6d · 80935d3c 6d additional item --continued from 5/22/2018 board of county commissioners agenda...

80935d3c

6DADDITIONAL ITEM -- CONTINUED FROM 5/22/2018

BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY

PLACEMENT: PUBLIC HEARINGSPRESET: TITLE: PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING CHAPTERS 17, 51, 67, 79, AND 87, GENERAL ORDINANCES, MARTIN COUNTY CODE (THE “CODE”) RELATED TO FIRE RESCUE AND ADOPTION OF A POLICY FOR THE REDUCTION OR ELIMINATION OF REIMBURSEMENT CHARGES

AGENDA ITEM DATES:

MEETING DATE:6/12/2018

COUNTY ATTORNEY:5/21/2018

COMPLETED DATE:5/31/2018

ASSISTANT COUNTY ADMINISTRATOR:5/28/2018

REQUESTED BY: DEPARTMENT: PREPARED BY:

Name: William Schobel Fire Rescue Margy Mills

Name: Fire Rescue Chief Executive Aide

Procedures: None

EXECUTIVE SUMMARY:

Estimated staff presentation: 20 minutes. The Fire Rescue Department is requesting the Board adopt an Ordinance amending sections of the Code for consistency and to update provisions related to Fire Rescue and a Policy for the reduction or elimination of reimbursement charges as provided for in the Code changes.

APPROVAL:LEGCA

BACKGROUND/RELATED STRATEGIC GOAL:

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The Fire Rescue Department is updating relevant sections of the Code, including Chapter 17, Beaches, Parks and Recreation, Chapter 51, Disaster and Emergency Management, Chapter 67, Environmental Control, Chapter 79, Fire Prevention and Protection, and Chapter 87, Emergency Medical Service and Transportation

The following amendments more specifically set out in the attached Ordinance: Amending definitions in all included Chapters. Amending department and personnel titles and organization in all included Chapters. Providing for development of a policy governing the administrative reduction or elimination of

reimbursement charges by the County Administrator in Section 67.354, Hazardous materials incidents; liability for costs, Section 79.64, Expenses incurred by Martin County in extinguishing uncontrolled non-structure fires, Section 79.103, Emergency fees and service charges, and Section 79.154, False Alarm Service Charge.

Amending the organization of the Emergency Management Agency and appointing a director thereof in Chapter 51.

Eliminating provisions related to Life Insurance for Volunteer Firemen in Chapter 79. Revising provisions related to Burn Permits in Chapter 79 to be consistent with State

Regulations. Amending provisions related to False Alarms in Chapter 79 to clarify procedures. Amending provisions related to the Board of Appeals and Adjustments to the Fire Code in

Chapter 79 to be consistent with the Fire Code. Amending the boundary of the Countywide fire/rescue Municipal Service Taxing Unit (MSTU) to

include Beau Rivage.

In accordance with the proposed Code language, the Fire Rescue Department is also requesting the Board adopt the attached policy as contemplated in Section 67.354, Hazardous materials incidents; liability for costs, Section 79.64, Expenses incurred by Martin County in extinguishing uncontrolled non-structure fires, Section 79.103, Emergency fees and service charges, and Section 79.154, False Alarm Service Charge governing the administrative reduction or elimination of reimbursement charges by the County Administrator. The Clerk of the Circuit Court and Comptroller’s Office has reviewed the proposed policy.

ISSUES:

None

LEGAL SUFFICIENCY REVIEW:

The adoption of this Ordinance is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local government’s approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the government’s action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that are arbitrary and capricious or illegal are subject to serious legal challenge.

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The adoption of this Policy has been reviewed for legal sufficiency to the extent it contains legal issues, although it is primarily a matter of Board policy.

RECOMMENDED ACTION:

RECOMMENDATION Move that the Board adopt the proposed Ordinance and Administrative Reduction and Elimination of Reimbursement Charges for Fire Rescue Services Policy as presented in this agenda item.

ALTERNATIVE RECOMMENDATIONS Move that the Board deny the proposed Ordinance and policy and provide staff direction.

FISCAL IMPACT:

RECOMMENDATIONNone

ALTERNATIVE RECOMMENDATIONSNone

DOCUMENT(S) REQUIRING ACTION:

Budget Transfer / Amendment Chair Letter Contract / Agreement

Grant / Application Notice 1 Ordinance Resolution

X Other: Administrative Directed Policy

ROUTING:_ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD_ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USDX CA _ ACA X LEG

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Struck through passages are deleted; Underlined passages are added. Page 1

BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA

ORDINANCE NO. ______

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA AMENDING SECTION 17.8 OF ARTICLE 1 OF CHAPTER 17, BEACHES, PARKS AND RECREATION, SECTIONS 51.2, 51.3, 51.4, 51.6, 51.10, AND 51.12 OF ARTICLE 1 OF CHAPTER 51, DISASTER AND EMERGENCY MANAGEMENT, SECTIONS 67.353, 67.354, AND 67.355 OF ARTICLE 12 OF CHAPTER 67, ENVIRONMENTAL CONTROL, CHAPTER 79, FIRE PREVENTION AND PROTECTION, SECTIONS 87.102, 87.103, 87.105, 87.107, 87.108, 87.109, 87.110, AND 87.111 OF ARTICLE 4 OF CHAPTER 87, EMERGENCY MEDICAL SERVICE AND TRANSPORTATION, TO AMEND DEFINITIONS, UPDATE JOB TITLES AND REGARDING BURNING PERMITS AND ORGANIZATION OF THE EMERGENCY MANAGEMENT AGENCY, AND AUTHORIZING THE COUNTY ADMINISTRATOR TO DEVELOP AN ADMINISTRATIVE POLICY FOR THE REDUCTION OR ELIMINATION OF REIMBURSEMENT CHARGES AND REQUIRE THE COUNTY ADMINISTRATOR’S PRIOR CONSENT FOR TRANSFER OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY; APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE; AND CODIFICATION.

WHEREAS, the Board of County Commissioners of Martin County, Florida is authorized by Chapter 125, Florida Statutes, to adopt ordinances and resolutions necessary for the exercise of its powers; and

WHEREAS, the Board has determined that it is in the public interest to amend these Code sections for consistency and to update definitions, current County department and personnel titles, to provide for the development of a written policy governing the administrative reduction or elimination of reimbursement charges by the County Administrator, to make amendments to the organization of the Emergency Management Agency and appointment of a director.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA, THAT:

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PART ONE. SECTION 17.8 OF ARTICLE 1 OF CHAPTER 17, BEACHES, PARKS AND RECREATION is amended as follows: Sec. 17.8. Definitions.

The following terms when used in this chapter shall have the meanings ascribed to them in this section:

Adult: Persons age 18 or older.

Child(ren): Persons age 12 or younger. Commercial vehicle or truck: A vehicle used for conducting a commercial

enterprise.

County Administrator: The administrative head of Martin County who has the powers and duties set forth in F.S. §125.74 and section 1.63 of this Code or the County Administrator’s designee.

County park: Any facility or real property owned or leased in whole or in part by Martin County and designated or utilized for recreation purposes, including but not limited to, beach access strips, beaches, boardwalks, canoe/kayak launches, causeways, conservation lands, fishing piers, play areas, and associated parking areas.

County staff: An employee of the Martin County Board of County Commissioners.

Cultural resource: Any item, area or artifact of historical or cultural significance.

Designated swimming area: Area on a full-service beach park identified by flags or signs and extending no more than 300 feet east of the mean-high-water line.

Fire Rescue Chief: Martin County Fire Rescue Department Director or designee. Full-service beach park: A Martin County public beach having most or all of the

following amenities; lifeguards, restrooms, showers, some athletic facilities, picnic area, concessions, parking, dune crossovers, and other facilities.

Lifeguards: The County staff responsible for public safety on the beaches under the control and jurisdiction of the Board of County Commissioners of Martin County, Florida. These County staff shall be organized under the Fire Rescue Department – Ocean Rescue Section and are subject to the control and direction of the County Administrator and Fire Rescue Chief.

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Litter: Any garbage; rubbish; trash; refuse; can; bottle; broken glass; box; container; paper; tobacco product or ashes; tire; appliance; mechanical equipment or part; building or construction material; tool; machinery; wood; motor vehicle or motor vehicle part; vessel; aircraft; farm machinery or equipment; animal carcasses, landscaping materials, sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility; or substance in any form resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.

Motorized recreation vehicle: Any off-highway vehicle including, but not limited to, all-terrain vehicles, recreational off-highway vehicles, and off-highway motorcycles as defined in Chapter 316, F.S. and also includes, but is not limited to, electronic bikes (“e-bikes”), mini-bikes, scooters, amphibious vehicles, go-carts, trail bikes, dune buggies and golf carts.

Parking area: Any designated part of any park, road, drive or special area

contiguous thereto that may be set apart for the standing or stationing of any vehicles or boat trailers.

Park patron: A person visiting or using a park facility. Permit: Official document issued by the County giving listed park patrons

authorization to conduct a specific activity during the time period as stated within document.

Person: The work “person” includes natural persons, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups and combinations. Play area: Any portion of an area within a County park, including water play areas, that contains playground equipment for use by children with signage that designates as such.

Public beach access strip: A Martin County public beach generally having no lifeguard services and limited parking, dune crossovers, and other facilities.

Special Event: Any preplanned entertainment, sporting, cultural, business, or other type of unique activity (including parades, festivals, races, tournaments, concerts, etc.) presented to a live audience and open to the public that is to be held in whole or in part upon property owned or managed by the County and that may substantially inhibit the usual flow of pedestrian or vehicular travel or which deviates from the established use of the place or building. Excludes activities not open to the public including private indoor facility rentals, pavilion rentals, or other activities for which a permit has been issued by the County.

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Surfing: The activity or sport using wind, paddle or ocean waves to propel oneself

on a board or like device.

Swimming: Swimming, floating, wading, snorkeling, riding soft or inflatable flotation devices, or other similar activities.

Weapon: As defined in F.S. § 790.001 (13), weapon means any “dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.”

Weapon or device, electric: As defined in F.S.§ 790.001(14), electric weapon or device means any “device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury.”

PART TWO. SECTIONS 51.2, 51.3, 51.4, 51.6, 51.10, AND 51.12 OF ARTICLE 1 OF CHAPTER 51 DISASTER AND EMERGENCY MANAGEMENT are amended as follows:

Sec. 51.2. Definitions. The following definitions shall apply in the interpretation of this chapter: Attack means a direct or indirect assault against Martin County, its government, the municipalities contained therein, or the nation, by the forces of a hostile nation or the agents thereof, including assault by bombing, or by radiological, chemical or biological warfare or sabotage. Board means the Board of County Commissioners of Martin County, a political subdivision of the State of Florida. County means Martin County, a political subdivision of the State of Florida.

County Administrator means the administrative head of Martin County who has the powers and duties set forth in F.S. §125.74 and section 1.63 of this Code or the County Administrator’s designee.

Director means the Director of the Emergency Management Agency, a division of the Fire Rescue Department or the Director’s designee. Appointment and responsibility shall conform with local governmental ordinances, resolutions, policies, and F.S. ch. 252.

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Emergency means any occurrence or threat thereof, whether accidental, natural, or caused by man, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property. Emergency management will be synonymous for any references to civil defense or disaster preparedness. Its broad meaning is the planning for, the preparation for, the mitigation of, the response to, and the recovery from emergencies and disasters. Specific emergency management responsibilities include, but are not limited to: (a) reduction of vulnerability of people and communities to damage, injury, and loss of life and property resulting from natural, technological, or manmade emergencies or hostile military or paramilitary action; (b) preparation for prompt and efficient response and recovery to protect lives and property affected by disasters; (c) response to emergencies using all systems, plans, and resources necessary to preserve adequately the health, safety, and welfare of persons or property affected by the emergency; (d) recovery from emergencies by providing for the rapid and orderly start of restoration and rehabilitation of persons and properties affected by emergencies. Responsibilities shall not, however, include any activity that is the primary responsibility of the military forces of the United States. Facility accident is an unexpected happening or fortuitous event associated with a commercial nuclear electrical generating reactor that may threaten public health, life or property. Fire Rescue Chief means the Martin County Fire Rescue Department Director or designee. Local emergency, as used herein, shall means an emergency affecting only one political subdivision. Regulations shall includes plans, programs, resolutions, executive orders and other emergency procedures deemed essential to emergency management. Volunteer means any person who contributes a service, equipment or facilities to the disaster preparedness organization without remuneration. Sec. 51.3. Organization of the County Emergency Management Agency; appointment of director.

The Board of County Commissioners hereby authorizes the County Administrator to appoint a Director of the County Emergency Management Agency. The Emergency Management Agency shall be under the direction of the Fire Rescue Chief and organized under the Fire Rescue Department as a division. Said appointment shall be subject to confirmation by the Board of County Commissioners. Subject to the direction and control of the Board of County Commissioners in conformance with applicable

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resolutions, ordinances and laws, the director shall be responsible for the organization, administration and direction of the Emergency Management Agency and shall coordinate the activities, services and programs for civil defense within the County. The director shall also maintain liaison with other local governments and agencies. The County Administrator shall promptly inform the State of Florida of Emergency Management Division of the appointment of the director. The organization Emergency Management Agency shall consist of the following:

51.3.A. The director and such assistants and other employees as are deemed necessary for the proper functioning of the organization Emergency Management Agency.

51.3.B. All departments, divisions, agencies and services of Martin County

government, including their employees, property, equipment and other resources which are administered by the County Administrator, which may be assigned and made available to said the Emergency Management Agency as required to effectuate the purposes of this chapter pursuant to Florida Sstatutes.

