City of West Haven, CT
New Haven County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of West Haven as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-25-2012]

§ 106-1 Title.

The title of this article shall be the "Establishment and Operation of the City of West Haven Fire Department Allingtown."

§ 106-2 Purpose.

A. 
The purpose of this article is to establish a municipally operated fire department in the City of West Haven and to further provide for the management, discipline and control of such fire department, pursuant to Connecticut General Statutes Sections 7-148(c)(4)(B) and 7-301.
B. 
The purpose is, more specifically, to provide for fire protection services, including emergency services normally attendant to fire protection facilities, within the geographical limits previously comprising the Allingtown Fire District. The establishment of the Department would follow the termination of such District pursuant to Connecticut General Statutes Section 7-329, inclusive of a vote by the City Council of the City of West Haven to agree, in writing, to assume all of the District's outstanding indebtedness and to accept the balance of the assets of such District, and contingent upon successful completion of the transfer as certified by the Office of the West Haven Corporation Counsel.
C. 
This article is further intended to authorize, pursuant to Connecticut General Statutes Section 7-301, the making of appropriations for such fire protection and emergency services and laying of taxes for the support thereof, such authority to be limited, however, to the geographical limits previously comprising the Allingtown Fire District and not operative within the limits of the West Shore Fire District and the First Fire Taxation District, aka the Center District.

§ 106-3 Department established.

There shall be a Fire Department, known as the "City of West Haven Fire Department Allingtown," which shall consist of a Board of Fire Commissioners, a Fire Chief, a Fire Marshal and such officers and employees of such ranks and grades as may be prescribed by the Board of Fire Commissioners, subject to available appropriations. The Fire Department shall provide fire protection services including emergency services normally attendant to fire protection facilities, within the geographical limits previously comprising the Allingtown Fire District, which limits are more specifically described in § 106-11 of this article.

§ 106-4 Board of Fire Commissioners established.

A. 
There shall be a City of West Haven Allingtown Board of Fire Commissioners consisting of five members appointed by the Mayor with the approval of the City Council, not more than three of whom shall be members of the same political party. The Mayor shall appoint one member to serve for one year, one member for two years, one member for three years, one member for four years, and one member for five years. Each of the initial terms shall begin on the effective date of the appointment, and end on June 30 in the year of the term expiration, that is, June 30, 2013, June 30, 2014, June 30, 2015, June 30, 2016, or June 30, 2017. Upon the expiration of each initial term, one member shall be appointed each year for a term of five years, with each term beginning on a July 1 date. At the time of their appointment, the members of the Board of Fire Commissioners shall have been electors of the City of West Haven for at least one year, shall reside within the geographical limits previously comprising the Allingtown Fire District as more specifically described in § 106-11, and shall serve without compensation.
B. 
There shall be two alternate members of the Board of Fire Commissioners appointed by the Mayor with the approval of the City Council, each with a five-year term. At the time of their appointment, such alternate members shall have been electors of the City of West Haven for at least one year, may not be of the same political party and shall serve without compensation.

§ 106-5 Powers of Board of Fire Commissioners.

The Board of Fire Commissioners shall be responsible for the management, discipline and control of the City of West Haven Fire Department Allingtown and shall have the following powers and duties:
A. 
To make rules and regulations in conformity with the ordinances of the City and the Connecticut General Statutes for the conduct of the Fire Department;
B. 
To appoint, discipline and remove for cause all employees of the Department;
C. 
To purchase supplies and equipment necessary for its operation, subject to available appropriations and in conformance with the Charter and ordinances of the City of West Haven;
D. 
To enter into an agreement with any volunteer fire company or companies within the City for the protection thereof from fire on such conditions as to financial assistance and the observance of the regulations as the Board of Fire Commissioners may determine; and
E. 
To exercise all of the powers of a fire commission established and provided by the Connecticut General Statutes.

§ 106-6 Fire Chief appointed.

A. 
There shall be a Fire Chief appointed by the Board of Fire Commissioners. Within 12 months of his or her appointment and during his or her term of office, the Fire Chief shall be an elector of the City of West Haven.
B. 
The Fire Chief shall have the following powers and duties:
(1) 
To assign all members of the Department to their respective posts, shifts, details and duties;
(2) 
To execute and administer the rules, regulations and policies set and established by the Board of Fire Commissioners concerning the operation of the Department and the conduct of all officers and employees thereof;
(3) 
To be responsible for the administration, efficiency, discipline and good conduct of the Department; and
(4) 
To take disciplinary action, except dismissal, against subordinate officers and employees in the Department for the violation of the rules and regulations of the Department.

