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Ord 46-02ORDINANCE NO. 46-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DF.I.RAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINISTRATION", BY AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS," SECTIONS 33.20- 33.67 TO CHANGE THE TERM "FIRE DEPARTMENT" TO "FIRE-RESCUE DEPARTMENT" IN ORDER TO REFLECT THE WORK PERFORMED; AMENDING TITLE IX, "GENERAL REGULATIONS", BY AMENDING CHAPTER 96, "GENERAL PROVISIONS", SECTIONS 96.01-96.98 TO CHANGE THE TERM "FIRE DEPARTMENT" TO "FIRE- RESCUE DEPARTMENT'' IN ORDER TO REFLECT THE WORK PERFORMED; AMENDING CHAPTER 7, "BUILDING REGULATIONS", ARTICLE 7.8, "UNSAFE BUILDINGS OR STRUCTURES", SECTIONS 7.8.6-7.8.8 TO CHANGE THE TERM "FIRE DEPARTMENT" TO "FIRE- RESCUE DEPARTMENT''; PROVIDING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND AN EFFECTWE DATE WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to have the rifle of the Fire-Rescue Department accurately reflected in the Code of Ordinances and Land Development Regulations of the City of Delray Beach, Florida NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Tide III, "Administration," Chapter 33, "Police and Fire Deparunents", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: FIRE-RESCUE DEPARTMENT Section 33.20 ESTABLISHMENT. A depaiuxmnt to be known and designated as the Fire-Rescue Department is created for the City. Section 33.21 POWERS, DUTIES OF DEPARTMENT. The Fire-Rescue Depatunent shall have control and management of all fires and emergency medical services within the limits of the City. It shall be unlawful for any person to interfere with any Fire-Rescue Depamnent personnel by means of a physical act with the intent to hinder said Fire-Rescue Department personnel in the performance of his duties. Section 35.22 NONAUTHORIZED PERSONNEL PROHIBITED FROM RIDING ON APPARATUS. No person other than regular or volunteer firefighters shall be allowed to ride upon any of the apparatus of the Fire-Rescue Department except with the permission of the Chief of the Fire-Rescue Department. OLD AGE AND SURVIVORS' INSURANCE Section 33.35 EXTENDED TO EMPLOYEES OF DEPARTMENT AND POLICE DEPARTMENT. FIRE-RESCUE It is declared to be the policy and purpose of the City to extend, effective January 1, 1958, to employees and officials thereof in the position of firefighter or police officer and not excluded by law nor excepted herein, the benefits of the system of Old Age and Survivors' Insurance as authorized by the Federal Social Security Act and amendments thereto, and by F.S. Chapter 650, as amended; and to cover by that plan all of their services which constitute employment as defined in F.S. Section 650.02, performed in the employ of the City. PENSIONS Section 33.60 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. "ACTUARIAL EQUIVALENCE" or "ACTUARIALLY EQUIVALENT". This term shall mean that any benefit payable under the terms of the pension fund in a form other than the normal retirement pension shall have the same actuarial present value on the date payment commences as the normal retirement pension. For purposes of establishing the actuarial present value of any form of payment, all future payments shall be discounted for interest and mortality by using 7% interest and the 1983 Group Annuity Mortality Table for Males, with ages set ahead five years in the case of disability retirees. "AGREEMENT". The written instrument setting forth the provisions of the retirement system. 2 ORD. NO. 46-02 "AVERAGE MONTHLY EARNINGS". One thirty-sixth of the arithmetical average for the highest consecutive 36-month period preceding the actual retirement or termination of a member; provided, however, the benefit derived shall not be less than the benefit that would have been paid based on a definition of average monthly earnings of one twenty-fourth of the arithmetical average for the highest consecutive 24-month period, as calculated prior to the effective date of this ordinance. "BENEFICIARY". The person entitled to receive benefits hereunder at the death of a member who has been designated in writing by the member and filed with the Board of Trustees. If no designation is in effect at the time of death of the member, or if no person so designated is living at that time, the beneficiary shall be the estate of the member. "BOARD". The Board of Trustees which shall administer and manage the system herein provided and serve as Trustee of the Trust Fund. "CONTINUOUS SERVICE". (1) Uninterrupted service by a member (expressed as years and completed months) from the date he last entered employment as an employee until the date his employment is terminated by death, disability, retirement, resignation or discharge. (2) However, the continuous service of any member shall not be deemed to be interrupted by: (a) Any authorized leave of absence or vacation, provided all members similarly situated in similar circumstances shall be treated alike pursuant to uniform, nondiscriminatory rules. No credit for benefit eligibility for computation purposes under the system shall be allowed for any such period of leave of absence. Co) Any service, whether voluntary or involuntary, in the armed forces of the Untied States, provided the member is legally entitled to reemployment under the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 and any amendments thereto, or any law applicable to such reemployment, and provide that a member shall apply for reemployment within three months following termination of such service, or as otherwise allowed by the Uniformed Services Employment and Reemployment Rights Action of 1994, and any amendments thereto. Nothing aforementioned shall serve to reduce the accrued accredited services of the members on the effective date of the plan. (3) Continuous service shall also include, for reemployed members, those years and completed months for which the reemployed member had withdrawn his contributions to the Trust Fund, where the reemployed member repays into the Fund the 3 ORD. NO. 46-02 contributions he had withdrawn, with interest based upon the plan's annual total rate of return for the pension funds, as computed by the actuaries or the City, for those years and completed months, within 90 days after his reemployment date. A reemployed member may also repay only a portion of the withdrawn funds with interest and receive a like credit for continuous service; however, repayments, whether partial or total, shall only be permitted once within the 90-day limit. "EARNINGS". Basic wages paid to a member, excluding overtime, bonuses and any other non-regular payments. "EFFECTIVE DATE". April 22, 1974. "EMPLOYEE". All employees of the City classified as full-time sworn police officers, as defined on the effective date in F.S. Sect. 185.02, or classified as police officers in training, or classified as volunteer or regular full-time firefighters, as defined on the effective date in F.S. Sect. 175.032, but shall exclude all civilian members of the Police and Fire: Rescue Departments, and the Police Chief and Fire-Rescue Chief upon their written election not to participate in the system. "FUND". The Trust Fund established herein as part of the system. "MEMBER". An employee who fulfills the prescribed participation requirements. "SPOUSE". The lawful wife or husband of a member at time of retirement and death. "SYSTEM". The City Police and Firefighters Retirement System as contained herein and all amendments thereto. Section 33.67 OTHER PROVISIONS. (A) Discharged members. Members entitled to a pension shall not forfeit the same upon dismissal from the department, but shall be retired as herein described. 