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HomeMy WebLinkAbout4367 ORDINANCE NO. /7/'-56 ~ AN ORDINANCE repealing Chapter 5.50 of the Bremerton Municipal Code and adopting a new Chapter providing for ambulance service licensing and rotation of providers of 911 requested calls within the City of Bremerton. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Repeal/New Chapter. Chapter 5.50AMBULANCES, is hereby repealed and a new Chapter 5.50, AMBULANCES, is adopted to read as follows: 5.50.010 DEFINITIONS. For the purposes of this chapter, the following definitions shall apply: (a)(1) "Advanced life support" (ALS) means those services requiring medical treatment by a certified paramedic. (2) "Aid call" means any 911 initiated call, request or dispatch for emergency medical treatment. (3) "Ambulance" means any privately or publicly owned ground transportation vehicle that is especially designed, constructed, equipped, maintained or used for the transportation of patients who are sick, injured or otherwise incapacitated, which is operated as part of an ambulance service. (4) "Ambulance service" means any person, as defined in this section, who operates an ambulance for hire which is either stationed within or without the City or dispatched from within or without the City to pick up injured or sick fares within the City or which makes trips to the City, from points outside its City limits, for the purpose of transporting sick or injured fares from points within the City; Provided, however, That the provision of this chapter shall not apply to any ambulance which shall pass through the City 1 in the delivery of fares picked up at points beyond the limits of the City. (b)(1) "Basic life support" (BLS) means those medical services which can be performed by one who is a certified emergency medical technician. (c)(1) "Cencom (911)" means the Central Communication Emergency Dispatch Center. (2) "Communication system" means two-way radio communications equipment necessary for communication between ambulances, dispatchers, hospitals and other agencies as needed, including those with a four-band multifrequency capability. (e)(1) "Emergency" means a situation or patient condition (i) in which either of the administration of a drug (except oxygen) or initiation of an intravenous line is performed; or (ii)in which a person requesting ambulance assistance requires immediate response by medically trained personnel; or (iii) which an EMT would assess, in the interest of good patient care, to require the assistance of at least a paramedic certified pursuant to RCW 18.71 and regulations promulgated thereunder. (2) "Emergency medical technician" (EMT) means a person who is certified as such by the Secretary, pursuant to RCW 18.73 and regulations promulgated thereunder. (m)(1) "Mutual aid" refers to situations in which a licensed non-emergency BLS ambulance service is required, as determined by the Fire Department, to make ambulances and personnel available for emergency response under the City's direction. (p)(1) "Patient" means an individual who is sick, injured, wounded or otherwise incapacitated or helpless. (2) "Person" means any individual, firm, partnership, association, corporation, 2 company, or group of individuals acting together for a common purpose or organization of any kind, including any governmental agency other than the United States. (s)(1) "Secretary" means the Secretary of the Department of Health of the State of Washington. 5.50.020 APPLICABILITY. (a) The provisions of this chapter shall apply to non-emergency BLS ambulance services operating within the City of Bremerton limits. (b) Ambulance services providing ALS and BLS interfacility transports shall follow the guidelines established under RCW 18.71, Kitsap County EMS Council and Kitsap County Medical Program Director. 5.50.030 LICENSE REQUIRED - APPLICATION. (a) No person, firm, or corporation shall operate or cause to be operated an ambulance or ambulance service within the City without first obtaining a regulatory license in addition to a business license. No person, firm, or corporation (other than the City Fire Department) shall operate or cause to be operated emergency ALS ambulance service within the City limits, except as provided in Section 5.50.120. (b) An application to operate an ambulance or ambulance service shall contain the following information: (1) A description of each ambulance, including the make, model, year of manufacture, motor chassis and VIN number, together with current state license number; the length of time the ambulance has been in use and the color scheme, insignia, name, 3 monogram or other distinguishing characteristics to be used to designate applicant's ambulance. (2) The location and description of the place or places from which the ambulance service is intended to operate and the number of licensed EMT's to be initially employed. (3) In the event that the applicant is granted a license, the applicant shall be required to immediately update its application when there is a change in any of the items listed on the application. The failure of the license holder to update its application upon a change in any of the required items will result in a violation of this chapter. (c) Upon receiving an application and the fee, the City Clerk shall forward the application to the Fire Chief for review and approval. No license shall be issued unless the Fire Chief is satisfied, pursuant to policies duly adopted, that (1) the applicant is properly certified by the State; (2) the applicant's facilities, ambulances, and equipment meet State and local standards; (3) employees of applicant are EMT certified and in good standing; (4) a record check of the applicant and its employees shows no criminal convictions within five years prior to the date of application of federal, state or local laws involving the custody of incapacitated persons, the custody of narcotic or controlled substances, or the use of motor vehicles; (5) the applicant has fulfilled all the requirements of the laws of the state, including, but not limited to, RCW Chapter 18.73 and WAC 248-17, as those chapters cur- rently exist or are hereafter amended, pertaining to emergency medical care and transportation services and ambulance rules and regulations; (6) the applicant has met all the requirements of this chapter; (7) all personnel employed by the applicant are licensed 4 by the City to operate the ambulances of the applicant. 