HomeMy WebLinkAboutORD 900144 - Fire Protect, Prevent, etcORDINANCE N0, 900144
AN ORDINANCE AMENDING CHAPTER 11 "FIRE
PROTECTION AND PREVENTION", ARTICLE I. "IN
GENERAL", ARTICLE II. "FIRE DEPARTMENT" AND
ADDING SUBSECTION (c) OF SECTION 11-52 OF
ARTICLE III. OF THE CITY OF GEORGETOWN CODE OF
ORDINANCES TO PROVIDE FOR ADDITIONS AND
DELETIONS, AND AMENDMENTS THERETO FOR PURPOSES
OF CONFORMITY TO STATE LAW, EFFICIENCY IN
MANAGEMENT AND OPERATIONS, AND COMPLIANCE WITH
CURRENT PRACTICES OF THE CITY; PROVIDING FOR
A SEVERABILITY CLAUSE; AND SETTING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Georgetown, Texas,
has previously recognized that many provisions of the City Code are
out-of-date, no longer appropriate for the current needs of the
City, and, in certain circumstance, not in conformance with
applicable law;
WHEREAS, in light of this recognition, the City Council
approved the process of recodification of the entire City Code,
including addressing the obsolete provisions;
WHEREAS, as a part of this review and process, the following
items contained in the Ordinance have been identified as those that
need to be modified, added, or deleted as provided hereafter,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, THAT:
SECTION I.
The
Council adopts the
recitals
set
forth above as true
and correct
and
are adopted herein
verbatim
as
if fully set forth
at length.
SECTION II.
The current Articles I. and II. of Chapter 11 "Fire Protection and
Prevention" of the Georgetown Code of Ordinances are repealed in
their entirety and are replaced with the new Articles I. and II.,
as shown on attached Exhibit "A".
SECTION III.
Section 11-52 of Article III. "Fireworks", is hereby amended by
adding subsection (c) as follows®
" (c) The 5, 000 foot limitation will be determined by reference
to the most recent city map evidencing this boundary limitation.
In the event of dispute, the City will accept a professionally
sealed ground survey map as evidence of the 5,000 foot limitation.
The costs of such survey will be paid by the person alleging the
dispute and not by the city."
SECTION IV.
All Ordinances, parts
of Ordinances,
or Resolutions
in conflict
herewith are expressly
repealed to the
extent of such
conflict.
SECTION V.
If any article, provision, paragraph or part of a paragraph of this
Ordinance is held to be invalid or unconstitutional by a court of
competent jurisdiction, the same shall not invalidate or impair the
validity, force or effect of any other article, paragraph or part
of a paragraph of the remainder of this Ordinance.
This Ordinance shall become effective upon Second Reading and Final
Passage thereof.
READ, PASSED AND APPROVED on First Reading thisc 0A. day of
1990.
READ, PASSED AND
day of
Tim Kennedy, Mayor
ATTEST.
City Secretary
APPROVED:
APPROVED on Second and
Diane Callander, City Attorney
, 1990.
final Reading this
Section 11-1. Establishment of the Georgetown Fire Department.
There shall be maintained a Fire Department to provide a means for
protection against conflagrations and other emergency services and
the City of Georgetown shall provide the maintenance, support and
regulation of a said fire department.
A firefighters force to be known as the Georgetown Fire Department
is hereby established. It shall be composed of both paid and
volunteer force personnel as enumerated below.
a. The paid firefighters' force shall be composed of those
positions as established in the Annual Budget of the City
of Georgetown.
b. The volunteer firefighters' force shall be composed of
a maximum of forty (40) active members who have
volunteered to join the organization, successfully
completed the application process, complied with all the
rules and regulations of the fire department and have
been formally accepted by the volunteer membership.
Section 11-2. Constitution and By -Laws for Volunteer Force.
In addition to provisions of this ordinance outlining the
establishing of the Georgetown Fire Department, authority is
granted for a Constitution and By -Laws of the Department to be
developed and approved by the volunteer firefighters' force.