51.3.C. Volunteer persons and agencies offering service to, and accepted by,

the County.

Sec. 51.4. County emergency powers.

The Director of the Emergency Management Agency shall have the following emergency powers:

51.4.A. Declaration of emergency. If the director declares that a local

emergency exists in Martin the County, then in conformance with applicable resolutions, ordinances and laws, the director may exercise the emergency power and authority necessary to fulfill his the general powers and duties of the director as prescribed in this chapter. The judgment of the director shall be the sole criteria necessary to invoke local emergency powers provided in this chapter and other appropriate regulations. The state of local emergency shall remain in effect until either the chairman of the Board of County Commissioners or the Board of County Commissioners determines otherwise. The duration of each state of emergency declared locally shall be limited to seven days; it may be extended, as necessary, in increments of up to seven-days increments.

51.4.B. Board powers. The Board of County Commissioners may convene to

perform its legislative duties as the situation demands, and shall receive reports relative to disaster preparedness activities. The Board of County Commissioners shall have the power and authority to waive the procedures and formalities otherwise required by law pertaining to:

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1. The performance of public work and taking whatever prudent action is necessary to ensure the health, safety and welfare of the community.

2. Entering into contracts. 3. Incurring of obligations. 4. Employment of permanent and temporary workers. 5. Utilization of volunteer workers. 6. Rental of equipment. 7. Acquisition and distribution, with or without compensation, of

supplies, materials, and facilities. 8. Appropriation and expenditure of public funds. 9. Determination that a threat to public health and safety may result

from the generation of widespread debris throughout the County, using any of the following criteria: a. That such debris constitutes a hazardous environment for

modes of movement and transportation of the residents as well as emergency aid and relief services;

b. That such debris may endanger properties in the County; c. That such debris creates an An environment conducive to

breeding disease and vermin; d. That such debris creates a Ggreatly increased risk of fire; and e. That it is in the public interest to collect and remove disaster

debris from property whether public or private lands, public or private roads, and or within gated communities; to eliminate any immediate threat to life, public health and safety;

f. To reduce the threat of additional damage to improved property; and

g. To promote economic recovery of the community at large. 10. Authorize Authorization of the County or their its contracted agents

for the right of access to private property and roads or gated communities as needed by emergency vehicles such as, but not limited to, police, fire, medical care, debris removal, and sanitation to alleviate immediate threats to public health and safety and to provide emergency repairs to vital infrastructure assets.

11. Authorize Authorization of the removal of debris and wreckage resulting from a major disaster from property whether public or private lands, public or private roads, or within gated communities for safe and sanitary living or functioning conditions.

12. Authorize Authorization of the removal of derelict vessels pursuant to current Statutes of the State of Florida and in conjunction with the Florida Fish and Wildlife Conservation Commission.

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13. Authorize Authorization of the removal of abandoned vehicles pursuant to current Statutes of the State of Florida and in conjunction with law enforcement of the County and State.

51.4.C. Orders and rules. During any period when disaster threatens or when

the County has been struck by disaster, within the definitions of this chapter, the director shall recommend that the County Administrator issue such orders or rules as are deemed necessary to protect life and property and preserve critical resources, with the concurrence of the County Administrator. Any such orders or rules shall have full force and effect of law when filed in the office of the Clerk of the Board County Commission. The Emergency Management Agency Director, upon issuing approval of such emergency directives, shall immediately advise the chairman of the Board of County Commissioners of the directives. The directives shall remain in effect until the Board of County Commissioners determines otherwise. Such directives may include, but shall not be limited to, the following:

1. Directives prohibiting or restricting the movement of vehicles in order to facilitate the work of emergency management forces, or to facilitate the mass movement of persons from critical areas within the County.

2. Directives pertaining to the movement of persons from and in areas deemed to be hazardous or vulnerable to an emergency or threat of an emergency.

3. Such other directives necessary to preserve public peace, health and safety.

51.4.D. Mutual aid. The Emergency Management Agency Ddirector shall

advise the chairman of the Board of County Commissioners Fire Rescue Chief and with concurrence, so as not to deplete local resources, the director shall to order disaster preparedness forces to the aid of other communities when required in accordance with State and County mutual aid agreements and may request the State, or a political subdivision of the State, to send aid to Martin the County in case of an emergency when conditions in the County are beyond the capabilities of the local eEmergency mManagement aAgency.

51.4.E. County forces. The Emergency Management Agency Ddirector may

coordinate emergency services of any County department, division or their employees. If regular County forces are determined inadequate, the Emergency Management Agency Ddirector may require the services of such other personnel as he can obtain that are available, including citizen volunteers. All duly authorized persons rendering emergency services shall be entitled to the privileges and immunities as are provided by State law, County ordinances and policies for regular County employees and other registered and identified emergency management

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workers and, upon demand, may receive appropriate compensation for their emergency employment.

Sec. 51.6. Duties of Director of Emergency Management Agency.

51.6.A. The director or his designate will prepare and maintain all plans pertaining to emergency management. The director shall be responsible to the County Administrator and the Board of County Commissioners Fire Rescue Chief, in conformance with applicable resolutions, ordinances and laws.

51.6.B. The Emergency Management Agency Ddirector shall be responsible

for the planning, coordination and operation of the emergency management activity of the County. He The director shall maintain liaison with the State and federal authorities and the authorities of other nearby political subdivisions to iensure the most effective operation of all disaster preparedness plans. The Emergency Management Agency Ddirector duties shall include, but not be limited to, the following:

1. Review guidelines required by State and federal agencies, as well as draft plans, annexes and appendices for emergency operations plans, peacetime emergency plans and other plans pertaining to emergency management and civil defense.

2. Issue, review, and monitor the current status of standard operating procedures for emergency management agency operations.

3. Review and monitor the current status of emergency-related standard operating procedures, plans, and programs of County departments.

4. Coordinate with local governmental and private agencies those plans and annexes pertaining to their functions during times of emergency.

5. Coordinate and liaise with surrounding counties in the preparation of community shelter plans, crisis relocation plans and mutual aid agreements.

6. Assist in the justification and preparation of project applications, program papers, program status reports, and other statistical reports required by federal and/or State agencies.

7. Prepare agency budget. 8. Maintain awareness of all reports, forms and procedures required by

federal and State agencies to procure aid following an emergency involving the County.

9. Monitor internal routine functioning of staff, administration and Emergency Operations Center facility maintenance.

10. Assume such authority and conduct such activity as the Board of County Commissioners may require and direct to promote and execute the emergency management plan.

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Sec. 51.10. Violation of directives or plans. It shall be unlawful for any person to violate any of the provisions of this chapter

or of the directives or plans issued pursuant to the authority contained herein, or to willfully obstruct, hinder or delay any member of the Emergency Management Organization Agency or acting under the authority of the Emergency Management Agency as herein defined in the enforcement of the provisions of this chapter or any directive or plan issued thereunder. Sec. 51.12. Direction of County Administrator; powers of Board of County Commissioners.

Matters other than those enumerated above, that are handled by the Ddirector of the Emergency Management Agency, will be under the direction of the County Administrator. Nothing in this chapter shall be construed as abridging or curtailing the powers or restrictions of the Board of County Commissioners as defined in appropriate ordinances or statutes. The County Administrator may delegate responsibilities under this chapter to the Director of Emergency Services.

PART THREE. SECTIONS 67.353, 67.354, AND 67.355 OF ARTICLE 12 OF CHAPTER 67, ENVIRONMENTAL CONTROL are hereby amended as follows:

Sec. 67.353. Definitions.

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section.

Cost(s), subject to limitation to s. 166.0446 F.S., shall mean and include, but not be

limited to: 1. All costs incurred for response, containment, and/or removal and

disposal of hazardous materials or remedial actions. 2. Damages for injury to, destruction of, or loss of natural resources,

including the reasonable costs of assessing such injury, destruction or loss resulting from a hazardous materials incident.

3. Costs of any health assessment or health effects study carried out as a necessity resulting from a hazardous materials incident.

4. Labor, including benefits, overtime and administrative overhead. 5. Equipment, operation, leasing, repair, and replacement where

necessary. 6. Contract labor and equipment. 7. Labor and equipment obtained directly by the county, county

agencies or agents, the county sheriff's office, and other law enforcement agencies.

8. Materials such as but not limited to sorbents, foam, dispersants, neutralization agents, overpack drums or containers, etc.

9. Supervision and verification of cleanup and abatement.

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County shall mean Martin County, a political subdivision of the State of Florida.

Director Fire Rescue Chief shall mean the Emergency Services Martin County Fire Rescue Department Director or designee.

Fire Chief shall mean a director of a fire department which has responded to a

hazardous materials incident. Hazardous material shall mean any substance or material in any form or quantity

which poses an unreasonable risk to safety, health or property. Hazardous materials incident shall mean actual or threatened release of

hazardous substances or materials that pose an immediate threat to the health, safety or welfare of the population, including hazardous waste.

Hazardous substance shall mean any material which when discharged may be

harmful to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public or private property, shorelines and beaches.

Incident commander shall mean the individual responsible for all incident

activities, including the development of strategies and tactics and the ordering and the release of resources. The IC has overall authority and responsibility for conducting incident operations and is responsible for the management of all incident operations at the incident site. shall mean the senior fire official at the site of the hazardous materials incident; or the initial senior on-scene response official in the absence of the senior fire official; or a unified command structure which delegates control to officials from more than one agency.

Natural resources shall mean land, fish, wildlife, biota, air, water, groundwater,

drinking water supplies and other such resources belonging to, managed by, held in trust by, appertaining to or otherwise controlled by the County, County agencies, and those municipalities within Martin County which enter into interlocal agreements with the County to implement this article.

Recovery (from an incident) shall mean a phase of emergency management which

restores the site of an incident to pre-emergency conditions. Release shall mean any spilling, leaking, pumping, pouring, emitting, emptying,

discharging, injecting, escaping, leaching, dumping or disposing into the environment (including the abandonment or discarding of barrels, containers and other receptacles containing any hazardous material or substance or waste or pollutant or contaminant).

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Response shall mean a phase of emergency management which occurs during and immediately following an incident; provides emergency assistance to victims of the event and reduces the likelihood of secondary damage.

Responsible party shall mean the person(s) whose negligent or intentional act or

omission caused a release; or the person(s) who owned or had custody or control of the hazardous substance at the time of or immediately prior to such release without regard to fault or proximate cause. "Responsible party" may also include a corporation or partnership, facility, or other type of business entity. Sec. 67.354. Hazardous materials incidents; liability for costs.

67.354.A. The incident commander, fFire Rescue cChief(s) and director are hereby duly authorized to take all measures to respond to, stabilize and remediate hazardous materials incidents. Any responsible party who causes a hazardous materials incident shall be liable for the payment of all costs incurred by the County, County agencies or agents, for response to and remediation of such incident.

67.354.B. Martin The County will seek all available remedies at law, to include

the provisions of this article, against any parties responsible for any environmentally damaging event, to include those actions and remedies available under the U.S. Bankruptcy Code relating to such matters.

67.354.C. The County Administrator shall develop a written policy to be

approved by resolution of the Martin County Board of County Commissioners setting forth the criteria for administrative reduction or elimination of reimbursement charges.

Sec. 67.355. Collection and disbursement of funds for cost recovery.

67.355.A. Martin The County Emergency Services Fire Rescue Department is hereby authorized to invoice and collect from the responsible party for costs. Agencies of the County or organizations responding to a hazardous materials incident according to responsibilities set forth in the County Hazardous Materials Emergency Plan, or at the request of the County, will be eligible to submit billsinvoices.

67.355.B. Invoices that identify eligible costs under this article shall be

submitted to the Director Fire Rescue Chief. within ten working days after the cost was incurred or identified. Submitted invoices should include sufficient documentation for cost reimbursement (i.e., copies of time sheets for specific personnel, copies of bills invoices for materials, equipment and supplies procured or used, etc.). Accepting invoices from agencies outside the County shall not incur

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liability for the County to pay costs of such agencies until payment is received by the County from the responsible party.

67.355.C. The Director Fire Rescue Chief shall submit one or a series of

consolidated invoice(s) to the responsible party identifying agencies or agents and their specific costs for reimbursement. The responsible party shall issue a certified check to each eligible agency or agent requesting cost recovery for the amount incurred, within 60 days of receiving a consolidated invoice.

67.355.D. The Director Fire Rescue Chief shall also provide the responsible party

with a list of estimated costs that have not been specifically identified that will be included in future consolidated invoices.

PART FOUR. Chapter 79, Fire Prevention and Protection is hereby amended as follows:

Chapter 79

ARTICLE 1. IN GENERAL Sec. 79.1. Emergency Services Director/Fire Prevention Chief (Fire Marshal); Fire Rescue Chief; authority of County Administrator to appoint Emergency Services Director; Fire Prevention Chief (Fire Marshal) and Fire Rescue Chief to work under direction of Emergency Services Director. Fire Rescue Chief; authority of County Administrator to appoint Fire Rescue Chief; Fire Prevention Bureau Chief (Fire Marshal) to work under direction of Fire Rescue Chief or Designee.

The County Administrator shall appoint the Emergency Services Director Fire Rescue Chief with the confirmation of the Martin County Board of County Commissioners. With the concurrence of the County Administrator, the County Fire Prevention Bureau Chief (Fire Marshal) and Fire Rescue Chief shall be appointed by and work under the direction of the Emergency Services Director Fire Rescue Chief or designee. Sec. 79.2. Fire Prevention Bureau Chief (Fire Marshal)—Duty to enforce certain laws and ordinances.

