HomeMy WebLinkAboutItem 10 a. Second Reading of Ordinance Repealing and Replacing Chapter 78 - Fire Prevention and Emergency Medical Response and Approval of Rate Resolution I
ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: December 4, 2018
Item # / -a..
i Reviewed By:
Contact Name: Deputy Fire Chief Cleveland Department Director: John M it r
Contact Number: 407-905-3140 City Manager: Robert Fran
Subject: Second Reading of Ordinance Repealing and Replacing Chapter 78 - Fire Prevention
and Emergency Medical Response (Citywide)
Background Summary:
The Ocoee Fire Department has a chapter in the City's Code of Ordinances that relates to fire
prevention and emergency medical response. Chapter 78 has been reviewed and updated to reflect
the current edition of the Florida Fire Prevention Code. Updates to the ordinance include: adding
emergency medical response services language, removing the existing local ordinance requirements
on fire sprinkler systems, and adding language that addresses authority, purpose, applicability,
administration, and delegation.
Issue:
Should the Mayor and City Commission adopt the Ordinance repealing and replacing Chapter 78 -
Fire Prevention and Emergency Medical Response?
Recommendations:
Staff recommends the Mayor and City Commission adopt the Ordinance repealing and replacing
Chapter 78 - Fire Prevention and Emergency Medical Response to bring the City of Ocoee Code of
Ordinances up to the current edition of the Florida Fire Prevention Code.
Attachments:
Exhibit A - Ordinance to replace Chapter 78 Fire Prevention and Emergency Medical Response
Financial Impact:
There is no financial impact on the current budget
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
X Ordinance Second Reading X 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 Dana Crosby-Collier N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OCOEE,
FLORIDA, REPEALING IN ITS ENTIRETY CHAPTER 78 OF THE CITY OF
OCOEE CODE OF ORDINANCES, ENTITLED FIRE PREVENTION CODE,
LOCAL AMENDMENTS; CREATING A NEW CHAPTER 78, ENTITLED FIRE
PREVENTION AND EMERGENCY MEDICAL RESPONSE; AUTHORIZING THE
FIRE DEPARTMENT TO SERVE AS THE PRIMARY AND SOLE PROVIDER OF
EMERGENCY MEDICAL RESPONSE AND TRANSPORT SERVICES;
AUTHORIZING THE CITY COMMISSION TO ADOPT FEES FOR EMERGENCY
MEDICAL RESPONSE AND TRANSPORT SERVICES AND TO READOPT FEES
FOR PERMITS, REINSPECTIONS, AND FIREWORKS DISPLAYS; 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 Statues, the City of Ocoee ("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, pursuant to section 633.202(4), Florida Statutes, once adopted by the State Fire
Marshal, the Florida Fire Prevention Code is adopted for use statewide without need for adoption by
the local governments; and
WHEREAS, the City now desires to update and amend Chapter 78 of the existing Code of
Ordinances to replace Chapter 78 in its entirety with new text, to update the local code, and to
authorize the City Fire Department to be the primary and sole provider of emergency medical
response services, including ambulance transport services; and
WHEREAS, in updating Chapter 78 of the Code of Ordinances, the City Commission is
authorized to, by resolution, readopt a schedule of fees for plan review, reinspection, and fireworks
displays, fees, and adopt a schedule of fees for emergency medical response and transport services;
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. 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 Chapters 166 and 633, Florida Statutes.
SECTION 2. Amendment of Chapter 78. Chapter 78 of the Code of Ordinances
of the City of Ocoee is hereby repealed and replaced in its entirety as follows:
See Exhibit"A" attached hereto and by this reference made a part hereof.
SECTION 3. 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 4. 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 Manager, without
need of public hearing, by filing a corrected or recodified copy of same with the City Clerk.
SECTION 5. Effective Date. This Ordinance shall become effective immediately
upon passage and adoption.
PASSED AND ADOPTED this day of ,2018.
