Columbus, Georgia

1



AN ORDINANCE

NO.



An Ordinance revising various sections of Chapter 11 of the Columbus Code so

that said sections are consistent with the newly consolidated Department of

Fire and Emergency Medical Services; and for other purposes.

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THE COUNCIL OF COLUMBUS, GEORGIA HEREBY ORDAINS:



SECTION 1.





Section 11-8 of the Columbus Code is hereby deleted in its entirety and there

is substituted a new Section 11-8 to read as follows:



Sec. 11-8. Department of Fire and Emergency Medical Services.





(a) Establishment. The Department of Fire and Emergency Medical Services is

established to respond to emergencies and non-emergencies within the legal

boundaries of Columbus, Georgia. In addition, the department is authorized to

respond to emergencies with those jurisdictions having a written Mutual Aid

Agreement with the department.



(b) Adopted. Those certain rules and regulations adopted periodically by the

Safety Fire Commissioner as set forth in Title 25 of the Official Code of

Georgia Annotated are hereby adopted as rules and regulations pertaining to

certain buildings for the purposes of carrying out the provisions of said act.



(c) Enforcement--Generally. The Chief of the Department of Fire and Emergency

Medical Services shall enforce the provisions of this section. The Chief of

the Department of Fire and Emergency Medical Services of Columbus, Georgia,

shall be responsible for facilitating the enforcement of these regulations.



(d) Penalty for violation. Any person, firm, corporation or agent who shall

violate a provision of this chapter shall be guilty of an offense, punishable

as set forth in section 1-8 of the Columbus Code of Ordinances. Each day's

violation of a provision of this section shall constitute a separate offense.



SECTION 2.



Section 11-9 of the Columbus Code is hereby deleted in its entirety and there

is substituted a new Section 11-9 to read as follows:



Sec. 11-9. Service Area.



The fire and emergency medical services service area for Columbus, Georgia,

shall include the following areas, as defined herein:



The jurisdiction for the Department of Fire and Emergency Medical Services

shall include all areas within the incorporated boundaries of Muscogee County,

as defined in the Columbus Charter, Section 1-102.



SECTION 3.



Section 11-10 of the Columbus Code is hereby deleted in its entirety and there

is substituted a new Section 11-10 to read as follows:



Sec. 11-10. Membership.



Membership shall be composed of members of Fire Companies, Emergency Medical

Companies, Training/Special Ops, Logistics/Support, Administrative Services,

Emergency Management, Fire Prevention, and Budget/Procurement.



SECTION 4.



Section 11-11 of the Columbus Code is hereby deleted in its entirety and there

is substituted a new Section 11-11 to read as follows:



Sec. 11-11. Chief ? appointment.



The Mayor shall nominate a candidate and, with approval of a majority vote of

the Columbus Council, shall appoint the Chief of the Department of Fire and

Emergency Medical Services, as provided in the Columbus Charter.



SECTION 5.



Section 11-12 of the Columbus Code is hereby deleted in its entirety and there

is substituted a new Section 11-12 to read as follows:



Sec. 11-12. Same ? Duties ? Generally.



(a) The Chief of Fire and Emergency Medical Services shall be the chief

executive officer of the Department of Fire and Emergency Medical Services.

The Chief shall be responsible to the Mayor for the overall operations of the

department. The Chief of the Department of Fire and Emergency Medical Services

is the ranking officer of the department and shall have authority over all

personnel, sworn and non-sworn, within the department.



(b) The Chief shall be responsible for the selection, hiring, training,

assignment, promotion and appointment of all personnel. The Chief shall have

the authority to discipline, including the termination of, any departmental

personnel.



(c) The Chief is authorized to promulgate rules and regulations and to

establish policies and guidelines governing the conduct of departmental

employees and the activities and operations of the Department of Fire and

Emergency Medical Services. The Chief is responsible for the fiscal management

of the department and shall prepare and submit an annual budget to the Mayor

and City Manager, as directed.



(d) The Chief may delegate any of the responsibilities of the office to any of

the subordinates with the Department of Fire and Emergency Medical Services.



