Fire Department Ordinance

ARTICLE 1

TITLE, PURPOSE, AUTHORITY, DEFINITIONS

SECTION 101. TITLE

This ordinance shall be know as the Town of Sebago Fire Department Ordinance.

SECTION 102. PURPOSE

The purpose of this ordinance is to establish in the manner provided by law a municipal fire department, and to define the powers and duties of the chiefs of this department.  The further purpose of this ordinance is to provide the maximum legal protection available to the department chiefs and municipal fire fighters, and to best protect the health, safety, and welfare of the residents of Sebago.

SECTION 103 AUTHORITY

This ordinance is enacted pursuant to M.R.S.A. 30-A. § 2001 et seq., §3001 et seq., and  §3151 et seq.

SECTION 104  DEFINATIONS

104.1   MUNICIPAL FIRE DEPARTMENT-A municipal fire department means an organized fire fighting unit established pursuant to this ordinance.

104.2 MUNICIPAL FIRE FIGHTERS-A municipal fire fighter shall mean an active member, whether a full time, part time, or on call, of a municipal fire department, who aids in the extinguishment of fires or an individual who receives compensation from the municipality for aiding in the extinguishment of fires and is at least 18 years of age.

ARTICLE II

MUNICIPAL FIRE DEPARTMENT

SECTION 201  ESTABLISHMENT

There shall be a Municipal Fire Department which is hereby established by this ordinance.

SECTION 202  DUTIES

The Municipal Fire Department shall provide firefighting protection within the Town of Sebago and elsewhere as provided by mutual aid or other contractual agreement approved by the Municipal Officers.

SECTION 203  FIRE CHIEF

203.1   APPOINTMENT

The head of the Municipal Fire Department shall be the Fire Chief, who shall be appointed by the Selectmen.

203.2   TERMS, COMPENSATION

The Fire Chief shall be appointed by the Municipal Officers for a term of 1 year.  The compensation of the Fire Chief shall be established by the Municipal Legislative Body.

203.3   POWERS AND DUTIES

(a)      The Fire Chief shall have the powers and duties  

      established by M.R.S.A. 30-A § 3153 as amended, except that             

      administrative rules and regulations promulgated by the Fire            

      Chief shall not be effective until approved by the Selectmen.

(b)      The Fire Chief shall submit a written monthly report on the

 Activities of the department and shall discharge such other     

 duties as may be required by the Selectmen.

203.4   POWERS AND DUTIES

 Municipal firefighters shall have the powers and duties set forth in   

  M.R.S.A. 30-A § 3151 et. Seq. and set forth in any rules and    

  regulations adopted pursuant to Section 203.3 (a) above.

203.5           DEPUTY FIRE CHIEF

 A Deputy Fire Chief may be appointed by the Selectmen to act with   

  full authority of the Fire Chief in the absence of the Fire Chief in any   

  emergency or activity of the Municipal Fire Department.

203.6       OTHER OFFICERS

 The Fire Chief may appoint with the Selectmen’s approval, other   

  officers necessary or required by the Standard Operating Procedures       

  of the Municipal Fire Department

203.7      PRIVILEGES, IMMUNITIES

Members of the Municipal Fire Department shall enjoy the privileges and immunities provided by the Maine Tort Claims Act when acting their capacity as firefighters.

ARTICLE III

SEVERABILITY, EFFECTIVE DATE

SECTION 301  SEVERABILITY

The invalidity of any portion of this ordinance shall not invalidate any other part thereof.

SECTION 302  EFFECTIVE DATE

This ordinance shall be effective on its adoption at Town Meeting.  (June 7, 1997)