It shall be the duty of the County Fire Marshal Prevention Bureau Chief (Fire Marshal) to enforce, or cause to be enforced, all laws and ordinances of Martin County covering the following:

79.2.A. Prevention of fire. 79.2.B. Storage and use of explosives and/or flammable liquids. 79.2.C. Installation and maintenance of automatic fire alarm systems and fire

extinguishing equipment.

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79.2.D. Means and adequacy of exit and exit egress from places of assembly, education hazard areas, factory-industrial areas, mercantile areas, residential areas and storage areas.

79.2.E. Investigation of the cause and origin of fires. 79.2.F. Maintenance of records of fires throughout the County.

Sec. 79.3. Same—Duty to investigate and make recommendations.

79.3.A. It shall be the duty of the County Fire Prevention Bureau Chief (Fire Marshal) to investigate and to recommend to the Emergency Services Director Fire Rescue Chief or designee and County Administrator, for consideration by the Martin County Board of County Commissioners, such additional ordinances or amendments to existing ordinances as he the County Fire Prevention Bureau Chief (Fire Marshal) may deem necessary for safeguarding life and property against fires.

79.3.B. It shall be the duty of the County Fire Prevention Bureau Chief (Fire

Marshal) to recommend to the Director and County AdministratorFire Rescue Chief or designee, for consideration by the Martin County Board of County Commissioners, such rules and regulations as he the County Fire Prevention Bureau Chief (Fire Marshal) deems best suited for establishing and maintaining protection of the citizens of Martin County and all property therein from the hazards of fire.

Sec. 79.4. Same—Duty to inspect.

The County Fire Prevention Bureau Chief (Fire Marshal) shall inspect, or cause to be inspected, all existing premises on a periodic basis, and shall make such orders as may be necessary for the enforcement of the laws and ordinances governing the same and for safeguarding of life and property from fire. Sec. 79.5. Same—Duty to review building plans.

It shall be the duty of the County Fire Marshal Prevention Bureau Chief (Fire Marshal) to review or cause to be reviewed, building plans for new or existing buildings, for licensing and certificates of occupancy, as may be necessary for the enforcement of laws and ordinances governing the safeguarding of life and property from fire. The County Fire Marshal is authorized to make special exceptions for historical structures as provided in F.S. ch. 509, Part I, Public Lodging and Food Service Establishments, § 509.215(6 4) Fire safety; and F.S. ch. 633, Fire Prevention and Control, § 633.022 633.206(2) Uniform fire safety standards, and § 633.025(5) 633.208(3) Minimum fire safety standards. Sec. 79.6. Same—Duty to present fire prevention and public education programs.

It shall be the duty of the County Fire Marshal Prevention Bureau Chief (Fire Marshal) to prepare, or cause to be prepared and presented, fire prevention and public

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education programs, to civic, institutional and fraternal organizations, with regard to fire safety and prevention of fires. Sec. 79.7. Fees for fire prevention plan reviews and inspections.

79.7.A. The board Martin County Board of County Commissioners may impose appropriate fees for any plan review or inspection services by the Fire Marshal Prevention Bureau Chief (Fire Marshal) that are performed pursuant to or required by any local, State, or federal law. Such fees shall be set by resolution, and be based upon the services required. The board Martin County Board of County Commissioners may establish, change, or amend such fees by resolution.

79.7.B. All fees charged under this section shall be due and payable at the

time of the application for plan review, permit, or inspection. The County Fire Marshal Prevention Bureau Chief (Fire Marshal) shall not issue any permit until all fees charged under this section are paid. Permits shall bear the signature of the County Fire Marshal Prevention Bureau Chief (Fire Marshal) or his designee, and shall include at minimum the following information:

1. Name and address of permit holder. 2. Address or location of job site. 3. Permit number and date of issuance. 4. Scope of work. 5. Inspection requirements.

79.7.C. This section shall not apply to single-family homes and residential

duplexes, provided that such are not otherwise required to have fire sprinklers, or meet fire sprinkler requirements under this Code.

Secs. 79.8—79.30. Reserved.

ARTICLE 2. LIFE INSURANCE FOR VOLUNTEER FIREMEN RESERVED Sec. 79.31. Definitions.

Whenever used in this article, the following terms shall have the following meanings:

Employer means Martin County or any special fire district located within Martin

County. Insurance means insurance procured from a stock company or mutual company or

association or exchange authorized to do business as an insurer in this State. Volunteer fireman means any person under 70 years of age whose name is carried

on the active membership rolls as a volunteer fireman of any duly constituted fire department of Martin County or any special fire district located within Martin County

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and whose duty it is to extinguish fires and to protect life and property therefrom. Any person who volunteers assistance at a fire, but whose name is not on the membership rolls as an active member of a fire department operated by an employer, as defined in this section, is not a volunteer fireman within the meaning of this article. Sec. 79.32. Payments for death or bodily injury; liability for payment; beneficiaries.

79.32.A. The sum of $10,000.00 shall be paid, as hereinafter provided, when a volunteer fireman, while under 70 years of age and while engaged in the performance of any of the duties mentioned in section 79.31 of this article, is killed or receives bodily injury which results in the loss of his life within 180 days after being received, provided that such killing is not the result of suicide and that such bodily injury is not intentionally self-inflicted. Such payment shall be in addition to any workmen's compensation or pension benefits and shall be exempt from the claims and demands of creditors of such volunteer fireman.

79.32.B. The employer of such volunteer fireman shall be liable for the

payment of said sum and shall be deemed self-insured, unless it procures and maintains, or has already procured and maintained, insurance to secure such payment. Any such insurance may cover only the risks indicated above, in the amount indicated above, or it may cover those risks and additional risks and may be in a larger amount.

79.32.C. Such payment, whether secured by insurance or not, shall be made to

the beneficiary designated by such volunteer fireman in writing, signed by him and delivered to his employer during his lifetime. If no such designation is made, then it shall be paid to his surviving child or children and wife, in equal portions, and if there is no surviving child or wife, then to his estate.

Secs. 79.33 79.31—79.60. Reserved.

ARTICLE 3. MARTIN COUNTY BURNING PERMIT

Sec. 79.61. Intent. It is the intent of this article to regulate open burning in the unincorporated area

of Martin County. Sec. 79.62. Burning permit—Required.

79.62.A. It shall be unlawful for any person, firm, corporation or association to start or maintain any fire outside of any structure or authorize any such fire to be started or maintained on any land in the unincorporated area of Martin County without first obtaining a Martin County burning permit, except where allowed under agreement with other authorized permitting agencies. The permit must be obtained from the fire station in whose which district the fire is to occur, by phone, by electronic means or in person. The permit will be valid between 9:00 a.m. and 5:00

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p.m. The Emergency Services Director Fire Rescue Chief or his designee may extend the period for the permit when no fire hazard or nuisance to the life or property of any person will be created by such extension.

79.62.B. A permit shall not be required under this article for the

noncommercial preparation of food, provided that such fire is no larger than necessary for preparing the kind and amount of food being prepared and that the fire is constantly attended by an adult person until the fire is extinguished.

79.62.C. Any burning permitted by the Division of Forestry Florida Forest

Service will be exempted from the provisions of this section. 79.62.D. The Director of Emergency Services Fire Rescue Chief may enter into

separate written agreements with other permitting agencies authorizing them to issue burning permits within the areas specified by the agreement.

Sec. 79.63. Same—Conditions for issuance.

A Martin County burning permit may be issued when the following conditions are met:

79.63.A. Residential yard waste. 1. The fire shall be located 50 feet from any structure and adequate

provision shall be made to prevent the fire from spreading, or the fire is contained in a waste burner located in a safe position at least 15 feet from any structure, the fire shall be less than 8 feet by 8 feet in area;

2. The fire shall be constantly attended by an adult person until the fire is extinguished. The person shall have a garden hose connected to a water supply adequate to extinguish the fire or other extinguishing equipment adequate to extinguish the fire readily available for use and adequate to extinguish the fire; and

3. The fire shall be so located that it does not create a fire hazard or a nuisance to the life or property of any person because of sparks, ash, smoke, odor or other cause; and

4. In any case, a permit shall not be issued for burning that would be in violation of any existing State open burning regulations.

79.63.B. Land clearing debris.

1. Open burning of land clearing debris in the urban service area, as defined in the future land use element of the Comprehensive Growth Management Plan, other than by the oxygenated or pit burning technique that does not add particulate matter or smoke to the air, shall be prohibited. Land clearing in areas outside of the defined urban service district, but within one-half-mile radius of a residential

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development, is subject to this criteria. 2. Land clearing debris burning permits shall be valid Monday through

Friday between the hours of 9:00 a.m. and 5:00 p.m. No burning is permitted on weekends and legal holidays as determined by the Martin County Board of County Commissioners.

3. One issued, any permit is subject to revocation upon receipt of one valid complaint. The validity of the complaint is determined by the fire officer who responds to the burn site or area affected by a complaint.

4. If revoked, a permit will not be issued for any further open burning on the site for the duration of the project. Completion of a phase does not constitute completion of a project.

5. Vegetative debris shall either be chipped and delivered for composting to a legal disposal site or shall be delivered to the chipper at the landfill and prepared for composting. Nonvegetative debris (i.e., construction/demolition debris) shall be disposed of at an approved landfill site.

Sec. 79.64. Expenses incurred by Martin County in extinguishing uncontrolled nonstructure fires.

Any person, firm, corporation or association that allows any nonstructure fire, regardless of origin, to become a major fire hazard so as to necessitate extinguishment by a Martin County Fire Rescue Unit(s) shall be liable to Martin County for all costs incurred by Martin County in the extinguishment of the fire. Reimbursement charges for the extinguishment of illegal and uncontrolled nonstructure fires, regardless of origin, shall be in accordance with a fee schedule established by resolution of the Martin County Board of County Commissioners. The County Administrator shall develop a written policy to be approved by resolution of the Martin County Board of County Commissioners covering administrative reduction or elimination of reimbursement charges.

Sec. 79.65. Burning prohibition restriction.

The Emergency Services Director Fire Rescue Chief or his designee may prohibit restrict any or all fires regulated under this article when atmospheric conditions or local circumstances make fires hazardous. A prohibition restriction under this section may apply to the entire unincorporated area of the County or any part thereof and shall supersede any burning permit issued.

Sec. 79.66. Appeals.

Any person may appeal to the Martin County Board of County Commissioners for review of a burning permit or prohibition issued or denied pursuant to this section article.

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ARTICLE 4 COUNTY FIRE RESCUE DIVISION DEPARTMENT DIVISION 1. GENERALLY

Sec. 79.91. Duty of the Fire Rescue Chief to supervise the division department.

79.91.A. The Fire Rescue Chief shall recommend to the Emergency Services Director County Administrator the addition or deletion of positions within the County Fire Rescue Division Department as deemed best suited. This decision shall be for maintaining fire rescue protection throughout the Martin County and increasing the efficiency of the firefighting fire rescue forces of the Martin County.

79.91.B. The Fire Rescue Chief shall recommend to the Emergency Services

Director County Administrator the organization of operational districts as he shall deemed best suited. This decision shall be for maintaining fire rescue protection throughout the Martin County and increasing the efficiency of the firefighting fire rescue forces of the Martin County.

79.91.C. The Fire Rescue Chief under the direction of the Emergency Services

Director shall supervise the County Fire Rescue Division Department , including the career or volunteer members all employees or contractors assigned to the department. The Fire Rescue Chief shall be the lead Fire Rescue Officer for the Martin County and be responsible for all emergency response and activities involving the County Fire Rescue Department. The Fire Rescue Chief shall ensure that the fire stations and equipment are maintained in a constant state of readiness to combat fire respond to emergencies and that the members of the County Fire Rescue Division Department receive proper training in the extinguishing of fires commission of their duties in the most effective manner.

Sec. 79.92. Establishment of the County Fire Rescue Division Department. 79.92.A. In order to maintain fire prevention, and fire protection, emergency

medical services, rescue, and emergency management throughout the Martin County and to increase the efficiency of firefighting fire rescue forces in the Martin County, the Martin County Board of County Commissioners hereby confirmsestablishes the Martin County Fire Rescue Department in the County Fire Rescue Division.

79.92.B. The Martin County Fire Rescue Division Department is responsible

for fire, and rescue, emergency medical services, fire prevention, and fire inspection/investigation services in the unincorporated areas of Martin County and emergency communications, disaster services, emergency management, aeromedical, hazardous materials incident response, technical rescue response and

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ocean rescue countywide. These services may extend to or be received from other governmental entities through interlocal and/or mutual aid agreements.

Sec. 79.93. Responsibility of the County Fire Rescue Department. [The County Fire Rescue Division Department shall be responsible for:]

79.93.A. Maintaining staff, equipment and stations in a constant state of

readiness. 79.93.B. Training staff to be proficient in firefighting and rescue techniques.

79.93.C. The division County Fire Rescue Department shall provide mutual aid to other departments, municipalities and agencies in accordance with adopted County policy.


DIVISION 2. FIRE-RESCUE EMS FEES

Sec. 79.101. Title. This division will be known and cited as the "Martin County Fire-Rescue EMS Fees

Ordinance".

Sec. 79.102. Definitions. The following words, terms, and phrases, when used in this division, shall have the

meanings ascribed to them in this section.

