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RESOLUTION NO. 2013- <br /> 'Row- WHEREAS, it has come to the attention of the Board of County Commissioners that the <br /> City of Fellsmere has enacted ordinances which establish the Fellsmere Fire Marshal's Office <br /> with (a) general responsibility within Fellsmere for"the issuance of permits, certificates, notices, <br /> approvals and/or orders pertaining to life safety, fire control and fire hazards," as provided for in <br /> Chapter 633, Florida Statutes (entitled "Fire Prevention and Control") and Chapter 69A-60, <br /> Florida Administrative Code (entitled "The Florida Fire Prevention Code") (Chapter 633 and <br /> Chapter 69A-60 are collectively referred to as the "State Fire Laws"), and (b) specific authority <br /> within Fellsmere to review and approve/reject all plans and specifications for new occupancies, <br /> building renovations or additions, installation of fire protection or detection systems, fire and life <br /> safety related installations, site plans and subdivisions — all with respect to compliance with the <br /> State Fire Laws; and <br /> WHEREAS, the Board of County Commissioners, acting in its capacity as the governing <br /> body of the IRC Emergency Services District, has determined that the aforesaid actions of the <br /> City of Fellsmere (a) are contrary to the purpose and powers of the consolidated IRC Emergency <br /> Services District, (b) interfere with the authority of the Board of County Commissioners, as the <br /> sole governing body of the consolidated IRC Emergency Services District, and (c) prevent the <br /> consolidated IRC Emergency Services District from performing an important aspect of its <br /> firesafety authority and responsibility within the City of Fellsmere; <br /> NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br /> COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ACTING IN ITS <br /> CAPACITY AS THE GOVERNING BODY OF THE INDIAN RIVER COUNTY <br /> EMERGENCY SERVICES DISTRICT,THAT: <br /> Section 1. The above "WHEREAS" clauses are true and correct, and are hereby adopted <br /> as findings of the Board. Without limitation, the Board specifically finds that (a) the IRC <br /> Emergency Services District, as the consolidated governmental entity with firesafety <br /> responsibility within the geographical boundaries of the District, is unable to perform an <br /> important aspect of fire prevention and protection services within the City of Fellsmere due to <br /> the activities of the Fellsmere Fire Marshal's Office, and (b) while each municipality has the <br /> authority to withdraw from the consolidated IRC Emergency Services District if it so chooses2, <br /> no municipality has the authority unilaterally to assign to itself important aspects of fire <br /> prevention and protection services, to the exclusion of the IRC Emergency Services District. <br /> Section 2. Accordingly, and with due respect to the City of Fellsmere and its City <br /> Council, the Board of County Commissioners, acting in its capacity as the governing body of the <br /> IRC Emergency Services District, requests that the City of Fellsmere discontinue all further <br /> activities of the Fellsmere Fire Marshall's Office, effective no later than thirty (30) days from the <br /> date of this resolution. <br /> z Pursuant to section 9 of IRC Ordinance 90-25,now codified at section 208.08 of the Code of Indian River County <br /> Page 2 of 3 <br /> 159 <br />