03) Recovery from disability. In the event a member who has been retired on a disability benefit regains his health and is able to perform his duties in the Police Department or Fire-Rescue Department, the Board of Tn~stees shall require the member to resume employment with the respective department and discontinue the pension; provided that if a member shall after resuming his position pay into the Fund an amount equal to the aggregate contributions plus interest at a rate to be determined by the Board (computed upon his annual earnings at the time of his disability retirement) he would have been required to make hereunder, as determined by the Board, during the period of his disability 4 ORD. NO. 46-02 retirement had he not been retired, the member shall receive creditable service for the period of disability retirement. In any event, a member shall retain credit for the period of continuous service prior to the date of disability. (C) Nonassignability. No benefit provided for herein shall be assignable or subject to garnishment for debt or for other legal process. (D) Duration of benefits. Benefits granted to members shah be paid to them for life and shall not be revoked nor in any way diminished except as provided in this subchapter and the payments of the member to this Fund shah cease upon his retirement and acceptance of a benefit or thirty (30) years of continuous service or termination. OS) Pension validity. The Board of Trustees shall have the power to examine into the facts upon which any pension shall heretofore have been granted under any prior or existing law, or shall hereafter be granted or obtained erroneously, fraudulently, or illegally for any reason. The Board is empowered to purge the pension rolls of any person heretofore granted a pension under prior or existing law or hereafter granted under this subchapter if the same is found to be erroneous, fraudulent, or illegal for any reason; and to reclassify any pensioner who has heretofore under any prior or existing law, or who shah hereafter under this subchapter be erroneously, improperly or illegally classified. (F) Incompetents. If any member or beneficiary is a minor or is, in the judgment of the Board, otherwise incapable of personally receiving and giving a valid receipt for any payment due him under the system, the Board may, unless and until claims shah have been made by a duly appointed guardian or committee of that person, make the payment or any part thereof to the person's spouse, children or other person deemed by the Board to have incurred expenses or assumed responsibility for the expenses of that person. Any payment so made shah be a complete discharge of any liability under the system for the payment. (G) Miscellaneous provisions. (1) The Board will furnish the actuary with all data required for necessary actuarial computations under the plan. (2) No payment or any benefit, contribution or other sum which would constitute a violation of any applicable wage control law shall be made hereunder. (3) The benefits for any person who was a member under F.S. Chapters 175 and 185, immediately prior to the effective date of this subchapter, shah not be less than those which he would have received under the plan prior to the effective date based on his rate of earnings in effect as of the effective date. 5 ORD. NO. 46-02 Section 2. That Title IX, "General Regulations," Chapter 96, "General Provisions", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: GENERAL PROVISIONS Section 96.01 PERMITS REQUIRED FOR NEW MATERIALS, PROCESSES OR OCCUPANCIES. The City Manager, the Chief of the Fire-Rescue Depatunent, and the Chief of the Bureau of Fire Prevention shall act as a committee to determine and specify, after giving affected persons an opportumty to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in the code. The Chief of the Bureau of Fire Prevention shall post that list in a conspicuous place in his office, and distribute copies thereof to interested persons. Section 96.02 INSPECTIONS REQUIRED. All owners or occupants of buildings are required to permit the Chief of the Fire: Rescue Depamnent, or his designee, to inspect or to have inspected, their buildings or premises to see that this chapter is complied with, and it is made the duty of the Chief of the Fire-Rescue Depamnent, or his designee, to make or cause to be made an inspection whenever and wherever he may suspect a violation of this chapter. Section 96.03 ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF LIQUEFIED PETROLEUM GASES TO BE RESTRICTED. The limits referred to in Section 21.6 of the Fire Prevention Code, in which bulk storage of liquefied petroleum gas is restricted, shall be in accordance with the zoning ordinances. Section 96.04 OPEN BURNING. (A) It shall be unlawful to have any open burning within the city limits on public or private property except for fire training purposes or recreational or ceremonial occasions for which written permits from the Fire-Rescue Department are required. (B) No permits will be issued for any open burning on the public beach. (C) Open burning means any outdoor fire or open combustion of material excepting barbecuing. 6 ORD. NO. 46-02 02)) Any person who violates these provisions and the owner of the land who allows these violations shall be guilty of a violation. (E) The prohibition of open burning contained in subsection (A) above shall not apply to the use of air curtain incinerations, provided that such air curtain incinerator process has received all of the necessary and applicable permits from other governmental regulatory agencies with such jurisdiction, and further subject to the express approval of the Chief of the Fire-Rescue Department as to the issue of overall safety of the property and neighboring properties for the use of such a procedure. Section 96.05 FIRE HYD~S. (A) All fire hydrants shall be placed in a position so as to be accessible at all times from a paved road no less than 24 feet in width. (B) Fire hydrant spacing shall be in accordance with the following: (1) In single family and duplex residential districts, not more than 500 feet between hydrants. (2) In multi-family residential districts (townhouses, garden apatunents, cluster developments and the like, and similar buildings two stories or less in height), not more than 400 feet between hydrants. (3) In multi-family residential districts with buildings more than two stores in height, all commercial districts, all business districts, all industrial districts, and special hazard applications, not more than 300 feet between hydrants. (4) Areas with divided or multi-lane road systems should have hydrant distribution on both sides of the highway, with curb and median cuts considered, utilizing spacing criteria listed above when existing and proposed parallel mains will support this criteria. (5) Measurement of spacing shall be by way of road travel. (C) No object, structure, planting or obstruction of any kind shall be permitted within a five-foot radius of any fire hydrant or Fire-Rescue Department connection. A three-foot wide opening, free of all obstructions, shall be maintained at all times. Section 96.06 APPEALS. 