Advanced life support (ALS) services means the treatment of life-threatening emergencies through the use of techniques such as endotracheal intubation, the administration of intravenous fluids, medications, telemetry, cardiac monitoring, cardiac defibrillation, and the use of external pacemakers by a qualified paramedic. Advanced life support services are classified in two categories as follows:

1. Advanced life support, level 1 (ALS1): Where medically necessary, the

provision of an assessment by an advanced life support (ALS) provider and/or the provision of one or more ALS interventions. An "ALS intervention" is defined as a procedure beyond the scope of an EMT-basic as defined in the National EMS Education and Practice Blueprint.

2. Advanced life support, level 2 (ALS2): Where medically necessary, the administration of at least three separate intravenous administrations of one or more different medications and/or the provision of one or more of the following ALS procedures:

* Manual defibrillation/cardioversion. * Endotracheal intubation.

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* Central venous line. * Cardiac pacing. * Chest decompression. * Surgical airway. * Intraosseous line.

Basic life support (BLS) services include the treatment of medical emergencies by

a qualified person through the use of techniques such as patient assessment, cardiopulmonary resuscitation (CPR), splinting, obstetrical assistance, bandaging, administration of oxygen, application of medical anti-shock trousers, administration of a subcutaneous injection using a premeasured auto-injector of epinephrine to a person suffering from an anaphylactic reaction, and other techniques described in the Emergency Medical Technician Basic Training Course Curriculum of the United States Department of Transportation.

Sec. 79.103. Emergency fees and service charges.

The Martin County Board of County Commissioners may establish by resolution, certain emergency fees and charges for County fire-rescue services. A fee may be imposed for the provision of basic life support services (BLS) and advanced life support services level 1 and 2 (ALS1 and ALS2) services and transports, both via ground (ambulance) and air (helicopter) and a service charge may be imposed for mileage. The County Administrator shall develop a written policy to be approved by resolution of the Martin County Board of County Commissioners covering administrative reduction or elimination of reimbursement charges. Secs. 79.104—79.109. Reserved.

DIVISION 3. RESERVED Secs. 79.110 – 79.120. Reserved.

ARTICLE 5 FIRE PREVENTION CODE DIVISION 1. GENERALLY

Subdivision 1. - General Regulations Sec. 79.121. Adopted.

The National Fire Prevention Protection Association Life Safety Code (NFPA 101) Life Safety Code and NFPA 1 Fire Prevention Code (NFPA 1) of the National Fire Protection Association (with the exception of appendices annex C and Chapter 1.10 Board of Appeals) and their incorporated standards and codes as published and amended from time to time are adopted as the Martin County fire prevention code.

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Sec. 79.122. Purpose. The purpose of the fire prevention code is to establish minimum requirements

that will provide a reasonable degree of safety from fire in new and existing buildings and structures.

Sec. 79.123. Cease and desist orders; orders to correct hazardous conditions; orders to vacate; violations; penalties.

79.123.A. If during the conduct of a fire safety inspection it is determined that a violation exists which poses an immediate danger to the public health, safety or welfare, the Director of Emergency Services Fire Rescue Chief or designee may issue an order to immediately correct the violation or vacate the building and/or premises in question, which order shall be immediately effective and shall be final.

79.123.B. Any person who violates or fails to comply with any orders so

described is guilty of a misdemeanor, punishable by a fine not to exceed $500.00 and a definite term of imprisonment not to exceed 60 days.

Sec. 79.124. Applicability of fire prevention code.

79.124.A. All developments shall provide or have available fire prevention and extinguishment systems which include wet fire hydrants and pump supplied by a well or public or private utility system. This fire prevention and extinguishment system shall meet or exceed the requirements for such systems, as set forth in the National NFPA 1 Fire Code as adopted in section 79.121 of this Code. For purposes of this section, the word "development" shall include:

1. Subdivisions as defined in section 4.911 of the Land Development Regulations;

2. Multiple-dwellingMultifamily dwelling projects, both major and minor, as defined in section 33-733.3 of the Land Development Regulationsthis Code;

3. Planned unit developments, both major and minor, as defined in section 33-5723.241 of the Land Development Regulationsthis Code;

4. Developments, as defined in section 33-717.3 of the Land Development Regulations; and

5. Mobile home parks as defined in subsection 33-15(51)3.403 of the Land Development Regulationsthis Code.

79.124.B. When any subdivision or development is within 1,000 feet of an approved central water system with current operating permits and excess capacity, that system should be used.

Sec. 79.125. Single-family subdivisions with minimum lot sizes of one-half acre to meet standards for rural water systems.

79.125.A. Single-family subdivisions with minimum lot sizes of one-half acre

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shall be exempt from the requirements for a central water system and shall meet the following design standard for rural water systems with dry hydrants as specified in the National Fire Codes, Standard NFPA 1231, Standard on Water Supplies for Suburban and Rural Fire Fighting.

79.125.B. Dry hydrants shall be installed within 1,000 feet of each lot in the subdivision. Lift distance shall not exceed ten feet unless the Fire Rescue Chief certifies that adequate pumps are available to handle greater lift distances. Where a water source is not available within 1,000 feet, the distance may be up to 2,000 feet if the Fire Rescue Chief of the district certifies that he the County has equipment and personnel to pump over the extra distance.

79.125.C. The water source shall be of adequate depth and size to deliver 3,000

gallons at 500 gpm in all seasons. 79.125.D. All hydrants shall be within 15 feet of a road paved to County

standards and shall have no obstructions between the road and the hydrant. Sec. 79.126. Maintenance.

The owners of both central and rural water systems shall be responsible for maintaining the systems in accordance with National Fire Code provisions. Sec. 79.127. Certification.

No certificate of occupancy shall be issued until the water system has been certified by a licensed engineer, approved by the County Engineer, and tested to the satisfaction of the local Fire Rescue Chief. Upon such certification, approval and testing, certificates of occupancy for structures to be served by the water system may be issued. Sec. 79.128. Retroactivity.

The provisions of this article shall apply equally to existing as well as new developments, except that existing developments, including those that have received preliminary or final site plan approval or building permits as of July 1, 1981, may be permitted to continue unless in the opinion of the County Fire Prevention Bureau Chief (Fire Marshal) they constitute a distinct fire hazard to life or the property of others, based on available data. Secs. 79.129—79.150. Reserved.

Subdivision 2. - Fire False Alarms

Sec. 79.151. Short title. This subdivision shall be known as the "Martin County Fire False Alarm Ordinance".

Sec. 79.152. Definitions. Alarm system means any mechanical, electrical or radio-controlled device or

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security system designed to detect fire, smoke, heat, or indicate a medical emergency, and which will transmit a signal or message when activated to which the Emergency Services County Fire Rescue Department is expected to respond. The term does not include smoke detectors not connected to an alarm system that is part of a one- or two-family structure, or the use of a telephone by a person.

Alarm user means the person, firm, partnership, association, corporation,

company or organization of any kind in control of a building wherein an alarm system is maintained.

Excessive false alarms means three or more false alarms within a 180-day period

and such subsequent time until 180 consecutive days pass without a false alarm.

False alarms means the activation of an alarm system through mechanical failure, malfunction, improper installation or negligent or intentional misuse, where no indicated emergency existed, which results in any response by the Emergency Services County Fire Rescue Department.

Fire Rescue Chief means the Martin County Fire Rescue Department Director or

designee.

Sec. 79.153. Response to alarms; determination of validity. 79.153.A. Whenever an alarm system is activated within the jurisdiction of

Martin County and a response is made by the Emergency Services County Fire Rescue Department, the Emergency Services Director Fire Rescue Chief , or his designee, shall determine whether a response occurred.

79.153.B. If the Emergency Services Director Fire Rescue Chief, or his designee,

determines the alarm to be false, said officer shall cause a report of the false alarm to be filed. Notification of such shall be mailed or delivered to the address of the alarm system advising the alarm user of the false alarm.

79.153.C. The Emergency Services Director Fire Rescue Chief, or his designee,

shall have the right to inspect any alarm system to determine whether the system is being used in conformance with this subdivision and other applicable codes.

Sec. 79.154. False Alarm Service Charge. 79.154.A. Notwithstanding any provision in this subdivision to the contrary,

there shall be a three-month grace period following installation of an alarm system in new or existing construction. Such grace period shall commence upon certification of the alarm system by the Emergency Services Director Fire Rescue Chief, or his designee. During this grace period no false alarms shall be considered for purposes of subsection B hereunder.

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79.154.B. It is hereby found and determined that excessive false alarms as

defined in section 79.152 of this code, constitute a public nuisance, and pose an unreasonable danger to health, safety and welfare of the citizens of this County.

79.154.C. The emission of excessive false alarms as defined in section 79.152 of

this code is subject to a false alarm service charge which will be provided for by Board resolution. The Fire Rescue Chief, or designee, shall issue a notice assessing the penalty provided below, which shall be due and payable within 30 days of issuance.

79.154.D. There shall be a charge of $75.00 per responding department vehicle

imposed The service charge for any false alarm constituting an excessive false alarm as defined above. Such charge shall be imposed by the Emergency Services Director Fire Rescue Chief , or his designee, in a written notice of violation made to the alarm user. The notice shall state the reason for imposing the charge and advise the alarm user of the right to appeal the Emergency Service Director’s decision to the Code Enforcement Special Magistrate. The County Administrator shall develop a written policy to be approved by resolution of the Martin County Board of County Commissioners covering administrative reduction or elimination of reimbursement charges.

79.154.E. The charges shall be payable to the Martin County Board of County

Commissioners.

Sec. 79.155. Enforcement. 79.155.A. The County may utilize the code enforcement procedure set forth in

Chapter 1, Article 4 herein, to obtain compliance with this article and payment of service charges assessed by the County. The County Attorney may take such measures, including proceeding by a suit in a court of competent jurisdiction, as is necessary to collect any penalties assessed under this subdivision if payment has not been made within the time specified in the notice.

79.155.B In the alternative, the County Attorney may take such measures,

including proceeding by a suit in a court of competent jurisdiction, as is necessary to collect any penalties assessed under this subdivision if payment has not been made within the time specified in the notice.


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DIVISION 2. BOARD OF APPEALS AND ADJUSTMENTS Sec. 79.181. Created.

There shall be a board known as the Board of Appeals and Adjustments to the Fire Codes. Sec. 79.182. Qualifications of members.

A board of appeals shall be appointed consisting of members who, by education and experience are qualified to pass upon the application of this code as it affects the interests of the general public. Board members shall not be officers, agents, or employees of this jurisdiction. No more than one of said members shall be engaged in the same business, profession or line of endeavor. No member of the board of appeals shall sit in judgment of any case in which he is directly interested. Sec. 79.183. Composition; terms of members.

79.183.A. A board of appeals is hereby established consisting of five at-large members who shall be appointed by the Martin County Board of County Commissioners, by reason of education, experience and knowledge, and are deemed to be competent to sit in judgment on matters concerning the fire code and its enforcement. Members shall be composed of individuals experienced in the fields or professions of engineering or architectural design, general contracting, fire protection contracting, fire department operations or fire code enforcement, building code enforcement, legal, or general public. Each member shall be permitted to have an alternate with similar experience to serve in his or her stead when necessary. There shall be one ex officio member representative of the Fire Marshal who shall be entitled to participate in all discussions but is not entitled to a vote.

79.183.B. The members and alternates shall serve for terms of three years,

except for the initial appointees, who shall serve as follows: two members and their alternates shall serve for terms of one year; two members and their alternates shall serve for terms of two years, and one member and his or her alternate shall serve for a term of three years.

79.183.C. Each member and alternate shall be a registered voter in Martin

County for at least one year before his appointment and shall not be an employee, agent or officer of the County.

Sec. 79.184 Organization; procedure.

The members of the board of appeals shall elect a chairman and a vice chairman. The presence of three or more five board members shall constitute a quorum. Members shall serve without compensation, but may be reimbursed for such travel expenses, mileage expenses, and/or per diem expenses as may be authorized by the Board of

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County Commissioners. The chairman may call hearings by the board, and hearings may be called by written notice signed by at least three members of the board, and the board at the hearing may fix and call a hearing on a future date. Minutes shall be kept of all board proceedings.

79.184.A. Means of appeal. 1. Any person with standing shall be permitted to appeal a decision

of the Fire Marshal to the board of appeals when it is claimed that any one or more of the following conditions exist: a. The true intent of the fire code has been incorrectly

interpreted. b. The provisions of the fire code do not fully apply. c. A decision is unreasonable or arbitrary as it applies to

alternatives or new materials. 2. An appeal shall be submitted to the Fire Marshal in writing within

thirty (30) calendar days of notification of a violation. The appeal shall outline all of the following: a. The fire code provision(s) from which relief is sought. b. A statement indicating which provisions of paragraph 1, of this

subsection apply. c. Justification as to the applicability of the provision(s) cited in

paragraph 1 of this subsection. d. A requested remedy. e. Justification for the requested remedy stating specifically how

the fire code is complied with, public safety is secured, and fire fighter safety is secured.

3. Documentation supporting an appeal shall be submitted to the Fire Marshal at least seven (7) calendar days prior to the board of appeals hearing.

79.184.A.B. Preliminary matter; continuances. Upon approval of a majority of

the board of appeals, a continuance may be granted in any hearing for good cause shown.

79.184.B.C. Conduct of hearing before board.

1. Oral evidence shall be taken on oath or affirmation. 2. The hearing board shall give probative effect to evidence which

would be admissible in receiving evidence. Due regard shall be given to the technical and highly complicated subject matter and the exclusionary rules of evidence shall not be used to prevent the receipt of evidence having substantial probative effect. Otherwise, effect shall be given to the rules of evidence recognized in the State of Florida.

