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3. NEW FIRE SERVICES ESTABLISHING BY-LAW NOUVEAU RÈGLEMENT INSTAURANT LE SERVICE DES
INCENDIE D’OTTAWA |
Committee RecommendationS
That Council approve the
Establishing By-law for Ottawa Fire Services, attached as Document 1, including
the following elements:
a)
Formally establishes the Ottawa Fire Services
b)
Sets the policy framework and reporting mechanisms for
Ottawa Fire Services
c)
Authorizes the Fire Chief to take appropriate actions
to protect and preserve life and property
d)
Authorizes the Ottawa Fire Services to leave the limits
of the municipality with respect to a fire or emergency under specific
circumstances
RecommandationS DU Comité
Que le Conseil approuve le règlement d’instauration, correspondant au
document 1 ci-joint, y compris les points suivants :
a)
Instaurer
officiellement le Service des incendies d’Ottawa;
b)
Établir
le cadre stratégique et les mécanismes de communication du Service des
incendies d’Ottawa;
c)
Autoriser
le chef des pompiers à prendre les mesures nécessaires pour protéger et préserver
des vies et des biens;
d)
Autoriser
le Service des incendies d’Ottawa à quitter les limites de la ville dans le
cadre d’un incendie ou d’une situation d’urgence, sous certaines conditions
particulières.
Documentation
1.
Deputy
City Manager's report, City Operations dated 30 July 2009
(ACS2009-COS-EPS-0049).
Community and
Protective Services Committee
Comité des services communautaires et de protection
and Council/et au Conseil
July 30 2009 / le 30 juillet 2009
Submitted by/Soumis par:
Steve Kanellakos, Deputy City
Manager/Directeur municipal adjoint,
City Operations / Opérations municipales
Contact Person/Personne ressource : James Ullett, Chief
Ottawa Fire Services/Service des incendies d'
Ottawa
(613) 580-2424 x 29411,
James.Ullett@ottawa.ca
SUBJECT: |
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OBJET : |
NOUVEAU Règlement instaurant le Service des incendie
d’Ottawa |
REPORT RECOMMENDATION
That the Community and
Protective Services Committee recommend that Council approve the Establishing
By-law for Ottawa Fire Services, attached as Document 1, including the
following elements:
a)
Formally establishes the Ottawa Fire Services
b)
Sets the policy framework and reporting mechanisms for
Ottawa Fire Services
c)
Authorizes the Fire Chief to take appropriate actions
to protect and preserve life and property
d)
Authorizes the Ottawa Fire Services to leave the limits
of the municipality with respect to a fire or emergency under specific
circumstances
RECOMMANDATION DU
RAPPORT
Que le Comité des services communautaires et de
protection recommande au Conseil d’approuver le règlement d’instauration,
correspondant au document 1 ci-joint, y compris les points suivants :
a)
Instaurer
officiellement le Service des incendies d’Ottawa;
b)
Établir
le cadre stratégique et les mécanismes de communication du Service des
incendies d’Ottawa;
c)
Autoriser
le chef des pompiers à prendre les mesures nécessaires pour protéger et
préserver des vies et des biens;
d)
Autoriser
le Service des incendies d’Ottawa à quitter les limites de la ville dans le
cadre d’un incendie ou d’une situation d’urgence, sous certaines conditions
particulières.
City Council at its meeting of May 23, 2007 approved the following recommendation from the Audit of Ottawa Fire Services Branch:
“That the existing regulatory by-law for fire services, carried over from the former City of Ottawa, be repealed and that the Ottawa Fire Service develop a new Establishing and Regulatory By-law for Council approval which clearly articulates all key objectives and features of the fire service.”
An ‘Establishing By-law’, although not mandated by legislation, can provide a clear framework within which a fire service will operate. The Fire Marshal has also indicated that in some recent cases the courts have also expressed the need for such a by-law within Ontario municipalities in order to clearly establish the Fire Chief’s authority in areas such as cross-boundary jurisdictions and the authority to allow additional structures to be damaged or destroyed at a site if necessary to contain a fire.
