Services:
1.22.1. Service shall be provided at the Awareness Level in accordance with NFPA
1670, Standard for Operations and Training for Technical Search and
Rescue Incidents.
1.22.2. Trench Rescue Services at the Operations or Technician Levels shall not
be provided by the Fire Department.
1.23. Cave, Mine, and Tunnel Rescue Services:
1.23.1. Service shall be provided at the Awareness Level in accordance with NFPA
1670, Standard for Operations and Training for Technical Search and
Rescue Incidents.
1.23.2. Cave, Mine, and Tunnel Rescue Services at the Operations or Technician
Levels shall not be provided by the Fire Department.
1.24. Farm and Silo Rescue Services:
1.24.1. Fire Department response to farm and silo rescue incidents that involve a
rope rescue and/or a confined space rescue component shall be limited to
providing such technical rescue services at the Awareness Level in
accordance with the NFPA 1670 standard.
1.24.2. Farm and silo rescue incidents requiring rope rescue and/or confined
space rescue services at the Operations or Technician Levels shall not
be provided by the Fire Department.
1.25. Industrial and Machinery Rescue Services:
1.25.1. Service shall be provided at the Awareness Level in accordance with
NFPA 1670, Standard for Operations and Training for Technical Search
and Rescue Incidents.
1.25.2. Industrial and Machinery Rescue Services at the Operations or Technician
Levels shall not be provided by the Fire Department.
1.26. Community Emergency Plan Response Services:
1.26.1. Service shall be provided in accordance with the Approved Emergency
Management Program.
1.27. Assistant to the Fire Marshal Services- Fire Suppression:
1.27 .1. Duties of Assistant to the Fire Marshal shall be carried out as prescribed
by the Fire Protection and Prevention Act.
2. FIRE PREVENTION AND PUBLIC EDUCATION
2.1. Fire Inspection Services:
2.1.1. Conducting complaints inspections.
2.1.2. Conducting vulnerable occupancy inspections.
2.1 .3. Conducting requested inspections.
2.1.4. Conducting routine inspections.
2.1 .5. Conducting licensing inspections.
2.1.6. Systems checking, testing and approval.
2.1.7. Enforcing code compliance.
2.1.8. Enforcing municipal By-Laws.
2.1.9. Issuing permits.
2.1.10. Preparing reports and issuing written responses to requests.
2.2. Public Education Services:
2.2.1. Providing fire and life safety public education programs.
2.2.2. Facilitating smoke alarm and carbon monoxide alarm initiatives.
2.2.3. Distributing public safety messaging to the media.
2.2.4. Delivery of specialized programs.
2.3. Fire Investigation Services:
2.3.1. Determining cause and origin of fires and explosions.
2.3.2. Assessing code compliance.
2.3.3. Determining effectiveness of built-in suppression features.
2.3.4. Determining compliance with building standards.
2.3.5. Interacting with police, fire investigators, and other agencies.
2.3.6. Supporting criminal prosecutions, including appearances in court
2.4. Plans Examination Services:
2.4.1. Reviewing and approving fire safety plans.
2.4.2. Examining and providing comment on new construction and renovation
plans.
2.4.3. Reviewing and providing comment on subdivision and development
agreements.
2.4.4. Reviewing and providing comment on site plans.
2.4.5. Inspecting sites of approved plans to determine compliance.
2.5. Risk Assessment Services:
2.5.1. Conducting community fire risk assessments.
2.5.2. Compiling, analyzing and disseminating functional statistics.
2.5.3. Selecting appropriate fire service programs.
2.6. Consultation Services:
2.6.1. Consulting with families, schools, health professionals, and police with
respect to TAPP-C and other juvenile fire-starting programs.
