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HomeMy WebLinkAboutORD 2014-41 - FD CodeORDINANCE NO. QLO I —O AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS AMENDING CHAPTER 2.28 OF THE CODE OF ORDINANCES RELATING TO THE FIRE DEPARTMENT OF THE CITY OF GEORGETOWN; PROVIDING A SEVERABILITY CLAUSE; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Georgetown desires to update its ordinance relating to the Fire Department to better reflect the current fire administration; and WHEREAS, the City Council further desires to update the provisions related to fire service fees and fire and life safety fees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: Section 1. The meeting at which this ordinance was approved was in all things conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 2. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim Section 3. Chapter 2.28,"Fire Department" is hereby amended as shown on Exhibit A. Section 6. If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Section 7. All ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 8. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This Ordinance shall become accordance with the provisions of the Charter of the City of Georgetown. Ordinance Number: aO I � — � I Page 1 of 2 Description: Fire Department Date Approved: (_p �� , 2014 Im PASSED AND APPROVED on First Reading on the (C) day of 2014. PASSED AND APPROVED on Second Reading on the 2A day of 4- amwmmm Bridge-C-1�prir�n , city�o �y 'SLIC Mapno, '95-'t. ck� Al,firdinance Number: a0A Wescription: Fire Department 1ate ApprovedQ \a 1-3 2014 By: Dale Ross, Mayor Exhibit A CHAPTER 2.28. FIRE DEPARTMENT Sec. 2.28.010. Establishment. A. There shall be maintained a fire department to provide a means for prevention and protection against conflagrations and other emergencies. The City shall provide for the maintenance, support, and regulation of the fire department. B. The city fire department is established. It shall be composed of various member groups, including, but not limited to, paid, support staff, as well as civilian personnel. Sec. 2.28.020. Functions. The fire department shall: A. Protect life and property from fire and hazards by prevention and suppression. B. Provide pre -hospital emergency medical services and preventative care programs. B. Inspect property for fire and safety hazards. C. Enforce the law and ordinances related to fire, medical, rescue, hazardous material, and life safety. D. Respond to and take charge of hazardous material releases. E. Perform confined space rescues, trench rescues, swift water and open water rescues, high angle rescues, and any other rescue situation in order to protect life and property. F. Conduct public fire and life safety education to the community. G. Perform fire plan reviews, inspections and investigations to ensure public safety. I. Aggressively pursue criminal investigations in all cases of arson. J. Maintain all records in an efficient and orderly manner. K. Provide administrative support and records management relating to the foregoing functions. Sec. 2.28.030. Fire Chief. A. The office of the Fire Chief is created. The Fire Chief is to have control of the fire department. The Fire Chief shall be appointed by the City Manager. B. All members of the city fire department, whether paid support staff or civilian, shall be under the command of the Fire Chief and subject to all the provisions of the constitution and laws of the State of Texas, the City Charter and the ordinances of the City, and the provisions of this chapter. C. The Fire Chief, or his/her designee, is given the authority to commission all officers and firefighters and to activate their services when necessary. D. The Fire Chief, or his/her designee, shall develop, maintain, and implement standard operating guidelines, rules, regulations, and/or written department operating policies for the department, a copy of which shall be located at each fire station in the City. E. The Fire Chief, or his/her designee, shall determine the chain of command, and cause such to be recorded in the written department operating policies. F. In case of fire or other emergencies, the Fire Chief, or his/her designee, shall assume control and be in command of the incident. In the absence of the Fire Chief, or his/her designee, the chain of command as established by the written department operating policies shall determine what officer is to assume authority and responsibility. Sec. 2.28.040. Office of Fire Marshal created. The office of fire marshal is hereby created, which office shall be under the supervision and direction of the Fire Chief. Any action or responsibility of the fire marshal may be performed by his or her designee. Sec. 2.28.041. Fire Marshal to investigate all fires. The fire marshal shall investigate the cause, origin, and circumstances of every fire occurring within this city by which property has been destroyed or damaged. The fire marshal shall keep a record of all fires, together with all facts, statistics and circumstances, including the origin and cause of the fires and the amount of the loss, which may be determined by the investigation required by this section. Sec. 2.28.042. Fire Marshal to take testimony and furnish evidence. The fire marshal, when in his opinion further investigation is necessary, shall take or cause to be taken the testimony, on oath, of all persons supposed to be cognizant of any facts or to have means of knowledge in relation to the matter under investigation, and shall cause the same to be reduced to writing; and if he shall be of the opinion that there is evidence sufficient to charge any person with the crime of arson, or of conspiracy to defraud, or criminal conduct in connection with such fire, he shall cause such person to be lawfully arrested and charged with such offense or either of them, and shall furnish to the proper prosecuting attorney all such evidence, together with the names of witnesses and all of the information obtained by him, including a copy of all pertinent and material testimony taken in the case. Sec. 2.28.043. Fire Marshal to summon witnesses. The fire marshal shall have the power to summon witnesses to testify in relation to any matter which is by the provisions of this article a subject of inquiry and investigation, and may require the production of any book, paper, or document deemed pertinent thereto. The fire marshal is hereby authorized and empowered to