7 ORD. NO. 46-02 Whenever the Chief of the Fire-Rescue Depattinent shall disapprove an application or refuse to grant a license or permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire-Rescue Department to the board of Adjustment within thirty 00) days from the date of the decision appealed. Section 96.07 EXEMPTIONS. (A) The Chief of the Fire-Rescue Department or the Chief of the Bureau of Fire Prevention shall have the power to modify any of the provisions of the fire code other than the provisions of any state minimum codes under the following circumstances: (1) A written application has been sent to the fire official by the owner or the authorized agent of the owner demonstrating either of the following: (a) That there are practical difficulties which prevent strict adherence to the code requirements and that the requested modification to the code requirements is in keeping with the spirit of the code and shall not jeopardize public safety. (b) That a change to an existing code imposing a new requirement on existing structures placed a previously conforming structure in violation of the code; that the requirement in question would necessitate the installation of a sprinkler system or a structural alteration to the building other than a change in a window, door or locking device, or the necessity for more than minor holes; that the new requirement does not result specifically from a change in the use of the structure; that the granting of the exemption does not pose a hazard to the public or to the occupants of the structure; that the owner agrees to post any notices required by the Fire-Rescue Department warning the public or the occupants of the noncompliance; and that further the owner's decision not to comply with the retroactive code provision. This exemption shall not be available in circumstances where the requirement to modify an existing building resulted from an alteration to the portion of the structure containing the nonconformity, or from repairs or alterations to the structure which exceed fifty percent (50%) of the assessed value of the structure. (2) The particulars of any modification or exemptions granted under this section shall be recorded in the fries of the Fire-Rescue Department and a signed copy shall be provided to the applicant. (B) Modifications to state minimum codes shall be controlled by the provisions of those codes which set standards or conditions for granting exemptions to the minimum code. 8 ORD. NO. 46-02 Section 96.08 HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE; RECOVERY OF COST. (A) Definitions: (1) ~'Costs'. Those necessary and reasonable expenses incurred by the city in connection with investigating, mitigating, minimizing, removing or abating the release of hazardous substances and hazardous waste, including but not limited to the actual labor cost of city personnel or its agents; cost of equipment operation and rental; cost to prevent or minimize mitigation off-site; as well as the recovery of costs of any actions that the city may take in this regard out of the city's jurisdiction or off-site; and the cost of expendable items including, but not limited to, firefighting foam, chemical extinguishing agents, absorbent materials, sand, recovery drums, chemical protective clothing, gloves, and testing equipment. (2) "RELEASE". Any intentional or unintentional action or omission resulting in the release or substantial threat of a release, spillage, pumping, pouring, emitting, emptying or dumping of a hazardous substance or hazardous waste upon public or private property located within the corporate limits of the city. (3) "HAZARDOUS SUBSTANCE OR HAZARDOUS WASTE". Any substance or material in a quantity or form, which in the determination of the F4~e Chief of the Fire-Rescue Department or his authorized designee, poses an unreasonable and imminent risk to the life, health, safety or welfare of persons or property within the city including, but not limited to, those substances listed in the National Fire Protection Association's "Guide on Hazardous Materials", the EPA's list of "Extremely Hazardous Substances" or the "Florida Substance List", promulgated by the State Depaxtment of Labor and Security, or by C.R.C.L.A. in 40, C.F.A. 300.6. (4) "PERSON". One or more individuals, partnerships, corporations, joint ventures, associations or any other entities or any combination thereof. (B) Authority to initiate action: (1) The Fire-Rescue Depastn~ent is hereby authorized to take or cause to be taken, such steps as may be necessary to clean up, remove or abate the effects of any hazardous substance or hazardous waste discharged or released upon or into public or private property or facilities located within the corporate limits of the city, and any actions associated therewith which occur off-site designed to mitigate a hazardous substance or hazardous waste release or discharge. 9 ORD. NO. 46-02 (2) Any person or persons responsible for causing or allowing a discharge or release of hazardous substance or hazardous waste that requires emergency action by the Fire-Rescue Depat~i~ent of the city or its authorized agents, in order to protect the health, safety or welfare, shall be strictly liable both jointly and severally to the city for the cost incurred by the city in the investigating, mitigating, minimizing, removing and abating any such discharge. (3) When responding to the emergency caused by the unauthorized discharge or release or hazardous substances or hazardous wastes, the Fire-Rescue Department of the city shall keep a detailed record of the costs and expenses attributable thereto. (4) The authority to recover costs under this section shall not include costs incurred for actual fire suppression services or other services which are normally supplied by the city's Fire-Rescue Depatunent or its authorized agent. (c) cleanup. Recovery of costs of hazardous substance and hazardous waste (1) Any person or persons responsible for causing or allowing an unauthorized discharge or release of hazardous substances or hazardous waste shall reimburse the city for the full amount of all costs, as defined herein, associated with the investigation, mitigating, minimizing, removing or abating any such discharge or release within a period of thirty 00) days after receipt of an itemized bill for such cost from the city. (2) Any person or persons responsible for causing or allowing an unauthorized discharge or release of hazardous substances or hazardous waste and who fails to reimburse the city within the time set forth in subsection (C)(1) hereof, shall be subject to a surcharge equal to $100 per day or ten percent (10%) of the total amount of the bill, whichever is greater, for each additional day that the bill for such cost remains unpaid. (3) The remedy provided for in this section shall be supplemental to, and in addition to, all other available remedies at law and equity. INST.~IJ!-&TION OF FUEL TANKS Section 96.40 PERMIT REQUIRED. It shall be unlawful for any person to install, place, locate, bury, erect or maintain, or to aid or assist in the installation, placing, locating, butting, erecting or maintaining of any tank designed or intended to be used for the storage of any class I, II or III liquid, as defined and set forth in the Fire Prevention Code and the National Fire Code, and commonly used 10 ORD. NO. 46-02 for fuel, upon any property or premises within the city, unless there first be secured approval from the Fire-Rescue Depatunent and a written permit from the Building Depatunent. BUREAU OF FIRE PREVENTION Section 96.55 ESTABLISHMENT; DUTIES. (A) The Fire Prevention Code shah be enforced by the Bureau of Fire Prevention in the Fire-Rescue Department of the city which is established and which shall be operated under the supervision of the Chief of the Fire-Rescue Department. 