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HomeMy WebLinkAboutORD 1956-170COU}dTY OF HAWAII - TERRITORY OF 11A1'JAII ORDINANCE N0, ~ U TO PROVIDE FOR THE CREATION OF A DEPARTMENT IN AND FOR THE COUNTY OF HAWAII, TO BE KNUWN AS THE HA6VAII VOLUNTEER FIRE DEPARTMENT, FOR CONrPENSATION, AND FOR BENEFITS FOR INJURIES AND DEATH ARISING OUT OF VOLUNTEER FIRE FIGHTING ACTIVITIES. BE IT ORDAINED BY TILE BOARD OF SUPERVISORS OF THE COU}~TY OF HAVdAII, Section 1. Creation of Organization, There is hereby created and established for and within the County of Hativaii. a department to be known as the Hawaii Volunteer Fire Department to train volunteers in the prevention of fires and to aid in the control of fires. The department shall have its principal office in the City of Hilo at a place designated by the Board of Supervisors. Section 2, Chief, There shall be a Chief of the Department who shall be appointed by the Chairman and Executive Officer, with the approval of the Board of Supervisors, who shall hold office for two years and until his successor is appointed, beginning at noon on January 2nd of each odd year, except that where the appointment is made in an even-numbered year, his term of office shall terminate at noon on January 2nd of the odd year next follow- ing his appointment or until his successor is appointed, He shall receive such monthly salary as he may be entitled to under the provisions of the classification laws of the Territory of }iawaii, The Chief shall be vested with the management and control of the affairs, personnel and property of the department, subject to the general authority and control of the Board of Supervisors. He shall, with the consent and approval of the Board of Supervisors make expen- ditures of moneys appropriated by the Board for the Department. He shall not contract any debt on behalf of the department, nor dispose of any property belonging to the same without the consent of the Board. He shall make periodic reports to the Board concerning the affairs and activities of the department. In addition thereto, he shall perform and discharge such other duties as may be assigned to him by this ordinance or by the Board of Supervisors. Section 3. Other Personnel. The Board of Supervisors may provide for the appointment of such other personnel as it may deem necessary to carry out the intents and purposes of this ordinance, and all such appointees shall be paid such monthl}1 salaries as may be fixed in accordance with the provisions of the Classification laws. 5ecti~n 4, Volunteer Personnel. The table of organiza- tion of the Department shall be patterned as closely as is practicable to that of the Hawaii Fire Department. ~,'' .{ ' ....-. Lu~~....... F ~ 4.-.1.....1956 -- FEQ 2 0 1956 The Chief shall appoint, with the approval of the Board of Supervisors, such volunteer personnel as he may deem necessary to fill the membership of the Department. The qualifications for membership shall be as prescribed by the rules and regulations governing the conduct of t}ie Department These rules and regulations shall be formulated by the Chief and shall be presented to the Board of Supervisors for its approval. Section 5. Travel allowances for volunteer personnel. All volunteer personnel residing in a district other than the district where afire occurs and who are duly authorized to participate and aid in the control of said fire or fires shall be paid traveling expenses at the rate of twenty cents for each mile actually and necessarily travelled, i.n going only. Section 6. Coordination of Activities. In the event of a fire occurring at any place within the County of Hawaii, the Chief of the Department shall immediately place himself and the personnel of his department under the direction and control of the Chief Engineer and First Assistant Engineer of the Hawaii Fire Department, provided, however, that in the absence or disability of both the said Chief Engineer and First Assistant Engineer, the Chief of the Department is hereby empowered to, and shall, assume command of such County of Hawaii fire fighting personnel and facilities as may be necessary to bring such fire under control, and shall perform such other duties of the said Chief Engineer and First Assistant Engineer as may be necessary to provide for the maximurn safety of the inhabitants of the area threatened by such conflagration. The Chief Engineer and the First rssistant Engineer shall in the event of fire occurring, utilize the services of the Chief and the personnel of his Department to the fullest extent to aid in bringing such fire under control. Section 7. Cooperative use of fire fighting apparatus and facilities. The Chief Engineer of the Hawaii Fire Department shall make available to the Chief of the Hawaii Volunteer Fire Department such fire fighting apparatus and facilities as may be necessary to carry out the purposes of this ordinance, provided, however, that the Chief Engineer shall first satisfy himself that the efficiency of his Department. shall r.ot be seriously impaired thereby. Section 8. Benefits. All persons who are members of the Hawaii. Volunteer Fire Department while engaged i.n the training of and in the performance of volunteer fire fighting shall be entitled to benefits as provided by this ordinance. Section 9. Extent of Coverage. In case of injury or death arising out of and in the performance of volunteer fire fighting or training, all persons included in Section S of this ordinance shall be entitled to benefits as prescribed by Chapter 77, Revised Laws of }iawaii 1945, as amended. No person shall be excluded from receiving such benefits by reason of being an elected official, employer, or having an occupation which is excluded from coverage under said Chapter 77, Revised Laws of Hawaii. 1945. Section 10. Computation of :Nages. For the purposes of such benefits, average weekly wages or earnings shall be computed from the usual employment or occupation of such person upon the basis set forth in Chapter 77, Revised Laws of Hawaii 1945, Sec. 4419, or upon the basis of earnings at the rate of $20.00 per week whichever is most favorable to the claimant or claimants. Section 11. Other Volunteers. All other persons not members of the Hawaii Volunteer Fire Department who volunteer their services at fires and whose services are accepted by authorized persons and whose injuries or death arise out of and in the performance of volunteer fire fighting shall be paid their reasonable hospital and medical expenses as authorized by Chapter 77, Revised Laws of Hawaii 1945, Sec. 4467.01, and funeral expenses not to exceed $300.00. Authorized persons as used in this section shall mean such persons in the Hawaii Fire Department or Hawaii Volunteer Fire Department who are supervising or directing the fire fighting operations. Section 12. Validity. If any section, sentence, clause or phrase of this ordinance, or the application thereof to any person or circumstance is for any reason held to be unconstitutional or invalid, the remaining portions thereof or of the portion concerned to any other persons or circumstances shall not be affected. Section 13. Repeal. Ordinance Pdo. 142 of the County of Hawaii and all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 14, This ordinance shall take effect upon its approval. y Dated at Ffilo, Hawaii, this ~ day of 7 1956. Introduced by: Supervisor, Repre~$litative District.