5.50.040 INSURANCE. Applicant shall obtain from a reputable insurance company and, at all times, maintain in full force the following insurance in the amount of not less than $1,000,000.00 each: (1) comprehensive general liability, (2) automobile liability for all vehicles, and (3) professional liability. Applicant shall provide an insurance certificate to this eff~t, naming the City of Bremerton as an additional insured prior to the issuance of a license. Such policies shall also provide for not less than thirty (30) days written notice, to the City Clerk of intended cancellation of coverage. The cancellation and/or termination of any such policy shall automatically revoke and terminate any license issued for the ambulance service, unless a substitute insurance policy complying with the provisions of this section shall be provided and be in effect at or prior to the time of such cancellation or termination. 5.50.050 AMBULANCE PERSONNEL -LICENSE REQUIRED. (a) No person shall operate an ambulance or attend patients unless the driver/attendant has been issued a regulatory license pursuant to the provisions of this chapter. (b) No ambulance shall be operated without at least two persons, each of whom shall be an emergency medical technician (EMT), or person licensed or certified by the State as having at least an equivalent or higher level of training, and who shall hold a valid Washington State driver's license. 5.50.060 APPLICATION FOR AMBULANCE DRIVER/ATTENDANT LICENSE. An application for an ambulance driver or attendant license shall be verified under oath and shall contain the following information: (a) Verification of EMT certification; (b) Verification of the possession of a valid Washington state drivers license; (c) A copy of the applicant's driving record; (d) A concise history of employment; and (e) Photograph and finger prints of the applicant. 5.50.070 GROUNDS FOR DENIAL, SUSPENSION OR REVOCATION OF AMBULANCE SERVICE LICENSE OR DRIVER/ATTENDANT LICENSE. The conviction of an applicant for, or holder of, an ambulance driver/attendant or ambulance service license of a criminal violation of federal, state or local laws involving the custody of incapacitated persons, the custody of narcotic or controlled substances or involving the use of motor vehicles within five (5) years of the date of application for said license shall be grounds for denial, suspension or revocation of said application or license. 5.50.080 AMBULANCES AND EQUIPMENT. (a) Ambulances shall be maintained and inspected pursuant to requirements from time to time adopted by the Secretary. All licensees shall provide the Fire Department with copies of reports of inspection submitted to the Secretary pursuant to RCW 18.73.145. (b) Inspection by the City: In addition to any other inspection required by state law, the Fire Department shall inspect the records, equipment, and accessories of all licensees under this chapter at least twice annually. Said regular inspections shall take place during the months of January and July. Additionally, the Fire Department shall conduct individual 6 inspections of licensees within three days of the receipt of any complaint about the licensee. Notwithstanding the above required inspections or any other provision of this chapter, the Fire Department may, at all reasonable times, inspect the records, equipment and accessories of any licensee under this chapter. (c) The licensee shall pay an inspection fee for each semiannual inspection required under this chapter. Each licensee shall further pay an inspection fee for each inspection prompted by complaint; Provided, however, That no complaint-prompted inspection fee shall be paid where the Chief of the Bremerton Fire Department has determined the complaint to be unwarranted and without substantial merit. All inspection fees shall be prepaid to the City Treasurer. Proof of payment must be provided before inspections commence. Any deficiencies identified during inspection shall be remedied within 30 days or the ambulance service license shall be subject to suspension or revocation. (d) All ambulances and equipment storage and cleaning areas shall be subject to inspection by the Fire Department, during operating hours, to ensure that they are maintained in a clean and functional state. Disinfection or chemical sterilization of reusable equipment must meet guidelines established by the National Center for Disease Control. (e) Licensees shall take immediate action to eliminate any unsanitary condition upon becoming aware of such and shall immediately correct any unsafe situation as directed by the Fire Chief or the Secretary by written notice. (f) Ambulances shall not be used without the minimum equipment prescribed by the Secretary. In the event a variance from said requirements is granted by the State, the 7 licensee must obtain a similar variance from the Fire Department. 