APPROVED:
ATTEST:
CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk
Rusty Johnson, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY ADVERTISED ,2018
THE CITY OF OCOEE,FLORIDA; READ FIRST TIME ,2018
APPROVED AS TO FORM AND LEGALITY READ SECOND TIME AND ADOPTED
this day of ,2018. ,2018
UNDER AGENDA ITEM NO.
SHUFFIELD,LOWMAN& WILSON,P.A.
By:
City Attorney
Exhibit "A"
Chapter 78—Fire Prevention and Emergency Medical Response.
§ 78-1. —Authority; purpose.
The Ocoee Fire Department ("Fire Department") is hereby confirmed and recognized as a
separate department of the City and as the lead agency for fire suppression, fire prevention,
and emergency medical response.
§ 78-2. - Applicability.
This chapter shall apply and be in force and effect within all of the incorporated areas of
the City.
§ 78-3. - Administration; delegation.
The City of Ocoee Fire Chief ("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.
§ 78-4. - Permitting and inspection.
The inspection or permitting of any building, system, or plan by the City of Ocoee, under
the requirements of this chapter and the Florida Fire Prevention Code, shall not be construed
in any court as a warranty of the physical condition of such building, system, or plan or their
adequacy. Neither the City nor any employee thereof shall be liable in tort for damages for
any defect or hazardous or illegal condition or inadequacy in such building, system, or plan,
nor for any failure of any component of such, which may occur subsequent to such inspection
or permitting, unless the employee is found to have acted in bad faith or with malicious
purpose in a manner exhibiting wanton and willful disregard for safety, health, and welfare of
the public.
§ 78-5. - Construal of permit; validity; effect.
The issuance or granting of a permit or approval of plans and specifications shall not be
deemed or construed to be a permit for or an approval of any violation of any of the
provisions of this chapter or the Florida Fire Prevention Code. No permit presuming to give
authority to violate or cancel the provisions of this chapter shall be valid, except so far as the
work or use which it authorizes is lawful. The issuance of a permit upon plans and
specifications shall not prevent the Fire Department from thereafter requiring the correction
of errors in such plans and specifications nor from prohibiting the starting or continuance of
work thereunder when in violation of this chapter or of any other provisions of this chapter or
of the Florida Fire Prevention Code.
§ 78-6. - Enforcement.
The procedures set forth in Chapter 7, Enforcement of Code, shall apply to this chapter.
§ 78-7. - Penalties for offenses.
Any person violating any provision of the chapter shall, upon conviction, be punishable
as provided in § 1-12 of Chapter 1, General Provisions, Article II, of the Code of the City of
Ocoee. Each day such violation is committed or permitted to continue shall constitute a
separate offense.
§ 78-8. - Reserved.
§ 78-9. —Plan review; permits; inspections; fees.
A. The Fire Department shall perform a review of pertinent building plans and
specifications submitted to the Development Services Department in order to
determine whether such plans and specifications comply with the Florida Fire
Prevention Code, as described by the current version adopted under the authority
of section 633.202, Florida Statutes, as it may be amended from time to time, and
this chapter.
B. Separate permits shall be required for fire protection systems.
C. The City Commission may adopt by resolution a schedule of plan review fees to
be paid by building permit applicants to reimburse the City for the Fire
Department's cost of conducting plan reviews. If any such fee is based on the
value of construction, that basis shall be as established by the Building Official in
a manner consistent with the Florida Building Code. Plan review fees shall be
collected by the Development Services Department as part of their standard
permitting process.
D. Fee exceptions.
(1) Plan review fees shall not be levied for building permits when no construction
plans or drawings are required as part of the application process.
(2) There shall be no additional charge for an initial inspection conducted by the
Fire Department beyond the fee imposed for plan review.
§ 78-10. —Re-inspections; fees.
A. If, upon initial inspection, the Fire Department shall find work not in compliance
with the Florida Fire Prevention Code and/or this chapter, the person doing said
work shall promptly do everything necessary to bring said work into compliance
with the requirements of the Florida Fire Prevention Code and this chapter. The
Fire Department shall then, upon notification by the permit holder and payment of
any re-inspection fee imposed by resolution of the City Commission, re-inspect
said work to check for compliance. The fee schedule adopted by a resolution of
the City Commission may impose a higher fee for the second and subsequent re-
inspections.
