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HomeMy WebLinkAbout1995-22.4 / >, 5 / 95 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING REGULATIONS GOVERNING WHEELCHAIR SERVICES. WHEREAS, it is in the public interest to regulate non -emergency wheelchair transport services in Indian River County, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that. SECTION 1. AMENDMENT. The title to Chapter 304 "Life Support Services" is amended to read "Life Support and Wheelchair Services" and a new Part II is added to said Chapter as set forth in Attachment "A" to this ordinance. gvrTTnM 2 CFUVT?ARTT.TTV If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 3. EFFECTIVE DATE. This ordinance shall take effect November 1, 1995. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 19th day of September, 1995. This ordinance was advertised in the Vero Beach Press -Journal on the 7th day of September, 1995, for a public hearing to be held on the 19th day of September, 1995, at which time it was moved for adoption by Commissioner Eggert, seconded by Commissioner Adams, and adopted by the following vote: Chairman Kenneth R. Macht Aye Vice Chairman Fran B. Adams Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner John B. Tippin Aye ORDINANCE 95-22 The Chairman thereupon declared the ordinance duly passed and adopted this 19 day' of September 1995& y BOARD OF COUNTY COMMISSION At '' x;' INDIAN RIVER COUNTY, FLORIDA Y MfY" Effective datern<,t 1995. 9 By 4enneth R. Macht, Chairman shall become effective on November 1, APPROVt=D AS T6 FORIVi' , T :ANDgLAL UFFICIENCY BY TERRENCE P. O'BRIEN ASST. COUNTY ATTORNEY Life Support and Wheelchair Services. This chapter has the additional purpose of setting forth minimum standards under which non -emergency wheelchair transport services may be provided in Indian River County. Section 304.03. Definitions. This section is amended by the addition of the definitions concerning wheelchair vehicles in their proper alphabetical order and the current definition of non -emergency medical transportation service is amended as follows Non -emergency medical transportation service* means a vehicle designed, constructed, reconstructed, or operated for the transportation of persons with non -emergency medical conditions where no medical assistance by the certificate holder is needed or anticipated during transportation; or for persons who cannot enter, occupy or exit a vehicle without considerable assistance; or where specialized equipment is used for wheelchair or stretcher service; and where the driver serves as both a driver and an attendant to assist in door to door or bed to bed service. No emergency equipment other than a fire extinguisher may be installed in the vehicle. No wording or advertising may be used to misrepresent the non-medical and non -emergency status of such a service or vehicle. Wheelchair vehicles* "Wheelchair vehicle" means any privately or publicly owned land, air or water vehicle which is designed, constructed, reconstructed, maintained, equipped, or operated, and is used for or intended to be used for transportation of a person who is sitting in a wheelchair, and whose condition is such that the person does not need and is not likely to need medical attention during transport, and which has received a certificate of Public Convenience and Necessity. Wheelchair Vehicle Service. "Wheelchair Vehicle Service" means the transport of persons in a wheelchair vehicle when such persons are not in need of medical care and are not likely to need medical care; provided, however, said service shall not include the Indian River County Volunteer Ambulance Squad. Section 304.01. Title. (remains the same) Section 304.02. Authority and purpose. Present paragraphs remain the same follows New Paragraph is added to read as This chapter has the additional purpose of setting forth minimum standards under which non -emergency wheelchair transport services may be provided in Indian River County. Section 304.03. Definitions. This section is amended by the addition of the definitions concerning wheelchair vehicles in their proper alphabetical order and the current definition of non -emergency medical transportation service is amended as follows Non -emergency medical transportation service* means a vehicle designed, constructed, reconstructed, or operated for the transportation of persons with non -emergency medical conditions where no medical assistance by the certificate holder is needed or anticipated during transportation; or for persons who cannot enter, occupy or exit a vehicle without considerable assistance; or where specialized equipment is used for wheelchair or stretcher service; and where the driver serves as both a driver and an attendant to assist in door to door or bed to bed service. No emergency equipment other than a fire extinguisher may be installed in the vehicle. No wording or advertising may be used to misrepresent the non-medical and non -emergency status of such a service or vehicle. Wheelchair vehicles* "Wheelchair vehicle" means any privately or publicly owned land, air or water vehicle which is designed, constructed, reconstructed, maintained, equipped, or