The Constitution and By -Laws shall govern the volunteer
firefighters' force general business and activities, and shall be
a guidance document consistent with all Federal, State, Local laws,
ordinances and/or regulations. A copy of the Constitution and By -
Laws document and any and all changes shall be furnished to the
City Manager of the City of Georgetown.
Section 11-3. Control of the Fire Department.
The Director of the Fire Services Division, also referred to as the
Fire Chief, is to have control of the Fire Department. The Fire
Chief shall be appointed by the City Manager.
The Fire Chief will be expected and required to establish and
maintain a good working relationship with the volunteer
firefighters' force; and to foster a good working relationship
between the paid and volunteer forces.
All members of the Georgetown Fire Department shall be under the
command of the Fire Chief and subject to all of the provisions of
the Constitution and Laws of the State of Texas, the City Charter,
and the Ordinances of the City of Georgetown, and provisions of
this Article.
The Fire Chief is hereby given the authority to commission all
officers and firefighters, and to activate their services when
necessary.
Whenever any fire force shall become inefficient, through vacancies
of resignation or disorganization, it shall be the duty of the Fire
Chief to fill said vacancies for immediate fire protection when
deemed necessary.
The Fire Chief shall be the manager of the Fire Department and
shall see that equipment, apparatus and facilities are kept clean,
workable and in good condition. He/she shall see that the Fire
Department is at all times in readiness to effectively combat fire.
The Fire Chief shall develop, maintain and implement standard
operating procedures, rules, regulations and/or written policies
for the Department.
Section 11-4. Officers and Duties, Chain of Command.
Chain of Command - Officers of the Department, in the order of the
chain of command shall be.
1.
The
Fire Chief hired
or appointed by the City;
and
2.
The
First Assistant
Chief to be elected by
the
Volunteer Force, and
3. The Second Assistant Chief to be elected by the
Volunteer Farce; and
4. All officers and firefighters below the rank of
Assistant Chief will be governed by the chain of
command as established by the written department
operating policies.
In case of fire or other emergencies, the Fire Chief shall assume
control and be in command of the incident. In the absence of the
Fire Chief, the chain of command as outlined in Section 11-4 shall
determine what officer is to assume authority and responsibility.
It shall be the duty of the First and Second Assistant Chiefs to
aid the Chief in the discharge of his duties, and to take command
at fire scenes and other emergencies in the absence of the Chief
of the Department.
All personnel related matters/decisions concerning paid personnel
shall require action of the Fire Chief. When the Fire Chief is
away from his/her duties, a paid officer shall be appointed acting
Fire Chief on personnel related decisions.
The Training Officer shall be appointed by the Chiefs of the
Department, and shall be charged with the duties of establishing
a training schedule, conducting periodic drills for the whole
Department, and maintaining all training records for the
Department. Any subordinate training positions must be approved
by the Fire Chief.
The Safety Officer and Assistant Safety Officer shall be appointed
annually by the Chiefs of the Department, and shall be given the
final authority over both paid and volunteer forces of the
Department regarding all safety considerations at training sessions
and emergency operations.
Section 11-5. Volunteer Force, Officers.
A President, Vice -President, Secretary -Treasurer, and other
business related officers as outlined in the Constitution and By -
Laws, shall be elected annually by the volunteer firefighters'
force. These officers shall conduct the business meetings and
affairs of the volunteer firefighters' force. The President shall
also serve as the designated spokesman for business affairs of the
volunteer force.
The annual election of officers of the volunteer force shall be by
ballot, each active member of the volunteer force being entitled
to one vote. Said election shall be held during the regular
business meeting of January of each year and shall be in accordance
with the Constitution and By -Laws.
The First Assistant Chief, Second Assistant
shall be elected annually from the
commissioned by the Fire Chief. Adequate
and experience levels shall be established
By -Laws relating to these officers.