03) The Chief in charge of the Bureau of Fire Prevention shah be appointed by Chief of the Fire-Rescue Department on the basis of examination to determine his qualifications. His appointment shall continue during good behavior and satisfactory service. (C) The Chief of the Fire-Rescue Deparunent may detail those members of the Fire-Rescue Department as inspectors as shah from time to time be necessary. The Chief of the Fire:Rescue Department shall recommend to the City Manager the employment of technical inspectors, who, when authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the Fire-Rescue Depamraent, and appointments made after examination shall be for an indefinite term with removal only for cause. EMERGENCY MEDICAL SERVICES Section 96.65 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply: (A) "BASIC LIFE SUPPORT SERVICES". Basic life support services include the provision of treatment services rendered to patients which do not require invasive techniques, which include, but are not limited to, simple bandaging, minor splinting and simple mobilization, and may include transportation to a hospital by the Delray Beach Fire-Rescue Deparm~ent. 03) "ADVANCED LIFE SUPPORT SERVICES". Advanced life support services are those types of patient treatment services which require advanced medical therapy, including, but not limited to: electrocardiographic monitoring; use of external pacemakers; defibrillation; intravenous therapy; medication administration; cardiopulmonary resuscitation; endotracheal intubation; other advanced airway and artificial ventilator 11 ORD. NO. 46-02 techniques; and may include transportation to a hospital by the Delray Beach Fire-Rescue Department. Section 96.67 COLLECTION OF EMERGENCY MEDICAL SERVICE FEES. (A) The Fire-Rescue Department shall submit bills to patients or to the patient's insurance carrier for the provision of Basic Life Support or Advanced Life Support transportation. 03) Any bill remaining unpaid for a period of ninety (90) days shall be considered delinquent. Any delinquent bill shall incur interest at the rate of nine percent (9%) per annum. The notice of an interest charge shall be included on the initial bill mailed to the patient. remedies. The City may collect delinquent charges through any and all available legal (D) The City Finance Depatm~ent is hereby authorized to accept assignment at the maximum allowable rate of Medicaid, Medicare, and the Palm Beach County Health Care District benefits. (E) The City Finance Depatunent is hereby authorized to negotiate payment settlements of outstanding debts owed to the City for emergency services rendered when the debtor is unable to satisfy the outstanding balance due. Section 96.68 EMERGENCY MEDICAL SERVICES AND ADVANCED LIFE SUPPORT PROVIDER. (A) The Fire-Rescue Department is hereby authorized to obtain and maintain any and all necessary State of Florida licensing, vehicle permits and all necessary Palm Beach County Certificates of Public Convenience and Necessity (COPCN), pursuant to Chapter 401, Florida Statutes, and Palm Beach County EMS Ordinance, Palm Beach County Code, Chapter 13, and any subsequent applicable revised laws and ordinances, for the purpose of providing Advanced Life Support and all manner of emergency medical services as it applies to emergency medical and trauma treatment and emergency transportation services, in and for the City of Delray Beach. 03) The Fire-Rescue Department shall, upon obtaining all necessary licenses and certifications, be designated as the primary provider of Advanced Life Support and of all manner of emergency medical services as it applies to emergency medical and trauma treatment and emergency transportation services within the City limits of the City of Delray Beach. 12 ORD. NO. 46-02 Section 96.98 VIOLATIONS; NONCOMPLIANCE. (A) Any person who shall violate any of the provisions of any of the codes adopted in Sec. 96.16, including amendments thereto, or who shall violate or fail to comply with any order made hereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, from which no appeal has been taken, or who shall fail to comply with an order as affirmed or modified by the Chief of the Fire-Rescue Department or his designate or by a court or competent jurisdiction, within the time fixed herein, shall severally for each and every violation and noncompliance respectively, be guilty of a violation. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all persons shall be required to correct or remedy those violations or defects within a reasonable time. When not otherwise specified, each thirty (30) days that prohibited conditions are maintained shall constitute a separate offense. 03) The application of a penalty shall not be held to prevent the enforced removal of prohibited conditions. Section 3. That Chapter 7, "Building Regulations", Article 7.8, "Unsafe Buildings or Structures", Sections 7.8.6, "Enforcement Officer Designated" and 7.8.8, "Authority to Make Inspections; Initiating Abatement", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 7.8.6 ENFORCEMENT OFFICER DESIGNATED The provisions of this chapter shall be enforced by the Chief Building Official and/or his designee. The Chief Building Official or his designee may utilize the Fire-Rescue Department, Code Enforcement Division, Environmental Services, etc. to aid in the enforcement of the provisions of this chapter. Section 7.8.8 AUTHORITY TO MAKE INSPECTIONS; INITIATING ABATEMENT: (A) The Chief Building Official or his designee, Building Inspectors, Code Enforcement Officers, Fire-Rescue Depa~unent Officials, etc. are authorized to make any inspections and recommend any actions to the Chief Building Official or his designee as may be required to enforce the provisions of this chapter. 03) After the Chief Building Official or his designee has determined that a building, structure, or portion thereof is unsafe, he may initiate proceedings to abate the unsafe conditions. 13 ORD. NO. 46-02 Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. ..Section 5. That all ordinances or parts of ordinances in conflict herewith, be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. ]~-_~ PASSED AN]~hAJ~J.O~ED in regular session on second and final reading on this the day of( g. ty_~ ,2002. MAYOR ATTEST City Clerk First Reading.~.~~/~,~ 14 ORD. NO. 46-02 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM # I LY ~) - REGULAR MEETING OF OCTOBER 1, 2002 ORDINANCE NO, 46-02 (AMENDING CHAPTER 33. "POLICE AND FIRE DEPARTMENTS") SEPTEMBER 27, 2002 This ordinance is before Commission for second reading and public hearing mending Tide III, "Administration", by mending Chapter 33, "Police and Fire Depatunents" and Chapter 96, "General Provisions" of the City Code of Ordinances and Chapter 7, "Building Regulations" of the Land Development Regulations to change the term "Fire Depa~hnent" to "Fire-Rescue Deparm~ent" to accurately reflect the duties and responsibilities of the Fire Depamnent. At the first reading on September 17, 2002, the City Commission passed the Ordinance No. 46-02 unanimously. Recommend approval of Ordinance No. 46-02 on second and final reading. &\City Clerk\chevelle folder\agenda memo. Ord 46.0Z 10 1.0Zdoc [IT¥ OF DELRFI¥ BEI:IEH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: Writer's D~rect Line: 561/243-7090 MEMORANDUM September 4, 2002 David T. Harden, City Manager Mayor and Commissioners Terrill Pyburn, Assistant City Attorney ~ Proposed Fire-Rescue Department Ordinance This proposed Ordinance regarding the Fire - Rescue Department is simply amending our current Code of