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ORDINANCE NO. 5102
AN ORDINANCE of the City Council of the City
of Bremerton, Washington, amending Chapter 18.06 of the
Bremerton Municipal Code entitled "Ambulance Services.
WHEREAS, the City Council desires to update the provisions of Chapter
18.06 to modify the insurance provisions, the 911 rotation schedule and response times;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 18.06 of the Bremerton Municipal Code
° entitled "Ambulance Services" is hereby amended to read as follows:
Chapter 18.06
AMBULANCE SERVICES
18.06.010 DEFINITIONS.
For the purposes of this chapter, the following definitions shall apply:
(�a� "Advanced life support (ALS)" means those services requiring medical
treatment by a certified paramedic.
(�b) "Aid call" means any 911 initiated call, request or dispatch for emergency
medical treatment.
(�cJ "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.
(4d) "Ambulance service" means any person, as defined in this section, who
operates an ambulance for hire which is either stationed within or �et� outside the
City limits or dispatched from within or � outside the City limits 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.
(�e) "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.
(�gJ "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 (4) band multifrequency capability.
(�h) "Department" means City of Bremerton Fire Department.
(9J "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 Chapter 18.71 RCW and regulations promulgated thereunder.
(�A�) "Emergency medical technician (EMT)" means a person who is certified
as such by the Secretary, pursuant to Chapter 18.73 RCW and regulations promulgated
thereunder.
(�k) "Mutual aid" refers to situations in which a licensed nonemergency BLS
ambulance service is required, as determined by the Department, to make ambulances
and personnel available for emergency response under the City's direction.
(-�l) "Patient" means an individual who is sick, injured, wounded or otherwise
incapacitated or helpless.
(�m) "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.
(�4n) "Secretary" means the Secretary of the Department of Health of the State
of Washington.
18.06.020 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 Chapter 18.71 RCW, Kitsap County EMS
Council and Kitsap County Medical Program Director.
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 Washington
State verification and license in addition to a City business license. No person, firm, or
corporation, other than the Department, shall operate or cause to be operated emergency
ALS ambulance service within the City limits, except as provided in BMC 18.06.090.
(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 EMTs 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 C�e�l�-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 (5) 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, Chapter 18.73 RCW
and Chapter 248-17 WAC, 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 employed by the applicant are state certified and have regular emergency
vehicle driving training.
18.06.040 INSURANCE.
�a,� Each ambulance service shall obtain from a reputable insurance company
and, at all times, maintain in full force the following insurance:
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', 1 Com rehensive General Liabili insurance
written on an occurrence basis with limits no less than $1,000,000 combined sin le limit
per occurrence and $1,000,000 general ag re atg e for personal injury, bodily injury and
propertv dama�e.
(2) ,Automobile Liabilitv
insurance with limits no less than $1,000,000 combined single limit per accident for
bodilv injury and propertv dama�e; and
(3) � ''' Professional Liabilitv insurance with limits
no less than $1,000,000 limit per occurrence/claim.
b� 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.
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 ambulance services shall provide the
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 Department shall have the ri t to inspect the records, equipment, and
accessories of all ambulance services up to twice annually at the discretion of the
Department. Additionally, the Department shall conduct individual inspections of an
ambulance service within three (3) days of the receipt of any complaint about the
ambulance service. Notwithstanding the above required inspections or any other
provision of this chapter, the Department may, at all reasonable times, inspect the
records, equipment and accessories of any ambulance service.
(c) The ambulance service shall pay an inspection fee for each 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 thirty (30) days or the ambulance service business license shall
be subject to revocation.
(d) All ambulances and equipment storage and cleaning areas shall be subject
to inspection by the Deparhnent, 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.
( fl 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 notify the Department of the variance granted.
18.06.060 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 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.
18.06.070 EMERGENCY NOTIFICATION.
In the event a call for emergency medical assistance is received by an ambulance
service or a representative thereof, the caller shall be directed to call Cencom (9-1-1) and
the ambulance 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
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 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 Department officer in charge.
(c) It is unlawful for an ambulance service, in responding by vehicle to any
call requested by the 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 Department.
(d) In the event there is more than one ambulance service operating in the
City which seeks to participate in the 911 aid calls, a representative andlor representatives
from each ambulance service shall meet and devise a rotation schedule that shall be
submitted to the E�1� Department upon request. Said schedule shall: (1) provide
for only one company to respond to 911 initiated aid calls during any given month; (2)
include a twelve (12) month rotation; (3) be amended only upon thirty (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 ��er��De�artment shall prepare a rotation schedule that shall control
the assignment of 911 aid calls to ambulance services licensed under this chapter.
(e) Each 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 ninety percent (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 ambulance
service arrives at the scene. The ambulance service ma�be requested bv the Department
to �submit monthly reports at the conclusion of its rotation stating response times for
all emergency calls served during its rotation.
(� In the event that the ambulance service has no ambulances available for
emergency calls during its rotation, the ambulance service shall immediately advise the
Department and Cencom of such conditions, and shall further advise that the ambulance
service is unavailable to respond to any emergency until further notification.
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) 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.
18.06.100 RATES - FILING REQUIRED.
Each ambulance service at the request of the Department shall file with the
Department � v°°� ^^ �,° ...:*� *'�° r:*� r 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 �*•� r'°r'�'� Fire DepartmenYs office during normal city business
hours and such schedule must be adhered to by the licensee throughout the period for
which the license is issued.
18.06.110 DENIAL OR REVOCATION OF LICENSE.
Any application for a business license and any 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.
18.06.120 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 BMC 1.12.020(2). Each day, or a portion thereof, during
which a violation occurs shall constitute a separate violation.
SECTION 2. Severabilitv. 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 force and effect.
SECTION 3. E ff'ective 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.
PASSED by the City Council the��� day of ,y�. , 2010
OFF , Council President
Approved this ��, day of , 2010.
PATTY L , yor
ATTEST: APPROVED AS TO FORM:
r�
�
CAROL E, City erk ' RO ER A. LUBOVICH, City Atto
PUBLISHED the�� day of , 2010
EFFECTIVE the_��Lday of , 2010
ORDINANCE NO. ,�/�
R:U.egal�L,egal\Ordinances�Fire�Ambulance Services.ord.doc
, AFFIDAVIT OF PUBLICATION
Account # 42742 AD# 257382
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Laura Wessels, being first duly sworn 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
KITSAP SLJN; 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, a weekly newspaper in 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 an advertisement as it was
published in regular issues (and not in supplement form) of said newspaper on the following date, to wit: A
February 8, 2010 that such newspaper was regularly distributed to its subscribers during all of said period. _
The full amount of the fee charged for the foregoing publicatio is the sum of $36.45. This amount has not
been paid in full.
�
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of March 4, 2010. , ����������0�,����
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Notary Public in and for the State of Washington, Kitsap County. : V � ,U a 20 �2 : Z_
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ORDINANCE NO. 5102 , ����rF • � � � � � P����
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AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 18.06 of .
the Bremerton Municipal Code entitled "Ambulance Services".
PASSED by the City Council the 3rd day of February, 2010.
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, WA 98337.
February 8, 2010 ........................AD #20097003