The Ontario Fire Marshal has developed guidelines for fire services in the province to use in the design of an effective establishing and regulatory by-law. In Ottawa, many of the recommended components have already been approved as listed below; but the establishing by-law would serve to bring all of the components together:
1. Recruitment and Hiring Policy approved by Council August 8, 2001 (ACS2001-EPS-FIR-0001)
2. Fire Service Delivery Model approved by Council July 24, 2002 (ACS2002-EPS-FIR-0004)
3. Collective Agreement between the City of Ottawa and the Ottawa Professional Firefighters’ Association that was ratified by the City November 13, 2002
4. Fire Prevention Service Delivery Model approved by Council March 26, 2003 (ACS2003-EPS-FIR-0001)
5. Volunteer Firefighter Management Program approved by EPSC September 14, 2006
6. Mutual Aid Agreements approved by Council October 10, 2007 (ACS2007-CPS-OFS-0003)
7. Fire Station Location Study (sets levels of service) Phase 1 approved by Council October 22 2008 (ACS2008-CPS-OFS-0001); Phase 2 approved by Council November 26, 2008 (ACS2008-COS-OFS-0002)
DISCUSSION
The passage of a revised Fire Services Establishing By-law is recommended to provide a policy framework for Ottawa Fire Services, and to clearly establish the Fire Chief’s authority.
The Establishing By-law has the following key components:
o Organizational structure
o Approved Ottawa Fire Services goals and objectives
o List of functions and services provided
o Level of service
o Pulling down or demolishing any building or structure to prevent the spread of fire
o 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
o Recovery of expenses incurred by such necessary actions for the Corporation in the manner provided by the Municipal Act, 2001 and the Fire Protection and Prevention Act, 1997.
o That threatens property in the municipality or property situated outside the municipality that is owned or occupied by the municipality;
o That is subject to an approved agreement or plan
o That is on property beyond the municipal boundary where the Fire Chief determines that immediate action is necessary to preserve and protect life or property and the appropriate fire department is notified to respond and assume command or establish alternative measures, acceptable to the Fire Chief
The By-law does not duplicate existing policies or legislation and will not require regular amendments. It has been drafted with the assistance and advice of Legal Services, and in consultation with the Ontario Fire Marshal’s office.
This report is related to ACS 2009-COS-EPS-0048 – Ottawa Fire Services – 2008 Annual Report to Committee and Council, as the by-law requires the City to document the OFS organizational structure, goals and objectives, functions and services, and service levels in the Annual Report.
ENVIRONMENTAL IMPLICATIONS
N/A
RURAL IMPLICATIONS
N/A
CONSULTATION
As this is an administrative report, no public consultation was required.
FINANCIAL IMPLICATIONS
There are no financial implications associated with this report.
There are no legal/risk management impediments to implementing the recommendation. Legal staff have been involved in the preparation of the draft by-law.
SUPPORTING DOCUMENTATION
Document 1 – Fire Services Establishing By-law
DISPOSITION
The City Operations Department will implement any direction received from Committee and Council.
Document 1 – Fire Services Establishing By-law
BY-LAW NO.
A By-law of the City of Ottawa to establish and regulate Ottawa Fire Services.
The Council of the City of Ottawa enacts as follows:
DEFINITIONS
1. In this by-law,
“City” means the municipal corporation of the City of Ottawa or the geographic area of the City of Ottawa as the context requires;
“Council” means the council of the City of Ottawa;
“Deputy Fire Chief” means the person or persons appointed as a Deputy Fire Chief by Council and who may act on behalf of the Fire Chief in the case of an absence or vacancy in the office of Fire Chief;
“Division” means a division of Ottawa Fire Services as provided for in this by-law;
“Fire Chief” means the person appointed by Council as Fire Chief for the City under the Fire Protection and Prevention Act, 1997;
“fire protection services” includes 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 of those services;
“member” means a person employed in or appointed to Ottawa Fire Services and assigned to undertake fire protection services and includes full-time and volunteer firefighters but does not include officers;
“officers” means the Fire Chief, Deputy Fire Chiefs, district chiefs, platoon chiefs, captains and lieutenants and such other person as may be designated an officer by Council;
“Ottawa Fire Services” means the fire department of the City established under the Fire Protection and Prevention Act, 1997.
ESTABLISHMENT
2. A fire department, known as Ottawa Fire Services, is hereby established under the direction of the Fire Chief to provide fire protection services.
COMPOSITION
3. Ottawa Fire Services shall consist of the Fire Chief and such number of officers, members and administrative support staff as considered necessary by Council to perform fire protection services.
ORGANIZATION
4. Ottawa Fire Services shall be organized into Divisions such as:
(a) Administration and Business Services;
(b) Communications;
(c) Fire Operations;
(d) Fire Prevention;
(e) Training;
(f) Planning, Safety, Maintenance & Equipment; and
(g) Special Operations.
5. The Fire Chief, with the prior written approval of the City Manager, may reorganize or eliminate Divisions or establish other Divisions or may do any or all of these matters or any combination thereof as may be required to ensure the proper administration and operation of Ottawa Fire Services.