Section 11-6. Meetings and Drills.
Chief, and two Captains
volunteer force, and
qualification standards
in the Constitution and
The department shall conduct one regularly scheduled business
meeting each month to transact any business that may be called
before it. Special business meetings may be called when necessary
and as outlined in the Constitution and By -Laws.
The department shall meet regularly twice a month to participate
in periodic drills and/or training activities. These drills and/or
training activities shall be of a minimum of two hours duration
each. And under the general direction and coordination of the
Training Officer.
Section 11-7. Creation and Duties of Executive Advisory Committee.
There shall be an Executive Advisory Committee of six (6) members
to ensure close cooperation between paid and volunteer members of
the fire department. The committee will also review Department
goals and budgets. This committee shall consist of the Chief, the
two Assistance Chiefs, the President, one paid Captain, and one
Volunteer Captain.
In addition, this committee is to review and investigate all cases
or irregularity, insubordination, misconduct or disorder of any
volunteer force member and forward it findings and recommendations
to general membership, who will then make a recommendation to the
City Manager for final action.
Section 11-8. Qualifications, Duties and Reinstatement.
Each member of the department, hereafter joining, shall at the time
of joining, be in
good
health and physical condition, be of
good
moral character
and
above eighteen (18) years of
age.
Additionally, each
volunteer force member shall reside within
the
fire response district,
annually attend 25% of all fires, and
must
annually attend 40%
of
all meetings, except for approved absences
in accordance with
the
Constitution and By -Laws.
The Fire Chief with concurrence of the Executive Advisory
Committee, may reinstate any previous volunteer and/or paid member
to the active volunteer force provided the previous member meets
the following criteria.
a. The member previously left the Department in good
standing, and severance from the Department has not been
more than three (3) years;
b. The member of the paid force who has resigned his/her
position in good standing, requests to be a member of the
volunteer force.
Section 11-9. Loss of Membership; Disciplinary Action.
Any member of the volunteer force who fails to attend at least 25%
of all fires, and 40% of all drills in any calendar year, shall
lose his/her membership, and all rights, privileges and exemptions
there undere provided, such member shall be excused from such
attendance, when his/her absence from fires or meetings is caused
by being out of the City, or by reason of sickness; provided
further, however, before such excuse for absence shall be valid,
the member shall present the same in writing, to the volunteer
force for their approval/disapproval as cast by a majority vote.
The volunteer force shall have the power, by a majority vote, to
expel any member from the Department due to attendance
requirements, provided, however, any member absenting
himself/herself from fires, or from meetings, without excuse, as
herein provided or who moves outside an area of reasonable response
time, shall cease to be a member, without any further action on the
part of the Department.
In case of the failure of any firefighter of the Department to
faithfully perform the duties assigned to him/her or who displays
conduct unbecoming of a firefighter, the Fire Chief may, with just
cause, take appropriate disciplinary action, i.e.,
counselling, verbal and/or written reprimand, restrictive duty,
suspension and/or termination, etc... Provided however, in the
case of volunteer force members, the Executive Advisory Committee
immediately shall review and uphold/reverse any restrictive duty
assignments, suspensions and/or terminations until the next regular
business meeting, at which time the general membership shall
proceed to review and investigate the charge(s) and submit it's
recommendation to the City Manager for final action.
Section 11-10. Ineligibility Period After Removal.
Any member expelled from the volunteer firefighter force who shall
lose his membership, for non-attendance of fires and/or meetings,
as herein provided, shall not be eligible to membership of the
Department for (36) thirty six months thereafter.
Section 11-11. Communications to the Council.
All communications from the Fire Department to the City Council
shall be made through the Chief of the Department or as otherwise
allowed by the Charter or Code of ordinances.
Section 11-12. Provisions for Equipment and Benefits.
