Topsail Beach |
Code of Ordinances |
Chapter 12. FIRE PREVENTION AND PROTECTION |
Article II. FIRE DEPARTMENT |
§ 12-36. Membership; qualifications and requirements.
(a)
The fire department shall consist of volunteer members and paid members. Such members shall be entitled to compensation for their services, as set forth in this chapter.
(b)
Before becoming members of the fire department, applicants must satisfy the following requirements:
(1)
First, the applicant must attend at least three consecutive fire department meetings, unless this conflicts with their work schedule.
(2)
Second, the department, through the fire chief, makes a recommendation to the town manager on whether or not to approve the applicant for membership in the fire department. The fire department will take a vote of its membership as a means of arriving at a recommendation to forward to the town manager.
(3)
Third, the applicant shall have a valid driver's license with the proper classification and endorsements required for the operation of the fire apparatus.
(4)
Fourth, the applicant must pass a physical examination and a substance use/drug test.
(5)
Fifth, all applicants shall be subject to a background check. Any applicant who has been convicted of a felony is ineligible to be a member of the fire department.
(6)
Sixth, all applicants for membership after December 13, 2000, shall either:
a.
Live within a 15-mile driving distance of the town limits; or
b.
Perform a majority of their work within the town limits or a 15-mile driving distance of the town limits.
(7)
Seventh, all new members of the fire department shall serve a six-month probationary period. A probationary member of the fire department may be dismissed during the probationary period for any reason whatsoever.
(c)
All members and probationary members shall be subject to the following requirements:
(1)
All members (the reference to "members" shall include members and probationary members) are expected to attend all meetings and to participate in all fire department related activities. Any member shall automatically be dropped from the roster of the fire department:
a.
If they do not participate in at least 50 hours of fire department related training, meetings, responding to calls and/or emergencies in the capacity as a firefighter, and other related work during each fiscal year (this requirement is waived for a new firefighter who starts service with the department more than two months into the fiscal year);
b.
If a member misses three consecutive regularly scheduled meetings, unless due to a conflict with their work schedule; or
c.
If a member does not respond to or attend at least 25 percent of all emergencies per year, unless excused by a majority of the department officers.
(2)
A member dropped from the fire department roster forfeits all rights, privileges, and benefits provided by the fire department and the town; and upon notification will turn in all property belonging to the town to the fire chief or his designee.
(3)
A leave of absence allows a firefighter to miss more than three consecutive meetings and not forfeit membership of the fire department. A leave of absence does not exempt a firefighter from meeting the minimum 36-hour training requirement for the fiscal year or the 25 percent annual participation requirement specified in subsection (c)(1)c of this section. Any firefighter who applies for more than one leave of absence annually may be dismissed from membership with the town fire department due to the member's unavailability or absence. Hardship exceptions as defined by the town policies may be granted by the fire chief and approved by the town manager.
(4)
If any member of the department moves outside of a 15-mile driving distance of the town limits or ceases performing a majority of their work within the town limits or within a 15-mile driving distance of the town limits, such member shall be automatically dropped from the fire department roster if at the time of such move, the member is not meeting all other applicable requirements of this section.
(5)
If a member of the department loses his driver's license or is convicted of a felony, such member shall be automatically dropped from the fire department roster.
(6)
All members are required to abide by the town's drug and substance abuse free work place policy. Any firefighter who refuses or fails any requirements of the town's drug and substance abuse free work place policy will be dismissed from the town fire department by the town manager.
(d)
The fire chief shall be responsible for establishing ranks within the fire department. The chief shall do so in accordance with existing town ordinances, policies and other applicable federal or state laws and regulations. All members of the fire department shall be eligible to hold rank.
(Code 1990, § 6-27; Ord. No. 94-005, § 1, 12-14-1994; Ord. of 10-11-1995, § 1; Ord. No. 00-009, §§ 3—5, 12-13-2000; Ord. No. 07-01, § 1, 2-14-2007; Ord. of 7-18-2013(1), Ord. of 8-12-2015(1))