[HISTORY: Adopted by the Common Council of the City of Franklin 8-5-1997 by Ord. No. 97-1461 as Ch. 5 of the 1997 Code. Amendments noted where applicable.]
Recognized as the City of Franklin Fire Department. The members are hereby officially recognized as the Fire Department of the City, and the duty of fire fighters and the prevention of fires in the City is delegated to such Department. Its organization and internal regulations shall be governed by the provisions of this chapter and by such rules of the Department as may be adopted according to §§ 44-2 and 44-6B below or as otherwise provided by law and ordinance.
The Fire Department shall adopt rules and regulations for the control and management of the Fire Department as prepared by the Fire Chief, subject to approval of the Mayor. Amendments shall be adopted in the same manner.
The City Council shall appropriate funds to provide for operation and for such apparatus and equipment for the use of the Fire Department as it may deem expedient and necessary to maintain efficiency and properly protect life and property from fire.
The officers and members of the Fire Department shall receive such compensation from the City Council as may from time to time be fixed by the Council.
Composition. The Fire Department shall consist of a paid Chief and such paid and paid-on-call subordinates, together with a master mechanic, Fire Inspector and supervisors deemed necessary by the Chief as approved by the City Council.
Age. All members of the Department shall be 18 years of age or older at the time of appointment.
Appointment of members. All members of the Fire Department shall be appointed by the Chief, subject to approval of the Police and Fire Commission.
Appointment of Chief. The Chief of the Fire Department shall be appointed by the Police and Fire Commission. If the Office of Chief shall become vacant, the ranking officer shall perform the duties of the Chief until such vacancy has been filled.
Creation of Chief. The Chief shall immediately assume office and shall hold office until removed for cause after a hearing by action of 2/3 of the members of the Police and Fire Commission, unless his or her services be sooner terminated by resignation or death.
Applicants. Any person desiring to be a member of the Fire Department may file with the Fire Chief thereof an application in such form as the Police and Fire Commission may require. The name of any applicant approved by the Fire Chief shall be presented to the Police and Fire Commission for confirmation.
Resignations. All resignations from the Department shall take the same course as applications for and appointments to membership.
Right of appeal to Commission. Any member or officer of the Department who has been expelled or demoted for any offense or neglect of duty or insubordination may appear before the members of the Police and Fire Commission and state why such penalty should not be confirmed. The Police and Fire Commission may by a two-thirds vote of the members order the Chief to reinstate the member or officer. The Fire Chief shall report the name of each person expelled or demoted to the Police and Fire Commission.
Organization into companies. The Fire Department shall organize into one or at the option of the Chief into two or more companies. The Chief may at any time make transfers which he or she deems necessary between companies.
The Chief shall have general supervision of the Department, subject to this chapter and the rules of the Department, and shall be responsible for the personnel and general efficiency of the Department.
He or she shall have command and supervision of all the members, apparatus and operations of the Department. He or she shall establish rules and regulations for the Department, which must be approved by the Mayor.
The Chief shall preside at all meetings of the Department, call special meetings, preserve order, decide all points of order that may arise and enforce a rigid observance of this chapter and the rules and regulations.
The Chief or his or her designee shall be present at all fires, have complete command of and responsibility for all fire-fighting operations, plan the control of the same and direct the actions of the fire fighters.
The Chief may demote or expel any officer or member of the Department for neglect or refusal to perform his or her departmental duties, such demotion or expulsion to be subject to an appeal to the Police and Fire Commission.
The Chief shall submit a written report to the City Council not later than May 1 of each year and at such other times as he or she deems desirable, relating to the conditions of the various pieces of apparatus and appurtenances, the number of fires occurring since the previous report, date of the same and loss occasioned thereby, number of members in the Department and the resignations and expulsions from the Department. He or she shall also report upon the training program of the Department, together with other pertinent information, including recommendations of such improvements as he or she deems proper and necessary for the operation of the Department.
The Chief shall enforce or cause to be enforced all fire prevention ordinances of this City and state laws and regulations pertaining to fire prevention and shall keep citizens informed on fire prevention methods and activities of the Department.