B. Re-inspection fees shall be collected by the Development Services Department as
part of their standard construction inspection process.
§ 78-11. — Secured Access Systems Required.
A. All commercial buildings protected with an approved sprinkler system or fire
alarm system, or as determine by the authority having jurisdiction, shall be
equipped with an exterior key box, approved by the authority having jurisdiction,
to allow for access by responder emergency personnel after normal operating
hours.
B. Emergency access to gated subdivisions shall be as provided in Section 153-5.7 of
the City of Ocoee Code of Ordinances.
§ 78-12. — Special Events
Information relating to regulation of Special Events is found in Chapter 146, City of
Ocoee Code of Ordinances.
§ 78-13. —Fireworks displays.
Persons exhibiting fireworks displays shall first obtain a permit for such purpose from
the Fire Department. The Fire Department shall conduct an inspection of fireworks
displays and, upon failure of the display to satisfy the conditions of such an inspection,
the persons exhibiting fireworks displays shall be subject to subsequent re-inspections
following completion of any required corrective actions. Any fees related to such
permits, inspections, or re-inspections shall be prescribed by resolution of the City
Commission and collected by the Fire Department.
§ 78-14. —Emergency medical response services; fees.
A. The Fire Department is authorized, as the primary and sole provider of emergency
medical response services, including ambulance transport services, within the
incorporated areas of the City, except as otherwise provided by mutual/automatic
aid agreements, Fire Chiefs discretion, or by law.
B. The City Commission may, by resolution, adopt a schedule of fees for emergency
medical response and transport services provided by the Fire Department and/or
its contractors.
C. This section shall not operate to prohibit other licensed emergency medical
service providers from providing emergency medical services within the
incorporated areas of the City when responding to a call for assistance under a
current, duly authorized interlocal agreement of mutual aid or automatic aid.
COPY OF ADVERTISEMENT
Date Published and Media Name
46 The West Orange Times Thursdav,_November 22,2018
Advertisement or Article
FIRST INSERTION
CITY OF OCOEE
PUBLIC HEARING
A Public Hearing before the Ocoee City Commission will be held Tuesday,De-
cember 4,2018 at 6:15 p.m.or as soon thereafter as may be heard,in the Com-
mission Chambers of City Hall at 150 North Lakeshore Drive,Ocoee,Florida,to
consider the following:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OCOEE,
FLORIDA,REPEALING IN ITS ENTIRETY CHAPTER 78 OF TIS CITY OF
OCOEE CODE OF ORDINANCES,ENTITLED FIRE PREVENTION CODE,
LOCAL AMENDMENTS; CREATING A NEW CHAPTER 78,ENTITLED
FIRE PREVENTION AND EMERGENCY MEDICAL RESPONSE;AUTHO-
"`RIZING THE FIRE DEPARTMENT TO SERVE AS THE PRIMARY AND
..71 SOLE PROVIDER OF EMERGENCY MEDICAL RESPONSE AND TRANS-
7 PORT SERVICES;AUTHORIZING THE CITY COMMISSION TO ADOPT i
-"FEES FOR EMERGENCY MEDICAL RESPONSE AND TRANSPORT SER-
VICES AND TO READOPT FEES FOR PERMITS,REINSPECTIONS,AND -
FIREWORKS DISPLAYS;PROVIDING FOR SEVERABILITY;PROVIDING-
FOR CODIFICATION;PROVIDING AN EFFECTIVE DATE.
If a person decides to appeal any decision made by the above City Commission with
respect to any matter considered at such hearing,they will need a record of the pro-
ceedings,and for such purpose they may need to ensure that a verbatim record of the
proceedings is made,which record includes the testimony and evidence upon which
the appeal is to be based.All interested parties are invited to attend and be beard
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 two days
prior to the date of hearing.
November 22,2018 18-05722W