The head of the fire department shall be the fire chief, who
shall also be known as the chief engineer of the fire department.
He and his assistants shall have power at all times to enter into
and examine all buildings and lots, to direct obedience to all ordinances
relating to the prevention of fires, and to report to the chief of
police all infractions thereof that are not forthwith abated.
Whenever the office of fire chief shall become vacant, the commissioner
of civil service of the county, unless there be an eligible list for
such office already in effect, shall hold an examination for the office
and certify the result thereof to the mayor and city administrator.
The fire chief shall be appointed from such list in accordance with
the charter and shall hold office in accordance with the charter and
applicable law.
(a)
The fire chief shall procure through the commissioner of finance
and keep in repair the fire apparatus and maintain such engine houses
as the common council may authorize and provide for and shall have
control of the same. He shall organize fire companies and appoint,
and when necessary remove, volunteer firemen. He shall prescribe the
duties of the firemen and make rules and regulations for the government
and discipline of the fire department.
(b)
Every member of the paid fire department shall hold his respective
office during good behavior and while competent to perform the duties
of such office, and may be removed upon written charges to be served
on him. All members of the fire department shall have the right to
counsel upon the trial of any charge preferred against them and such
charges shall be made in writing by the fire chief and shall be heard
and determined by the trial commission provided for and created pursuant
to this code.
The chief engineer shall have command of the fire department,
and shall have control of and be responsible for the care and management
of the fire apparatus, and shall direct and control the firemen as
to their duties in case of fire. He shall have power to appoint two
assistant engineers, by designation in writing to be filed with the
chamberlain, who shall hold office during his pleasure, and shall
perform such duties and possess such powers as shall be prescribed
by the mayor.
(a)
Statement of purpose and policy. This section is intended to
amplify an supplement the provisions of Insurance Law §§ 9104
and 9105 as the same may be from time to time amended. This section
is further intended to modify and supersede the provisions of special
acts heretofore adopted by the state legislature concerning the receipt
and expenditure of fire department tax on premiums on policies of
foreign and alien fire insurance companies and fire insurance premium
tax on foreign mutual fire insurance companies. This section is intended
to set forth the policy of the city for receipt and expenditure of
the aforesaid fire tax proceeds for the use and benefit of the fire
department of the city including the fire company or companies that
comprise the fire department.
(b)
Treasurer of fire department designated. The commissioner of
finance of the city is hereby designated as the treasurer of the fire
department of the city and all of the fire companies comprising said
department. The commissioner of finance shall be the recipient of
all of the fire insurance premium taxes to be paid to the treasurer
of the fire department and to the treasurer of all of the fire company
or companies comprising the department including all volunteer fire
companies.
(c)
Relationship between paid fire fighters and volunteer fire fighters.
Within the city, fire fighting services are provided by one fire department
headed by the fire chief of the fire department. Fire fighting services,
within the fire department, are provided by both paid fire fighters
who are employees of the city and also volunteer fire fighters who
are members of one or more volunteer companies. The fire houses or
engine houses maintained by the city, as well as the fire apparatus,
supplies and equipment are obtained, maintained, repaired and replaced,
from time to time, for the benefit of all of the fire fighters of
the city including both paid fire fighters and volunteer fire fighters.
All of the aforesaid property and facilities of the fire department
are available for the use of all fire fighters, both paid and volunteer.
The common council hereby determines that the construction, maintenance,
repair and alteration of fire houses or engine houses, and the purchase,
maintenance, repair and replacement of fire fighting apparatus, supplies
and equipment, including the expenditures for all of the aforesaid,
constitute activities and expenditures for the use and benefit of
the fire department as a whole including the paid fire fighters and
the volunteer fire fighters and any and all volunteer fire companies
to which such volunteer fire fighters may belong. The common council
notes that the aforesaid property and facilities are not separately
maintained for paid fire fighters and for volunteer fire fighters
but rather are available for the fire department of the city including
both paid and volunteer fire fighters.