Ordinances and Land Development Regulations by changing the name of the Fire Department to Fire - Rescue Department in order to more accurately reflect the duties and responsibilities of the Fire Department. Please place this matter on the September 17, 2002 City Commission Agenda for consideration. Please let me know if you have any questions. Thank you. CC: Barbara Garito, City Clerk Susan Ruby, City Attorney Paul Dorling, Director of Planning and Zoning Kerry Koen, Fire - Rescue Chief ORDINANCE NO. 46-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINISTRATION", BY AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS," SECTIONS 33.20- 33.67 TO CHANGE THE TERM "FIRE DEPARTMENT" TO "FIRE-RESCUE DEPARTMENT'' IN ORDER TO REFLECT THE WORK PERFORMED; AMENDING TITLE IX, "GENERAL REGULATIONS", BY AMENDING CHAPTER 96, "GENERAL PROVISIONS", SECTIONS 96.01-96.98 TO CHANGE THE TERM "FIRE DEPARTMENT'' TO "FIRE- RESCUE DEPARTMENT'' IN ORDER TO REFLECT THE WORK PERFORMED; AMENDING CHAPTER 7, "BUll.DING REGULATIONS", ARTICLE 7.8, "UNSAFE BUILDINGS OR STRUCTURES", SECTIONS 7.8.6-7.8.8 TO CHANGE THE TERM "FIRE DEPARTMENT'' TO "FIRE- RESCUE DEPARTMENT''; PROVIDING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to have the rifle of the Fire-Rescue Depaxmaent accurately reflected in the Code of Ordinances and Land Development Regulations of the City of Dekay Beach, Florida NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DE1.RAY BEACH, FLORIDA, AS FOIJ.OWS: Section 1. That Title III, "Administration," Chapter 33, "Police and Fire Depa~iments", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby mended to read as follows: FIRF_~RESCU~ DEPARTMENT Section 33.20 ESTABLISHMENT. A depaxlment to be known and designated as the Fire-Rescue Depaxunent is created for the City. Section 33.21 POWERS, DUTIES OF DEPARTMENT. The Fire-Rescue Department shall have control and management of all fires and emergency medical services within the limits of the City. It shall be unlawful for any person to interfere with any Fire-Rescue Depaxement personnd by means of a physical act with the intent to hinder said Fire-Rescue Depaxunent personnel in the performance of his duties. Section 33.22 NONAUTHORIZED PERSONNEL PROHIBITED FROM RIDING ON APPARATUS. No person other than regular or volunteer firefighters shall be allowed to tide upon any of the apparatus of the Fire-Rescue Deparunent except with the permission of the Chief of the Fire-Rescue DepatimenC OLD AGE AND SURVIVORS' INSURANCE Section 33.35 EXTENDED TO EMPLOYEES DEPARTMENT AND POLICE DEPARTMENT. OF FIRE-RESCUE It is declared to be the policy and purpose of the City to extend, effective January 1, 1958, to employees and officials thereof in the position of firefighter or police officer and not excluded by hw nor excepted herein, the benefits of the system of Old Age and Survivors' Insurance as authorized by the Federal Social Security Act and amendments thereto, and by F.S. Chapter 650, as amended; and to cover by that plan all of their services which constitute employment as defined in F.S. Section 650.02, performed in the employ of the City. PENSIONS Section 33.60 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. "ACTUARIAL EQUIVALENCE" or "ACTUARIALLY EQUIVALENT". This term shall mean that any benefit payable under the terms of the pension fund in a form other than the normal retirement pension shall have the same actuarial present value on the date payment commences as the normal retirement pension. For purposes of establishing the actuarial present value of any form of payment, all future payments shall be discounted for interest and mortality by using 7% interest and the 1983 Group Annuity Mortality Table for Males, with ages set ahead five years in the case of disability retirees. "AGREEMENT". The wtitten instrument setting forth the provisions of the retirement system. 2 ORD. NO. 46-02 "AVERAGE MONTHLY EARNINGS". One thirty-sixth of the arithmetical average for the highest consecutive 36-month period preceding the actual retirement or termination of a member; provided, however, the benefit derived shall not be less than the benefit that would have been paid based on a definition of average monthly earnings of one twenty-fourth of the arithmetical average for the highest consecutive 24-month period, as calculated prior to the effective date of this ordinance. "BENEFICIARY~'. The person entided to receive benefits hereunder at the death of a member who has been designated in writing by the member and filed with the Board of Trustees. If no designation is in effect at the time of death of the member, or if no person so designated is living at that time, the beneficiary shall be the estate of the member. "BOARD". The Board of Trustees which shall administer and manage the system herein provided and serve as Trustee of the Trust Fund. ~'CONTINUOUS SERVICE". (1) Uninterrupted service by a member (expressed as ye~s and completed months) from the date he last entered employment as an employee until the date his employment is terminated by death, disability, retirement, resignation or discharge. (2) However, the continuous service of any member shall not be deemed to be interrupted by: (a) Any authorized leave of absence or vacation, provided all members similarly situated in similar circumstances shall be treated alike pursuant to uniform, nondiscriminatory rules. No credit for benefit eligibility for computation purposes under the system shall be allowed for any such period of leave of absence. (b) Any service, whether voluntary or involuntary, in the armed forces of the Untied States, provided the member is legally entided to reemployment under the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 and any amendments thereto, or any law applicable to such reemployment, and provide that a member shall apply for reemployment within three months following termination of such service, or as otherwise allowed by the Uniformed Services Employment and Reemployment Rights Action of 1994, and any amendments thereto. Nothing aforementioned shall serve to reduce the accrued accredited services of the members on the effective date of the plan. (3) Continuous service shall also include, for reemployed members, those years and completed months for which the reemployed member had withdrawn his contributions to the Trust Fund, where the reemployed member repays into the Fund the 3 ORD. NO. 46-02 contributions he had withdrawn, with interest based upon the plan's annual total rate of return for the pension funds, as computed by the actuaries or the City, for those years and completed months, within 90 days after his reemployment date. A reemployed member may also repay only a portion of the withdrawn funds with interest and receive a like credit for continuous service; however, repayments, whether partial or total, shall only be permitted once within the 90-day limit. ``EARNINGS". Basic wages paid to a member, excluding overtime, bonuses and any other non-regular payments. "EFFECTIVE DATE". April 22, 1974. "EMPLOYEE". All employees of the City classified as full-time sworn police officers, as defined on the effective date in F.S. Sect. 185.02, or classified as police officers in training, or classified as volunteer or regular full-time firefighters, as defined on the effective date in F.S. Sect. 175.032, but shall exclude all dvilian members of the Police and Fire_- Rescue Departments, and the Police Chief and Fire-Rescue Chief upon their written election not to participate in the system. ``FUND". The Trust Fund established herein as part of