§ 106-7 Fire Marshal appointed.

There shall be a local Fire Marshal appointed by the Board of Fire Commissioners pursuant to Connecticut General Statutes Section 29-297. The Fire Marshal shall be qualified to act as such pursuant to law and shall have such powers, duties and protections as are prescribed by the Connecticut General Statutes. The Board of Fire Commissioners shall have the authority to determine whether the Fire Marshal may also fill another position within the Department. The Board of Fire Commissioners may also appoint one or more Deputy Fire Marshals, as may be necessary, who shall act under the direction and supervision of the Fire Marshal.

§ 106-8 Restriction on superseding of volunteer fire companies.

The Fire Department established under this article shall not supersede any volunteer fire company which is the owner of any building, fire apparatus or other property without having first come to any agreement with such company with regard to the disposition of and compensation for such building, apparatus or other property.

§ 106-9 Funding of volunteer fire companies.

Nothing in this article shall prevent the City from appropriating funds to a volunteer fire company or companies for services rendered or to be rendered within the geographical limits previously comprising the Allingtown Fire District, as more specifically described in § 106-11, provided the City shall deem it in the public interest to do so.

§ 106-10 Taxation.

The laying of taxes for the support of the Department shall be limited to properties within the geographical limits previously comprising the Allingtown Fire District as described in § 106-11 herein. Said tax shall be known as the "Allingtown Fire Tax" and shall be sufficient to pay all expenses related to fire protection and emergency services within such limits, including any appropriations toward payment of outstanding indebtedness assumed by the City from the District, less any revenue received from grants, gifts and fees collected with respect to operation of the Department and revenue from the sale or lease of assets transferred to the City from the District.

§ 106-11 Geographical limits.

The geographical limits within which fire protection services shall be provided by the City of West Haven Fire Department Allingtown shall be the geographical limits previously comprising the Allingtown Fire District, to wit:
Beginning at a point at the intersection of the center line of West River and the northerly boundary line of the Derby division of the New York, New Haven and Hartford Railroad Company; thence following the northerly boundary line of said Derby division in a westerly direction to the center line of Club Creek; thence following the center line of Club Creek to a point 230 feet more or less easterly from the east boundary line of Campbell Avenue when measured along the center line of Club Creek; thence in a northerly direction to the intersection of the center line of First Avenue and the center line of Campbell Avenue to a point 150 feet north of the intersection of the north property line of Terrace Avenue produced, with the center line of Campbell Avenue, when measured along the center line of Campbell Avenue; thence westerly along a course parallel to and 150 feet north of the north property line of Terrace Avenue to the intersection of the westerly boundary line of the Derby division of the New York, New Haven and Hartford Railroad Company; thence southwesterly to the northeast corner of the Caccavale Farm; thence southwesterly along the northwesterly boundary of the Caccavale Farm to the southeasterly corner of the Ryskiewicz Farm, so called; thence northerly along the northeast boundary of the Ryskiewicz Farm to the northeast corner of the Ryskiewicz Farm; thence westerly along the northwesterly boundary line of the Ryskiewicz farm to the east property line of Meloy Road, thence southwesterly to a merestone marking the boundary line between the Town of Orange and the City of West Haven, which merestone is located on the west property line of Meloy Road; thence northwesterly along the boundary line between the Town of Orange and the City of West Haven to the intersection of the westerly boundary line of the City of West Haven to the intersections of the westerly boundary line of the City of West Haven and the southerly boundary line of the City of New Haven, said intersection marking the northwest corner of the City of West Haven; thence in an easterly direction along the boundary line between the City of New Haven and the City of West Haven to the intersection of the center line of West River and the boundary line between the City of New Haven and the City of West Haven, said point marking the northeast corner of the City of West Haven; thence in a southerly direction along the center line of the West River to the point of beginning. Said boundary lines are shown on the map of "Proposed Changes of Fire Districts of the City of West Haven" on file in the Office of the City Clerk of the City of West Haven.