(e) The Chief is authorized to assign personnel as needed to conduct emergency

and non-emergency operations and to inspect buildings for compliance with the

most current standard fire prevention code as adopted by the State of Georgia.



(f) The Chief is authorized to assign personnel as needed for review of plans

of fire suppression/detection systems, hydrant placement review, exit

illumination and permit compliance for all areas within the responsibility of

the Columbus Department of Fire and Emergency Medical Services.



SECTION 6.



Section 11-13 of the Columbus Code is hereby deleted in its entirety and there

is substituted a new Section 11-13 to read as follows:



Sec. 11-13. Same-Control over equipment.



The Chief of the Department of Fire and Emergency Medical Services shall have

general control and supervision of all the equipment and of all the members of

the department, and shall be responsible for the condition and efficiency of

the same, and shall be in full command of all members of the department.



SECTION 7.



Section 11-14 of the Columbus Code is hereby deleted in its entirety and there

is substituted a new Section 11-14 to read as follows:



Sec. 11-14. Assistant Chief ? appointment.



There shall be two Assistant Chiefs appointed pursuant to the provisions of

Sec. 11-17.13 of this Chapter.



SECTION 8.



Section 11-15 of the Columbus Code is hereby deleted in its entirety and there

is substituted a new Section 11-15 to read as follows:



Sec. 11-15. Equipment--Managed by Department of Fire and Emergency Medical

Services.



The Department of Fire and Emergency Medical Services shall be empowered to

take charge and have the care and management of its equipment, vehicles, and

other supplies for mitigating emergencies and non-emergencies.



SECTION 9.



Section 11-16 of the Columbus Code is hereby deleted in its entirety and there

is substituted a new Section 11-16 to read as follows:









Sec. 11-16. Same - Tampering with, injuring.



It shall be unlawful for any person to willfully and knowingly injure or

damage, in any way, or by any means whatsoever, any equipment, vehicles, or

other supplies used for mitigating emergencies and non-emergencies.



SECTION 10.



Section 11-17 of the Columbus Code is hereby deleted in its entirety and there

is substituted a new Section 11-17 to read as follows:



Sec. 11-17. Fire hydrant, tampering with, authorized wrench, leaving valve

open.



(a) An operational permit is required to use or operate fire hydrants or valves

intended for fire suppression purposes which are installed on water systems and

accessible to a fire apparatus access road that is open to or generally used by

the public. Permits are obtained through the Columbus Water Works.



(b) It shall be unlawful for any person, other than an authorized officer or

employee of the city, to open or attempt to open any fire hydrants owned or

rented by the City without a permit.



(c) It shall be unlawful for any person to open or attempt to open any of the

hydrants in any other manner than by the use of the regulation fire hydrant

wrench.



(d) It shall be unlawful for any person to tamper with or to leave a valve or

hose connection open or in anyway damage any of such fire hydrants.



SECTION 11.



Section 11-20 of the Columbus Code is hereby deleted in its entirety and there

is substituted a new Section 11-20 to read as follows:



Sec. 11-20 Same--Application, information required, vehicles to which

provisions not applicable.



Application for a permit shall be made to the Chief of the Department of Fire

and Emergency Medical Services in writing and shall state the location of the

building and the quantity of gasoline, benzene, benzol, naphtha, or other

flammable and combustible liquids which the applicant desires to keep in

storage or for sale; provided, however, no provision in this chapter is

intended to prohibit the carrying of gasoline or diesel in the storage tanks of

automobiles or other gasoline or diesel-driven vehicles.



SECTION 12.



Section 11-21 of the Columbus Code is hereby deleted in its entirety and there

is substituted a new Section 11-21 to read as follows:



Sec. 11-21. Fire Prevention.



(a) The Chief of the Department of Fire and Emergency Medical Services shall

appoint a Fire Marshal/Division Chief of the Fire Prevention Division.



(b) Adopted: There is hereby adopted for the purpose of prescribing

regulations governing hazardous conditions from fire or explosion in Columbus,

Georgia, the most current Fire Prevention Code as adopted by the State of

Georgia, including State of Georgia amendments, except such portions as are

hereinafter deleted or amended.



