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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the City Council of the City of Georgetown, Texas, has previously recognized that many provisions of the City Code are out-of-date, no longer appropriate for the current needs of the City, and, in certain circumstance, not in conformance with applicable law; WHEREAS, in light of this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 of Chapter 11 "Fire Protection and Prevention" of the Georgetown Code of Ordinances are repealed in their entirety and are replaced with the new Articles I. and II., as shown on attached Exhibit "A".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 All Ordinances, parts of Ordinances, or Resolutions in conflict herewith are expressly repealed to the extent of such conflict.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."