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HomeMy WebLinkAboutO-1455 - Repeals and replaces Ch. 2.60; repeals Sec. 2.44.010 – 2.44.040, fire department (Repealed by 1879).,' CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO./~S~ AN ORDINANCE OF THE CITY OF MARYSVILLE REPEALING CHAPTER 2.44 OF THE MARYSVILLE MUNICIPAL CODE (STATE RELIEF AND PENSION FUND),AND CHAPTER 2.60 OF THE MARYSVILLE MUNICIPAL CODE (VOLUNTEER FIRE DEPARTMENT)AND ENACTING A NEW CHAPTER 2.60 ENTITLED "FIRE DEPARTMENT." The City Council of the City of Marysville,Washington do ordain as follows: Section 1.The following sections of the Marysville MunicTpalCode-are hereby REPEALED:2.44.010,2.44.020, 2.44.030, 2.44.040,2.60.010,2.60.020,2.60.030,2.60.040,2.60.050, 2.60.060,2.60.070, 2.60.080,2.60.090,2.60.100,2.60.110,and 2.60.120. Section 2.A new Chapter 2.60 of the Marysville Municipal Code is hereby enacted to provide as follows: CHAPTER 2.60 FIRE DEPARTMENT 2.60,,010 Fire Department.The Fire Department of the City of Marysville shall have responsibility for the following duties and functions,sUbject to supervision and control by the City Administrator,Mayor and City Council: a)The prevention of fires. b)The suppression or extinguishing of dangerous or hazardous fires. c)The investigation of the cause,origin and circumstances of fire. d)Enforcement of the Uniform Fire Code pursuant to Chapter 9.04 of the Marysville Municipal Code. e)Enforcement of the Fireworks Code pursuant to Chapter 9.20 of the Marysville Municipal Code. f)Provide aid car service and ambulance service pursuant to Chapter 9.24 of the Marysville Municipal Code. g)Enforcement of the Washington Clean Indoor Air Act pursuant to Chapter 7.16 of the Marysville Municipal Code. 1 h)Perform such other duties and functions as may be delegated to the Department by the Mayor or City Council. 2.60.020 Personnel.The Fire Chief shall be the-----------------administrative head of,the Fire Department.He shall be responsible,through the City Administrator,to the Mayor and City Council.All full-paid employees of the Fire Department, including the Fire Chief,shall hold classified positions subject to the jurisdiction of the Civil Service Commission. 2.60.030 Rules and Regulations.The Fire Chief,with the approval of the City Council,is authorized to make and enforce such rules and regulations for the administration,implementation and enforcement of the duties,functions and responsibilities of the Department as may be necessary from time to time.A copy of such rules and regulations shall be filed with the City Clerk,and an additional copy shall be kept in the office of the Fire Department,and shall be accessible by the public during all business hours of the City. 2.60.040 Volunteer Fire Department.The Marysville Volunteer Fire Department shall be establfShed and maintained as a nonprofit corporation of the State of Washington.Its Articles of Incorporation and By-Laws are subject to review and approval by the Fire Chief.The Fire Chief shall be an ex-officio Director of said corporation. 2.60.050 Volunteer 'Firefighters.Duly-qualified members of the Marysville Volunteer Fire Department may serve as volunteer firefighters for the City under the supervision and direction of the Fire Chief.The number of volunteers shall not exceed 25 firefighters for each 1,000 people residing within the City limits,plus any number of volunteers who are duly-qualified under Chapter 18.73 RCW .t o perform emergency medical services and to operate an aid car.and ambulance service for the City. 2.60.060 Volunteer Firemen's Relief and Pensions.The City shall enroll all dUly-qualified volunteer firefighters under the relief and compensation provisions of Chapter 41 ..24 RCW for the purpose of providing protection for the firefighters and their families from death or disability arising in the performance of their duties as firefighters.The City shall also offer all duly-qualified volunteer firefighters the option of enrolling under the pension provisions of Chapter 41.24 RCW. 2.60.070 Board of Trustees for Relief and Pension Fund. There is hereby created and established a Board of Trustees for the administration of the Volunteer Firefighters'Relief and Pension Fund in the City of Marysville.Such board shall consist of the Mayor,the City Clerk,one Councilmember,the Fire Chief, and one volunteer firefighter to be elected by the Marysville 2 r t - Volunteer Fire Department for a term of one year and annually thereafter.Said board shall perform the functions and duties specified in Chapter 41.24 RCW. 2.60.080 Contract With Volunteer Fire Department.The City may enter into a contract for services with the Marysville Volunteer Fire Department.Said contract shall provide for compensation to the Department and its members for services performed for the City.The City shall not pay any compensation to volunteer firefighters in excess of the limits established by the Fair Labor Standards Act for volunteer labor.In the performance of services and functions as a volunteer firefighter, the volunteers shall be acting as agents of the City,but shall not be construed as employees of the City.Any services or functions performed by the volunteers which are outside the scope of the directions of the Fire Chief,or his designee,shall not be considered as being performed as an agent of the City,and the City shall not be liable therefor.The Volunteer Fire Department, and the individual volunteers,shall agree to hold the City harmless from any and all claims against the City'which may arise from any services or functions which are performed outside the scope of the directives and supervision of the Fire Chief,or his designee. ~~60.0~0 CitX_C~~E!!