(c) Applicability: The most current Fire Prevention Code as adopted by the

State of Georgia is adopted and incorporated into the Columbus Code of

Ordinances as fully as if set out at length herein and the provisions thereof

shall be controlling within the geographical limits of Columbus, Georgia. The

council also adopts any subsequent edition of the Standard Fire Prevention

Code.



(d) Copies on file: A copy of the most current Fire Prevention Code as adopted

by the State of Georgia and any subsequent edition shall be kept in the office

of the Chief of the Department of Fire and Emergency Medical Services and such

code constitutes a public record, copies of any portion or the whole of which

shall be made on request for members of the public upon payment of reasonable

costs of copying.



(e) Scope: This code establishes regulations affecting or relating to existing

structures, processes and premises and safeguards from the hazard of fire and

explosion arising from the storage, handling or use of structures, materials

or devices; from conditions hazardous to life, property or public welfare in

the occupancy of structures or premises from fire hazards in the structure or

on the premise from occupancy or operation: and, matters related to the

construction, extension, repair, alteration or removal of fire suppression and

alarm systems.



(f) Intent: The purpose of this code is to establish the minimum requirements

consistent with nationally recognized good practice for providing a reasonable

level of life safety and property protection from the hazards of fire,

explosion or dangerous conditions in new and existing buildings, structures and

premises.



(g) Severability: If a section, subsection, sentence, clause or phrase of this

code is, for any reason, held to be unconstitutional such decision shall not

affect the validity of the remaining portions of this code.



(h) Validity: In the event any part or provision of this code is held to be

illegal or void, this shall not have the effect of making void or illegal any

of the other parts or provisions hereof, which are determined to be legal: and

it shall be presumed that this code would have been passed without such illegal

or invalid parts or provisions.



(i) Administrative operational and maintenance provisions: The administrative,

operational and maintenance provisions of this code shall apply to:



(1) Conditions and operations arising after the adoptions of this code; and



(2) Existing conditions and operations.



(j) Referenced codes and standards: The codes and standards referenced in this

code shall be those that are listed in Chapter 45 of the most current Fire

Prevention Code as adopted by the State of Georgia and such codes and standards

shall be considered part of the requirements of this code to the prescribed

extent of each such reference. Where differences occur between the provisions

of this code and the referenced standards, the provisions of this code shall

apply.



(k) Subjects not regulated by this code: Where no applicable standards or

requirements are set forth in this code, or are contained within other laws,

codes, regulations, ordinances or bylaws adopted by the jurisdiction,

compliance with applicable standards of the National Fire Protection

Association or other nationally recognized fire safety standards as are

approved shall be deemed as prima facie evidence of compliance with the intent

of this code. Nothing herein shall derogate from the authority of the Chief of

Fire and Emergency Medical Services? official to determine compliance with

codes or standards for those activities or installations within the Fire and

Emergency Medical Services? official jurisdiction or responsibility.



(l) Matters not provided for: Requirements that are essential for the public

safety of an existing or proposed activity, building or structure, or for the

safety of the occupants thereof, which are not specifically provided for by

this code shall be determined by the Chief of the Department of Fire and

Emergency Medical Services or designee.



(m) Conflicting provisions: Where there is a conflict between a general

requirement and a specific requirement, the specific requirement shall be

applicable.



(n) General: The Fire Prevention Division is established within the

jurisdiction under the Chief of the Department of Fire and Emergency Medical

Services. The function of the Division shall be the implementation and

enforcement of the provisions of this code as they pertain to the

responsibilities of the Department of Fire and Emergency Medical Services.



(o) Modifications: Whenever there are practical difficulties involved in

carrying out the provisions of this code, the Chief of Fire and Emergency

Medical Services shall have the authority to grant modifications for individual

cases, provided the Chief of the Department of Fire and Emergency Medical

Services shall first find that special individual reason makes the strict

letter of this code impractical and the modification is in compliance with the

intent and purpose of this code and that such modifications does not lessen

health, life and fire safety requirements. The details of action granting

modifications shall be recorded and entered in the files of the Fire Prevention

Division.