2.6.2. Consulting with architects, engineers, planners, and builders.
2.6.3. Interacting with building departments.
2.6.4. Interacting with other government agencies.
2.6.5. Providing input into fire prevention policy development.
2.7.Assistant to the Fire Marshal Services- Fire Prevention:
2. 7 .1. Duties of Assistant to the Fire Marshal shall be carried out as prescribed
by the Fire Protection and Prevention Act
3. EMERGENCY PLANNING
3.1. Pre-Incident Planning Services:
3.1.1. Pre-incident plans shall be developed and maintained in accordance with
NFPA 1620, Standard for Pre-Incident Planning.
3.2. Community Emergency Management Planning Services:
3.2.1. Collaborating with the development, review, revision, and implementation
of the Approved Emergency Plan.
4. FIRE DEPARTMENT ADMINISTRATION
4.1. Planning and Development Services:
4.1 .1. Strategic planning.
4.1 .2. Evaluating Fire Department programs and services.
4.1.3. Projecting station locations and reallocations.
4.1 .4. Determining staffing levels and assignments.
4.1.5. Developing policies, procedures, operating guidelines.
4.1.6. Coordinating with other emergency services.
4.1.7. Coordinating development with other municipal departments.
4.2. Financial Services:
4.2.1. Coordinating with the Township Finance Department for financial services.
4.2.2. Coordinating use of information and statistics from suppression and fire
prevention activities to determine funding requirements.
4.2.3. Providing input into levels of service based on available funding.
4.2.4. Developing and administering operating and capital budgets.
4.2.5. Identifying alternative sources of revenue and fees for services.
4.2.6. Initiating cost recovery measures.
4.2.7. Purchasing.
4.3. Records Management Services:
4.3.1. Documenting Fire Department activities.
4.3.2. Maintaining Fire Department records in accordance with records retention
policies and applicable legislation.
4.3.3. Complying with all applicable freedom of information legislation, including
the Municipal Freedom of Information and Protection of Privacy Act, R.S. 0 .
1990, c. M.45, as amended, or successor legislation.
4.4. Department Human Resources Services:
4.4.1. Recruitment, selection, promotion, and retention of staff.
4.4.2. Performance evaluation.
4.4.3. Career development.
4.4.4. Job classifications.
4.4.5. Discipline.
4.5. Customer Relations Services:
4.5.1 . Environmental scanning, anticipating pressures and developing
communication strategies.
4.5.2. Enhancing public image of the Fire Department and its staff.
4.5.3. Developing and maintaining inter-agency relationships.
4.6. Health and Safety Services:
4.6.1. Implementing a Fire Department health and safety program.
4.6.2. Implementing a joint health and safety committee for the Fire Department.
4.6.3. Implementing an occupational exposure program.
4.6.4. Establishing a Designated Officer with respect to communicable disease
regulations.
Legal Services:
4.6.5. Carrying out mandated enforcement duties of the Fire Department in
accordance with applicable By-Laws, statutes and regulations.
4.6.6. Prosecuting offences under applicable By-Laws and statute.
4.6.7. Coordinating the services of solicitors and legal counsel.
5. COMMUNICATIONS
5.1. Dispatch Services:
5.1.1. Arranging for the provision of dispatch services from an external agency to
dispatch appropriate Fire Department resources.
5.1.2. Liaising with dispatch centers.
5.1.3. Providing current municipal information to the dispatch centers, including
response protocols, mapping, local streets, property, and water service
information, road closures, and caution notes.
5.1.4. Monitoring Fire Department dispatch centre performance and resolving
any service issues.
5.2. Technology Services:
5.2.1. Arranging for maintenance, repair, and technical support of Fire
Department telecommunications and computer systems.
5.2.2. Developing specifications for Fire Department radios, communications
devices and systems, and computers.
5.2.3. Arranging for interface capabilities with other data systems.
6. TRAINING AND EDUCATION
6.1. Training Program Standards:
6.1 .1. Providing a training program for Firefighters that conforms to NFPA 1001,
Standard for Fire Fighter Professional Qualifications.