~~~b~E_AuthoEi~~d_t~_S~E~~_~~ Volunteer Firefighter.By resolution adopted by unanimous vote of the City Council,any City Councilmember maybe authorized to serve as a volunt~er firefighter and to receive the same compensation,insurance and other benefits as are applicable to other volunteer firefighters. 2.60.100 Chain of Command.The Fire Chief shall be in command of the Fire Department,including all volunteers.In his absence,the administrative duties of his office shall be assumed by a full-paid captain in the Fire Department~the operational duties of his office shall be assumed in the following chain of command:Assistant Chief,captains,lieutenants,drivers. ~PASSED b~the City Council and APPROVED by the Mayor this 10 day of dE"'.fli.~'1986. CITY OF MARYSVILLE ~ MAYOR 3 ·. r:•• ."~.... ATTEST: APPROVED AS TO FORM: 4 No._ CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO. 1455 AN ORDINANCE OE THE CITY OF MARYSVILLE REPEALING CHAPTER 2.440F niE 'MARYSVILLE MUNICIPAL CODE (STATE RELIEF AND PENSION FUND), AND CHAPTER 2.60 OF THE MARYSVILLE MUNICIPAL CODE (VOLUNTEER FIRE DEPARTMENT)AND ENACTING A NEW CHAPTER 2.60 ENTITLED "FIRE DEPARTMENT." The City Council of the City of Marysville,Washington do ordain as follows: Section 1. The following sections of the Marysville Municipal Code are hereby RE:PEALED:2.44.010,2.44.020, 2.44.030, 2:44.040, 2.60.010, 2.60.020, 2.60.030, 2.60.040, 2.60.050,2.60.060,2.60.070,2.60.080,2.60.090,2.60.100, 2.60.110.and 2.60.120, Section 2. A new Chapter 2.60 of the Marysville Municipal Code is hereby enacted to provide as fouows:. CHAPTER 2.60 FIRE DEPARTMENT 2.60.010 Fire Department.The Fire Department of the City of Marysville shall have responsibility for the following duties and functions,subject to supervision and control by the City Administrator,Mayor and City Council: a)The prevention of fires. b)The suppression or extinguishing of dangerous or hazardous fires. c)The investigation of.the cause,origin and circumstances of fire. d)Enforcement of the Uniform Fire Code pursuant to Chapter 9.04 of the Marysville ,Municipal Code.,' , e)Enforcement of the F ireworks ~ode pursuant to Chapter 9.20 of the Marysville ;Municipal Code. f)Provide aid car service and ambulance service pursuant to Chapter 9.24 of the Marysville Municipal Code.'• g)Enforcement of the Washington Clean Indoor Air Act pursuant to Chapter 7.16of the Milrysville Municipal Code.- h)Perform such other duties and functions as may be delegated to the Department by the Mayor or City Council'.. 2.6.020 Personnel.'The Fire Chief shall be the administrative head of the Fire Depart- ment.He shall be responsible,through the City Administrator,to the Mayor and City ,COuncil.All fUll-paid employees of the Fire Department,including the Fire Chief,shall hold classified positions subject to the jurisdiction fo the Civil Service Commission. 2.60.030 Rules and Regulations.The Fire Chief.with the approval of the City Council,is , ,authorized to make and enforce such rules and regulations for the administration,Irn- .plementation and enforcement of duties,functions and responsibilities of the Depart- ment as may be necessary from time to time.A copy of such rules and regulations shall ,be filed with the City Clerk,and an additional copy shall be kept in the office of the Fire ,Department,and shall be accessible by the public during all business hours of the City. 2.60.040 Volunteer Fire Department.The Marysville Volunteer Fire Department shall be established and maintained as a nonprofit corporation of the State of Wash,ington.Its Articles of Incorporation and By-Laws are subject to review and approval by the Fire Chief.The Fire Chief shall be an ex-officio Director cif said corporation. , 2.60.050 Volunteer Firefighters.DUly-qualified members of the Marysville Volunteer Fire Department may serve as volunteer firefighters for the City under the supervision and direction of the Fire Chief.The number of volunteers shall not exceed 25 firefighters ,for each 1,000 people residing within the City limits,plus any number of volunteers who are duly-qualified under Chapter 18.73RCW to perform emergency medical services and to operate an aid car and ambulance service for the City. 2.60.060 VOlunfeer Firemen's Relief and Pensions.The City shall enroll all duly- qualified volunteer