(p) Fire investigations: The Department of Fire and Emergency Medical Services

shall have the authority to investigate the cause, origin and circumstances of

any fire or other hazardous condition. Information that could be related to

trade secrets or processes shall not be made part of the public record except

as directed by a court of law.



(q) Assistance from other agencies: Law enforcement and other enforcement

agencies shall render necessary assistance in the investigation of fires when

requested to do so.



(r) Authority at fires and other emergencies: The officer of the Department of

Fire and Emergency Medical Services in charge at the scene of a fire or other

emergency involving the protection of life, property or the environment or any

part thereof, shall have the authority to direct such operation as necessary to

extinguish or control any fire, perform any rescue operation, investigate the

existence of suspected or reported fires, gas leaks or other hazardous

conditions or situations, or take any other action necessary in the reasonable

performance of duty. In the exercise of such power, the officer is authorized

to prohibit any person, vehicle, vessel or thing from approaching the scene and

is authorized to remove, or cause to be removed or kept away from the scene,

any vehicle, vessel or thing which could impede or interfere with the

operations of the department and, in the judgment of the Chief or officer, any

person not actually and usefully employed in the extinguishing of such fire or

in the preservation of property and the environment in the vicinity thereof.



(s) Obstructing operations: No person shall obstruct the operations of the

department in connection with extinguishment or control of any fire, or actions

relative to other emergencies, or disobey any lawful command of the Chief or

officer of the department in charge of the emergency, or any part thereof, or

any lawful order of a law enforcement officer assisting the Department of Fire

and Emergency Medical Services.



(t) Systems and devices: No person shall render a system or device inoperative

during an emergency unless by direction of the Chief or department official in

charge of the incident.



(u) Enforcement: The Chief of the Department of Fire and Emergency Medical

Services of Columbus, Georgia, shall be responsible for facilitating the

enforcement of these regulations as they pertain to emergencies and the most

current Fire Prevention Code as adopted by the State of Georgia, as it applies

to existing buildings and fire alarm notification systems, hydrant placement

review, and or fire suppression systems in new construction, and shall make

inspections of existing buildings identified in the Georgia Fire Laws and

Regulations Annotated and shall be responsible for investigating all fires for

cause and origin.



(v) The Chief of the Department of Fire and Emergency Medical Services may

designate such members of the Department of Fire and Emergency Medical Services

as inspectors and investigators for the purpose of otherwise enforcing the Fire

Prevention Code, as shall be necessary.



SECTION 13.



Section 11-25 of the Columbus Code is hereby deleted in its entirety and there

is substituted a new Section 11-25 to read as follows:



Sec. 11-25. Appeals.



Whenever the Chief of the Department of Fire and Emergency Medical Services or

the Chief?s designee shall disapprove an application or refuse to grant a

permit, the applicant may appeal from the decision to the Columbus Council if

such appeal is filed in writing with the Clerk of Council within thirty (30)

days of the date of the decision.



SECTION 14.



Section 11-26 of the Columbus Code is hereby deleted in its entirety and there

is substituted a new Section 11-26 to read as follows:



Sec. 11-26. Conflict with building code.



It is the intent hereof that in the event of any conflict with the provisions

of this article and of the provisions of the building code for Columbus, that

such building code provisions shall prevail and the same are not repealed

hereby.



SECTION 15.



Section 11-27 of the Columbus Code is hereby deleted in its entirety and there

is substituted a new Section 11-27 to read as follows:



Sec. 11-27. Penalties.



(a) Any person who shall violate any of the provisions of the code hereby

adopted or fail to comply therewith, or who shall violate or fail to comply

with any order made thereunder, or who shall build in violation of any detailed

statement of specifications or plans submitted and approved thereunder, or any

certificate or permit issued thereunder, and from which no appeal has been

taken, or who shall fail to comply with such an order as affirmed or modified

by the Council of Columbus or by a court of competent jurisdiction, within the

time fixed herein, shall be punished by said court as set forth in Section 1-8

of this Code. The imposition of one penalty for any violation shall not excuse

the violation or allow the violation to continue. All such persons shall be

required to correct or remedy such violations or defects within a period of ten

(10) days or such other time period specified by the recorder or a judge having

jurisdiction of the offense.



