[1]
Editor's Note: Ord. No. 4607 enacted on 3-6-2020 states that the City Council has opted out of a planned merger of Fire Departments which would create the North County Fire Protection District. The Berkeley Fire Department shall remain under the established Charter of the City of Berkeley, that requires ten percent (10%) of the registered qualified voters to amend as stated in Article XIII of said Charter..
[CC 1961 §5.02; Ord. No. 610, 8-16-1954; Ord. No. 4543, 5-6-2019]
A. 
There is hereby established a Fire Department in the City of Berkeley which shall have the powers and duties, and consist of personnel as prescribed in this Chapter.
1. 
The uniformed force of the Berkeley Fire Department shall consist of the Fire Chief, Assistant Fire Chief, Battalion Chiefs, Captains, Firefighter/Paramedics and Firefighter/EMT. Apprentice Firefighters and or Cadets can be part of the Fire Department when approved by the City Manager. The non-uniformed force of the Department shall be all civilian employees of the Fire Department. The City Council, from time to time, will establish the organizational structure of the Fire Department.
2. 
The entire force uniformed and non-uniformed, staff and line, shall be under the command of the Fire Chief of the Department.
[CC 1961 §5.04; Ord. No. 610, 8-16-1954; Ord. No. 4543, 5-6-2019]
A. 
The Chief of the Fire Department shall be an appointed position who shall perform all functions, powers and duties as described in this Chapter as the head of the Fire Department. The Fire Chief is subject to supervision by the City Manager.
1. 
The Fire Chief shall be charged with the general supervision of the Department, and shall be responsible for the discipline, good order and proper conduct of the subordinate officers and employees of the Department, the enforcement of all laws, ordinances, rules and regulations pertaining to the Department, and for the care and condition of the fire stations, all Fire Department vehicles, apparatus and all other property of the Department.
2. 
The Fire Chief shall be in charge of providing fire and life protection services and enforce all ordinances related to fire prevention, fire suppression and elimination of fire hazards. The Fire Chief shall enforce all life safety codes by inspection or by his/her designee in all existing buildings, premises and new construction within the City for the purpose of enforcing the adopted Fire Code.
3. 
The Fire Chief or his/her authorized representative may be in charge at the scene of a fire or other emergency are empowered to direct such operations necessary in the performance of their duty. The Fire Chief or his/her representative may prohibit or remove any person, vehicle or object from any emergency scene that may interfere with operations of the Fire Department. Any person ordered to leave the area shall do so and not reenter until authorized to do so.
4. 
The Fire Chief shall have the power to order the removing of any building, erection, fence, pole, wire or other thing, if the Fire Chief shall deem it necessary for the purpose of checking the progress of any fires.
5. 
The Fire Chief shall propose to the City Manager the staffing needs of the Fire Department along with the proposed budget for the upcoming fiscal year.
[CC 1961 §5.04-1; Ord. No. 2171 §§1 — 2, 11-1-1976]
A. 
There is hereby created the position of Assistant Fire Chief of the City of Berkeley whose duties will be as follows:
[Ord. No. 4543, 5-6-2019]
1. 
The Assistant Fire Chief shall be responsible to the Fire Chief and shall serve as administrator and shall perform such duties as prescribed by the Fire Chief. The Assistant Fire Chief is responsible for the supervision of subordinate officers, review of their activities, and/or inspections of departmental operations and equipment. The Assistant Fire Chief makes administrative and operational decisions pertaining to fire prevention operating standards, as well as training within the limitations of laws, regulations and established policies.
2. 
Before any person shall be appointed as Assistant Fire Chief they shall have had extensive knowledge of the principles and practices of modern fire department administration, extensive knowledge of fire prevention, plan review and role of the Fire Marshall. Shall be familiar with the geography of the City and locations of streets, principal buildings, and fire hydrants, ability to plan, install and carry out programs of departmental operations. Shall have considerable experience in a supervisory capacity; with at least sixty (60) hours of college, supplemented by completion of training in firefighting techniques, fire prevention, plan review and fire department administration; or an equivalent combination of experience and training.
3. 
The Assistant Fire Chief shall be appointed by the Fire Chief with the approval of the City Manager/Public Safety Community.
B. 
The Assistant Fire Chief shall be appointed by the City Manager and shall be compensated by the City for such a position in an amount as set forth in the Municipal budget, however, the first (1st) appointee shall be paid the sum of eighteen thousand two hundred dollars ($18,200.00) annually.