administer oaths and affirmations to any persons appearing as witnesses before him. Sec. 2.28.044. Unlawful to disobey any lawful order of the Fire Marshal. Any witness who refuses to be sworn, or who refuses to appear or testify, or who disobeys any lawful order of the fire marshal, or who fails or refuses to produce any book, paper, or document touching any matter under examination, or who is guilty of any contemptuous conduct during any of the proceedings of the fire marshal in the matter of said investigation or inquiry, after being summoned to give testimony in relation to any matter under investigation as aforesaid, shall be deemed guilty of a misdemeanor; and it shall be the duty of the fire marshal to cause all such offenders to be prosecuted; provided, however, that any person so convicted shall have the right of appeal. Sec. 2.28.045. Investigations by the Fire Marshal may be confidential. All investigations held by or under the direction of the fire marshal may, in his discretion, be confidential Persons other than those required to be present may be excluded from the place where such investigation is held, and witnesses may be kept separate and apart from each other and not allowed to communicate with each other until they have been examined. Sec. 2.28.046. Fire Marshal may enter buildings where fire has occurred. The fire marshal shall have the authority at all times of day or night, in accordance with all state and federal laws, in the performance of the duties imposed upon him by the provisions of this section, to enter upon and examine any building or premises where any fire has occurred, and other buildings and premises adjoining or near the same Sec. 2.28.047. Fire Marshal to make periodic inspections and reports. The fire marshal shall have the right at all reasonable hours, for the purpose of examination, to enter into and upon all buildings and premises within the city in accordance with all state and federal laws and make or cause to be made an examination of businesses and public buildings, together with the premises belonging thereto Sec. 2.28.050. Reserved. Sec. 2.28.060. Notification required. A. Any person with knowledge shall immediately notify the fire department of any fire, any explosion, or any hazardous material release that is a threat to persons or property, of any persons trapped or endangered that will require rescue measures, and any situation that could result in a fire or explosion that could endanger persons or property. B. Any person with knowledge shall immediately notify the fire department of any fire alarm activation in the response district. Alarms may be silenced after it is determined by the fire department that there is no immediate threat to persons or property. No person other than fire department personnel may reset a fire alarm system after a response to the alarm has been made. Sec. 2.28.070. Authority at fires and other emergencies. A. The Fire Chief or officer in charge at the scene of a fire or other emergency involving the protection of life or property or any part thereof, shall have the authority to direct such operation as necessary to extinguish or control any fire, perform any rescue operation, investigate the existence of any suspected or reported fires, gas leaks or other hazardous conditions or situations or of taking any other action necessary in the reasonable performance of duty. B. In the exercise of such power, the Fire Chief, or his/her designee, is authorized to prohibit any person, vehicle, vessel or thing from approaching the scene and is authorized to remove or cause to be removed or kept away from the scene any vehicle, vessel, or thing which could impede or interfere with the operations of the fire department and, in the judgment of the Fire Chief or his/her designee, any person not actually and usefully employed in the emergency operation or in the preservation of property in the vicinity thereof. C. The Fire Chief, or his/her designee, at the scene of an emergency, is authorized to place ropes, guards, barricades, or other obstructions across any street, alley, place or private property in the vicinity of such operations so as to prevent accidents or interference with the lawful efforts of the fire department to manage and control the situation and handle fire apparatus. Sec. 2.28.080. Interference; misdemeanor offense. A. The operations of the fire department in connection with extinguishing any fire or other emergency shall not be obstructed. B. Lawful commands of the Fire Chief or his/her designee in charge of such a scene, or any part thereof, or any police officer assisting the fire department, shall not be disobeyed. C. Violation of this section shall be a Class B misdemeanor offense punishable under Section 38.15 of the Texas Penal Code, as it may hereafter be amended. Sec. 2.28.090. Fire and rescue calls outside the city. The fire department may respond to fire, medical, rescue, and hazardous materials calls outside the City of Georgetown. The decision on what apparatus, apparatus staffing, and the conditions under which the response is made, is the decision of the Chief of the fire department, or his/her designee. Sec. 2.28.100. Investigations of hazardous materials releases. The Fire Chief or his/her designee is authorized to investigate the cause, origin, and circumstances of unauthorized releases of hazardous materials. Sec. 2.28.110. Non-residential building and construction plans. A. Plans for non-residential construction work for which Fire Department approval is required shall be submitted to Fire Marshal's Office at the time of the permit application and the construction shall be subject to inspection. All development submittals must state, in writing, that all portions of the development/construction will follow the appropriate codes and ordinances of the city. B. Such construction work shall remain accessible and exposed for inspection purposes until approval by Fire Marshal's Office. It shall be the duty of the permit applicant or the contractor or both to cause the work to remain accessible and exposed for inspection purposes. Neither an employee nor the City shall be liable for expense entailed in the removal or replacement of any material required to allow inspection or for the correction of deficiencies discovered during the inspection. C. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or other ordinances of the jurisdiction. Inspections presuming to give authority to violate or change the provisions of the adopted Fire Code or of other ordinances of the jurisdiction shall not be valid. D. There shall be no occupancy of any structure until the Fire Marshal's Office has authorized the issuance of a certificate of occupancy. E. Any deviation from or noncompliance with any Code requirements, whether or not it is noted in the review plans, the permitting process, or certificate of occupancy issuance, must be brought into compliance. Sec. 2.28.120. Non-residential building remodels. A. The Fire Marshal's Office shall review and approve non-residential building remodel plans that involve a change or modification of exit ways, change in occupancy classification, modifications that affect fire walls, the expanded use, sale, or storage of hazardous materials. All development submittals should state, in writing, that all portions of the development/construction will follow the appropriate Codes and Ordinances of the City. B. An inspection shall be performed at the completion of the remodel work. C. Inspections verifying that the work has been satisfactorily performed shall be completed before a certificate of occupancy is issued or there is any occupancy of the remodeled work area. D. Any deviation from or noncompliance with any code requirements, whether or not it is noted in the review plans, the permitting process, or certificate of occupancy issuance, must be brought into compliance. Sec. 2.28.130. Non-residential fire sprinkler system installations and modifications. A. No non-residential fire sprinkler system installations or modifications shall take place without the notification and approval of the Fire Marshal or his/her designee. Fire sprinkler plans are required before approvals will be granted. B. Connection to public water mains shall meet or exceed the requirements set forth in NFPA standards 13, 13R and 13D. All installation submittals should state, in writing, that the installation will follow the appropriate Codes and Ordinances required by the City. C. Any deviation from or noncompliance with any code requirements, whether or not it is noted in the review plans, the permitting process, or certificate of occupancy issuance, must be brought into compliance. Sec. 2.28.140. Fire Department Operation Service Fees. The Fire Chief shall present recommended Fire Department Operations Service Fees, and policies and regulations governing the collection of those fees to the City Council for approval. The Fire Chief shall provide the City Council with recommended changes to the fee schedule and policies and regulations on an as needed basis. Sec. 2.28.150. Fire & Life Safety Service Fees. The Fire Chief shall present recommended Fire & Life Safety Service Fees, and policies and regulations governing the collection of those fees to the City Council for approval. The Fire Chief shall provide the City Council with recommended changes to the fee schedule and policies and regulations on an as needed basis. Sec. 2.28.160. Special Events Fees. Special events sponsors shall be charged for any and all services required by the fire department, as determined by the fire department in its sole discretion, working in conjunction with the City's special events personnel, including, but not limited to standby fire apparatus and its personnel, and/or fire/medical crews and vehicles. Such special events fees shall be due and payable with the special events permit application, and shall be in addition to any fees incurred for other fire department services rendered. Sec. 2.28.170. Fines for negligent or irresponsible actions. A. A fine shall be charged for negligent, irresponsible, or otherwise unacceptable and malicious acts. B. The fire department may file charges in Municipal Court by the city fire department, and a fine may be accessed. Any such fine shall be in addition to any fees charged. C. Fines for such acts shall be assessed as follows: 1. False alarms (each incident, after three alarms in a calendar year from a single component of an automatic fire alarm or fire sprinkler system.)—$150.00 minimum. This includes mischievous actions of small children and the unknowing actions of special needs adults. 2. False alarms. (each incident, for a deliberate and/or malicious act of a telephone message or the activation of a manual alarm)—$200.00 minimum, plus Municipal Court costs, if any. 3. Misadventure and/or deliberate risk taking. (each incident)—$200.00 minimum, plus Municipal Court costs, if any. 4. Failure to respond to lawful warning or order. (each occurrence)—$200.00 minimum plus Municipal Court costs, if any. 5. Injury to fire personnel due to deliberate act. (each injury)— Any and All medical costs incurred by the employee, rehabilitation costs, loss of income, and any further compensation that may be necessary. 6. Damage to fire apparatus, equipment or property due to a deliberate act. (each item)—the replacement cost of the individual item. 7. Failure to notify the fire department of an alarm activation. (each)—$150.00 minimum. Sec. 2.28.180. Fee Collection. A. Fire Department is authorized to collect fees for services provided inside the city limits as well as those provided outside the city limits pursuant to all applicable rules, regulations, and state law. B. Fees that are the result of any actions listed in section 2.28.140, 2.28.150, 2.28.160 and 2.28.170 are the responsibility of the property owner or occupant and are due and payable immediately upon receipt of an invoice from the fire department or its authorized agent. C. Fire Department is authorized to obtain the requisite incident information to collect fees through internal and/or contractual services. D. Fire Department shall coordinate with development services for applicable fee collection along with utilizing fire records management for the collection of any additional fees not collected by development services. Sec. 2.28.190. Exemptions from fees. A. Calls for service at residential structure fires shall not be subject to any fees unless it is determined to be for cause, as is identified in Section 2.28.170 . Sec. 2.28.200. Utilization of Revenues. A. Fire Department Operation service fees collected shall be located in a special revenue account and reserved for the purpose of funding equipment and special needs. B. Fire & Life Safety service fees collected shall be located in a special revenue account and reserved for the purpose of funding prevention needs and education.