(b) The application of the above penalty shall not be held to prevent the

enforced removal of prohibited conditions.



(c) It shall be unlawful to park a vehicle in a fire lane designated and marked

in accordance with the most current Fire Prevention Code as adopted by the

State of Georgia; violators shall be fined a minimum of $50.00 for each

violation.



SECTION 16.



Section 11-28 of the Columbus Code is hereby deleted in its entirety and there

is substituted a new Section 11-28 to read as follows:



Sec. 11-28. Revocation.



(a) The Chief of the Department of Fire and Emergency Medical Services is

authorized to revoke a permit issued by the Department under the provisions of

the most current Fire Prevention Code as adopted by the State of Georgia or

other applicable standard when it is found by inspection or otherwise that

there has been a false statement or misrepresentation as to the material facts

in the application or construction documents on which the permit or approval

was based including, but not limited to any one of the following:



1. The permit is used for a location or establishment other than that for which

it was issued.



2. The permit is used for a condition or activity other than that listed in the

permit.



3. Conditions and limitations set forth in the permit have not been adhered to.



4. There have been any false statements or misrepresentations as to the

material fact in the application for permit or plans submitted or a condition

of the permit.



5. The permit used by a different person or firm than the name for which it was

issued.



6. The permits failed, refused or neglected to comply with orders or notices

duly served in accordance with the provisions of the most current Fire

Prevention Code as adopted by the State of Georgia within the time provided

therein.



7. The permit was issued in error or in violation of an ordinance or regulation

of the most current Fire Prevention Code as adopted by the State of Georgia.



(b) In all cases of revocation, the applicant shall be granted a hearing by the

Chief of the Columbus Department of Fire and Emergency Medical Services within

seven (7) days of the date of revocation.



SECTION 17.



Article V of Chapter 11 of the Columbus Code is hereby deleted in its entirety

and there is substituted a new Article V of Chapter 11 to read as follows:





Article V. Emergency Management Director.



Section 11-29. Duties.



The Chief of the Department of Fire and Emergency Medical Services shall have

an Emergency Management Deputy Director who shall coordinate with the following

staffs and operating agencies within the consolidated government to insure that

the following duties and responsibilities are adequately met:





Department or Agency Functions

(1) Mayor of Columbus Direct and control public information

(2) Columbus Police Department Communication warning, police services and evacuation

(3) Emergency management agency State military support, training, predamage

assessment, public property assistance, attack preparedness, in-place

protection, food services

(4) Department of Fire and Emergency Medical Services Fire services, hazardous

materials, radiological protection, chemical and biological protection, search,

rescue recovery, emergency medical

(5) Columbus Public Services Engineering, petroleum and solid fuel, utilities

(6) Muscogee County School District Transportation services

(7) Columbus Department of Health Health and medical services

(8) Clerk of Council Administrative services, resources management

(9) Department of Family and Children Services Social services

(10) Housing Authority of Columbus Shelter and temporary housing





SECTION 18.



Article II of Chapter 2 of the Columbus Code is hereby renumbered

as Article VI of Chapter 11 and Section 2-21(e) of said Article II is hereby

deleted in its entirety.



SECTION 19.



Sections 11-7, 11-22, and 11-24 of the Columbus Code are hereby deleted in

their entirety.



SECTION 20.



All ordinances or parts of ordinances in conflict with this ordinance, are

hereby repealed.



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Introduced at a regular meeting of the Council of Columbus, Georgia held on the

______ day of ________, 2003; introduced a second time at a regular meeting of

said Council held on the ______ day of ________, 2003, and adopted at said

meeting by the affirmative vote of ________ members of said Council.







Councilor Allen voting ____________.

Councilor Anthony voting __________.

Councilor Davis voting ____________.

Councilor Henderson voting ________.

Councilor Hunter voting ___________.

Councilor McDaniel voting _________.

Councilor Pugh voting _____________.

Councilor Rodgers voting __________.

Councilor Suber voting ____________.

Councilor Woodson voting __________.









__________________________ ________________________

Tiny B. Washington Robert S. Poydasheff

Clerk Mayor