The Chief shall keep a fire record book of every fire, the location of the same, time the alarm was received, time the Department arrived, method of extinguishing, amount of insurance on the building and contents, estimated fire loss, time the fire was extinguished, number of men and amount of equipment used and other pertinent information.
The Chief shall keep or cause to be kept an inventory of all apparatus and equipment and the results of tests of the same.
The Chief shall perform such other duties as are incumbent on the commanding officer of the Fire Department.
General. The Chief shall have control of all apparatus used by the Department and shall be responsible for its proper maintenance. Emergency repairs may be authorized by the Chief.
Use of apparatus. No apparatus shall be used for any purpose except fire-fighting within the City limits or training thereof, except pursuant to an agreement approved by the Police and Fire Commission and City Council after the Chief has given his or her recommendation for such use. With the approval of the Chief, such apparatus may be used for emergency purposes other than fire-fighting within the City. A written report of all such cases shall be made.
Willful injury to apparatus. No person shall willfully injure in any manner any hose, hydrant or fire apparatus belonging to the City, and no vehicle shall be driven over any street, private driveway or other place to be used at any fire or alarm of fire without the consent of the Fire Department official in command.
Assistance to municipalities. The Chief of the Fire Department may give aid whenever possible to any municipality which maintains a fire department in case of serious fire or emergency, provided that mutual aid will not jeopardize the fire defenses of the City.
Assistance from other municipalities. The Chief of the Fire Department may request aid whenever necessary from any neighboring municipality which maintains a fire department in the event of a serious fire or emergency within the City.
Authority at fires. The Chief and his or her assistants or officers in command at any fire are hereby vested with full and complete police authority at fires. Any officer of the Department may cause the arrest of any person failing to give the right-of-way to the Fire Department in responding to a fire.
Specific authority at fires. The Chief or his or her designee may prescribe certain limits in the vicinity of any fire within which no persons, excepting fire fighters and police officers and those admitted by order of any officer of the Department, shall be permitted to come. The Chief or his or her designee may cause the removal of any property whenever it shall become necessary for the preservation of such property from fire or to prevent the spreading of fire or to protect the adjoining property, and during the progress of any fire he or she may order the removal or destruction of any property necessary to prevent the further spread of the fire. The Chief or his or her designee may also cause the removal of all wires or other facilities and the turning off of all electricity or other services where the same impedes the work of the Department during the progress of a fire.
Fire fighter may enter adjacent property. Any fire fighter, while acting under the direction of the Fire Chief or other officer in command, may enter upon the premises adjacent to or in the vicinity of any building or other property then on fire for the purpose of extinguishing such fire, and no person shall hinder, resist or obstruct any fire fighter in the discharge of his or her duty.
Duties of bystanders to assist. Every person who shall be present at a fire shall be subject to the orders of the Fire Chief or officer in command and may be required to render assistance in fighting the fire or removing or guarding property. Such officer may cause the arrest of any person refusing to obey such orders.
Chief to be Fire Inspector. The Chief of the Department shall hold the Office of Fire Inspector with power to appoint one or more Deputy Fire Inspectors, who shall perform the same duties and have the same powers as the Chief Fire Inspector.
Duty of Fire Inspectors. The Fire Inspector or Deputy Fire Inspectors shall inspect quarterly all buildings, premises and thoroughfares within the fire limits of this City and shall inspect semiannually all buildings, premises and public thoroughfares within the City for the purpose of noting and causing to be corrected any condition liable to cause fire. The Inspector or his or her deputies shall also investigate the storage and handling of explosives and flammable liquids within the City.
Removal of fire hazards. Whenever in the City any inspection by the Fire Chief or his or her deputies reveals a fire hazard, the Chief or his or her deputies shall serve a notice, in writing, upon the owner of the property, giving such owner a reasonable time in which to remove the hazard. If the fire hazard is not removed within the time allowed, it shall be deemed a nuisance. The Fire Chief or his or her deputy may have the same removed by the City, and the cost of such removal shall be recovered in an action by the City against the owner of the property.
Record of inspections. The Chief shall keep a written record card of each property inspected, which shall conform to the requirements of the Department of Industry, Labor and Job Development and make the semiannual report of inspections required by the Department of Industry, Labor and Job Development to qualify the City for two-percent dues.
