HomeMy WebLinkAbout1991-19517/91(ORD1)Legal(Ob)
ORDINANCE 91-19
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, ADDING A NEW CHAPTER 304 - LIFE
WHEREAS, Indian River County is in the process of
enacting a new code of Ordinances, and
WHEREAS, this ordinance has for its purpose the
editor-i-aI-t-ransf-er--o-f L-ifie-uppar-t-S-ervi-ces- from -the o4d
code to the new code,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that:
SECTION 1. NEW CHAPTER
A new Chapter 304, Life Support Services, as set
forth in Attachment "A" to this ordinance is hereby adopted.
SECTION 2. REPEAL
Those portions of the Indian River County Code
(1974) superseded or in conflict with the provisions herein
adopted, in particular Chapter 621, are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, or if any sentence, paragraph,
phrase, or word- of this ordinance is for-anyreason-hetd-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 top_ass the ordinance without such unconstitutional,
invalid or inoperative part.
SECTION 4. EFFECTIVE DATE.
This ordinance shall become effective on
beccat ng law
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida, on this __7
day of _ May 1 1991.
This ordinance was advertised in the Vero Beach
P'ress-Journal -on the 12 day of pri�1-9L1, f -or --a
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public hearing to be held on the 7_ day of
1990, at which time it was moved for adoption by
Commissioner Eggert seconded by Commissioner
Scurlock , and adopted by the following vote:
Chairman Richard N. Bird —ye
Vice Chairman Gary C. Wheeler Ave
Commissioner Margaret C. Bowman Aye
Commissioner Don C. Scurlock, Jr. Ave
Corrintss-inner Caro-Iyn-E, E-gger-tom E
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA.
BY /
Ric
Attest
Jef
Florida, this 16th day of May , 1991.
Effective date: Acknowledgment from the Department of State
received on this 21st day of May , 1991, at 1000
a.m./p.m, and filealin the Office 775e -Uerk of the Board
of -County Commissioners of Indian River County, Florida.
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d )
Florida, this 16th day of May , 1991.
Effective date: Acknowledgment from the Department of State
received on this 21st day of May , 1991, at 1000
a.m./p.m, and filealin the Office 775e -Uerk of the Board
of -County Commissioners of Indian River County, Florida.
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ATTACHMENT "A"
CHAPTER 304, LIFE SUPPORT SERVICES
Section 304.01 Title
ffh-is chapter may be known as the certificate of public
convenience and necessity standards-ordi-na-nce.
Section 304.02 Definitions
Thee-1-1-ow-i-n"o-r-s sha-1--Nv-e—thelf in-i-ti-o-nsasfps:
Certified district
service provideF s
necessity.
means the geographical area listed on a
certificate of public convenience and
EMS Director means the director of emergency services of
ind ani ver Couun y�-y,charged w -tti responsi-bitity and
authority to supervise, direct, and administer the EMS, ALS
and BLS system on a county -wide basis to effectuate delivery
of prehospital emergency medical services. If a situation
exists which poses a serious or I inent threate
hea I #-h, safety , we-I--a-re, o -r- publ-i-"eed and-conven-[enc", he -
EMS director shall have such temporary emergency powers as
are necessary to remedy the situation.
Medir;i damectar means the Sensed physicincont nacted
pursuant to section 401.025, Florida Statutes, to give
medical direction to and establish medical protocols for
emergency medical services personnel including paramedics
and emergency medical technicians.
Emergency service providers means basic and advanced life
support services operators -holding a valid certificate of
public convenience and necessity issued by Indian River
County.
Section pica - information
Any applicant for a certificate of public convenience and
necessity from the county shall apply to the board in
writing on a form provided by the board containing the
foIIow4na information:
1. -The name and address of the applicant; the business
name of the partnership and the name and address of
each partner; the names and residences of all officers,
directors, and stockholders if the applicant is a
corporation;
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district which the app-icant desire� serve;
3. The location and description of the place or places
from which the applicant will operate;
The source of funds which will enable the applicant to
commence operation, and a schedule of any rates which
the applicant intends to charge;
The names -and addresse-s ofat eas-t three (3) local
references;
6. Such other reasonable information as may be required by
EMS director,
Section 304.04 Same- Investi ation; staff
recommendation -
After an application has been received by the county, EMS
director shall cause an investigation to be made into the
application, including a determination of the public nee
`or—the- propo sed—s-erv-Fce—!-n—the geographi-Bal a -reg requested.