(d)
Permissible expenditures. The commissioner of finance, as the
treasurer of the fire department, shall expend and disburse the fire
tax premiums received pursuant to Insurance Law §§ 9104
and 9105, as the same may be amended from time to time, for such items
of expenditure for the benefit of the fire department as may be set
forth in the budget of the city from year to year. Such expenditures,
as they may be set forth in the budget of the city, from year to year,
may include payment for the purchase, replacement and maintenance
of fire fighting apparatus, equipment and supplies to be utilized
by both paid fire fighters and volunteer fire fighters. Such expenditures,
as they may be set forth in the budget of the city, from year to year,
may include payment for the acquisition, construction, maintenance,
alteration, repair and rehabilitation of the fire houses and engine
houses of the fire department of the city that are used by both paid
fire fighters and volunteer fire fighters. References to fire fighting
apparatus and equipment is intended to include but is not limited
to vehicles, hoses, ladders, safety equipment, self-contained breathing
apparatus and inner compressor for filling self-contained breathing
apparatus, and fire fighting tools.
(e)
Distribution of funds between paid fire fighters and volunteer
fire fighters. The expenditure of fire tax receipts received pursuant
to Insurance Law §§ 9104 and 9105, as the same may
be amended from time to time, in the manner aforesaid, for expenditure
purposes to be utilized by both paid fire fighters and volunteer fire
fighters constitutes a fair and equitable distribution of the aforesaid
proceeds as between the paid fire fighters and the volunteer fire
fighters. The use of such funds for the above noted purposes to be
utilized by both paid fire fighters and volunteer fire fighters constitutes
a per capita distribution of the funds in question in that the paid
and volunteer fire fighters will share in the use and benefit of the
items for which the funds are expended to the extent of their respective
numbers within the fire department of the city.
(f)
Application to other laws. This local law is intended to supersede
any provision of any special act heretofore adopted by the state legislature
on the subjects herein covered to the extent that any special acts
are inconsistent with the provision of this local law. This local
law is intended to supplement the provisions of Insurance Law §§ 9104
and 9105 as the same may be from time to time amended and is intended
to constitute local legislation relating to the property, affairs
and government of the city as authorized by the Municipal Home Rule
Law, the state constitution and the statute of local governments.
(g)
Funds covered by this local law. This local law is intended
to be applicable to all funds received by the treasurer of the fire
department, whether heretofore received or hereafter received, to
the extent that said funds have not been expended as of the effective
date of this local law. This local law is also intended to be applicable
to funds heretofore received by the associated fire department pursuant
to Insurance Law §§ 9104 and 9105 to the extent that
such funds have not been heretofore expended.
(h)
Separability provisions. If any clause, sentence, paragraph,
section or part of this local law shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder hereof, but shall be confined in
its operation to the clause, sentence, paragraph, section or part
thereof directly involved in the controversy in which such judgment
shall have been entered.
Pursuant to the provisions of the Municipal Home Rule Law and § 150.10 of the Criminal Procedure Law, the fire inspector, who is a civilian employee of the city fire department and public servant of the city, is hereby authorized to issue and serve appearance tickets, returnable in the city court of the city, for any violation of chapter 8 of the city code of ordinances, entitled "fire prevention and protection" or for any violation of the uniform fire prevention and building construction code.
[1]
Editor's Note: Former § 11.07, Building Division,
added by L.L. No. 10-2001, was repealed by L.L. No. 1-2010. See § 9.02.
[L.L. No. 10-2001, § 5]
Pursuant to the provisions of the Municipal Home Rule Law and § 150.10 of the Criminal Procedure Law, the plumbing inspector, who is a civilian employee of the fire department of the city and public servant of the city is hereby authorized to issue and serve appearance tickets, returnable in the city court of the city, for any violation of chapter 6, article III of the city code of ordinances, entitled "plumbing code."