The volunteer force firefighters shall be furnished the following
by the City of Georgetown:
a. Complete protective clothing and safety equipment of the
same quality and standards of that required by law for
paid firefighters.
b. Communication equipment for notifying of fire or other
emergency alarms.
c. A means of identifying the volunteer force firefighter's
vehicle other than siren or red lights.
d. All uses of emergency lights and sirens, whether
privately owned or issued, must have prior approval of
the Fire Chief. City owned emergency lights and sirens
may be issued by the Fire Chief to volunteer force
members.
Active volunteer force firefighters will participate in the Texas
Statewide Volunteer Firefighter's Retirement Act administered by
the State Firemen's Pension Commissioner as approved by the City
Council by contract dated December 13, 1983, effective January 1,
1984. The Pension Fund will be funded annually through the
Georgetown Fire Services Division Budget, as resources allow.
The Georgetown Fire Department Volunteer Force Membership is
authorized to accept donations or contributions on its behalf for
it's volunteer services. The volunteer force has the authority to
hold fund raising events as approved by a majority of the volunteer
force membership.
Section 11-12. Budget.
The Georgetown Fire Department Volunteer Force, through the
Executive Advisory Committee, will prepare and submit to the City
Manager through the Georgetown Fire Services Division Budget, an
annual budget for personnel services and/or benefits, assistance
for equipment, training, supplies and operations. This budget
shall be included in the Georgetown Fire Services Division Budget
for City Council approval and administered by the Fire Chief.
Section 11-13 through 11-19. Reserved.
Section 11-20. Fire Marshal.
The Office of the Fire Marshal is created. The Fire Marshal shall
perform such duties as prescribed by law and by ordinance, and
shall report directly to the Director of Fire Services Division.
Section 11-21. Fire Prevention Code - Adopted.
There is hereby adopted by the council for the purpose of
prescribing regulations governing conditions hazardous to life and
property from fire or explosion, that certain code known as the
Standard Fire Prevention Code, published by the Southern Building
Code Congress International, Inc., being particularly the 1988
edition thereof and the whole thereof, save and except such
portions as are hereafter deleted modified or amended of which code
not less than one (1) copy has been and now is filed in the office
of the city secretary, and the same is hereby adopted and
incorporated as fully as if set out at length herein, and from the
date on which this section shall take effect, the provisions
thereof shall be controlling within the limits of the city.
Section 11-22. Same - Amendments.
The fire prevention code adopted herein is amended by adding
subsection 102.3.2a and inserting in lieu thereof the following:
a. "Any person who shall violate any of the provisions of
the fire protection code hereby adopted or fail to comply
therewith, or who shall violate or fail to comply with
any order made thereunder, or who shall build in
violation of any detailed statement of specifications or
plans submitted and approved thereunder, or any
certificate of permit issued thereunder, and f r o m
which no appeal has been taken, or who shall fail to
comply with such an order as affirmed or modified by the
council or by a court of competent jurisdiction, within
the time fixed therein, shall severally for each such
violation and noncompliance respectively, be guilty of
a misdemeanor, punishable by a fine as provided in
section 1-6 of the Code of Ordinances. The imposition
of one penalty for any violation shall not excuse the
violation or permit it to continue; and all such persons
shall be required to correct or remedy such violations
or defects within a reasonable time, and when not
otherwise specified, each ten (10) days that prohibited
conditions are maintained shall constitute a separate
offense. The application of the above penalty shall not
be held to prevent the enforced removal of prohibited
conditions."
Section
402.10.1
(3)
of the fire prevention code adopted herein is
amended
to
read as
follows:
113. Permits shall be
obtained
to use
explosives or blasting
agents. Permits
shall be
issued
by the fire marshal or
his designate and
shall be
one of
the following classes.
Class A permit: An instrument indicating approval by the
fire marshal or his designate for the use of explosives
at the specified location for a period of thirty (30)
calendar days from the date of issuance.
Class B permit: An instrument indicating approval by the
fire marshal or his designate for the use of explosives
at the specified location for a period of one hundred
twenty (120) calendar days from the date of issuance.
