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HomeMy WebLinkAboutBIL 112 Draft 01 2000-2002 COUIOTTY OF II~VV~~I`I STATE OF ~I~W~I`I SILL 1010. 1 ~ 2 OI~DINA101CE NO. AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 5, OF THE HAWAII COUNTY CODE 1983 (1995 EDITION), RELATING TO ADMIl~IISTRATION BY DESCRIBING THE APPOINTMENT QUALIFICATIONS AND DUTIES OF THE FIRE CHIEF, AND ADDING A SECTION RELATING TO THE FIRE COMMISSION. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 2 article 5, of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: Article 5. Fire Department. Section 2-13. Fire chief; appointment; qualifications. The fire chief shall be appointed by the [mayor and may be removed by the mayor.] fire commission and maybe removed by the fire commission at its sole discretion Any motion for removal of the fire chief must contain a statement of reasons before being_removed. He shall have a minimum of five years of training and experience in [afire department,] fire control, including at least three years [of which shall have been] experience in a responsible administrative capacity. Section 2-14. Appointment of [deputy and] personnel. The fire chief shall with the approval of the mayor, appoint his deputy, and shall further] appoint [all other] members of his department under established personnel rules and regulations, and statutes. Section 2-15. [Duties.] Powers, duties and functions. (a) The fire chief [and his staff) shall: -1- [(1) Be charged with the prevention of fires and the protection of life and property from fires, natural disasters, and other emergencies; (2) Perform such rescue work as may from time to time be necessary; (3) Train, equip, maintain, and supervise a force offire-fighting and rescue personnel; (4) Examine and monitor the construction and occupancy standards of buildings for the purpose of fire prevention pursuant to section 132-10, Hawaii Revised Statutes; (5) Provide and maintain a fire prevention program including the inspection of potential fire hazards, the abatement of existing fire hazards, and the conducting of educational programs related to fire prevention; (6) Properly maintain and account for all property and equipment used by the department; (7) Cooperate fully with all other governmental agencies in any matters related to its mission; (8) Grant, withhold, suspend, or revoke certificates of fitness related to portable fire extinguishers; and (9) Perform such other duties as maybe necessary to performing its mission.] ~1,~ Perform firefig_htingeand emergency services in order to save lives and nro e~rty from fires and from emergencies arisin~on land, on the sea and hazardous terrain. Train, equip, maintain and supervise a force of firefighting and emer~enc~services personnel. Monitor the construction and occupanc r~standards of buildi~s for the purposes of fire prevention and life safety. Provide educational programs related to fire prevention and life safety. -2- Appoint the dept fire chief and the private secretaries to the fire chief and the deputesfire chief. Have such other powers, duties and functions as maybe reduired b~ ordinance. SECTION 2. Chapter 2, article 5, of the Hawaii County Code 1983 (1995 edition) is amended by adding the following, to be appropriately numbered and to read as follows: Section .Fire Commission. There shall be a fire commission which shall consist of nine members. One member shall be a resident of each council district. The commission may appoint such staff and en~a~e such consultants as necessary for the performance of its duties The members shall be appointed by the mavor and confirmed by the council in the manner prescribed in Section 13-4 of the Hawaii County Charter 2000. Section .Powers, duties and functions. ~ The fire commission shall: Adopt rules necessary for the conduct of its business and review rules for the administration of the department. Review the annual budget prepared by the fire chief and make recommendations thereon to the mayor, the managin director and the council. Review the department's operations as deemed necessary for the purposes of recommendin im rovements to the fire chief. Evaluate at least annually the performance of the fire chief and submit a report to the mavor the mana_gingLdirector and the council. -3- Review personnel actions within the department for conformance with the policies under section 6-4.2 of the Hawaii County Charter 2000. Hear complaints of citizens concerning the department or its personnel and, if necessa~1 make recommendations to the fire chief on at~propriate corrective actions. Submit an annual report to the mad or, managing_director and the council on its activities. Except for purposes of inquiry or as otherwise provided in the Hawaii County Charter 2000, neither the commission nor its members shall interfere in any way with the administrative affairs of the department. SECTION 3. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 4. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED EY: CO CIL N1~BER, OUNTY O WAI`I Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -4-