Sec. 16-1. - Fire department generally.

(a)

There is hereby established a fire department, which shall consist of the fire chief, to be appointed by the city manager, and such other officers and employees organized into such bureaus, divisions and other units as may be provided by ordinance or by orders of the fire chief consistent therewith.

(b)

The fire chief shall be the head of the fire department and shall, under the supervision of the city manager, have general management and control of the several bureaus, divisions and other units of the department. The city manager shall, through the fire chief, promulgate all orders, rules and regulations for the government of the fire department.

(c)

In case of the disability of the fire chief to perform his duties, by reason of sickness, absence from the city or other cause, the city manager shall designate one (1) of the officers of the fire department to act as fire chief.

(d)

The officers and members of the fire department shall be responsible to protect life and property from fire or other emergencies and it shall be their duty to use their best endeavors to prevent fire by enforcement of the fire prevention code and other city ordinances pertaining to open burning, fireworks, obstructing fire hydrants and fire lanes and similar ordinances.

(e)

No member of the fire department shall receive any fee or other compensation for any services rendered in the performance of duties, other then the salary paid by the city.

(Ord. No. 6745-10, § 1)

Editor's note—

Ord. No. 6745-10 shall be in effect on and after January 1, 2011.

Charter reference— Authority of council to create departments, § 4.02(B).

Cross reference— Membership of firefighters in employees' retirement fund, § 31-30.

Sec. 16-2. - Physical examination of firefighters.

Every firefighter shall, prior to entering employment with the fire department, undergo a physical examination in accordance with city policy.

(Ord. No. 1788; Code 1961, § 2-87; Ord. No. 6745-10, § 1)

Editor's note—

Ord. No. 6745-10 shall be in effect on and after January 1, 2011.

Sec. 16-3. - Authority of chief or other officer in charge when answering alarm or operating at an emergency incident; penalty for refusal to obey orders.

While any unit of the fire department is in the process of answering an alarm or operating at an emergency incident where there is imminent danger or the actual occurrence of fire or explosion or the uncontrolled release of hazardous materials which threaten life or property and returning to the station, the chief or other officer in charge at that time shall have the authority to:

(1)

Maintain order at such emergency incident or its vicinity;

(2)

Direct the actions of the firefighters at the incident;

(3)

Notwithstanding the provision of Section 46.2-890, Code of Virginia, 1950, as amended, keep bystanders or other persons at a safe distance from the incident and emergency equipment;

(4)

Facilitate the speedy movement and operation of emergency equipment and firefighters;

(5)

Cause an investigation to be made into the origin and cause of the incident; and

(6)

Until the arrival of a police officer, direct and control traffic in person or by deputy and facilitate the movement of traffic.

The fire chief or other officer in charge shall display his firefighter's badge, or other proper means of identification. Notwithstanding any other provision of law, this authority shall extend to the activation of traffic-control signals designed to facilitate the safe egress and ingress of emergency equipment at a fire station. Any person or persons refusing to obey the orders of the fire chief, or his deputies or other officer in charge at that time shall be guilty of a Class 4 misdemeanor. The chief or other officer in charge shall have the power to make arrests for violations of the provisions of this section. The authority granted under the provisions of this section may not be exercised to inhibit or obstruct members of law enforcement agencies or rescue squads from performing their normal duties when operating at such emergency incident, nor to conflict with or diminish the lawful authority, duties and responsibilities of forest wardens, including, but not limited to, the provisions of Chapter II, Article 2, (Section 10.1-1104, et seq.) of Title 10.1, Code of Virginia, 1950, as amended. Personnel from the news media, such as the press, radio and television, when gathering the news, may enter at their own risk into the incident area only when the officer in charge has deemed the area safe and only into those areas of the incident that do not, in the opinion of the officer in charge, interfere with the fire department or rescue workers dealing with such emergencies, in which case the chief or other officer in charge may order such person from the scene of the emergency incident.

(Ord. No. 173, § 14; Code 1961, § 25-30; Ord. No. 4053-90, § 1)

Sec. 16-4. - Reserved.

Editor's note—

Ord. No. 6385-07, § 2, repealed § 16-4, which pertained to emergency medical service charge and collection fee. See also the Code Comparative Table.

Sec. 16-5. - Designation of fire lanes.

The fire chief shall designate fire lanes for all parking lots and parking garages which are open to the public and which are designed to accommodate fifty (50), or more, vehicles. All fire lanes shall conform to the statewide fire prevention code. In designating fire lanes, the fire chief shall take into consideration the necessity for the efficient and effective use of fire apparatus, the nature and location of the property and structures to be protected, and the location of fire hydrants and other sources of water. The designated fire lanes shall be indicated by signs and by markings on the pavement or curb so as to clearly delineate them.

(Ord. No. 4133-90)

Sec. 16-6. - Fire protection service fee.

There is hereby imposed on all property located within the City of Newport News a fire protection service fee which shall be based upon the size of each water meter serving the property in accordance with the following schedule:

The fee imposed hereby shall be added to the service fee set forth in section 42-33 of this Code, but may be charged with the service fee as a single amount.

(Ord. No. 4211-91, § 1; Ord. No. 6234-06; Ord. No. 6586-09, § 1)

Note—Ord. No. 6586-09, § 2, provides for an effective date of July 1, 2009.

Secs. 16-7—16-13. - Reserved.