operated, and is used for or intended to be used for transportation of a person who is sitting in a wheelchair, and whose condition is such that the person does not need and is not likely to need medical attention during transport, and which has received a certificate of Public Convenience and Necessity. Wheelchair Vehicle Service. "Wheelchair Vehicle Service" means the transport of persons in a wheelchair vehicle when such persons are not in need of medical care and are not likely to need medical care; provided, however, said service shall not include the Indian River County Volunteer Ambulance Squad. Part I . Life Support Services. No person shall provide wheelchair vehicle service in Indian River County without a certificate of public convenience and necessity issued by the Board of County Commissioners. Section 304.14. Certificate requirements. The application, fees, investigation and other related procedures and requirements of Part I of this Chapter shall apply with necessary modifications to wheelchair vehicle services and shall be designated class "E" certificate. Section 304.15. Wheelchair vehicle requirement. (a) Each vehicle shall have a lift, operated electrically and/or hydraulically, with sufficient capacity to safely and smoothly facilitate the entrance of passengers into the vehicle and exit from the vehicle or be so constructed to safely and smoothly facilitate the entrance of passengers into the vehicle and exit from the vehicle. (b) Each vehicle shall have, for each passenger transported two (2) positive means of securely latching or locking to the vehicles the wheelchair in which a passenger will ride. The latching device shall be designed to prevent any lateral, longitudinal or vertical motion of the passenger conveyance within the vehicle. (c) Each vehicle shall have, for each passenger transported, restraining belts or straps designed to securely confine passengers to wheelchairs in which they are transported. (d) Each vehicle shall have, in addition to the side vision mirrors, an inside rear -vision mirror which will enable the driver to view the passenger compartment, at the level at which the passengers ride. (e) Vehicle entry and exit doors shall be equipped with latching devices sufficient to restrain individual passenger conveyance within the passenger compartment of the vehicle. (f) Each vehicle shall have a communication capability which may be mobile two way radio, excluding C. B. radios, with all normal accessories, and shall meet all standards and requirements as specified by the F.C.C. or an answering service operating 24 hours coupled with a pager system, or an operating cellular phone. Part II . Wheelchair Certificate Section 304.04 - Section 304.12 (remains the same) No person shall provide wheelchair vehicle service in Indian River County without a certificate of public convenience and necessity issued by the Board of County Commissioners. Section 304.14. Certificate requirements. The application, fees, investigation and other related procedures and requirements of Part I of this Chapter shall apply with necessary modifications to wheelchair vehicle services and shall be designated class "E" certificate. Section 304.15. Wheelchair vehicle requirement. (a) Each vehicle shall have a lift, operated electrically and/or hydraulically, with sufficient capacity to safely and smoothly facilitate the entrance of passengers into the vehicle and exit from the vehicle or be so constructed to safely and smoothly facilitate the entrance of passengers into the vehicle and exit from the vehicle. (b) Each vehicle shall have, for each passenger transported two (2) positive means of securely latching or locking to the vehicles the wheelchair in which a passenger will ride. The latching device shall be designed to prevent any lateral, longitudinal or vertical motion of the passenger conveyance within the vehicle. (c) Each vehicle shall have, for each passenger transported, restraining belts or straps designed to securely confine passengers to wheelchairs in which they are transported. (d) Each vehicle shall have, in addition to the side vision mirrors, an inside rear -vision mirror which will enable the driver to view the passenger compartment, at the level at which the passengers ride. (e) Vehicle entry and exit doors shall be equipped with latching devices sufficient to restrain individual passenger conveyance within the passenger compartment of the vehicle. (f) Each vehicle shall have a communication capability which may be mobile two way radio, excluding C. B. radios, with all normal accessories, and shall meet all standards and requirements as specified by the F.C.C. or an answering service operating 24 hours coupled with a pager system, or an operating cellular phone. Part II . Wheelchair Certificate Vehicle Services. No person shall provide wheelchair vehicle service in Indian River County without a certificate of public convenience and necessity issued by the Board of County Commissioners. Section 304.14. Certificate requirements. The application, fees, investigation and other related procedures and requirements of Part I of this Chapter shall apply with necessary modifications to