6. (1) Each Division of Ottawa Fire Services is
the responsibility of the Fire Chief and is under the direction of the Fire
Chief or an officer designated by the Fire Chief.
(2) Officers shall report to the Fire Chief on activities within the Division under their supervision and shall carry out all orders of the Fire Chief.
7. Where the Fire Chief designates a member to act in place of an officer in Ottawa Fire Services, such member, when so acting, shall have all of the powers and shall perform all duties of the officer replaced.
RESPONSIBILITIES OF FIRE CHIEF
8. The Fire Chief shall have all the rights, powers 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.
9. The Fire Chief is responsible for the proper administration and operation of Ottawa Fire Services.
10. The Fire Chief shall provide liaison with the Office of the Fire Marshal of Ontario and any other office or organization as required by Council or as considered necessary or advisable by the Fire Chief for the proper administration and efficient operation of Ottawa Fire Services and the effective management of fire protection services in the City.
11. (1) The Fire Chief shall implement all policies approved by Council and shall develop such standard operating procedures and guidelines, general orders and rules necessary to implement such policies as well as to ensure the care and protection of all Ottawa Fire Services personnel and equipment and ensure the proper administration and operation of Ottawa Fire Services.
(2) A list of policies approved by Council is contained in Schedule “A” to this by-law.
12. The Fire Chief shall regularly review and update the policies and procedures referred to in Section 11 as required.
13. The Fire Chief shall prepare and submit to the General Manager of Emergency and Protective Services the annual budget estimates for approval by Council.
14. The Fire Chief may utilize such officers, members and administrative support staff of Ottawa Fire Services as the Fire Chief may determine from time to time to assist in the performance of his or her duties.
ANNUAL REPORT
15. The Fire Chief shall prepare and submit to the General Manager of Emergency and Protective Services an annual report to be presented to Council in each following calendar year.
16. The annual report referred to in Section 15 shall include but not be limited to the following items:
(a) the goals and objectives of Ottawa Fire Services;
(b) a description of the organization of Ottawa Fire Services;
(c) the fire protection services provided by Ottawa Fire Services; and
(d) the level of service to be provided by Ottawa Fire Services
FIRE PREVENTION AND SUPPRESSION
17. The Fire Chief shall take all proper measures for the prevention, control and extinguishment of fires and for the protection of life and property and shall exercise all powers mandated by the Fire Protection and Prevention Act, 1997.
18. In exercising powers mandated by the Fire Protection and Prevention Act, the Fire Chief shall be empowered to authorize in accordance with the Fire Protection and Prevention Act, 1997:
(a) the pulling down or demolition of any building or structure when deemed necessary by the Fire Chief to prevent the spread of fire;
(b) any action deemed necessary by the Fire Chief including boarding up or barricading buildings or property to guard against fire or other danger, risk or accident, when unable to contact the property owner; and
(c) the recovery of expenses incurred by such necessary actions in the manner provided in the Municipal Act, 2001 and the Fire Protection and Prevention Act, 1997.
AUTHORITY TO LEAVE MUNICIPAL LIMITS
19. Ottawa Fire Services shall not respond to calls with respect to a fire or emergency outside of the limits of the City except with respect to a fire or emergency,
(a) that in the opinion of the Fire Chief or designate of Ottawa Fire Services threatens property in the situated outside the city that is owned or occupied by the City;
(b) in a municipality with which an approved agreement has been entered into to provide fire protection services which include automatic aid;
(c) on property where an approved agreement has been entered into with any person or corporation to provide fire protection services;
(d) in a municipality authorized to participate in the provincial emergency fire service plan and mutual aid program or any other similar reciprocal plan or program; or
(e) on property beyond the boundaries of the City where the Fire Chief or designate of Ottawa Fire Services determines immediate action is necessary to preserve and protect life or property and the appropriate fire department is notified to respond and assume command or to establish alternative measures acceptable to the Fire Chief or designate.
SHORT TITLE
20. This by-law may be referred to as “The Ottawa Fire Services Establishing By-law”
ENACTED AND PASSED this day of , 2009.
CITY CLERK MAYOR
SCHEDULE
“A”
1. Recruitment and Hiring Policy
2. Fire Service Delivery Model
3. Collective Agreement between the City of Ottawa and the Ottawa Professional Firefighters’ Association
4. Fire Prevention Service Delivery Model
5. Volunteer Fire Fighter Management Program
6. Participation in the Ontario Provincial Mutual Aid Agreement Program
7. Fire Location Study Phases 1 and 2