Class C permit: An instrument indicating approval by the
fire marshal or his designate for the use of explosives
at the specified location for a period of one year from
the date of issuance.
Each permit shall be valid only at the location
specified, and permits are not transferable to other
locations or other individuals.
Permit fees. Permits authorized by section 402.10.1.(3)
shall be issued only upon payment of the appropriate fees
as set forth below.
Class
A
permit:
Twenty-five dollars ($25.00)
Class
B
permit:
Fifty dollars ($50.00)
Class
C
permit:
One hundred
dollars
($100.00)"
Section 1901.3 of the fire prevention code adopted herein is
amended to read as follows.
Q11901.3 Bond required. Before a permit is issued, the applicant
shall file with the fire marshal or his designate, a surety bond
in the amounts of $1,000,000.00 covering personal injury and
$1,000,000.00 covering property damage, or a public liability
insurance policy in the same amounts, for the purpose of the
payment of all damages to persons or property which arise from or
are caused by the conduct of any act authorized by the permit upon
which any legal judgement results. Public agencies shall be exempt
from this bond requirement. The applicant shall be solely
responsible for any and all damages to persons and property which
arise from or are caused by, the conduct of any act authorized by
the permit upon which any legal judgement results, and the city
shall be held harmless from any claim for damages to persons or
property."
Chapter 19
of the
fire prevention
code
adopted
herein
is
amended
by adding
thereto
sections 1901.4.5
and
1901.4.6
read
as
follows.
111901..4.5.
Jurisdiction. The unregulated
use of
explosives or
blasting
agents is hereby defined as a
nuisance and is prohibited
wihin the
city limits and outside the
city
limits
for a distance
of five
thousand (5,000) feet. All provisions
of
Chapter 19, as
amended,
of this fire prevention code,
shall
therefore be enforced
within the
city limits and outisde the
city
limits
for a distance
of five
thousand (5,000) feed.1°
111901.4.6 Violations, penalties. No person shall engage in conduct
prescribed by the provisions of this chapter, nor perform any act,
omission or possession made unlawful by the terms of this chapter,
nor violate any rule, regulation, or order promulgated pursuant
thereto. The standards provided herein shall be as binding upon
corporations, associations or other legal entities as upon
individual persons. The violation any provision of this chapter,
or any rule, regulation or order promulgated hereunder, shall for
each violation or day of violation be punished by a fine as
provided in section 1-6 of the Code of ordinances."
Section 11-23. Arson Reward.
The city hereby offers a reward of two hundred fifty dollars
($250.00) for the arrest and conviction of any person or persons
found guilty of committing the crime of arson within the city.
This reward is a standing offer, and shall be paid out of the
general fund of the city.
Section 11-24. Burning of Refuse.
It shall be unlawful for any person to burn within the city any
garbage, trash, brush or other waste material unless such burning
shall be performed in an incinerator constructed for that purpose
and approved by the fire marshal of the city. Such approval by the
fire marshal shall be given in writing and only for the incinerator
providing proper protection against fire to surrounding property
and premises and if such incinerator is constructed and maintained
in accordance with the requirements of the air pollution control
district having jurisdiction.
Section 11-25 through 11-30. Reserved.
Section 11-52. Territorial Applicability.
b. This article shall also be applicable and in force within
the area immediately adjacent and contiguous to the city
limits and extending for a distance outside the city
limits for a total of five thousand (5,000) feet, and it
shall be unlawful to do or perform any act in violation
of this article; provided, this article shall not apply
within any portion of such five thousand (5,000) feet
area which is contained within the territory of any other
municipal corporation.
c. The 5,000 foot limitation will be determined by reference
to the most recent city map evidencing this boundary
limitation. In the event of dispute, the city will
accept a professionally sealed ground survey map as
evidence of the 5,000 foot limitation. The costs of such
survey will be paid by the person alleging the dispute
and not by the city."