5.50.090 PERFORMANCE STANDARDS - COMPLIANCE - RECORDS. (a) All services performed hereunder shall be in accordance with the standards and principles of the course of instruction given EMTs or paramedics, as the case may be, by the State, and pursuant to local medical protocols established from time to time by the Kitsap County Medical Program Director. (b) Records of 911 initiated calls shall be logged by ambulance crews and shall include the appearance and status of and treatment administered to injured, sick, or incapacitated persons treated or transported. Copies of such records shall be mailed or otherwise delivered to the Kitsap County EMS Office on a weekly basis, or more often if requested for good cause. Subject to the requirements of the State Public Disclosure Act, such records shall be confidential and shall be released only to proper officials of the City or Kitsap County EMS Office. 5.50.100 EMERGENCY NOTIFICATION. In the event a call for emergency medical assistance is received by licensee or a representative thereof, the caller shall be directed to call Cencom (9-1-1) and the ambulance company representative shall also call Cencom (9-1-1). 5.50.110 RESPONSE TO 911 INITIATED AID CALLS. (a) At each aid call to which a City Fire Department ambulance responds, the Fire Department officer in charge shall determine whether the patient is in need of advanced life support (ALS) or basic life support (BLS) services. If the officer decides that the patient is in need of advanced life support services, the patient shall be transported to a hospital in a City Fire Department ambulance if available. Provided, however, If the patient's medical interests would be best served by transporting the patient by private ambulance, the officer in charge may arrange for the patient to be transported in that manner. (b) No effort shall be made by the licensee to assume the custody of a patient before release of custody has been made by the Fire Department officer in charge. (c) It is unlawful for a licensee, in responding by vehicle to any call requested by the Bremerton Fire Department, to use emergency lighting or siren, unless (1) responding to emergencies or transporting a patient in accordance with the mutual aid provisions of this chapter or (2) directed to do so by Bremerton Fire Department. (d) In the event there is more than one licensed ambulance service operating in the City which seeks to participate in the 911 aid calls, a representative and/or representatives from each ambulance service shall meet and devise a rotation schedule that shall be submit- ted to the City Clerk. Said schedule shall: (1) provide for only one company to respond to 911 initiated aid calls during any given month; (2) include a 12 month rotation; (3) be amended only upon 30 day notification to the City Clerk; and (4) provide for substitution by other ambulance service companies in the rotation under circumstances where an ambulance service has no ambulances available to provide service during its rotation. In the event a schedule is not submitted, the City Clerk shall prepare a rotation schedule that shall control the assignment of 911 aid calls to ambulance services licensed under this chapter. (e) Each licensee under this chapter shall keep available an adequate supply of ambulances, personnel and equipment which will enable it to respond to a 911 call for assistance within ten (10) minutes of the time of the request 90% of the time, and within fifteen (15) minutes the remainder of the time. Response times shall be measured from the time of request for service is made from Cencom until the licensee arrives at the scene. The licensee shall submit monthly reports at the conclusion of its rotation stating response times for all emergency calls served during its rotation. (f) In the event that the licensee has no ambulances available for emergency calls during its rotation, the licensee shall immediately advise the City Fire Department and Cencom of such conditions, and shall further advise that the licensee is unavailable to respond to any emergency until further notification. A violation of this subsection shall be considered a criminal misdemeanor. 5.50.120 MUTUAL AID. (a) The licensee shall cooperate with any request by the Bremerton Fire Department for mutual aid assistance within Kitsap County. (b) Licensee shall equip its vehicles with radios capable of receiving and transmitting on City and County Fire Department frequencies, which frequencies shall be used by licensees only in the event of a request for service or a mutual aid situation described herein. 5.50.130 RATES -FILING REQUIRED. Each ambulance service licensed under this chapter shall, immediately upon the issuance of a license, file with the City Clerk its schedule of rates to be charged for its services, for the duration of the calendar year in which the license is issued. Thereafter, each ambulance service licensed under this chapter shall annually file with the City Clerk a schedule of rates to be charged for its services. The annual rate schedule shall be filed on or before the first day of December of the 10 year preceding the year for which the schedule is to be in effect. The schedule of rates shall be a matter of public record open to public inspection in the office of the City Clerk during normal business hours. Each licensee shall adhere to its schedule throughout the calendar year for which that schedule has been filed. Rates for 911 initiated calls shall be subject to the review and approval of City Council. The City Clerk shall present a regional comparative rate survey with recommended rates for each item for Council consideration in approving 911 rates. 5.50.140 PENALTY FOR VIOLATION. Any person violating a provision of this chapter shall be guilty of an infraction unless otherwise provided herein. Section 2. Repeal. Resolution No. 1939 is hereby repealed in its entirety. Section 3. Repeal. Resolution No. 1892 is hereby repealed in its entirety. Section 4. Effective Date. This ordinance shall become effective ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this 5 day of February, 1992. PASSED by the City Council of the City of Bremerton this 26 day of February, 1992. LY}~N HORTON, Council President APPROVED this 27 day of - EFFFLTIVE DATE: ~- Il-c7'? , . '3-./- ,