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79.184.C.D. Rules of Order. Hearings shall begin with the presentation of the

Fire Marshal’s case with the right of the appellant to cross examine witnesses, followed by presentation of the appellant’s case with the Fire Marshal’s right to cross examine witnesses.

79.184.D.E. Decision. The decision of the hearing board shall be in writing and

rendered within 30 days from the date of the hearing, entered in the minutes of the board meeting, and promptly filed in the office of the Fire Marshal. The decision shall contain a brief statement found to be true, the determination of the issues presented and the order of the hearing board. If the decision of the hearing board modifies an order of the Fire Marshal, it shall specify the manner in which such modification is made, the conditions upon which it is made, the reasons therefore, and justification linked to specific code sections. A certified copy of the decision shall be mailed or delivered to the appellant, the Fire Marshal, and to every person who appeared as a party at the hearing and a copy shall be publicly posed in the office of the Fire Marshal for two (2) weeks after filing.

79.185 Purpose.

The board of appeals shall provide for reasonable interpretation of the provisions of the fire code and rule on appeals from decisions of the Fire Marshal. 79.186. Duties and powers.

The board of appeals shall meet monthly, as required, for the purpose of interpreting the provisions of the fire code and to consider and rule on any properly filed appeal from a decision of the Fire Marshal. The board of appeals shall have the authority to grant alternatives or modifications through procedures outlined in section 1.4 of the fire code. The board of appeals shall give the appellant at least five days’ notice of hearing, but in no case shall the board fail to hear an appeal within 45 thirty (30) days of filing of notice of appeal. The notice of hearing shall specify the date, time and exact place of the hearing. 79.187. Fire Marshal Order Stayed.

Pending final decision of the board of appeals, the order of the Fire Marshal shall be stayed unless, in the opinion of the Fire Marshal, there is a distinct fire hazard to life or the property of others based on available data. 79.188. Appeals from the board of appeals.

Every decision shall be promptly filed in the office of the Fire Marshal and shall be kept publicly posted in the office of the Fire Marshal for two weeks after filing. Every decision of the board of appeals shall be final. Appeals from a decision of the board of appeals and adjustments is by certiorari to the Circuit Court pursuant to general law and the Florida Rules of Appellate Procedure.

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Secs. 79.189 79.183—79.220. Reserved.

ARTICLE 6. FIREWORKS

Sec. 79.221. Definitions. BCC means Martin County Board of County Commissioners. Building shall mean a permanent structure containing no fewer than four outer

walls and a roof enclosing said walls, constructed in accordance with the local building code and a duly issued building permit, and for which occupancy is authorized by a duly issued certificate of occupancy. For purposes of this section, the term "building" shall also include a part of the structure, such as a unit or space within a shopping center.

Commercial structure or building shall mean a building constructed and used for

the purpose of producing income. For purposes of this section article, the term "commercial building" shall not include a building designed, constructed, and used in accordance with the laws for residential occupancy.

Fireworks shall mean and include any combustible or explosive composition, or

any substance or combination of substances, or any article prepared for the purpose of producing a visible and audible effect by combustion, explosion, deflagration, detonation, or shower of sparks, including but not limited to firecrackers, torpedoes, skyrockets, Roman candles, dago bombs, aerial spinners, and other devices of like construction, any devices containing any explosive or flammable compound, and any tablets or other article containing an explosive substance. The term "fireworks" shall not include auto flares, emergency signalling signaling devices, sparklers, toy paper caps containing not in excess of 25/100 grain of explosive content per cap, toy pistols, toy canes, and toy guns designed to use these caps, novelty and trick noisemakers, as defined by the National Fire Protection Association, and those items tested and approved as sparklers and listed as such by the State Fire Marshal's annual listing.

NFPA: National Fire Protection Association.

Occupancy: The purpose for which a building or portion thereof is used or

intended to be used.

Retailer means any person engaged in the business of selling sparklers to consumers at retail.

Seasonal retailer means any person engaged in the business of selling sparklers at

retail in Martin County from June 20 through July 5 and from December 10 through January 2 of each year.

Sparkler means any device which emits showers of sparks upon burning, does not

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contain any explosive compounds, does not detonate or explode, is handheld or ground-based, cannot propel itself through the air, and contains not more than 100 grams of the chemical compound which produces sparks upon burning. Any sparkler that is not approved by the Division of State Fire Marshal is classified as fireworks.

Wholesaler means any person registered with the State Fire Marshal engaged in

the business of selling sparklers or fireworks as provided for in F.S. § 791.04to a retailer.

Sec. 79.222. Manufacture, sale and use of fireworks. 79.222.A. The manufacture of fireworks in Martin County is prohibited. 79.222.B. Except as herein provided, it shall be unlawful to sell any fireworks in

Martin County. 79.222.C. It shall be unlawful for any person to possess, use or explode any

fireworks at any public assembly in Martin County, unless such use is approved and authorized by the Martin County Fire Prevention Bureau Chief (Fire Marshal).

79.222.D. A registered wholesaler, properly licensed and registered with the

State Fire Marshal and Martin County at the time of sale, may sell fireworks as provided in State law and as further provided herein.

79.222.E. The authorized sale of fireworks may only be made on lands zoned

commercial or industrial and only from a permanent commercial building. Such building shall be protected with automatic fire sprinklers and fire alarms in accordance with the appropriate NFPA standards for such occupancy hazard. It shall be unlawful to sell fireworks from tents, open air stands or under a canopy.

Sec. 79.223. Seizure and disposal of fireworks.

79.223.A. The Sheriff of Martin County and his deputies shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored or held in violation of this article.

79.223.B. In the interest of public safety and due to the dangers associated with

the storage of fireworks, any official seizing illegal fireworks shall arrange for the proper disposal and destruction of said fireworks as soon as possible after their seizure.

Sec. 79.224. Enforcement.

The Sheriff of Martin County and his deputies shall be responsible for the enforcement of this article. Secs. 79.225—79.250. Reserved.

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ARTICLE 7. FIRE/RESCUE MUNICIPAL SERVICE TAXING UNITS

Sec. 79.251. Creation, purpose.

79.251.A. There is hereby established, pursuant to the authority granted the County by Florida Statutes, fire/rescue municipal service taxing units (MSTUs) which shall be comprised of the specific areas of Martin County's unincorporated area described in this article.

79.251.B. The purpose of each fire/rescue MSTU shall be to provide fire

protection and fire rescue or similar services, including basic life and ambulance services.

Sec. 79.252. Governing body; administration.

The Martin County Board of County Commissioners shall be the governing body of each fire/rescue MSTU created by this article. The Martin County Board of County Commissioners may establish such administrative structures and procedures as it deems necessary to effect the purpose and intent of this article. Sec. 79.253. Powers.

79.253.A. Each fire/rescue MSTU shall have the power to levy ad valorem taxes; to contract, borrow, and expend funds; to issue bonds, certificates of indebtedness, revenue certificates, and other obligations of indebtedness; and to exercise any and all other power as granted by general or special law that is necessary to effect the purpose and intent of this article.

79.253.B. Each fire/rescue MSTU shall have the authority to enter into contracts

with municipalities, counties, and other governmental units for the purpose of obtaining or providing any or all of the services the fire/rescue MSTU is established to provide.

Sec. 79.254. Contracting for services. 79.254.A. Any municipality, special district, or other unit of local government

contracting for services provided by a fire/rescue MSTU shall be required to pay for such services in an amount equal to that amount which would be levied by the fire/rescue MSTU if the area of said municipality, special district, or other unit of local government served was included in the fire/rescue MSTU.

79.254.B. Any Martin County ordinance(s) pertaining to fire protection and/or

fire/rescue services, applicable to the fire/rescue MSTU, shall be applicable to, and effective within the area of, any municipality, special district, or other unit of local government that contracts with the fire/rescue MSTU for services.

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79.254.C. All other contractual terms shall be set forth in an interlocal agreement between the municipality, special district, or other unit of local government and the fire/rescue MSTU.

Sec. 79.255. Funding. 79.255.A. Each fire/rescue MSTU created hereunder shall be funded through:

1. The levy of an ad valorem tax against the assessed value of all

lawfully taxable property situated within the boundaries of the respective fire/rescue MSTU. Such levy, together with all other ad valorem taxes levied for municipal services, shall not exceed ten mills; and

2. Service charges, contractual charges, special assessments, and any other income or source of funds, attributable to the fire/rescue MSTU.

79.255.B. Any funds lawfully available from any source may also be utilized to

fund the services provided pursuant to this article.

Sec. 79.256. Budget adoption. Each year the fire/rescue MSTU shall adopt an annual budget according to the

requirements set forth in the Florida Statutes. The Martin County Board of County Commissioners thereafter may cause such millage to be levied against all lawfully taxable property within said fire/rescue MSTU as is sufficient to raise the budget. All funds so raised shall be used solely for the expenses of the fire/rescue MSTU. In the event equipment or personnel are utilized outside the fire/rescue MSTU's area, the fire/rescue MSTU shall be reimbursed for such utilization. Proper accounts and records shall be kept at all times. Sec. 79.257. Countywide fire/rescue MSTU.

79.257.A. Purpose. A municipal service taxing unit (MSTU) is hereby established for fire/rescue services as provided for in F.S. § 125.01(q), within all of unincorporated Martin County.

79.257.B. Boundaries. The boundaries shall include the following areas: Beginning at the northwest corner of Township 38 South, Range 37 East; thence east, concurrent with the south boundary line of St. Lucie County, to the southwest corner of Section 31, Township 37 South, Range 41 East; thence north on the west line of said Section 31 and other sections to the northwest corner of Section 18, Township 37 South, Range 41 East; thence east on the north line of said Section 18 and other sections to the waters of the Atlantic Ocean; thence

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easterly to the eastern boundary of the State of Florida; thence southward along the coast, including the waters of the Atlantic Ocean within the jurisdiction of the State of Florida, to the south line of Section 20, Township 40 South, Range 43 East, produced easterly; thence west on the south line of said Section 20, and other sections, to the southwest corner of Section 22, Township 40 South, Range 42 East; thence south on the east line of Section 28, Township 40 South, Range 42 East, to the southeast corner of said Section 28; thence west on the south line of said Section 28 and other sections to the east shore of Lake Okeechobee; thence continue west in a straight course to the northeast corner of Section 36, Township 40 South, Range 34 East, being the southwest corner of Section 30, Township 40 South, Range 35 East, thence northeasterly in a straight course to the line of normal water level on the boundary of Lake Okeechobee at its intersection with the line dividing Ranges 36 and 37 East, Township 38 South; thence north on said range to the place of beginning; less and except all incorporated municipalities.

Beginning at the northwest corner of township thirty-eight south, range thirty-seven east; thence east, concurrent with the south boundary line of St. Lucie County, to the southwest corner of section thirty-one, township thirty-seven south, range forty-one east; thence north on the west line of said section thirty-one and section thirty, township thirty-seven south, range forty-one east, 6,459 feet to a point lying within the water body of the north fork of the St. Lucie River; thence departing said line within the north fork of the St. Lucie River a bearing direction (State Plane Coordinate System, Florida East Zone) of 41 degrees north, 4 minutes west, a distance of 6,155 feet, more or less, to a point lying within the water body of the north fork of the St. Lucie River; thence departing said point a bearing direction (State Plane Coordinate System, Florida East Zone) of 45 degrees north, 16 minutes east, a distance of 2,355 feet, more or less, to a point intersecting with the north shore of the north fork of the St. Lucie River and the west edge of the Howard Creek as concurrent with the City of Port St. Lucie municipal boundary limits; thence departing said intersecting shore and edge lines following along the City of Port St. Lucie municipal boundary line north along the west edge of Howard Creek to the south line of the northeast quarter of section twenty-four, township thirty-seven south, range forty east; thence east along said south line of the northeast quarter to the intersection of the east 924.15 feet of section twenty-four, township thirty-seven south, range forty east; thence north along said east 924.15-foot line of section twenty-four, township thirty-seven south, range forty east, to the intersection of the north line of the south 508.15 feet of the northeast quarter of section twenty-four, township thirty-seven south, range forty east; thence east along said south 508.15-foot line of the northeast quarter of said section twenty-four, township thirty-seven south, range forty east, to an intersection with the west line of township thirty-seven south, range forty-one east, also being the existing Martin

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County boundary line; thence north concurrent with the Martin County boundary line, along the west line of sections nineteen and eighteen, township thirty-seven south, range forty-one east, to the northwest corner of section eighteen, township thirty-seven south, range forty-one east; thence east on the north line of said section eighteen and other sections to the waters of the Atlantic Ocean; thence easterly to the eastern boundary of the State of Florida; thence southward along the coast, including the waters of the Atlantic Ocean within the jurisdiction of the State of Florida, to the south line of section twenty, township forty south, range forty-three east, produced easterly; thence west on the south line of said section twenty, and other sections, to the southwest corner of section twenty-two, township forty south, range forty-two east; thence south on the east line of section twenty-eight, township forty south, range forty-two east, to the southeast corner of said section twenty-eight; thence west on the south line of said section twenty-eight and other sections to the east shore of Lake Okeechobee; thence continue west in a straight course to the northeast corner of section thirty-six, township forty south, range thirty-four east, being the southwest corner of section thirty, township forty south, range thirty-five east; thence northeasterly in a straight course to the line of normal water level on the boundary of Lake Okeechobee at its intersection with the line dividing ranges thirty-six and thirty-seven east, township thirty-eight south; thence north on said range line to the place of beginning, less and except all incorporated municipalities.

