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HomeMy WebLinkAboutItem #12 Second Reading of Ordinance Amending Chapter 78 of City of Ocoee Code of Ordinances to Recognize the Ocoee Fire Department as a Separate Department of the City ocoee fiorida AGENDA ITEM COVER SHEET Meeting Date: March 7, 2017 Item # /a Reviewed By: Contact Name: John Miller, Fire Chief Department Director: Arc Contact Number: 407-905-3140 City Manager: Subject: Second Reading of Ordinance Amending Chapter 78 of City of Ocoee Code of Ordinances, to Recognize the Ocoee Fire Department as a Separate Department of the City. Background Summary: As part of the Ocoee Fire Departments effort to obtain international accreditation, the organization must provide documentation that it is legally established. The proposed amendments to Chapter 78 of the City of Ocoee Code of Ordinances include verbiage that recognizes the Fire Department as well as the Fire Chief. Issue: The current City of Ocoee Code of Ordinances only formally recognizes the Fire Chief and not the Fire Department itself. It is suggested that the following amendments be made to the ordinance to confirm the existence and recognize the authority of the Ocoee Fire Department The following sections of Chapter 78 of the City of Ocoee Code of Ordinances, is hereby amended as follows with strikethroughs showing deletions and underlines showing new language: 78-1. - Authority; purpose. This Ocoee Fire Department is hereby confirmed and recognized as a separate department of the City and as the lead agency for emergency medical response. This and chapter is enacted under the general home rule power of the City and pursuant to Section 633.0215, Florida Statutes, and This chapter is intended to be a local amendment to the Florida Fire Prevention Code which strengthens the requirements of the minimum fire safety code. § 78-3. - Administration; delegation. The authority of the Ocoee Fire Department and the City of Ocoee Fire Chief is hereby recognized and the City of Ocoee Fire Chief shall be the administrative official for the provisions of this chapter. Whenever a provision appears requiring the Fire Chief, the Fire Department or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the Fire Chief or other officer to designate, delegate., and authorize professional level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise. All other provisions of Chapter 78 of the City of Ocoee Code of Ordinances remain unchanged by this amendment. Recommendations: Staff recommends amending Chapter 78 of City of Ocoee Code of Ordinances, to recognize the Ocoee Fire Department as a separate department of the City. Attachments: Proposed ordinance amendment and proclamation. Financial Impact: There is no financial impact on the City of Ocoee when amending this ordinance. Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading ]( Public Hearing Resolution Regular Agenda Commission Approval Discussion& Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by 0 N/A 2 ORDINANCE 2017- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING CHAPTER 78 OF THE CITY OF OCOEE CODE, RELATING TO THE OCOEE FIRE DEPARTMENT; RECOGNIZING IN CODE THE OCOEE FIRE DEPARMTNT AS A MUNICIPAL FIRE DEPARTMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule authority, police power, land development and zoning authority, and governmental and proprietary powers necessary to conduct municipal government and perform municipal functions; and WHEREAS, the City may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, under the City of Ocoee City Charter, Section C-8, the City of Ocoee has all governmental, proprietary, and corporate powers possible for a City under the Florida Constitution and laws of Florida and may provide police, fire, sanitary, and similar protection and services; and WHEREAS, the City of Ocoee City Charter at Section C-25 authorizes the City Commission to establish city departments, offices, or agencies and the functions of those agencies; and WHEREAS, the City of Ocoee Code of Ordinances recognizes the authority of the Fire Chief and the Fire Department as the administrative official and entity responsible for enforcement of the Florida Fire Prevention Code; and WHEREAS, the Ocoee Fire Department is seeking accreditation and requires a more specific finding of its authority in Code per Charter; and WHEREAS, the City Commission in good faith determines that this Ordinance is in the best interest of the City and its residents and promotes the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby ratified and confirmed as true and correct and incorporated herein by this reference. Section 2. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. Section 3. Chapter 78. Chapter 78, relating to Enforcement of Code, is hereby amended as follows: See Exhibit "A" attached hereto and by this reference made a part hereof. Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Marshall, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. Section 6. Effective Date. This Ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this day of APPROVED: 2017. CITY OF OCOEE, FLORIDA ATTEST: Rusty Johnson, Mayor Melanie Sibbitt, City Clerk (SEAL) ADVERTISED , 20_ READ FIRST TIME , 20_ READ SECOND TIME AND ADOPTED , 20_ UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this_day of , 20 . SHUFFIELD, LOWMAN &WILSON, P.A. By: City Attorney EXHIBIT "A" The following sections of Chapter 78 of the City of Ocoee Code of Ordinances, is hereby amended as follows with strikethroughs showing deletions and underlines showing new language: 78-1. - Authority; purpose. This Ocoee Fire Department is hereby confirmed and recognized as a separate department of the City and as the lead agency for emergency medical response. This and chapter is enacted under the general home rule power of the City and pursuant to Section 633.0215, Florida Statutes, and . This chapter is intended to be a local amendment to the Florida Fire Prevention Code which strengthens the requirements of the minimum firesafety code. § 78-3. - Administration; delegation. The authority of the Ocoee Fire Department and the City of Ocoee Fire Chief is hereby recognized and the City of Ocoee Fire Chief shall be the administrative official for the provisions of this chapter. Whenever a provision appears requiring the Fire Chief, the Fire Department or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the Fire Chief or other officer to designate, delegate., and authorize professional level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise. All other provisions of Chapter 78 of the City of Ocoee Code of Ordinances remain unchanged by this amendment. • Proclamation Whereas, the Ocoee Fire Department was established as a volunteer fire department in the year 1925; and Whereas, the Ocoee Fire Department has, since the year 1957, continuously existed as a duly constituted and organized department of the City of Ocoee, Florida; and, Whereas, the present charter of the City of Ocoee recognizes the authority of the City to establish departments as necessary for the safe function of the City; and Whereas, City Commission has recognized the existence of the Ocoee Fire Department as a separate and distinct department of the city, and the authority of the Ocoee Fire Department is codified by ordinance in Chapter 78 of the City of Ocoee Code of Ordinances; and Whereas, the existence and authority of the Ocoee Fire Department has repeatedly been confirmed and ratified by the City Commission by the adoption of an annual municipal budget funding same and the repeated codification of and adoption of the National Fire Protection Association Standards; and Whereas, the proposed NFPA Life Safety Code has been adopted and approved by the City Commission which references, confirms, and verifies the existence and authority of the Ocoee Fire Department; and Whereas, the Ocoee Fire Department has been recognized as the lead agency for emergency medical response; and Now, Therefore, be it resolved by the City Commission of the City of Ocoee, Florida formally recognizes the Ocoee Fire Department as a municipal fire department constituting a department of the City of Ocoee and the authority of the Ocoee Fire Department is hereby acknowledged, confirmed and ratified by the City Commission of the City of Ocoee. Hereunto IN WITNESS WHEREOF, I have set my hand and caused the Seal of the City of Ocoee, Florida to be affixed this 7th Day of March, 2017. Amu/ `JQfum ot2, AZalio4 , COPY OF ADVERTISEMENT Date Published and Media Name L Orainen"S SUNDAY, FEBRUARY 26,2017 D3 Advertisement or Article CITY OF OCOEE-PUBLIC MEANING A Public Hearing before the Ocoee City Commission will be held Tuesday, March 7,2017,at 7:15 P.m.or as soon thereafter as may be heard, In the Commission Chambers of City Hall Florida,at 150 North Ocoee, da,to consider the following: AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING CHAPTER 78 OF THE CITY OF OCOEE CODE, RELATING TO THE OCOEE FIRE DEPARTMENT; RECOGNIZING IN CODE THE OCOEE FIRE DEPARMTNT AS A MUNICIAL FIRE PROVIIDPING FOR SEVERABMETY; PROVIDING ANOEFFECDTIVEADATE. If a person decides to appeal any decision made by the above City Commission with respect to any matter will need considered record of the proceedings,and for such purpose they may need to ensure that a verbatim record of the proceedings Is made, which record includes which the appeal testimony evidence is to be based. upon All interested parties are Invited to attend and be heard with respect to the above. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's office at 407- 905-3105 at least 48 hours prior to the date of hearing. Melanie Sibbitt ICity Clerk - __ 054801655 7P162011