CHAPTER 7. FIRECHAPTER 7. FIRE\Article 1. Fire Department

Article 1. Fire Department

The fire department of the city is hereby established, and the department shall be organized to consist of a fire chief, a deputy fire chief and not less than 25 firefighters. Members of the fire department shall be appointed by the city manager.

(Code 2021)

Members of the fire department shall all be volunteers. They shall meet at least once each month for practice and drill. The chief of the fire department shall keep a record of attendance of such meetings. Any member who shall fail to attend six consecutive meetings shall automatically become expelled from membership.

(Code 2021)

The chief of the fire department shall be under the supervision of the city manager and shall have immediate superintendency and control over and be responsible for the care and condition of the fire apparatus and equipment. It shall be the chief’s duty to see that all such apparatus and equipment is ready at all times for immediate use.

(Code 2021)

(a)   The fire chief shall be responsible for the discipline of the members and is hereby given authority to suspend or expel any member for refusal to obey orders or for misconduct or failure to do his or her duty at a fire.

(b)   The chief shall also have the right to summon any and all persons present to aid in extinguishing a fire or to aid in removing personal property from any building on fire or in danger thereof and in guarding the same.

(c)   At fires the chief shall have full power, control and command of all persons present and shall direct the use of the fire apparatus and equipment, and command the fire fighters in the discharge of their duties. He or she shall take such measures as he or she shall deem proper and necessary in the preservation and protection of property and extinguishing of fires.

(Code 2021)

The chief of the fire department shall keep in convenient form a complete record of all fires. Such information shall include the time and location, construction of building, owner, occupancy, how extinguished, value of building and contents, loss on building and contents, members responding to the alarm, and any other information deemed advisable.

(Code 2021)

In the absence of the chief, the deputy fire chief shall perform all the duties and have all the authority and responsibility of the chief as conferred by this article.

(Code 2021)

It shall be unlawful for any person or persons to take away or use any fire apparatus or equipment for any private purpose or for any person willfully and without proper authority to remove, take away, keep or conceal any tool, appliance, equipment or other ordinance used in any way by the fire department.

(Code 2021)

(a)   All fire apparatus and equipment is hereby given and granted the exclusive right-of-way over and through all streets, avenues, alleys and public thoroughfares in the city while enroute to fires or in response to any alarm, and it shall be unlawful for any person or persons to in any manner obstruct or hinder the apparatus or equipment.

(b)   All emergency vehicles of the fire department, while proceeding on official business, shall be operated in strict accordance with the requirements of the Kansas Statutes regarding the operation of emergency vehicles, and each departmental member assigned to the operation of emergency vehicles shall familiarize himself or herself with the requirements of the law and govern himself or herself accordingly. Any operator violating the provisions of the state law shall be liable for disciplinary action.

(Code 2021)

It shall be unlawful for any person or persons to drive any vehicle over any fire hose laid on any street, alley or lot. This article shall not apply to any apparatus or vehicle being driven by members of the fire department.

(Code 2021)

It shall be unlawful for any person to place or cause to be placed upon or about any fire hydrant any rubbish, building material, fence or other obstruction of any character, or in any manner obstruct, hinder, or delay the fire department in the performance of its duties in case of fire. Nor shall any person fasten to any fire hydrant any guy rope or brace, nor stand any vehicle within 15 feet of any such hydrant.

(Code 2021)

(a)   The fire chief, or his designee, shall maintain a record of all false alarms that Paola Fire Department has responded to, determine if the alarms are excessive, and notify the responsible alarm company, in addition to the property owner/operator by confirmed delivery mail/email of any false alarm charges.

(b)   The Paola Fire Department has the authority to order a fire watch for a facility experiencing multiple false alarms. Paola Fire Department personnel can place the facility on fire watch to address temporary problems with the alarm system and to reduce the number of false alarms in a short period. "Fire watch" means an approved person or persons provided by the facility assigned to the premise to protect the occupants from fire or similar emergencies. A fire watch may involve at least some special action beyond normal staffing, such as assigning additional staff to walk the premises, who has been specially trained in fire prevention and the use of fire extinguishers, in notifying the County Communications Center, in sounding the fire alarm system located on the premises, and in understanding the particular fire safety situation. The owner is responsible for paying all costs associated with establishing a fire watch.

(c)   A false alarm charge, shall be forwarded via confirmed delivery mail/email to the property owners/operators when Paola Fire Department responds more than three times in any six-month period. Demand for payment within thirty (30) days from the date of the notice shall be included.

(1)   A property must go six-months without a false alarm, after the last recorded false alarm call before the six-month period can end. The charge shall be according to the following criteria:

      $125 will be charged for the fourth false alarm in any six-month period.

      $175 will be charged for the fifth false alarm in any six-month period.

      $225 will be charged for the sixth and each successive false alarm in any six-month period.

(d)   The owner or fire alarm company may file an appeal of a fee with the fire chief by setting forth the reasons for the appeal within fifteen (15) business days after the fire chief provides notification of the fee. Filing an appeal stays the fee until the review of the appeal has been completed. If an appeal is not filed within the fifteen (15) business day period, the action of the fire chief is final. The fire chief may adjust the count of false fire alarms based on:

(1)   Evidence that an act of God caused the alarm;

(2)   Evidence that an action of the telephone company caused the alarm;

(3)   Evidence that the alarm was caused by a power outage lasting longer than twenty-four (24) hours;

(4)   Evidence that the alarm was not a false fire alarm.

(Code 2021; Ord. 3200; Ord. 3207)