firefighters under the relief and compensation provisions of Chapter 41.24 RCW for the purpose of providing protection for,the firefighters and their families from death or disability arising in the performance of their duties as firefighters.The Ci- ty shall also offer all duly-qualified volunteer firefighters the option of enrolling under the pension provisions_of Chapter 41.24 RCW. 2.60.070 Board 01 Trustees for Relief and Pension Fund.There is hereby created and established a Board of Trustees for the administration ro the Volunteer Firefighters' Relief and Pension Fund in the City of Marysville.Such board shall consist of the Mayor, the City Clerk,one Councilmember,.the Fire Chief,and one volunteer firefighter to be elected by the Marysville Volunteer Fire_Department for a term of one,year and annual- ly thereafter.Said board shall perform the functions and'duties specified in Chapter 41.24 RCW. 2.60.080_Contract With Volunteer Fire Department.The City may enter into_a-CODtrad for services With the Marysville Volunteer Fire Department.Said contract shall provide for compensation to the Department and its members for services performed for the Ci- ty.The City shall not pay any compensation to volunteer firefighters in excess of the limits established by the Fair Labor Standards Act for volunteer labor.In the perfor- mance of services 'and functions as a volunteer firefighter,the Volunteers shall be acting as agents of the City,but shall not be construed as employees of the City.Any services or , functions performed by the volunteers which are outside the scope of rhe directions of the Fire Chief,or his designee,shall not be considered as being performed as an agent of the City,and the,City shall not be liable therefor.The Volunteer Fire Department,and the in- diVidual VOlunteers,shall agree to hold the City harmless from any and all claims against the City which may arise from any services or functions which are performed ~outside the scope of the directives and supervision of the Fire Chief,or his designee. 2.60.090 City Council member Authorized to Serve as Volunteer Firefighter.By resolu- tion adopted by unanimous vote of the City Council,any City Councilmember may be authorized to serve as a volunteer firefighter and to receive the same compensation.in- surance and other benefits as are applicable to other volunteer firefighters. 2.60.100 Chain of Command.,The Fire Chief shall be in command of the Fire Depart· rnent,including all volunteers.In his absence,the administrative duties of his office shall be assumed by a full-pald captain in the Fire Department;the operational duties of his office shall be assumed in the follOWing chain tlf command:Assistant Chief,captains, lieutenants,drivers. PASSED by the City Council and APPROVED,by the Mayor this lOth day of February, 1986. CITY OF MARYSVILLE By s/Norman Anderson,Mayor ATTEST:Bys/Phillip E.Dexter,City Clerk APPROVED AS TO FORM:By James H.Allendoerfer,City Atty. Published:February.12, 1986 I ieing first duly swornI ~'_e_cX~1;~!'Y_.__..._ weekJy newspaper. er which has been ap- ,in Snohomish County ter 213 of Washington leen for more than six lcation hereinafter re-~uage continually as a lomish County,Wash- .said time was printed id place of publication I a true copy of a .----as it was I supplement form)of triad of _?.!1_e con- I ~tJL day of:E~~!'~?I..Y, 'of E~_b_r:.':~:119_~~_, 'spaper was regularly I of said period.That ,the foregoing publi- rich amount has beenI l.A . ,---------------- ,lis _~-_-,. I~ i State of Washington, rvsvnte, -/--_._-- \ \ \ No._ STATE OF WASH~NGTON, County of Snohomish, S5. _____J.._~~c!~_~~p~s_t_~~,being first duly sworn on oath deposes and says that he is the_$~_cx~t;~!'Y..__.. _ of THE MARYSVILLE GLOBE, a weekly .newspaper. That said newspaper is a legal newspaper which has been ap- proved by order of the Superior Court in Snohomish County June 18, 1962 in compliance with Chapter 213 of Washington Laws of 1941, and it is now and has been for more than six months prior to the date of the publication hereinafter re- ferred to,published in the English language continually as a weekly newspaper in Marysville,Snohomish County,Wash- ington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the annexed is a true copy of a ___________QrMll.?_I!.~~j1~.?..s.:~as it was published in regular issues (and not in supplement form)of . said newspaper once each week for a period of _P.!1_e con- secutive weeks,commencing on the __11_tJL day ofJ:~Q!".!:l.?I..Y, 19_~§_,and ending on the __l~~9 __day of !~_b_r:.':~:r 19_~~_, both dates inclusive,and that such newspaper was regularly distributed to its subscribers during all of said period.That the full amount of the fee charged for the foregoing publi- cation is the sum of $__l']l-,J_~,which amount has been paid in full _~__ludau-..; Subscribed and sworn to before me this _~_ day of -------~1C:0::c!+-,19_r.~.~r .,-/)-:-\, .......U······..71 ...... Public in and for/tile State of Washington, Residing a MarySVille.