HomeMy WebLinkAboutORD 2001-109 2000-2002
COUNTY I-IA~V~I`I STATE Off` I]IAWAI`I
SILL NO. 112
(Draft 3)
OI~~INANCE NO.
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; appointYnent; gtaalifications.
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;
1
(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 frefi hting and emergency services in order to save lives
and property from fires and from emergencies arising on land or
the sea and hazardous terrain.
Train, equip, maintain and supervise a force of firefi~htin~ and emergency
services personnel.
Monitor t'ne construction and occupancy standards of buildings 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
re ulations, and statutes.
Have such other powers, duties and functions as may be required by
ordinance.
SECT;E®N 2e 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 Conienission.
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
2
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.
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.
(2) Review the annual budget prepared by the fire chief and make
recommendations thereon to the mayor, the mana ing 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 annually the performance of the fire chief and submit a
report to the mayor, the managing 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 concernin tg_he department or its personnel
and, if necessary, make recommendations to the fire chief on appropriate
corrective actions.
Submit an .annual report to the mayor, many ing director and the council
on its acti~~ities.
Except for purposes of inquiry or 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 raterial is underscored. In
printing this ordinance, the brackets, bracketed material and underscoring need not be
included.
3
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.
I~ODUCF. BY: ~ t ~
COUNCILMEM~ R, COU TY OF IIA `I
Hilo, Haewai`i
I)ateofIntrodzaction: October 24, 2001
IDateoflstheading: October 24, 2001
Date of 2nd heading: November 7 , 2001
EffectiveIDate: November 16, 2001
k~r~lzF:l~~ff~:r ::~rs~.~...._.3.61.~.~_e_._~
4
OFFICE OF THE COUNTY CLERK
County of Hawaii
xilo ,Hawaii
(DRAFT 3) .
ROLL CAL V ~
Introduced By: Leningrad Elarionoff AYES S EX
Date Introduced: October 24, 2001 Arakaki X ~ _
First Reading: October 24, 2001 Chung X ~C.,l t t`~' '
Published: Elarionoff X
Jacobson X
REMARKS: Leithead-Todd X
Pisicchio X
Safarik X
Tyler X
Yagong X
9 0 0 0
Second Reading: November 7 , 2 0 01 ROLL CALL VOTE
To Mayor: November 9 , 2001 AYES NOES ABS EX
Returned: November 16, 2001 Arakaki X
Effective: November 16, 2001 Chung X
Published: November 25, 2001 Elarionoff X
Jacobson X
REM,9 RK.S: Leithead-Todd X
Pisicchio X
Safarik X
Tyler X
Yagong X
9 0 0 0
1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
_ ~
indicated above.
''7.
it :
~ ~ ;
APPROVED AS TO i,~!~~~~~/",C ;
FORM AND LEGALITY: ~ \
~'OlJ1VCIL CHAIRMAN
s~ ~ ~ ; ~~t
~,t, e
DEPUTY CORPORATION COUNSEL °
COUNTY OF HAWAII
g COUNTY CLERK
Date ~ 1 g ' ; ~ i
~ ~ 112 (Draft 3)
Bill No.:
~ C-361.2/PwIRC-30
Reference:
ppro~• d~Disapproved thrs i ~ day
Ord No.:
o ~ ~DUPM~?~( , 20 0(
MAYO OUt/NTFOFHAWAII