2018-047 Fire Emergency Response & Transport Services - New Chapter 78 ORDINANCE NO.2018-047
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:
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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 qday of igember,2018.
APPROVED:
ATTEST:' L
CITY OF OCOEE,FLORIDA
Thve:/k4 —
Melanie Sibbi U Ci*y Cly k
1 - Rusty Johns a r
,. , CSE ,
FOR USE AND RELIANCE ONLY BY ADVERTISED gyyrnber o?o2 ,2018
THE CITY OF OCOEE,FLORIDA; READ FIRST TIME yft, aD ,2018
APPROVED AS TO FORM AND LEGALITY READ SECOND TIME AND ADOPTED
this L4�+day of ,2018. c22?4(Jrtbhr- 4/ ,2018
UNDER AGENDA ITEM NO. /f)
SHUFFIELD,LOWMAN&WILSON,P.A.
By:
Cityrtt• •-
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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.
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§ 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
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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 Chief's 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.
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