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HomeMy WebLinkAbout4848 ORDINANCE NO. 4 ~ ~1' ~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, recodifying Chapter 5.50 of the Bremerton Municipal Code entitled "Ambulances" as Chapter 18.06 entitled "Ambulance Services" and further amending said chapter by updating its provisions relating to licensing, inspections, and filing of rates with the City and by making other amendments. WHEREAS, the Chapter 5.50 of the Bremerton Municipal Code entitled "Ambulances" would be more appropriately codified as a chapter within the Fire Code, Title 18; and WHEREAS, the current provisions of Chapter 5.50 of the Bremerton Municipal Code relating to licensing of ambulance services and filing and approval of ambulance rates are overly burdensome and result in an unnecessary process for licensing by the City and approval of the rates by the City Council; and WHEREAS, the City Council desires to update the provisions of Chapter 5.50 to remove the provisions relating to approval by the City Council of rates charged by ambulance services within the City, to modify the licensing requirements, and to provide for more effective enforcement of violations of the chapter, including enforcement pursuant to Chapter 1.04 BMC; and WHEREAS, the City Council also desires to make other amendments to Chapter 5.50 of the Bremerton Municipal Code to update its provisions; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 5.50 of the Bremerton Municipal Code entitled "Ambulances" is hereby recodified as Chapter 18.06 and further amended to read as follows: Chapter 5.5a~18.06 A~ULANCESAMBULANCE SERVICES 5.5~a.~!~18.06.010 DEFINITIONS. For the purposes of this chapter, the following definitions shall apply: (1) "Advanced life support" (ALS) means those services requiring medical treatment by a certified paramedic. 1 Ambulances (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 in the delivery of fares picked up at points beyond the limits of the City. (5) "Basic life support" (BLS) means those medical services which can be performed by one who is a certified emergency medical technician. (6) "Cencom (911)" means the Central Communication Emergency Dispatch Center. (7) "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. (8) "Department" means City of Bremerton Fire Department. (8_9) "Emergency" means a situation or patient condition (i) in which either of the administration of a drag (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. (910) "Emergency medical technician" (EMT) means a person who is certified as such by the Secretary, pursuant to RCW 18.73 and regulations promulgated thereunder. (4011) "Mutual aid" refers to situations in which a licensed non-emergency BLS ambulance service is required, as determined by the ~ Department, to make ambulances and personnel available for emergency response under the City's direction. (-14-12) "Patient" means an individual who is sick, injured, wounded or otherwise incapacitated or helpless. 2 Ambulances (4413) "Person" means any individual, firm, partnership, association, corporation, 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. (4-314) "Secretary" means the Secretary of the Department of Health of the State of Washington. 5.5~.~2018.06.020 APPLICABILITY. (a) The provisions of this chapter shall apply to nonemergency 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. 5.50.02~18.06.030 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 r-egutato~ l:~censeWashington State verification and license in addition to a City business license. No person, firm, or corporation~ (other than the City ?.re Department~-.o_shall operate or cause to be operated emergency ALS ambulance service within the City limits, except as provided in Section 5.50. ! 2018.06.090. (b) An application for a business license 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, 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 3 Ambulances 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 currently 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 pl y d by ppi' u em o e the a lcant are .......... -vi, ...... state certffied and have regular emergency vehicle driving training. ~18.06.040 INSURANCE. Applicant Each ambulance service 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 effect, naming the City of Bremerton as an additional insured on the comprehensive general liability and automobile liability policies prior to the issuance of a business 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 business 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. 4 Ambulances tw ...... ~.~h aha ~ngzr ~ ............. p~ ........ 18.06.050 AMBULANCES AND EQUIPMENT. (a) Ambulances shall be maintained and inspected pursuant to requirements from time to time adopted by the Secretary. All tic-~vaees-ambulance services 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 ambulance ........................ ~ .......... up to twine annually at the discretion of the Additionally, the r4re-Departm~nt shall conduct individual inspections of [i,~onso,~an ambulance service within three days of the receipt of any complaint about the ~/,~ms~ambulance service. 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 ~; ...... ' ambulance service (c) The t/-c:~ms~-ambulance service shall pay an inspection fee for each semiammat inspection required under this chapter. ' and further shall.pay an inspection fee as set forth in Chapter 3.01 BMC for each inspection prompted by complaint; Provided, however, That no complaint-prompted inspection fee shall be paid where the Chief of the ~ 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 business license shall be subject to ........ ;~- or-revocation. (d) All ambulances and equipment storage and cleaning areas shall be subject to ~nspect~on by the .... 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) .......... Each ambulance service 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. 5 Ambulances (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 licensee must ~*'~" ~ ~ ...... ~ ..... frc, n',~notify the g4~ Department of the variance ~ranted 5.50.99018.06.060 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 wcelcly monthly 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. 5.5~.!0~18.06.070 EMERGENCY NOTIFICATION. In the event a call for emergency medical assistance is received by fic--e-nsee-an ambulance service or a representative thereof, the caller shall be directed to call Cencom (9-1-1) and the ambulance c~cmFany service representative shall also call Cencom (9-1-1). ........ 18.06.080 RESPONSE TO 911 INITIATED AID CALLS. (a) At each aid call to which a ~ Department ambulance responds, the g4r~ 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 m a ~,~ .... 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 ~'~ ~: ...... ............. an ambulance service to assume the custody of a patient before release of custody has been made by the F~re Department officer in charge. (C) It is unlawful for an ambulance service~, in responding by vehicle to any call requested by the g,~memm-Fi~ 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 ~-u:ne~ma~ Department. (d) In the event there is more than one fic-ensed-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 submitted to the City Clerk. Said schedule shall: (1) provide for only one company to respond to 911 initiated aid 6 Ambulances 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 ........................ r~.ambulance service 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 tic~qsee-ambulance service arrives at the scene. The tic4ms6~-ambulance service 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 ~ambulance service has no ambulances available for emergency calls during its rotation, the tie-~msee-ambulance service shall immediately advise the .~.Lj .... Department and Cencom of such conditions, and shall further advise that the ~ ambulance service is unavailable to respond to any emergency until further notification. A 5.5~.!2~18.06.090 MUTUAL AID. (a) ~Each ambulance service shall cooperate with any request by the ~ Department for mutual aid assistance within Kitsap County. (b) Lfie6mse~Each ambulance service 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. 5.50.12918.06.100 RATES - FILING REQUIRED. · . Each ambulance service shall file and keep on file with the City Clerk its current schedule of rates to be charged for services. Such schedule or rates shall be a matter of public record open to public inspection in the City Clerk's office during normal city business hours and 7 Ambulances such schedule must be adhered to by the licensee throughout the period for which the license is issued. $-.g.g.$0~4018.06.110 DENIAL OR REVOCATION OF LICENSE APPEAL. An,/application for a business license and an,/business license issued pursuant to Chapter 5.02 BMC may be denied or revoked for a violation of the provisions of this chapter pursuant to the procedures set forth in Chapter 5.02 BMC relating to the denial and revocation of general business licenses. $,~.$0d,4018.06.120 P~¥I~4~R- VIOLATION-PENALTY. (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and enforcement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to Section 1.12.020(2) BMC. Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full fome and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the~ day of k_~ff~/~&~ , 2003 PASSED by the City Council the / ~ day of._~_~:~Z~C~m~,.4~ , 2003 CAROL ARENDS, Council President Approved this ~'~.~ dayof k.~JM.~t2A~~2~__~ CARY BOZEMAN, Mayor ~ ATTEST: APPROVED AS TO FORM: }~IcCL'uS fc~Ey, ~ity C~rk 8 Ambulances PUBLISHED the ~ ~ day of ~_fft~4_zt ~ ,.,, ,2003 EFFECTIVE the_~_z~day of )~0.~ J.~,l ~ 6r ,2003 ORDINANCE NO. ¥'gt.~ t R:\LEGAL\Ordinances\Ambulances-Ch. 5.50.doc 9 Ambulances AFFIDAVIT OF PUBLICATION County of Kitsap, State of Washington No. 100046124 I, Valerie Zoller, being first duly swom on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: February 27, 2003 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of ~;43.71 amount h.~ not been paid in full. 3',' '" '" ~ ~ ~'..."'+o'~ ~ ~ )' '"...-'~ ~ (Signature of Principal Clerk) Subscri~ ~,~.o.~;13,tqO~.~-e~ne this day of March 7, 2003 9t.... , ',,,,,,,,,,,,,,,' ' 6 ' /TV ' Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 4848' AN ORDINANCE of the City Council of the City of Bremerton, Washington, recodifying Chapter 5.50 of the Bremerton Municipal Code entitled "Ambulances" as Chapter 18.06 entitled "Ambulance Services" and further amending said chapter by updating its provisions relating to licensing, inspections, and filing of rates with the City and by making other amendments.- APPROVED by the City Council the 12th day of February, 2003.- PASSED by the City Council the 19th day of February, 2003.- The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337.- February 27, 2003. · #100046124-