the system. "MEMBER". An employee who fulfills the prescribed participation requirements. "SPOUSE". The lawful wife or husband of a member at time of retirement and death. ``SYSTEM". The City Police and Firefighters Retirement System as contained herein and all amendments thereto. Section 33.67 OTHER PROVISIONS. (A) Discharged members. Members entitled to a pension shall not forfeit the same upon dismissal from the depaxm~ent, but shall be retired as herein described. (B) Recovery from disability. In the event a member who has been retired on a disability benefit regains his health and is able to perform his duties in the Police Depaxlment or Fire-Rescue Department, the Board of Trustees shall require the member to resume employment with the respective depaxunent and discontinue the pension; provided that if a member shall after resuming his position pay into the Fund an amount equal to the aggregate contributions plus interest at a rate to be determined by the Board (computed upon his annual earnings at the time of his disability retirement) he would have been required to make hereunder, as determined by the Board, during the period of his disability 4 ORD. NO. 46-02 retizement had he not been retized, the member shah receive creditable service for the period of disability retizement. In any event, a member shah retain credit for the period of continuous service prior to the date of disability. (C) Nonassignability. No benefit provided for herein shall be assignable or subject to garnishment for debt or for other legal process. (13) Duration of benefits. Benefits granted to members shall be paid to them for life and shah not be revoked nor in any way diminished except as provided in this subchapter and the payments of the member to this Fund shah cease upon his retirement and acceptance of a benefit or thirty (30) years of continuous service or termination. (E) Pension validity. The Board of Trustees shall have the power to examine into the facts upon which any pension shah heretofore have been granted under any prior or existing law, or shall hereafter be granted or obtained erroneously, fraudulently, or illegally for any reason. The Board is empowered to purge the pension rolls of any person heretofore granted a pension under prior or existing law or hereafter granted under this subchapter if the same is found to be erroneous, fraudulent, or illegal for any reason; and to reclassify any pensioner who has heretofore under any prior or existing law, or who shall hereafter under this subchapter be erroneously, improperly or illegally classified. (F) Incompetents. If any member or beneficiary is a minor or is, in the judgment of the Board, otherwise incapable of personally receiving and giving a valid receipt for any payment due him under the system, the Board may, unless and until claims shah have been made by a duly appointed guardian or committee of that person, make the payment or any part thereof to the person's spouse, children or other person deemed by the Board to have incurred expenses or assumed responsibility for the expenses of that person. Any payment so made shall be a complete discharge of any liability under the system for the payment. (G) Miscell~_neous provisions. (1) The Board will furnish the actuary with aH data required for necessary actuarial computations under the plan. (2) No payment or any benefit, contribution or other sum which would constitute a violation of any applicable wage control law shah be made hereunder. (3) The benefits for any person who was a member under F.S. Chapters 175 and 185, mediately prior to the effective date of this subchapter, shall not be less than those which he would have received under the plan prior to the effective date based on his rate of earnings in effect as of the effective date. 5 ORD. NO. 46-02 Section 2. That Tide IX, "General Regulations," Chapter 96, "General Provisions", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: GENERAL PROVISIONS Section 96.01 PERMITS REQUIRED FOR NEW MATERIALS, PROCESSES OR OCCUPANCIES. The City Manager, the Chief of the Fire-Rescue Department, and the Chief of the Bureau of Fire Prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in the code. The Chief of the Bureau of Fire Prevention shall post that list in a conspicuous place in his office, and distribute copies thereof to interested persons. Section 96.02 INSPECTIONS REQUIRED. All owners or occupants of buildings are required to permit the Chief of the Fire_- Rescue Department, or his designee, to inspect or to have inspected, their buildings or premises to see that this chapter is complied with, and it is made the duty of the Chief of the Fire-Rescue Depaxmient, or his designee, to make or cause to be made an inspection whenever and wherever he may suspect a violation of this chapter. Section 96.03 ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF LIQUEFIED PETROLEUM GASES TO BE RESTRICTED. The limits referred to in Section 21.6 of the Fire Prevention Code, in which bulk storage of liquefied petroleum gas is restricted, shall be in accordance with the zoning ordinances. Section 96.04 OPEN BURNING. (A) It shall be unlawful to have any open burning within the city limits on public or private property except for fire training purposes or recreational or ceremonial occasions for which written permits from the Fire-Rescue Department are required. (B) No permits will be issued for any open burning on the public beach. (C) Open burning means any outdoor fire or open combustion of material excepting barbecuing. 6 ORD. NO. 46-02 (D) Any person who violates these provisions and the owner of the land who allows these violations shall be guilty of a violation. (E) The prohibition of open burning contained in subsection (A) above shall not apply to the use of air curtain incinerations, provided that such air curtain incinerator process has received all of the necessary and applicable permits from other governmental regulatory agendes with such jurisdiction, and further subject to the express approval of the Chief of the Fire-Rescue Depaxi~,xent as to the issue of overall safety of the property and neighboring properties for the use of such a procedure. Section 96.05 FIRE HYI)~S. (A) All fire hydrants shall be placed in a position so as to be accessible at all times from a paved road no less than 24 feet in width. (B) Fire hydrant spacing shall be in accordance with the following: (1) In single family and duplex residential districts, not more than 500 feet between hydrants. (2) In multi-family residential districts (townhouses, garden apa~m~ents, cluster developments and the like, and similar buildings two stories or less in height), not more than 400 feet between hydrants. (3) In multi-family residential districts with buildings more than two stores in height, all commercial districts, all business districts, all industrial districts, and special hazard applications, not more than 300 feet between hydrants. (4) Areas with divided or multi-lane road systems should have hydrant distribution on both sides of the highway, with curb and median cuts considered, utilizing spacing criteria listed above when existing and proposed parallel mains will support this criteria. (5) Measurement of spacing shall be by way of road travel. (C) No object, structure, planting or obstruction of any kind shall be permitted within a five-foot radius of any fire hydrant or Fire-Rescue Depaxmxent connection. A three-foot wide opening, free of all obstructions, shall be maintained at all times. Section 96.06 APPEALS. 