PART FIVE: SECTIONS 87.102, 87.103, 87.105, 87.107, 87.108, 87.109, 87.110, AND 87.111 OF ARTICLE 4 OF CHAPTER 87, EMERGENCY MEDICAL SERVICE AND TRANSPORTATION are amended as follows: Sec. 87.102. Authority and purpose

87.102.A. This article is promulgated pursuant to F.S. ch. 401. The purpose of this article is to promote the health, safety, and welfare of residents of Martin the County in need of emergency medical services or ambulance transportation by providing for an Martin County Emergency Medical Services Advisory Council; establishing standards for issuing certificates of public convenience and necessity for transportation of advanced life support (ALS) service and basic life support (BLS) service providers; and by providing for the adoption of regulations governing the operation of emergency medical transportation of ALS services and BLS services. Private or public agencies shall not operate a business or service that provides interfacility or pre-hospital emergency medical services transportation of patients within or originating from Martin the County without a certificate of public convenience and necessity for transportation of ALS services and BLS services.

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87.102.B. The Board of County Commissioners specifically intends that the Martin County Fire Rescue Services Department shall be responsible for providing emergency pre-hospital ALS and BLS services within the County, with the exception of within the incorporated municipalities unless the municipality is under contract with the County for such services, and that the role of private ALS and BLS services shall be to provide, on request, interfacility, non-emergency transportation.

Sec. 87.103. Definitions. The following words when used in this article shall have the definitions as follows:

Advanced life support (ALS): Treatment of life-threatening medical emergencies through the use of techniques such as endotracheal intubation, the administration of drugs, intravenous fluids, telemetry, cardiac monitoring, and cardiac defibrillation by a paramedic as defined in F.S. § 401.23.

Advanced life support service: Any emergency medical transport or nontransport

service, which uses advanced life support techniques. Advanced life support vehicle: Any ambulance or emergency medical services

vehicle that is equipped to provide advanced life support. Air ambulance: Any rotary-wing aircraft used for, or intended to be used for, air

transportation of sick or injured persons requiring or likely to require medical attention during transport.

Air ambulance service: Any publicly or privately owned service, which operates air

ambulances to transport persons requiring or likely to require medical attention during transport.

Ambulance: Any private or publicly owned land or water vehicle that is designed,

constructed, reconstructed, maintained, equipped or operated for, and is used for, or intended to be used for, responding to emergency, nonemergency, or interfacility medical calls.

Basic life support (BLS): means tTreatment of medical emergencies by a qualified person through the use of techniques such as patient assessment, cardiopulmonary resuscitation (CPR), splinting, obstetrical assistance, bandaging and administration of oxygen by an Emergency Medical Technician as defined in F.S. § 401.23.

Basic life support service: means aAny emergency medical service, which uses

only basic life support techniques.

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Basic life support vehicle: Any ambulance or emergency medical services vehicle that is equipped to provide only basic life support.

Board: The Board of County Commissioners of Martin County, Florida. Certificate holder: Any person or persons named as owner, officer, director, or

shareholder on the application for certificate of public convenience and necessity. County: Martin County, a political subdivision of the State of Florida. Deficiency correction notice: A notice issued by the Emergency Services Director,

Fire Rescue Chief or designee, notifying a certificate holder of any infraction with the infraction specified and a specified time period allowed for correction.

Emergency event: An emergency call, i.e., 911 or other communications of an

emergency medical need or interfacility transfer, that is deemed medically necessary by a physician, on merit of patient condition or need for medical specialty not offered in local hospitals.

Emergency medical call: Any request for medical assistance or transportation

which requires the immediate or prompt dispatch of an ALS or BLS vehicle or any situation which requires the immediate or prompt provision of medical assistance or transportation.

Emergency medical services: The activities or services to prevent or treat a sudden

critical illness or injury and to provide emergency medical care and pre-hospital/interfacility emergency medical transportation to sick, injured, or otherwise incapacitated persons in Martin County, Florida by emergency medical service providers, pursuant to F.S. § 401.23.

Emergency Medical Services Advisory Council: A countywide council who that

makes recommendations to the Board regarding delivery of emergency medical services in Martin County to the Board of County Commissioners.

Emergency medical service providers: Basic and advanced life support services

operators holding a valid class A or class A Air (as defined in § 87.104 herein) certificate of public convenience and necessity issued by Martin County (as defined in § 87.104 of this Code).

Emergency Services Director Fire Rescue Chief or designee: Chief of the Martin

County Fire Rescue Department or designee charged with responsibility and authority to supervise, direct, and administer the Emergency Medical Service, ALS and BLS system on a countywide basis to effectuate delivery of Emergency Medical Service services. If a

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situation exists which poses a serious or imminent threat to the health, safety, welfare, or public need and convenience, the Emergency Services Director Fire Rescue Chief or designee shall have such temporary emergency powers as are necessary to remedy the situation.

Inspection: The routine or periodic examination and audit of the records,

personnel, vehicles, and staffing of the certificate holder. Interfacility transfer: The transportation of a patient requiring an ambulance with

BLS or ALS level of medical assistance between two medical facilities licensed by the State of Florida.

Medical director: The licensed physician contracted or employed pursuant to F.S.

§401.265 to give medical direction to and establish medical protocols for emergency medical services personnel including paramedics and emergency medical technicians.

Nonemergency medical call: Any request for medical assistance or transportation

which does not require immediate or prompt dispatch of an ALS or BLS vehicle or any situation which does not require the immediate or prompt provision of medical assistance or transportation.

Nonemergency medical service providers: Any privately or publicly owned service

intended to be used for ALS or BLS interfacility transfer, or facility to home, or home to facility, holding a valid class B, class B Air or class C certificate of public convenience and necessity issued by Martin County (as defined in section 87.104 of this Code herein). It does not include patients who have accessed the 911 emergency response system to summon the emergency medical services provider.

Patient: Any person who is in need of, or may need, medical assistance or

transportation. Service area: The geographic area listed on a service provider's certificate of public

convenience and necessity. Transfer: The transportation of a patient by ground or air ambulance as a result of

a request for response to an emergency or nonemergency medical call. Sec. 87.105. Application; information and fee required.

No person, firm, corporation, or partnership shall operate any of the services as described in section 87.104 of this Code unless a certificate of public convenience and necessity is first obtained from the Board of County Commissioners. Each application for a certificate of public convenience and necessity shall be accompanied by a nonrefundable filing fee in the amount of $100.00 to be paid to the Board Martin

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County, Florida, at the same time said the application is filed or submitted with to the Martin County Fire Rescue Department to cover costs and expenses incurred on behalf of the County in processing of said the application. No filing fee is required for a renewal application or a volunteer service who does not charge a fee for the service. Any applicant for an initial certificate of public convenience and necessity from the County shall apply to the bBoard in writing and complete a form provided by the bBoard containing the following information:

87.105.A. Applications for a certificate of public convenience and necessity for

class A, class A Air, class B, class B Air, and class C emergency medical services transportation, advanced life support ALS or basic life support BLS services, between June 1 and July 31 of each year, shall be filed with the Emergency Services Fire Rescue Department. All applications shall contain the following:

87.105.B. 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.

87.105.C. The service area which the applicant desires to serve. 87.105.D. The location and description of the place or places from which the

applicant will operate. 87.105.E. The source of funds which will enable the applicant to commence

operation, and a schedule of any rates which the applicant intends to charge. 87.105.F. The names and addresses of at least three local references from

licensed medical facilities operating in Martin County. 87.105.G. The need for the proposed service in the requested service area. 87.105.H. Such other reasonable information as may be required by the

Emergency Services Director Fire Rescue Chief or designee. Sec. 87.107. Investigation; staff recommendation.

87.107.A. After an application has been received by the County, the Emergency Services Director Fire Rescue Chief, or his designee, shall cause an investigation to be made into the application, including a determination of the public need for the proposed service in the geographical area requested. The County may conduct a survey of the licensed nursing homes, Assisted Care Living Facilities and Hospitals to assist in determining need for additional ambulance services. The survey may be conducted at times to be determined by the Emergency Services Director Fire Rescue Chief.

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87.107.B. The Emergency Services Director Fire Rescue Chief, or his designee,

shall contact the Medical Director, all other service providers in the County, and any municipality in which the applicant desires to provide service. Within 30 days from the receipt of the completed application, the Emergency Services Director Fire Rescue Chief or his designee, shall schedule a public review before the Emergency Medical Services Advisory Council with notice to all other service providers in the requested service area, any municipality in the requested service area and to the general public by publication in the local newspaper with at least one week's notice. At the public review, the Emergency Medical Services Advisory Council shall consider the report from the Fire Rescue Chief and comments from other service providers, municipalities, or and interested groups or citizens and make a recommendation to support or not support the requested certificate of public convenience and necessity. The Emergency Services Director Fire Rescue Chief or his designee must report the recommendation of the Emergency Medical Services Advisory Council to the Board of County Commissioners within 30 days of the Emergency Medical Services Advisory Council vote. The Board of County Commissioners will consider the Emergency Medical Services Advisory Council's recommendation and may grant or deny the applicant's request for certificate of public convenience and necessity.

87.107.C. In making The his report to the Emergency Medical Services Advisory

Council for recommendation to the Board, by the Emergency Services Director Fire Rescue Chief, or his designee, shall consider include the following factors:

1. The population density and composition of the likely areas within

which the proposed ALS or BLS nonemergency transport service will operate.

2. The need of the people in the area for ALS, BLS, or nonemergency medical transport services and any Survey conducted under §section 87.107.A. of this Code.

3. A comparison of estimated annual requests for service in the

particular certificate category with the current number of vehicles satisfying requests.

4. Such other factors as may be considered important by the

Emergency Services Director, Fire Rescue Chief or his designee.

Sec. 87.108. Contents of certificate. Any certificate issued under this division article shall require the service provider

and all employees, including paramedics and emergency medical technicians, to comply with the following:

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87.108.A. For Class A and Class A Air, aAgree to respond to emergency

prehospital calls in the County and may conduct nonemergency, interfacility medical transport or nonemergency transfer service at the ALS or BLS level.and when When units are available, to provide response to other services areas in the County as requested to do so by other providers or by the Emergency Services Director Fire Rescue Chief or his designee (class A only).

87.108.B. For Class B and Class B Air, in In time of declared disaster in Martin

the County, make no less than 50 percent of available staffing manpower and equipment authorized to operate in the County available as an emergency resource and respond at the direction of the Emergency Services Director Fire Rescue Chief, or his designee (class B only).

87.108.C. Provide continuous and uninterrupted service within the service area. 87.108.D. Maintain the number of vehicles which shall be the number that

appears on the approved certificate of public convenience and necessity application. 87.108.E. Use its lights and sirens only for properly authorized emergency

events and in compliance with State law and local law enforcement policy. 87.108.F. Operate in compliance with all federal, State and local laws, rules, and

regulations.

Sec. 87.109. Expiration and transferability. A certificate of public convenience and necessity shall be valid for a period not to

exceed two years and automatically expire at midnight on December 31 of the even calendar year. The certificate of public convenience and necessity shall not be transferable without the prior written consent of the County Administrator or designee. The certificate holder shall immediately notify the County of any changes of ownership or control. Sec. 87.110. Renewal.

87.110.A. The certificates may be renewed by the bBoard after Emergency Medical Services Advisory Council review and recommendation. Renewal shall be made by application by the certificate holder. However, if the bBoard has reason to believe that the public health, safety, and welfare requires it, a public hearing may be ordered by the bBoard to consider not renewing any certificate. Before any such action can occur, the bBoard must first comply with the notice and hearing provisions of section 87.107 of this Code.

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87.110.B. Application for renewal of existing certificates of public convenience and necessity shall be made by written request to the Emergency Services Director Fire Rescue Chief or his designee. This request shall be filed no less than 90 days prior to the expiration date of the provider’s certificate of public convenience and necessity.

Sec. 87.111. Revocation, alteration or suspension.

87.111.A. General. Every certificate issued under this article shall be subject to revocation, alteration or suspension by the bBoard where it shall appears that the certificate holder has not complied with the requirements of the certificate and the public interest so required. It shall be a violation of this article for any person, business entity, hospital, or government agency to:

1. Knowingly make an omission of a material fact or a false

statement in any application or other document filed with the Emergency Services Director Fire Rescue Chief or his designee;

2. Represent herself, himself, or itself as an emergency medical transport service, an advanced life support ALS service, or a special limited service, or engage in the business of conducting emergency medical transport service, an advanced life support ALS service, or a special limited service, without first obtaining an appropriate certificate of public convenience and necessity from the bBoard as provided herein and obtaining the necessary State of Florida licenses, as applicable; or

3. Operate an ambulance or emergency medical services ALS or BLS

vehicle that does not meet the requirements of this article or F.S. ch. 401.

A separate and distinct offense shall be deemed to occur each day a prohibited

act occurs.

87.111.B. Complaint procedure. Complaints about a certificate holder will be in writing and shall be reviewed for sufficiency by the Emergency Services Director Fire Rescue Chief or his designee. Should the review substantially verify that a violation of this article or State law has occurred, the Emergency Services Director Fire Rescue Chief or his designee may conduct an investigation. The Emergency Services Director Fire Rescue Chief or his designee shall be provided access to the certificate holder's business, personnel, and documents to assist in said the investigation. The Emergency Services Director Fire Rescue Chief or his designee, shall forward a copy of the investigation and enforcement action taken to the State Emergency Medical Service Office and the Board of County Commissioners.