The EMS director shall contact the medical director, all
other service providers in the county, and any municipality
in which the applicant desires to provide service. Within
sixty (6) days from receipt of the completed pplication,
the EA1S director shall schedule a public hearing before the
board of county commissioners with notice to all other
service providers in the requested service district, any
municipality in the requested service district and to the
general public by publication in the local newspaper with at
least one week's notice. At the public hearing the board of
county commissioners shall consider the EMS director's
recommendation and any input from other service providers,
municipalities, or interested groups or citizens and may
grant or deny the requested certificate of public
convenience and necessity.
Section 304.05 Contents of certificate
Any certificate issued under this division shall require the
service provider and all employees, including paramedics and
emergency medical technicians, to comply with the following:
I , Agree to respond only to emergency pre -hospital calls
in the certified district and, when units are
available, to provide response to other districts in
the county when requested to do so by the other
provi-tiers or by—the EMS d -i rector
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2. Post a copy of standard operating procedures which the
service provider will use to give general specific
instructions to its personnel concerning the nature of
their duties and responsibilities. These procedures
must be vi e
effec#-i-ve date—of the-c-rfifiicat-p—
3. Comply with all lawful directives of the EMS director
and medical director, including any medical protocols
and training directives no-t_p-r-eempteclh1�- state
4. Provide continuous and uninterrupted service within the
certified district, be in service and en route with
appropriate staff, and provide average response to the
emergency scene as follows:
a. Sebastian area: Ten (10) minutes.
b. Indian River Shores area: Ten (10) minutes.
C. Vero Beach area: Ten (10) minutes, except for
extreme west county runs, twenty (20) minutes.
mere area: Teri (10) minutes, excepFt Yeehaw
--1 unc t i on- an"e- Tu-r-np-i-ke a -r -ea -,—f -i f t y-4 5-01 f i f y
minutes,
5. Maintain the number of vehicles noted on the
certificate which shall be a num er determined by the
EMS director and the medical director considering the
population and geographical distance of the certified
district, but in any event shall not be less than one
fully staffed operating vehicle per station.
6. Ensure that its vehicles are driven in a safe a
—lawful manner at ali—times.
7. Use its lights and sirens only for properly authorized
emergency events and in compliance with state law and
!UlUdl law enforcement policy.
8. Keep posted at all business locations a copy of a
certificate including the approved rate schedule, which
shall not be exceeded without board approval.
9. Operate in compliance with all federal, state and local
laws, rules, and regulations.
10. Provide copies of vehicle run sheets and radio logs to
the EMS director upon request, to the extent permitted
y e public recor —s—raw.
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Sec -#i -on 3-04 6-Expi-r-a#-i-0n—and nontrans#-e-ani-I icy
A certificate shall be valid for a period not to exceed two
(2) years and shall not be transferable without the prior
written consent of the county. The certificate holder shall
immediately notify the county of any chanq_es of ownership or
control.
Section 304.07 Renewal
The certificates may be renewed routinely by the board on
application by the certificate holder. However if the board
has reason to believe that the public health, safety, and
welfare requires it, a public hearing may be ordered by the
board to consider not renewing any certificate. Before any
such action can occur, the board must first comply with the
notice and hearing provisions of section 304.08.
Section 304,08 Revocation, alteration or suspension
1. Generally, Every certificate issued under this
division shall be subject to revocation, alteration or
suspension by the board where it shall appear that the
certificate holder has not complied with the
requ i rementsof—the c -e -rte -f -i -ca -t -e --and- th€ pub 11c--A-nter-est
so required,
Proceedings. Proceedings for revocation, alteration,
or suspension of a certificate shall be undertaken by
the board at a public hearing with notice to all
certificate holders and after publication of notice not
less than one week before the hearing date.
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