7 ORD. NO. 46-02 Whenever the Chief of the Fire-Rescue Depa~Urxent shall disapprove an application or refuse to grant a license or permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire-Rescue Depat~lxent to the board of Adjustment within thirty (30) days from the date of the decision appealed. Section 96.07 EXEMPTIONS. (A) The Chief of the Fire-Rescue Depax~aent or the Chief of the Bureau of Fire Prevention shall have the power to modify any of the provisions of the fire code other than the provisions of any state minimum codes under the following circumstances: (1) A written application has been sent to the fire official by the owner or the authorized agent of the owner demonstrating either of the following: (a) That there are practical difficulties which prevent strict adherence to the code requirements and that the requested modification to the code requirements is in keeping with the spirit of the code and shall not jeopardize public safety. (b) That a change to an existing code imposing a new requirement on existing structures placed a previously confonning structure in violation of the code; that the requirement in question would necessitate the installation of a sprinkler system or a structural alteration to the building other than a change in a window, door or locking device, or the necessity for more than minor holes; that the new requirement does not result specifically from a change in the use of the structure; that the granting of the exemption does not pose a hazard to the public or to the occupants of the structure; that the owner agrees to post any notices requited by the Fire-Rescue Depaxtix~ent warning the public or the occupants of the noncompliance; and that further the owner's decision not to comply with the retroactive code provision. This exemption shall not be available in circumstances where the requirement to modify an existing building resulted from an alteration to the portion of the structure containing the nonconformity, or from repairs or alterations to the structure which exceed fifty percent (50%) of the assessed value of the structure. (2) The particulars of any modification or exemptions granted under this section shall be recorded in the files of the Fire-Rescue Depaxu,,ent and a signed copy shall be provided to the applicant. (15) Modifications to state minimum codes shall be controlled by the provisions of those codes which set standards or conditions for granting exemptions to the minimum code. 8 ORD. NO. 46-02 Section 96.08 HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE; RECOVERY OF COST. (A) Definition~: (1) "Cost". Those necessary and reasonable expenses incurred by the city in connection with investigating, mitigating, minimizing, removing or abating the release of hazardous substances and hazardous waste, including but not limited to the actual labor cost of city personnel or its agents; cost of equipment operation and rental; cost to prevent or minimize mitigation off-site; as well as the recovery of costs of any actions that the city may take in this regard out of the city's jurisdiction or off-site; and the cost of expendable items including, but not limited to, firefighting foam, chemical exfinguis~g agents, absorbent materials, sand, recovery drums, chemical protective clothing, gloves, and testing equipment. (2) "RELEASE". Any intentional or unintentional action or omission resulting in the release or substantial threat of a release, spillage, pumping, pouting, emitting, emptying or dumping of a hazardous substance or hazardous waste upon public or private property located within the corporate limits of the city. (3) "HAZARDOUS SUBSTANCE OR HAZARDOUS WASTE". Any substance or material in a quantity or form, which in the determination of the ~ Chief of the Fire-Rescue Dcpaxi~nent or his authorized designee, poses an unreasonable and imminent risk to the life, health, safety or welfare of persons or property within the city including, but not limited to, those substances listed in the National Fire Protection Association's "Guide on Hazardous Materials", the EPA's list of "Extremely Hazardous Substances" or the "Florida Substance IAst", promulgated by the State Depaxm~ent of Labor and Security, or by C.R.C.L.A. in 40, C.F.A. 300.6. (4) "PERSON". One or more individuals, partnerships, corporations, joint ventures, associations or any other entities or any combination thereof. (B) Authority to initiate action: (1) The Fire-..Re~cue Depa~iixient is hereby authorized to take or cause to be taken, such steps as may be necessary to clean up, remove or abate the effects of any hazardous substance or hazardous waste discharged or released upon or into public or private property or facilities located within the corporate limits of the city, and any actions associated therewith which occur off-site designed to mitigate a hazardous substance or hazardous waste release or discharge. 9 ORD. NO. 46-02 (2) Any person or persons responsible for causing or allowing a discharge or release of hazardous substance or hazardous waste that requires emergency action by the Fire-Rescue Deparlaxlent of the city or its authorized agents, in order to protect the health, safety or welfare, shall be strictly liable both jointly and severally to the dty for the cost incurred by the city in the investigating, mitigating, minimizing, removing and abating any such discharge. (3) When responding to the emergency caused by the unauthorized discharge or release or hazardous substances or hazardous wastes, the Fire-Rescue Depa~i~ment of the city shall keep a detailed record of the costs and expenses attributable thereto. (4) The authority to recover costs under this section shall not indude costs incurred for actual fire suppression serv/ces or other sendces which are normally supplied by the city's Fire-Rescue Deparunent or its authorized agent. (C) Recovery of costs of hazardous subst_aoce and hazanious waste cleanup. (1) Any person or persons responsible for causing or allowing an unauthorized discharge or release of hazardous substances or hazardous waste shall reimburse the city for the full amount of all costs, as defined herein, associated with the investigation, mitigating, minimizing, removing or abating any such discharge or release within a period of thirty 00) days after receipt of an itemized bill for such cost from the city. (2) Any person or persons responsible for causing or allowing an unauthorized discharge or release of hazardous substances or hazardous waste and who fails to reimburse the city within the time set forth in subsection (C)(1) hereof, shall be subject to a surcharge equal to $100 per day or ten Percent (10%) of the total amount of the bill, whichever is greater, for each additional day that the bill for such cost remains unpaid. O) The remedy provided for in this section shall be supplemental to, and in addition to, all other available remedies at law and equity. INSTA~ J.&TION OF FUEL TANKS Section 96.40 PERMIT REQUIRED. It shall be unlawful for any person to install, place, locate, bury, erect or maintain, or to aid or assist in the insta!!~tion, placing, locating, burying, erecting or maintaining of any tank designed or intended to be used for the storage of any chss I, II or III liquid, as defined and set forth in the Fire Prevention Code and the National Fire Code, and commonly used 10 ORD. NO. 46-02 for fuel, upon any property or premises within the city, unless there first be secured approval from the Fire-Rescue Department and a written permit from the Building Depaximent~ BURF_.