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87.111.C. Proceedings. Proceedings for revocation, alteration, or suspension of

a certificate shall be undertaken by the bBoard at a public hearing with notice to all certificate holders and after publication of notice not less than one week before the hearing date, where it is found by the Fire Rescue Chief that:

1. The certificate holder has failed or neglected to abide by this

article or the rules and regulations promulgated by the bBoard, or F.S. ch. 401;

2. The application submitted to secure a certificate of public

convenience and necessity from the Board of County Commissioners contains false representation or omitted material facts; or

3. The certificate holder has been adjudicated guilty of a felony

provided his/her civil rights have not been restored; or 4. The certificate holder has been found by a court of competent

jurisdiction guilty of any criminal offense involving moral turpitude; or

5. The certificate holder has been found guilty of malpractice or

negligence in the operation of its service; or 6. The certificate holder has had their/its State license revoked or

suspended.

PART SIX. CONFLICTS PROVISIONS

Special acts of the Florida Legislature applicable only to unincorporated area of Martin County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict except for Ordinances concerning either adoption or amendment of the Comprehensive Plan.

PART SEVEN. SEVERABILITY

If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property or

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circumstance by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property or circumstances. PART EIGHT. APPLICABILITY

This Ordinance shall be applicable throughout Martin County’s jurisdiction. PART NINE. FILING WITH THE DEPARTMENT OF STATE

The Clerk shall be and is hereby directed forthwith to scan this Ordinance in accordance with Rule 1B-26.003, Florida Administrative Code, and file same with the Florida Department of State via electronic transmission. PART TEN. EFFECTIVE DATE

This Ordinance shall take effect immediately upon filing with the Department of State.

PART ELEVEN. CODIFICATION

Provisions of this Ordinance shall be incorporated in the General Ordinances, Martin County Code except that Parts Six to Eleven shall not be codified. The word “ordinance” may be changed to “article”, “section” or other word, and the sections of this Ordinance may be renumbered or relettered. DULY PASSED AND ADOPTED THIS _________ DAY OF __________, 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA _________________________ _______________________________________ CAROLYN TIMMANN, CLERK EDWARD V. CIAMPI, CHAIRMAN OF THE CIRCUIT COURT AND COMPTROLLER APPROVED AS TO FORM AND LEGAL SUFFICIENCY: _____________________________________ SARAH W. WOODS, COUNTY ATTORNEY T:\LEG\legal\wpfiles\evl\Ordinances\Fire Rescue\Fire Rescue Amendments to Chap 17 51 67 79 87 (4-20-18).docx

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ADMINISTRATIVE DIRECTED POLICY

Page 1 of 2 Reduction and Write off Policy (10-23-17a)clean.docx

To: BCC Employees From: Taryn Kryzda, County Administrator

Subject: ADMINISTRATIVE REDUCTION AND ELIMINATION OF REIMBURSEMENT CHARGES FOR FIRE-RESCUE SERVICES

Effective Date: Created by: PURPOSE

The purpose of this policy is to establish a process with respect to administrative reduction or elimination of reimbursement charges for County fire-rescue services for response to and remediation of hazardous materials incidents; extinguishment of illegal and uncontrolled nonstructure fires, regardless of origin; provision of basic life support services, advanced life support services levels 1 and 2, and transport services via ground and air; and service charges for excessive false fire alarms.

POLICY The County Administrator, as the Chief Financial Officer of the County, has the authority to reduce charges for County fire-rescue services for response to and remediation of hazardous materials incidents; extinguishment of illegal and uncontrolled nonstructure fires, regardless of origin; provision of basic life support services, advanced life support services levels 1 and 2, and transport services via ground and air; and service charges for excessive false fire alarms which are owed to the County for less than the full amount, but more than $0 under the following conditions:

1. A disputed debt, over which there is a genuine question as to the validity of the debt or as to the amount, may be reduced if such a reduction is beneficial to the County’s interest; or

2. An undisputed debt, over which there is no question as to the validity of the debt or as to the amount, may be reduced if some benefit to the County is obtained; and

3. A relatively small dollar amount (i.e. $25 or less) is involved; or 4. The debt is 3 years old or older; or 5. The County will incur additional costs associated with the debt which will exceed any

potential recovery; or 6. The estimated cost of recovery exceeds the amount of the debt; or 7. The County Administrator and the County Attorney agree that it is unlikely that the County

would recover the full amount of the debt if the case went to Court.

The County Administrator, as the Chief Financial Officer of the County, has the authority to eliminate (“write off”) charges for County fire-rescue services for for response to and remediation of hazardous materials incidents; extinguishment of illegal and uncontrolled nonstructure fires, regardless of origin; provision of basic life support services, advanced life support services levels 1 and 2, and transport services via ground and air; and service charges for excessive false fire alarms which are owed to the County which remain uncollected after three (3) years from the original date of transmittal to the County’s collections staff or contractor.

PROCEDURE Reductions The individual or entity requesting the reduction will make their request in writing to the County, including adequate justification for the settlement proposal. The County Administrator will evaluate the request using the criteria set out in this Policy. The County Administrator will provide written notification of the County’s decision to the indivitual or entity requesting the reduction, including a statement explaining the rationale for the reduction approved or for the request for reduction being

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ADMINISTRATIVE DIRECTED POLICY

Page 2 of 2 Reduction and Write off Policy (10-23-17a)clean.docx

denied. A copy of the notification shall be provided to the Fire Rescue Department and the Clerk of the Circuit Court and Comptroller’s Office of Finance, which will prepare the appropriate adjustment to the affected accounts receivable. On an annual basis, the Fire Rescue Department will furnish a summary, if any, of all reductions made to accounts to the Board of County Commissioners.

Eliminations (“write offs”) The County Administrator may eliminate or “write off” charges for County fire rescue services which remain uncollected after three (3) years from the original date of transmittal to the County’s collections staff, contractor, or outside collection agency by directing that such charges be removed from the County’s General Ledger and Departmental “active” accounts receivable records and be transferred to an “uncollectable debts” data base maintained by the Fire Rescue Department or the Clerk of the Circuit Court and Comptroller’s Office of Finance. Appropriate accounting entries, prepared in accordance with Generally Accepted Accounting Principles (GAAP), must be made to record the account write off of the accounts receivable which are determined to be uncollectible.

Date ________________________________________ Taryn Kryzda, County Administrator

Suppression History:

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BCC MEETING DATE: May 22, 2018 AGENDA ITEM: 6B

Page 1 of 1 leg2018M107 SUPPLEMENTAL

MARTIN COUNTY, FLORIDASUPPLEMENTAL MEMORANDUM

TO: Honorable Members of the Board of County Commissioners

DATE: May 15, 2018

VIA: Taryn KryzdaCounty Administrator

FROM: Elizabeth LenihanAssistant County Attorney

REF: 80935d3cSUBJECT: PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE

AMENDING CHAPTERS 17, 51, 67, 79, AND 87, GENERAL ORDINANCES, MARTIN COUNTY CODE (THE “CODE”) RELATED TO FIRE RESCUE AND ADOPTION OF A POLICY FOR THE REDUCTION OR ELIMINATION OF REIMBURSEMENT CHARGES

Staff requests this public hearing be continued to June 12, 2018 in order to allow time to address certain additional items within the proposed ordinance.

TK/EL/rr

Reviewed by County Attorney’s Office

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BCC MEETING DATE: June 12, 2018 AGENDA ITEM: 6D

Page 1 of 1 leg2018M114 SUPPLEMENTAL.docx

MARTIN COUNTY, FLORIDASUPPLEMENTAL MEMORANDUM

TO: Honorable Members of the Board of County Commissioners

DATE: June 6, 2018

VIA: Taryn KryzdaCounty Administrator

FROM: Elizabeth V. LenihanAssistant County Attorney

REF: 80935d3cSUBJECT: PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE

AMENDING CHAPTERS 17, 51, 67, 79, AND 87, GENERAL ORDINANCES, MARTIN COUNTY CODE (THE “CODE”) RELATED TO FIRE RESCUE AND ADOPTION OF A POLICY FOR THE REDUCTION OR ELIMINATION OF REIMBURSEMENT CHARGES

Additional changes were made to the Ordinance, including correcting typographical errors, rephrasing of language for better readability, correction of title for the Fire Prevention Bureau Chief, clarification of the duties of the Fire Rescue Department, and use of the Code Enforcement Special Magistrate for appeals instead of the Board of Appeals and Adjustments.

Notice of Publication is attached.

TK/EVL/rrAttachments

Reviewed by County Attorney’s Office

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BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA

ORDINANCE NO. ______

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA AMENDING SECTION 17.8 OF ARTICLE 1 OF CHAPTER 17, BEACHES, PARKS AND RECREATION, SECTIONS 51.2, 51.3, 51.4, 51.6, 51.10, AND 51.12 OF ARTICLE 1 OF CHAPTER 51, DISASTER AND EMERGENCY MANAGEMENT, SECTIONS 67.353, 67.354, AND 67.355 OF ARTICLE 12 OF CHAPTER 67, ENVIRONMENTAL CONTROL, CHAPTER 79, FIRE PREVENTION AND PROTECTION, SECTIONS 87.102, 87.103, 87.105, 87.107, 87.108, 87.109, 87.110, AND 87.111 OF ARTICLE 4 OF CHAPTER 87, EMERGENCY MEDICAL SERVICE AND TRANSPORTATION, TO AMEND DEFINITIONS, UPDATE JOB TITLES AND REGARDING BURNING PERMITS AND ORGANIZATION OF THE EMERGENCY MANAGEMENT AGENCY, AND AUTHORIZING THE COUNTY ADMINISTRATOR TO DEVELOP AN ADMINISTRATIVE POLICY FOR THE REDUCTION OR ELIMINATION OF REIMBURSEMENT CHARGES AND REQUIRE THE COUNTY ADMINISTRATOR’S PRIOR CONSENT FOR TRANSFER OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY; APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE; AND CODIFICATION.

WHEREAS, the Board of County Commissioners of Martin County, Florida is authorized by Chapter 125, Florida Statutes, to adopt ordinances and resolutions necessary for the exercise of its powers; and

WHEREAS, the Board has determined that it is in the public interest to amend these Code sections for consistency and to update definitions, current County department and personnel titles, to provide for the development of a written policy governing the administrative reduction or elimination of reimbursement charges by the County Administrator, to make amendments to the organization of the Emergency Management Agency and appointment of a director.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA, THAT:

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PART ONE. SECTION 17.8 OF ARTICLE 1 OF CHAPTER 17, BEACHES, PARKS AND RECREATION is amended as follows: Sec. 17.8. Definitions.

The following terms when used in this chapter shall have the meanings ascribed to them in this section:

Adult: Persons age 18 or older.

Child(ren): Persons age 12 or younger. Commercial vehicle or truck: A vehicle used for conducting a commercial

enterprise.

County Administrator: The administrative head of Martin County who has the powers and duties set forth in F.S. §125.74 and section 1.63 of this Code or the County Administrator’s designee.

County park: Any facility or real property owned or leased in whole or in part by Martin County and designated or utilized for recreation purposes, including but not limited to, beach access strips, beaches, boardwalks, canoe/kayak launches, causeways, conservation lands, fishing piers, play areas, and associated parking areas.

County staff: An employee of the Martin County Board of County Commissioners.

Cultural resource: Any item, area or artifact of historical or cultural significance.

Designated swimming area: Area on a full-service beach park identified by flags or signs and extending no more than 300 feet east of the mean-high-water line.

Fire Rescue Chief: Martin County Fire Rescue Department Director or designee. Full-service beach park: A Martin County public beach having most or all of the

following amenities; lifeguards, restrooms, showers, some athletic facilities, picnic area, concessions, parking, dune crossovers, and other facilities.

Lifeguards: The County staff responsible for public safety on the beaches under the control and jurisdiction of the Board of County Commissioners of Martin County, Florida. These County staff shall be organized under the Fire Rescue Department – Ocean Rescue Section and are subject to the control and direction of the County Administrator and Fire Rescue Chief.

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Litter: Any garbage; rubbish; trash; refuse; can; bottle; broken glass; box; container; paper; tobacco product or ashes; tire; appliance; mechanical equipment or part; building or construction material; tool; machinery; wood; motor vehicle or motor vehicle part; vessel; aircraft; farm machinery or equipment; animal carcasses, landscaping materials, sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility; or substance in any form resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.

Motorized recreation vehicle: Any off-highway vehicle including, but not limited to, all-terrain vehicles, recreational off-highway vehicles, and off-highway motorcycles as defined in Chapter 316, F.S. and also includes, but is not limited to, electronic bikes (“e-bikes”), mini-bikes, scooters, amphibious vehicles, go-carts, trail bikes, dune buggies and golf carts.

Parking area: Any designated part of any park, road, drive or special area

contiguous thereto that may be set apart for the standing or stationing of any vehicles or boat trailers.

Park patron: A person visiting or using a park facility. Permit: Official document issued by the County giving listed park patrons

authorization to conduct a specific activity during the time period as stated within document.

Person: The work “person” includes natural persons, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups and combinations. Play area: Any portion of an area within a County park, including water play areas, that contains playground equipment for use by children with signage that designates as such.

Public beach access strip: A Martin County public beach generally having no lifeguard services and limited parking, dune crossovers, and other facilities.

Special Event: Any preplanned entertainment, sporting, cultural, business, or other type of unique activity (including parades, festivals, races, tournaments, concerts, etc.) presented to a live audience and open to the public that is to be held in whole or in part upon property owned or managed by the County and that may substantially inhibit the usual flow of pedestrian or vehicular travel or which deviates from the established use of the place or building. Excludes activities not open to the public including private indoor facility rentals, pavilion rentals, or other activities for which a permit has been issued by the County.

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Surfing: The activity or sport using wind, paddle or ocean waves to propel oneself

on a board or like device.