6.1.2. Providing a training program for apparatus drivers and operators that
conforms to NFPA 1002, Standard for Fire Apparatus Driver/Operator
Professional Qualifications.
6.1.3. Providing a training program for auto extrication technical rescue
operations that conforms to NFPA 1006, Standard for Technical Rescuer
Professional Qualifications.
6.1.4. Providing a training program for Officers that conforms to NFPA 1021,
Standard for Fire Officer Professional Qualifications.
6.1.5. Providing a training program for fire inspectors that conforms to NFPA
1031, Standard for Professional Qualifications for Fire Inspector and Plan
Examiners.
6.1.6. Providing a training program for fire investigations that conforms to NFPA
1033, Standard for Professional Qualifications for Fire Investigators.
6. 1.7. Providing a training program for fire and life safety educators that conforms
to NFPA 1035, Standard for Professional Qualifications for Fire and Life
Safety Educator, Public Information Officer, and Juvenile Fire setter
Intervention Specialist.
6.1.8. Providing a training program for fire service instructors and training officers
that conforms to NFPA 1041, Standard for Fire Service Instructor
Professional Qualifications.
6.1 .9. Providing a training program for incident safety officers that conforms to
NFPA 1521, Standard for Fire Department Safety Officer Professional
Qualifications.
6.2. Providing Access to Training Facilities:
6.2.1. Coordinating access to appropriate training facilities.
6.2.2. Delivering hands-on training to staff
6.3. Providing Station Training:
6.3.1. Delivering curriculum specific to operational and strategic needs
6.3.2. Providing supervisory training drills.
6.4. Program Development Services:
6.4.1. Developing trainer facilitators.
6.4.2. Coordinating core curriculum.
6.4.3. Providing officer training and development.
6.4.4. Developing specialized staff development programs.
7. MAINTENANCE
7.1. Fleet and Equipment Maintenance Services:
7.1.1. Maintaining fleet and equipment (both routine and emergency).
7.1.2. Providing periodic inspection and testing programs.
7.1.3. Complying with the requirements of provincial regulations.
7.1.4. Providing annual pump capacity and certification testing.
7.1.5. Developing specifications for new apparatus and equipment
7.1.6. Acceptance testing of new apparatus and equipment.
7.1.7. Maintaining, testing, and calibrating specialized equipment.
7.2. Facilities Maintenance Services:
7.2.1. Providing routine cleaning and housekeeping of fire stations.
7.2.2. Arranging for maintenance and repair of fire station infrastructure.
7.2.3. Providing input regarding design and construction of fire stations
SCHEDULE C
BY-LAW 3418-2019
FIRE DEPARTMENT FIREFIGHTER TERMS AND CONDITIONS OF EMPLOYMENT
The employment of Firefighters shall be governed by the following:
1. FIREFIGHTER EMPLOYMENT
1.1. The employment of Firefighters shall be governed by the Employment Standards
Act, 2000, S.O. 2000, c.41, as amended, and the Ontario Human Rights Code,
RSO 1990, cH.19, as amended.
1.2. To be eligible for appointment to the position of Firefighter, every candidate shall:
1.2.1. Be at least eighteen (18) years of age
1.2.2. Be medically fit to perform the duties of Firefighter and produce a medical
evaluation report to the satisfaction of the Fire Chief from a qualified medical
practitioner which attests to the candidate’s ability to endure the physical,
emotional, and psychological demands of performing the essential job tasks
of Firefighter in accordance with NFPA 1582, Standard on Comprehensive
Occupational Medical Program for Fire Departments.
1.2.3. Be physically fit to perform the duties of Firefighter and successfully
complete a Physical Ability Test to the satisfaction of the Fire Chief.
1.2.4. Complete a Criminal Record Check which indicates no record of
unpardoned criminal or summary convictions for offences that would
adversely affect public trust, and a Police Vulnerable Sector Check which
indicates no record of sexual offences.
