[Added 9-14-1987 by L.L. No. 4-1987; amended 3-13-2023 by L.L. No. 3-2023]
There shall be a Department of Fire, which shall consist of
a Fire Commissioner, Fire Chief, and such other ranks and members
within the Department as the City Manager may hereafter create with
the approval of the Council and consistent with the New York State
Civil Service Law, and including the Bureau of Fire, the Bureau of
Fire Prevention and the Bureau of Code Compliance.
[Added 9-14-1987 by L.L. No. 4-1987; amended 3-13-2023 by L.L. No. 3-2023]
The Fire Commissioner shall be appointed by the City Manager
and as the head of the Department of Fire shall have supervision and
control of the Bureau of Fire, the Bureau of Fire Prevention and the
Bureau of Code Compliance, the officers, members and employees, applicable
laws, ordinances, regulations, policies and procedures, and such other
functions and duties as may be assigned by the City Manager.
[Added 3-13-2023 by L.L. No. 3-2023[1]]
The Fire Chief shall be appointed by the City Manager and shall
have administrative responsibility for firefighting and fire prevention
activities including code enforcement as directed by the City Manager
and the Fire Commissioner consistent with applicable laws, ordinances,
regulations, policies and procedures.
[Added 10-13-1981 by L.L. No. 7-1981; amended 3-13-2023 by L.L. No. 3-2023]
There shall be a Bureau of Code Compliance headed by the Code
Compliance Supervisor, who shall be under the direct supervision of
the Fire Commissioner. The offices of the Building Inspector and the
Plumbing Inspector shall be within the Bureau of Code Compliance.[1]
[1]
Editor's Note: Former Secs. 12.05 and 12.08, as amended, which
immediately followed this section and dealt with the authority of
the Police Commissioner and subordinate officers and minimum salaries
in the Police Department, were repealed 2-24-1975 by L.L. No. 2-1975.
[Added 11-5-1963; amended 9-14-1987 by L.L. No. 4-1987]
A.
The Council shall, by ordinance, determine and regulate the compensation
of all personnel of the Fire Department, except as otherwise provided
by law.
B.
Any member of the Fire Department shall, while serving in an acting
capacity in a grade or position above that regularly held by such
a member, be entitled to receive the same minimum compensation as
that provided for the position or grade in which he is so acting.
[Amended 3-13-2023 by L.L. No. 3-2023]
The Police and Fire Departments shall, as to their membership
and component parts, remain as now constituted until the same shall
be changed by action of the Council. The Council has power at all
times by ordinance to determine the number of officers and members
of each of said Departments and the classes and grades into which
they shall be divided and may pass ordinances not inconsistent with
law for the government of Police, Fire and Health Departments and
regulating the powers and duties of their officers and members. Members
of the Fire Department shall be appointed by the City Manager consistent
with New York State Civil Service Law.[1]
[1]
Editor's Note: Former Sec. 12.12, which immediately followed
this section, was renumbered as Sec. 11.17 by L.L. No. 3-1975, adopted
2-24-1975. Former Sec. 12.13, which dealt with the City Manager's
authority to delegate his power of appointment and was derived from
L.L. No. 3-1972, adopted 12-11-1972, was repealed 2-24-1975 by L.L.
No. 2-1975.
[Added 3-28-1988 by L.L. No. 3-1988]
Members of the Fire Department are public servants and as such
shall have the power to enforce all the laws, ordinances and regulations
of the City and the state pertaining to fire prevention and fire safety,
including those sections of the Vehicle and Traffic Law regulating
parking in the vicinity of a fire station, parking in the vicinity
of a fire hydrant, following or parking in the vicinity of emergency
fire vehicles, crossing of a fire hose and parking in a designated
fire lane. For this purpose, they are authorized to issue and serve
legal process as defined by the laws of the state for violations of
the aforesaid laws, ordinances and regulations, including the authority
to issue and serve appearance tickets as defined by the Criminal Procedure
Law. The City Manager shall designate those members of the Fire Department
who shall exercise this function and shall have the authority to make
regulations governing its exercise.[1]
[1]
Editor's Note: Former § C12.14, Exemption of police
and firemen from military and jury duty or arrest, which immediately
followed this section, was repealed 3-13-2023 by L.L. No. 3-2023.
Former Secs. 12.16, 12.18 and 12.20, which immediately followed former
§ C12.14, were renumbered as Secs. 11.14, 11.15 and 11.16,
respectively, by L.L. No. 3-1975, adopted 2-24-1975. Former Sec. 12.31,
which dealt with the powers, functions and duties of the Health Officer,
was repealed 9-14-1987 by L.L. No. 4-1987.
[Amended 9-14-1987 by L.L. No. 4-1987]
The Building Inspector shall pass upon all plans and specifications
for buildings or other structures to be erected within the City. He
shall not approve any such plans or specifications unless they shall
comply in all respects with the ordinances of the City relating thereto.
He shall generally inspect all buildings and other structures erected
in the City during the course of their construction. He shall have
power summarily to stop the construction of any building or structure
which is not being constructed in accordance with the ordinances of
the City relating thereto and shall have the power summarily to cause
the removal of any building or other structure or portion thereof
which, because of a violation of the ordinances of the City relating
thereto, he deems unsafe.
The Plumbing Inspector, when required, shall assist the Building
Inspector in the examination and approval of plans and specifications
filed with him in relation to the plumbing provided for in such plans
and specifications. He shall inspect all plumbing in new buildings
before the same is used, and the same shall not be used until his
permit therefor is given. He may require the installation of new plumbing
in any building or structure within the City, the plumbing of which
does not conform to the ordinances of the City relating thereto. He
shall have all the powers in relation to plumbing in buildings and
structures within the City herein granted to the Building Inspector
in relation to buildings and structures therein.[1]
[1]
Editor's Note: Former Sec. 12.60, which immediately followed
this section and was added 9-22-1980 by L.L. No. 6-1980 and dealt
with the power of the City Manager to authorize the issuance of appearance
tickets, was renumbered as § C3-94B by L.L. No. 4-1987,
adopted 9-14-1987. Former Sec. 12.80, which dealt with the duties,
functions and powers of the Sealer of Weights and Measures, was deleted
3-25-1974 by L.L. No. 2-1974.