Denial of access prohibited. No person shall deny the Chief or his or her deputies free access to any property within the City at any reasonable time for the purpose of making fire inspections. No person shall hinder or obstruct the Fire Inspector in the performance of his or her duty or refuse to observe any lawful direction given by him or her.
[Amended 2-2-1999 by Ord. No. 99-1534; 1-18-2000 by Ord. No. 2000-1590; 3-5-2002 by Ord. No. 2002-1706; 5-4-2004 by Ord. No. 2004-1791; 5-2-2006 by Ord. No. 2006-1877; 12-2-2008 by Ord. No. 2008-1960]
Definitions. As used in this section, the following terms shall have the meanings indicated:
- ADVANCED LIFE SUPPORT (ALS) SERVICES
- An advanced level of pre-hospital and inter-hospital emergency care and nonemergency medical care that includes basic life support care, cardiac monitoring, cardiac defibrillation, electrocardiography, intravenous therapy, administration of medications, drugs and solutions, use of adjunctive medical devices, trauma care, on-scene care and other authorized techniques and procedures, as provided in rules adopted by the Wisconsin Department of Health and Family Services under § HFS 112, Wis. Adm. Code.
- ADVANCED LIFE SUPPORT SERVICES, LEVEL 1 (ALS-1)
- The provision of ALS services and/or assessment at a level below that specified for ALS-2 Services.
- ADVANCED LIFE SUPPORT SERVICES, LEVEL 2 (ALS-2)
- The provision of ALS service and/or assessment with treatment, including the administration of three or more different medications and the provision of at least one of the following ALS procedures: manual defibrillation/cardioversion, endotracheal intubation, central venous line insertion, chest decompression and/or intraosseous line insertion.
- BASIC LIFE SUPPORT (BLS) SERVICES
- A basic level of pre-hospital, on-scene care/assistance and intra-hospital nonemergency medical care and emergency care that includes airway management, cardiopulmonary resuscitation (CPR), control of shock, control of bleeding and splinting of fractures, as provided in rules adopted by the Wisconsin Department of Health and Family Services under § HFS 110, Wis. Adm. Code.
- The City of Franklin Fire Department.
- MILEAGE FEE
- A fee for each mile, or portion thereof, that an ambulance travels when transporting a patient in need of medical care to a hospital or medical facility.
- A person whose primary home address is not within the City limits of the City of Franklin.
- A person whose primary home address is within the City limits of the City of Franklin.
Ambulance service to be provided by fire Department. The Department shall provide emergency medical transportation to persons within the City limits of the City of Franklin, and outside the City limits of the City of Franklin in accordance with applicable mutual aid agreements with surrounding communities.
Fees for basic life support services.
[Amended 1-10-2012 by Ord. No. 2012-2066; 2-19-2019 by Ord. No. 2019-2355]
Resident and nonresident fees. Every resident and nonresident receiving basic emergency service from the City by way of a BLS service support unit transport to a health-care facility shall pay for such service a base service rate of $811.
Mileage fees. In the event that a resident or nonresident is transported by the Department, every resident and nonresident shall pay a mileage fee in an amount that shall be determined from time to time by the Chief of the Fire Department based upon a review of the actual costs to the City of providing said transport. The Chief shall post the amount of this fee in writing at each of the Department's fire stations, in the Chief's office and in the office of the City Clerk so as to be made available for public inspection during normal business hours.
Oxygen usage fee. In the event that the Department provides oxygen to a resident or nonresident, every resident or nonresident shall pay an oxygen usage fee for each unit, or portion thereof, of oxygen used by a patient in an amount that shall be determined from time to time by the Chief of the Fire Department based upon a review of the actual costs to the City of providing said oxygen. The Chief shall post the amount of this fee in writing at each of the Department's fire stations, in the Chief's office and in the office of the City Clerk so as to be made available for public inspection during normal business hours.
Fees for advanced life support services. Every resident and nonresident receiving advanced life support emergency service from the City shall pay for such services provided at the following services costs rates:
[Amended 3-4-2014 by Ord. No. 2014-2134; 2-19-2019 by Ord. No. 2019-2355]