1.2.5. Reside in the Township and/or within proximity acceptable to the Fire Chief
to a Township fire station in order to be able to respond to emergencies in a
manner consistent with the deployment criteria of NFPA 1720, Standard for
the Organization and Deployment of Fire Suppression Operations,
Emergency Medical Operations, and Special Operations to the Public by
Volunteer Dire Departments.
1.2.6. Complete and successfully pass all written, oral, and physical examinations
to the satisfaction of the Fire Chief.
1.2.7. Have the ability to attend an acceptable number of emergency calls on a
call-out basis, as determined by the Fire Chief.
1.2.8. Have the ability to meet the training attendance requirements of the Fire
Department, as determined by the Fire Chief.
1.3. Every newly appointed Firefighter shall complete a term of probation of twelve (12)
months, during which time they shall successfully complete all training and
examinations and shall meet all attendance and performance expectations.
1.4. At the discretion of the Fire Chief, a Probationary Firefighter may be placed on an
additional term of probation of up to twelve (12) months at the completion of the
initial probationary period should circumstances warrant. And the Probationary
Firefighters shall successfully complete all training and examinations and shall
meet all attendance and performance expectations during the additional
probationary period.
1.5. Following the successful completion of the term of probation, the Fire Chief may
appoint a Probationary Firefighter as a qualified Member of the Fire Department
in accordance with approved hiring polices.
1.6. 1f a Probationary Firefighter fails to successfully complete any required training or
examinations or fails to meet any requirement of the Fire Department or any
obligations as may be agreed upon, or whose attendance or performance is
otherwise unsatisfactory, the Fire Chief may dismiss the person.
1.7. The Fire Chief may promote, from time to time, any qualified Member in order to
maintain a sufficient complement of Officers in accordance with the Approved Fire
Department Organizational Chart.
1.8.1n consideration of the physical, emotional, and psychological demands
associated with performing the essential job tasks of a Firefighter, the recognition
under the Workplace Safety and Insurance Act, 1977 as amended, that certain
cancers and other illnesses are presumed to be occupational diseases due to the
nature of Firefighters’ employment, and the Corporation’s responsibility to ensure
the safety, health and wellness of employees performing fire suppression and
emergency response duties, the Fire Chief may:
1.8.1. Require every Firefighter to produce a medical evaluation report from a
qualified medical practitioner prior to appointment which attests to the
candidate’s medical fitness to perform the duties of Firefighter.
1.8.2. Establish a medical screening and monitoring program wherein every
Firefighter shall be required to periodically undergo a medical examination and
produce a medical evaluation report from a qualified medical practitioner
confirming the Firefighter’s fitness to perform the duties of Firefighter.
1.8.3. Establish a program to ensure each Firefighter’s continued physical ability
to perform the duties of Firefighter by successfully completing a Candidate
Physical Ability Test (CPAT) beginning at an age determined by the Fire Chief
and periodically thereafter.
1.8.4. Every member who is required to carry out any Approved Emergency
Response program or service as set out in Section 1 of Schedule “B” of the
By-Law to Establish and Regulate a Fire Department, shall be medically and
physically fit to perform the duties of Firefighter, and shall submit to a medical
examination and/or a Candidate Physical Ability Test at such times as the Fire
Chief may reasonably require.
1.8.5. If a qualified medical practitioner finds a Firefighter to be unfit to perform the
essential job tasks of Firefighter, the Corporation may take such actions it
deems necessary in respect of the Firefighter’s employment subject to the
Corporation’s duty to accommodate pursuant to the Ontario Human Rights
Code.
