HomeMy WebLinkAboutBIL 112 Draft 03 2000-2002
COUI®T'I'Y O~ I~AVVAI`I ST~~~~ OF IIA~~I`I
SILL 1®T®. 112
(Draft 3)
OItDI101A19TCE laTO.
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 5, OF THE HAWAII COUNTY
CODE 1983 (1995 EDITION), RELATING TO ADMINISTRATION 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; qualif cations.
The fire chief shall be appointed by the [mayor and may be removed by the
mayor.] fire commission and may be removed by the fire commission at its sole discretion. Any
motion for removal of the fire chief must contain a statement of reasons, and the_fire chief must
be allowed to respond to the statement of reasons before being removed. The fire chief shall
have had a minimum of five years of training and experience in [a fire department,] fire control,
including at least three years [of which shall have been] of experience in a responsible
administrative capacity.
[Section 2-14. Appointment of deputy and personnel.
The fire chief shall, with 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] 14. [Duties.] Powers, duties and functions.
(a) The fire chief [and his staff) shall:
[(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 of fire-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;
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(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 may be necessary to performing its mission.]
Perform firefighting and emergency services in order to save lives
and~ropert~om fires and from emergencies arising on land, or
the sea and hazardous terrain.
Train equip maintain and supervise a force of firefi ting and emergency
services e~rsonnel.
Monitor the construction and occupane~tandards of buildin sg for the
purposes of fire prevention and life safety.
Provide educational programs related to fire prevention
and life safety.
Appoint the deputy fire chief and the private secretaries to the
fire chief and the deputy fire chief.
Appoint members of the department under established personnel rules and
regulations, and statutes.
Have such other powers duties and functions as maybe required by
ordinance.
SECTIO1~12. 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:
Secta®n .Fare Commassa®n.
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 engage such consultants as necessary for the performance of its duties. The
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members shall be appointed by the mayor and confirmed by the council in the manner
prescribed in Section 13-4 of the Hawaii County Charter 2000.
Sectioa~ P®vvers~ 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.
(2) Review the annual budget prepared by the fire chief and make
recommendations thereon to the mayor, the managing_director and the
council.
Review the department's operations, as deemed necessary, for the
purposes of recommending improvements to the fire chief.
Evaluate at least annualy the performance of the fire chief and submit a
report to the mayor, the mana~in~director and the council.
Review personnel actions within the department for conformance with the
policies under section 6-4.2 of the Hawaii County Charter.
Hear complaints of citizens concerning,the dement or its personnel
and if necessary make recommendations to the fire chief on appro rp iate
corrective actions.
Submit an annual report to the mayor managing director and the council
on its activities.
Except for purposes of in~uirYor as otherwise provided in the Hawaii County Charter,
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.
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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.
SECTIONS. This ordinance shall take effect upon its approval.
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COUNCIL1VIElVI~ IZ, COU TY OF CIA `I
Ililo, Ilas~vai`i
Date of Introduction:
Date of 1st Leading:
Date of 2nd heading:
Effective Date:
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