wheelchair vehicle services and shall be designated class "E" certificate. Section 304.15. Wheelchair vehicle requirement. (a) Each vehicle shall have a lift, operated electrically and/or hydraulically, with sufficient capacity to safely and smoothly facilitate the entrance of passengers into the vehicle and exit from the vehicle or be so constructed to safely and smoothly facilitate the entrance of passengers into the vehicle and exit from the vehicle. (b) Each vehicle shall have, for each passenger transported two (2) positive means of securely latching or locking to the vehicles the wheelchair in which a passenger will ride. The latching device shall be designed to prevent any lateral, longitudinal or vertical motion of the passenger conveyance within the vehicle. (c) Each vehicle shall have, for each passenger transported, restraining belts or straps designed to securely confine passengers to wheelchairs in which they are transported. (d) Each vehicle shall have, in addition to the side vision mirrors, an inside rear -vision mirror which will enable the driver to view the passenger compartment, at the level at which the passengers ride. (e) Vehicle entry and exit doors shall be equipped with latching devices sufficient to restrain individual passenger conveyance within the passenger compartment of the vehicle. (f) Each vehicle shall have a communication capability which may be mobile two way radio, excluding C. B. radios, with all normal accessories, and shall meet all standards and requirements as specified by the F.C.C. or an answering service operating 24 hours coupled with a pager system, or an operating cellular phone. Section 304.13. Certificate required . No person shall provide wheelchair vehicle service in Indian River County without a certificate of public convenience and necessity issued by the Board of County Commissioners. Section 304.14. Certificate requirements. The application, fees, investigation and other related procedures and requirements of Part I of this Chapter shall apply with necessary modifications to wheelchair vehicle services and shall be designated class "E" certificate. Section 304.15. Wheelchair vehicle requirement. (a) Each vehicle shall have a lift, operated electrically and/or hydraulically, with sufficient capacity to safely and smoothly facilitate the entrance of passengers into the vehicle and exit from the vehicle or be so constructed to safely and smoothly facilitate the entrance of passengers into the vehicle and exit from the vehicle. (b) Each vehicle shall have, for each passenger transported two (2) positive means of securely latching or locking to the vehicles the wheelchair in which a passenger will ride. The latching device shall be designed to prevent any lateral, longitudinal or vertical motion of the passenger conveyance within the vehicle. (c) Each vehicle shall have, for each passenger transported, restraining belts or straps designed to securely confine passengers to wheelchairs in which they are transported. (d) Each vehicle shall have, in addition to the side vision mirrors, an inside rear -vision mirror which will enable the driver to view the passenger compartment, at the level at which the passengers ride. (e) Vehicle entry and exit doors shall be equipped with latching devices sufficient to restrain individual passenger conveyance within the passenger compartment of the vehicle. (f) Each vehicle shall have a communication capability which may be mobile two way radio, excluding C. B. radios, with all normal accessories, and shall meet all standards and requirements as specified by the F.C.C. or an answering service operating 24 hours coupled with a pager system, or an operating cellular phone. (g) Each vehicle must have a minimum of fifty-six inches (5611) headroom from the finished floor to the finished ceiling in the passenger compartment and a door opening of not less than forty-eight inches (4811). (h) The floor covering shall be seamless, one piece, permanently applied material, which can be maintained in a safe, sanitary and odor free manner, and shall extend the full length and width of the passenger compartment. Where side panels and covering meets at the joints and side walls, they shall be sealed and bordered with rustproof, corrosion -resistant cove moldings . (i) Notwithstanding the above paragraphs, Americans with Disabilities Act standards shall apply where appropriate. Section 304.16. Record keeping. Any agency providing transportation under Part II of this chapter will be under contract with the Community Transportation Coordinator. Said contract will set forth the specific record keeping requirements . All records shall be kept for a minimum of 5 years. Said records shall be available for inspection by a representative of the County. Section 304.17. Community Transportation Coordinator. All services subject to Part II of this chapter and which are paid for in part or in whole with government funds shall be under written contract with the community transportation coordinator and shall be coordinated through the Indian River County Community Transportation Coordinator. Section 304.18. This section will be the current Section 304.13.