2. REMUNERATION
2.1. The rate of remuneration for each Firefighter shall be commensurate with the
respective levels of training, those classes are:
2.1.1. 4th class Firefighter
2.1 .1.1. Minimum wage, adjusted annually in accordance with annual
increase awarded by Council to Augusta Township Staff each year
2.1.1.2. 3rd class Firefighter
2.1.1.2.1. $1.35 increase from 4th class
2.1.1.3. 2nd class Firefighter
2.1.1.3.1. $1 .35 increase from 3rd class
2.1.1.4. 1st class Firefighter
2.1.1.4.1. $1.35 increase from 2nd class
2.2.1n addition to renumeration based on their class, Officers shall also be paid a lump
sum, and these lump sums shall be:
2.2.1.1. Captains/Fire Prevention Officers/Secretary: $1 ,000.00
2.2.1 .2. Deputy Chief: $5,000.00
2.2.1.3. These lump sums shall be adjusted annually in accordance with
annual increase awarded by Council to Augusta Township Staff each
year.
2.3. Firefighters shall be paid Vacation Pay at a rate of 4% of their gross earnings,
annually.
2.4.1n accordance with the Employment Standards Act, 2000 or current version,
Firefighters shall not be eligible for public holidays or public holiday pay.
2.5.1n accordance with the regulations enacted under the Employment Standards Act,
2000, or current version, the rules governing daily and weekly limits on hours of
work, daily rest periods, time off between shifts, and weekly/biweekly rest periods
shall not apply to Firefighters.
3. WORKPLACE SAFETY AND INSURANCE BOARD COVERAGE
3.1. For the purposes of the Workplace Safety and Insurance Act, 1007, and the
regulations enacted thereunder, Members of the Fire Department shall be
considered workers as defined by the Act, and the Corporation shall be the
deemed employer in respect of Workplace Safety and Insurance Board coverage
for members of municipal volunteer fire brigades.
3.2. The Corporation shall maintain coverage for Members according to the annual
maximum insurable earning ceiling as may be established by the Workplace
Safety and Insurance Board from time to time.
4. GENERAL DUTIES AND RESPONSIBILITIES
4.1.AII Members shall conduct themselves in conformance with the By-Law to
Establish and Regulate a Fire Department, all applicable policies of the
Corporations, and all policies, procedures, operations guidelines, general orders,
and rules of the Fire Department, and shall faithfully and diligently perform their
assigned duties to the best of their ability.
5. DISCIPLINE
5.1. The Fire Chief may reprimand, suspend, or take disciplinary action up to and
including dismissal of any Member for an infraction of any provision of the By-Law
to Establish and Regulate a Fire Department, any applicable policy of the
Corporation, or any policy, procedure operating guideline, order, directive or rule
of the Fire Department.
6. LEAVE OF ABSENCE
6.1. Firefighters shall be entitled to all statutory unpaid leaves of absence to which they
are entitled under the provisions of the Employment Standards Act 2000 or current
version.
6.2. Firefighters who have completed the twelve (12) month probationary period may
request a voluntary leave of absence from the Fire Chief without pay for a period
of up to twelve (12) months, and such requests shall not be unreasonably denied.
6.3.AII requests for a voluntary leave of absence must be submitted in writing to the
Fire Chief at least twenty (20) calendar days prior to when the leave of absence is
to commence. The Fire Chief, at their discretion, may waive this notice period.
6.4.A request for a second or subsequent leave of absence within twelve (12) months
of previous leave of absence shall be evaluated on a cases by cases basis.
7. TERMINATION
7.1. The employment relationship between a Member and the Corporation may be
terminated in the following ways:
7 .1.1. Resignation/Retirement: A member may terminate employment by
providing written notice to the Fire Chief or designate.
7.1.2. Termination with Just Cause: The Corporation may terminate the
employment of a Member for just cause without notice or payment in lieu of
notice at any time during the course of employment.
Termination without cause: The employment of a member may be terminated without
cause at any time by the Corporation, at its sole discretion for any reason, by providing
the member with the minimum amount of notice, or pay in lieu of notice, and severance
pay if applicable to which they are entitled under the Employment Standards Act 200, or
current version. In addition, the Corporation shall continue to pay its share of the
member’s benefits, if any, for the duration of the notice of termination period, pursuant to
the Employment Standards Act 2000, or current version.