~U OF FIRE PREVENTION Section 96.55 ESTABLISHMENT; DUTIES. (A) The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention in the Fire-Rescue Deparunent of the city which is established and which shall be operated under the supervision of the Chief of the Fire-Rescue DepaxUx,ent. Chief of the qualifications. service. The Chief in charge of the Bureau of Fire Prevention shall be appointed by Fire-Rescue Department on the basis of examination to determine his His appointment shall continue during good behavior and satisfactory (C) The Chief of the Fire-Rescue Depa~unent may detail those members of the Fire-Rescue Depaxunent as inspectors as shall from time to time be necessary. The Chief of the Fire-Rescue Depaxtment shall recommend to the City Manager the employment of technical inspectors, who, when authorization is made, shall be selected through an examination to determine their fimess for the position. The examination shall be open to members and nonmembers of the Fire-Rescue Depaxmxent, and appointments made after examination shall be for an indefinite term with removal only for cause. EMERGENCY MEDICAL SERVICES Section 96.65 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply: (A) "BASIC LIFE SUPPORT SERVICES". Basic life support services include the provision of treatment services rendered to patients which do not require invasive techniques, which include, but are not limited to, simple bandaging, minor splinting and simple immobilization, and may include transportation to a hospital by the Delray Beach Fire-ll;escue Depaxmaent. (B) "ADVANCED LIFE SUPPORT SERVICES". Advanced life support services are those types of patient treatment services which require advanced medical therapy, including, but not limited to: electrocardiographic monitoring; use of external pacemakers; defibrillation; intravenous therapy; medication administration; cardiopulmonary resuscitation; endotracheal inmbation; other advanced airway and artificial ventilator 11 ORD. NO. 4602 techniques; and may include transportation to a hospital by the Delray Beach Fire-Rescue Department. Section 96.67 COI.I.ECTION OF EMERGENCY MEDICAL SERVICE FEES. (A) The Fire-Rescue Department shall submit bills to patients or to the patient's insurance carrier for the provision of Basic Life Support or Advanced Life Support transportation. 03) Any bill remaining unpaid for a period of ninety (90) days shall be considered delinquent. Any delinquent bill shall incur interest at the rate of me percent (9%) per annum. The notice of an interest charge shall be included on the initial bill mailed to the patient. remedies. The City may collect delinquent charges through any and all available legal (D) The City Finance Department is hereby authorized to accept assignment at the maximum allowable rate of Medicaid, Medicare, and the Palm Beach County Health Care District benefits. (E) The City Finance Depazlzaent is hereby authorized to negotiate payment settlements of outstanding debts owed to the City for emergency services rendered when the debtor is unable to satisfy the outstanding balance due. Section 96.68 EMERGENCY MEDICAL SERVICES AND ADVANCED LIFE SUPPORT PROVIDER. (A) The Fire-Rescue Departinent is hereby authorized to obtain and maintain any and all necessary State of Florida licensing, vehicle permits and all necessary Palm Beach County Certificates of Public Convenience and Necessity (COPCN), pursuant to Chapter 401, Florida Statutes, and Palm Beach County EMS Ordinance, Palm Beach County Code, Chapter 13, and any subsequent applicable revised laws and ordinances, for the purpose of providing Advanced Life Support and all manner of emergency medical services as it applies to emergency medical and trauma treatment and emergency transportation services, in and for the City of Delray Beach. 03) The Fire-Rescue Depax/ment shall, upon obtaining all necessary licenses and certifications, be designated as the primary provider of Advanced Life Support and of all manner of emergency medical services as it applies to emergency medical and trauma treatment and emergency transportation setwices within the City limits of the City of Delray Beach. 12 ORD. NO. 464)2 Section 96.98 VIOLATIONS; NONCOMPLIANCE. (A) Any person who shall violate any of the provisions of any of the codes adopted in Sec. 96.16, including amendments thereto, or who shall violate or fail to comply with any order made hereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, from which no appeal has been taken, or who shall fail to comply with an order as affirmed or modified by the Chief of the Fire-Rescue Deparm~ent or his designate or by a court or competent jurisdiction, within the time fixed herein, shall severally for each and every violation and noncompliance respectively, be guilty of a violation. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all persons shall be required to correct or remedy those violations or defects within a reasonable time. When not otherwise specified, each thirty (30) days that prohibited conditions are maintained shall constitute a separate offense. 03) The application of a penalty shall not be held to prevent the enforced removal of prohibited conditions. Section 3. That Chapter 7, "Building Regulations", Article 7.8, "Unsafe Buildings or Structures", Sections 7.8.6, "Enforcement Officer Designated" and 7.8.8, "Authority to Make Inspections; Initiating Abatement", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 7.8.6 ENFORCEMENT OFFICER DESIGNATED The provisions of this chapter shall be enforced by the Chief Building Official and/or his designee. The Chief Building Official or his designee may utili~.e the Fire-Rescue DepaxU~ent, Code Enforcement Division, Environmental Services, etc. to aid in the enforcement of the provisions of this chapter. Section 7.8.8 AUTHORITY TO MAKE INSPECTIONS; INITIATING ABATEMENT: (A) The Chief Building Official or his designee, Building Inspectors, Code Enforcement Officers, Fire-Rescue Department Officials, etc. are authorized to make any inspections and recommend any actions to the Chief Building Official or his designee as may be required to enforce the provisions of this chapter. 03) After the Chief Building Official or his designee has determined that a building, structure, or portion thereof is unsafe, he may initiate proceedings to abate the unsafe conditions. 13 ORD. NO. 46-02 Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith, be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of .2002. MAYOR ATTEST City Clerk First Reading Second Reading 14 ORD. NO. 46-02 Thank you. Please change the publication date at the bottom of the ad to reflect Saturday, September 21, 2002. Sue ..... Original Message .... From.' Nancy Smith [mailto:nsmith@bocanews.com] Sent; Friday, September 20, 2002 :t1:17 AM To: 'Maloney, Susan' Subject: RE: Caption Ad for Ord. #46-02 Sue, ,Sorry I was away from my desk. That ad did not get in, I apologize it was my fault, can it run tomorrow! I have already scheduled it and it is done, if ok email or call. Nancy ---Original Hes__~ge---- From= Maloney, Susan [mailto:Maloney@d.delray-beach.fl.us] Sent: Friday, September 20, 2002 10:26 AN To: 'nsmith@Bocanews.com' Cc: Garito, Barbara; Mc'Ghee, Loretta Subject: Re: Caption Ad for Ord. #46-02 Nancy: I do not see this ad in the newspaper. It should have been published today. I have email indicating that we sent it to you on Wednesday, September 18, 2002. Please call me ASAP so we can ensure that this ad can be run on Saturday, September 21, 2002 since it did not appear in today's paper. Thank you. P.S. Please acknowledge receipt of this email.