Swimming: Swimming, floating, wading, snorkeling, riding soft or inflatable flotation devices, or other similar activities.

Weapon: As defined in F.S. § 790.001 (13), weapon means any “dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.”

Weapon or device, electric: As defined in F.S.§ 790.001(14), electric weapon or device means any “device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury.”

PART TWO. SECTIONS 51.2, 51.3, 51.4, 51.6, 51.10, AND 51.12 OF ARTICLE 1 OF CHAPTER 51 DISASTER AND EMERGENCY MANAGEMENT are amended as follows:

Sec. 51.2. Definitions. The following definitions shall apply in the interpretation of this chapter: Attack means a direct or indirect assault against Martin County, its government, the municipalities contained therein, or the nation, by the forces of a hostile nation or the agents thereof, including assault by bombing, or by radiological, chemical or biological warfare or sabotage. Board means the Board of County Commissioners of Martin County, a political subdivision of the State of Florida. County means Martin County, a political subdivision of the State of Florida.

County Administrator means the administrative head of Martin County who has the powers and duties set forth in F.S. §125.74 and section 1.63 of this Code or the County Administrator’s designee.

Director means the Director of the Emergency Management Agency, a division of the Fire Rescue Department or the Director’s designee. Appointment and responsibility shall conform with local governmental ordinances, resolutions, policies, and F.S. ch. 252.

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Emergency means any occurrence or threat thereof, whether accidental, natural, or caused by man, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property. Emergency management will be synonymous for any references to civil defense or disaster preparedness. Its broad meaning is the planning for, the preparation for, the mitigation of, the response to, and the recovery from emergencies and disasters. Specific emergency management responsibilities include, but are not limited to: (a) reduction of vulnerability of people and communities to damage, injury, and loss of life and property resulting from natural, technological, or manmade emergencies or hostile military or paramilitary action; (b) preparation for prompt and efficient response and recovery to protect lives and property affected by disasters; (c) response to emergencies using all systems, plans, and resources necessary to preserve adequately the health, safety, and welfare of persons or property affected by the emergency; (d) recovery from emergencies by providing for the rapid and orderly start of restoration and rehabilitation of persons and properties affected by emergencies. Responsibilities shall not, however, include any activity that is the primary responsibility of the military forces of the United States. Facility accident is an unexpected happening or fortuitous event associated with a commercial nuclear electrical generating reactor that may threaten public health, life or property. Fire Rescue Chief means the Martin County Fire Rescue Department Director or designee. Local emergency, as used herein, shall means an emergency affecting only one political subdivision. Regulations shall includes plans, programs, resolutions, executive orders and other emergency procedures deemed essential to emergency management. Volunteer means any person who contributes a service, equipment or facilities to the disaster preparedness organization without remuneration. Sec. 51.3. Organization of the County Emergency Management Agency; appointment of director.

The Board of County Commissioners hereby authorizes the County Administrator to appoint a Director of the County Emergency Management Agency. The Emergency Management Agency shall be under the direction of the Fire Rescue Chief and organized under the Fire Rescue Department as a division. Said appointment shall be subject to confirmation by the Board of County Commissioners. Subject to the direction and control of the Board of County Commissioners in conformance with applicable

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resolutions, ordinances and laws, the director shall be responsible for the organization, administration and direction of the Emergency Management Agency and shall coordinate the activities, services and programs for civil defense within the County. The director shall also maintain liaison with other local governments and agencies. The County Administrator shall promptly inform the State of Florida of Emergency Management Division of the appointment of the director. The organization Emergency Management Agency shall consist of the following:

51.3.A. The director and such assistants and other employees as are deemed necessary for the proper functioning of the organization Emergency Management Agency.

51.3.B. All departments, divisions, agencies and services of Martin County

government, including their employees, property, equipment and other resources which are administered by the County Administrator, which may be assigned and made available to said the Emergency Management Agency as required to effectuate the purposes of this chapter pursuant to Florida Sstatutes.

51.3.C. Volunteer persons and agencies offering service to, and accepted by,

the County.

Sec. 51.4. County emergency powers.

The Director of the Emergency Management Agency shall have the following emergency powers:

51.4.A. Declaration of emergency. If the director declares that a local

emergency exists in Martin the County, then in conformance with applicable resolutions, ordinances and laws, the director may exercise the emergency power and authority necessary to fulfill his the general powers and duties of the director as prescribed in this chapter. The judgment of the director shall be the sole criteria necessary to invoke local emergency powers provided in this chapter and other appropriate regulations. The state of local emergency shall remain in effect until either the chairman of the Board of County Commissioners or the Board of County Commissioners determines otherwise. The duration of each state of emergency declared locally shall be limited to seven days; it may be extended, as necessary, in increments of up to seven-days increments.

51.4.B. Board powers. The Board of County Commissioners may convene to

perform its legislative duties as the situation demands, and shall receive reports relative to disaster preparedness activities. The Board of County Commissioners shall have the power and authority to waive the procedures and formalities otherwise required by law pertaining to:

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1. The performance of public work and taking whatever prudent action is necessary to ensure the health, safety and welfare of the community.

2. Entering into contracts. 3. Incurring of obligations. 4. Employment of permanent and temporary workers. 5. Utilization of volunteer workers. 6. Rental of equipment. 7. Acquisition and distribution, with or without compensation, of

supplies, materials, and facilities. 8. Appropriation and expenditure of public funds. 9. Determination that a threat to public health and safety may result

from the generation of widespread debris throughout the County, using any of the following criteria: a. That such debris constitutes a hazardous environment for

modes of movement and transportation of the residents as well as emergency aid and relief services;

b. That such debris may endanger properties in the County; c. That such debris creates an An environment conducive to

breeding disease and vermin; d. That such debris creates a Ggreatly increased risk of fire; and e. That it is in the public interest to collect and remove disaster

debris from property whether public or private lands, public or private roads, and or within gated communities; to eliminate any immediate threat to life, public health and safety;

f. To reduce the threat of additional damage to improved property; and

g. To promote economic recovery of the community at large. 10. Authorize Authorization of the County or their its contracted agents

for the right of access to private property and roads or gated communities as needed by emergency vehicles such as, but not limited to, police, fire, medical care, debris removal, and sanitation to alleviate immediate threats to public health and safety and to provide emergency repairs to vital infrastructure assets.

11. Authorize Authorization of the removal of debris and wreckage resulting from a major disaster from property whether public or private lands, public or private roads, or within gated communities for safe and sanitary living or functioning conditions.

12. Authorize Authorization of the removal of derelict vessels pursuant to current Statutes of the State of Florida and in conjunction with the Florida Fish and Wildlife Conservation Commission.

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13. Authorize Authorization of the removal of abandoned vehicles pursuant to current Statutes of the State of Florida and in conjunction with law enforcement of the County and State.

51.4.C. Orders and rules. During any period when disaster threatens or when

the County has been struck by disaster, within the definitions of this chapter; with the concurrence of the County Administrator, the director shall recommend that the County Administrator issue such orders or rules as are deemed necessary to protect life and property and preserve critical resources. Any such orders or rules shall have full force and effect of law when filed in the office of the Clerk of the Board County Commission. The Emergency Management Agency Director, upon issuing approval of such emergency directives, shall immediately advise the chairman of the Board of County Commissioners of the directives. The directives shall remain in effect until the Board of County Commissioners determines otherwise. Such directives may include, but shall not be limited to, the following:

1. Directives prohibiting or restricting the movement of vehicles in order to facilitate the work of emergency management forces, or to facilitate the mass movement of persons from critical areas within the County.

2. Directives pertaining to the movement of persons from and in areas deemed to be hazardous or vulnerable to an emergency or threat of an emergency.

3. Such other directives necessary to preserve public peace, health and safety.

51.4.D. Mutual aid. With the concurrence of the Fire Rescue Chief and

without depleting local resources, the The Emergency Management Agency Ddirector shall advise the chairman of the Board of County Commissioners to order disaster preparedness forces to the aid of other communities when required in accordance with State and County mutual aid agreements and may request the State, or a political subdivision of the State, to send aid to Martin the County in case of an emergency when conditions in the County are beyond the capabilities of the local eEmergency mManagement aAgency.

51.4.E. County forces. The Emergency Management Agency Ddirector may

coordinate emergency services of any County department, division or their employees. If regular County forces are determined inadequate, the Emergency Management Agency Ddirector may require the services of such other personnel as he can obtain that are available, including citizen volunteers. All duly authorized persons rendering emergency services shall be entitled to the privileges and immunities as are provided by State law, County ordinances and policies for regular County employees and other registered and identified emergency management

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workers and, upon demand, may receive appropriate compensation for their emergency employment.

Sec. 51.6. Duties of Director of Emergency Management Agency.

51.6.A. The director or his designate will prepare and maintain all plans pertaining to emergency management. The director shall be responsible to the County Administrator and the Board of County Commissioners Fire Rescue Chief, in conformance with applicable resolutions, ordinances and laws.

51.6.B. The Emergency Management Agency Ddirector shall be responsible

for the planning, coordination and operation of the emergency management activity of the County. He The director shall maintain liaison with the State and federal authorities and the authorities of other nearby political subdivisions to iensure the most effective operation of all disaster preparedness plans. The Emergency Management Agency Ddirector duties shall include, but not be limited to, the following:

1. Review guidelines required by State and federal agencies, as well as draft plans, annexes and appendices for emergency operations plans, peacetime emergency plans and other plans pertaining to emergency management and civil defense.

2. Issue, review, and monitor the current status of standard operating procedures for emergency management agency operations.

3. Review and monitor the current status of emergency-related standard operating procedures, plans, and programs of County departments.

4. Coordinate with local governmental and private agencies those plans and annexes pertaining to their functions during times of emergency.

5. Coordinate and liaise with surrounding counties in the preparation of community shelter plans, crisis relocation plans and mutual aid agreements.

6. Assist in the justification and preparation of project applications, program papers, program status reports, and other statistical reports required by federal and/or State agencies.

7. Prepare agency budget. 8. Maintain awareness of all reports, forms and procedures required by

federal and State agencies to procure aid following an emergency involving the County.

9. Monitor internal routine functioning of staff, administration and operational ability of the Emergency Operations Center facility maintenance.

10. Assume such authority and conduct such activity as the Board of County Commissioners may require and direct to promote and execute the emergency management plan.

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Sec. 51.10. Violation of directives or plans.

It shall be unlawful for any person to violate any of the provisions of this chapter or of the directives or plans issued pursuant to the authority contained herein, or to willfully obstruct, hinder or delay any member of the Emergency Management Organization Agency or anyone acting under the authority of the Emergency Management Agency as herein defined in the enforcement of the provisions of this chapter or any directive or plan issued thereunder. Sec. 51.12. Direction of County Administrator; powers of Board of County Commissioners.

Matters other than those enumerated above, that are handled byDuties not assigned to the Ddirector of the Emergency Management Agency, will shall be under the direction responsibility of the County Administrator. Nothing in this chapter shall be construed as abridging or curtailing to restrict the powers or restrictions of the Board of County Commissioners as defined in appropriate ordinances or statutes. The County Administrator may delegate responsibilities under this chapter to the Director of Emergency Services.

PART THREE. SECTIONS 67.353, 67.354, AND 67.355 OF ARTICLE 12 OF CHAPTER 67, ENVIRONMENTAL CONTROL are hereby amended as follows:


The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section.

Cost(s), subject to the limitations set forth in s. 125.01045 F.S., shall mean and

include, but not be limited to: 1. All costs incurred for response, containment, and/or removal and

disposal of hazardous materials or remedial actions. 2. Damages for injury to, destruction of, or loss of natural resources,

including the reasonable costs of assessing such injury, destruction or loss resulting from a hazardous materials incident.

3. Costs of any health assessment or health effects study carried out as a necessity resulting from a hazardous materials incident.

4. Labor, including benefits, overtime and administrative overhead. 5. Equipment, operation, leasing, repair, and replacement where

necessary. 6. Contract labor and equipment. 7. Labor and equipment obtained directly by the county, county

agencies or agents, the county sheriff's office, and other law enforcement agencies.

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8. Materials such as but not limited to sorbents, foam, dispersants, neutralization agents, overpack drums or containers, etc.

9. Supervision and verification of cleanup and abatement.

County shall mean Martin County, a political subdivision of the State of Florida.

Director Fire Rescue Chief shall mean the Emergency Services Martin County Fire Rescue Department Director or designee.

Fire Chief shall mean a director of a fire department which has responded to a

hazardous materials incident. Hazardous material shall mean any substance or material in any form or quantity

which poses an unreasonable risk to safety, health or property. Hazardous materials incident shall mean actual or threatened release of

hazardous substances or materials that pose an immediate threat to the health, safety or welfare of the population, including hazardous waste.

Hazardous substance shall mean any material which when discharged may be

harmful to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public or private property, shorelines and beaches.

Incident commander shall mean the individual responsible for all incident

activities, including the development of strategies and tactics and the ordering and the release of resources. The incident commander has overall authority and responsibility for conducting incident operations and is responsible for the management of all incident operations at the incident site. shall mean the senior fire official at the site of the hazardous materials incident; or the initial senior on-scene response official in the absence of the senior fire official; or a unified command structure which delegates control to officials from more than one agency.

Natural resources shall mean land, fish, wildlife, biota, air, water, groundwater,

drinking water supplies and other such resources belonging to, managed by, held in trust by, appertaining to or otherwise controlled by the County, County agencies, and those municipalities within Martin County which enter into interlocal agreements with the County to implement this article.

Recovery (from an incident) shall mean a phase of emergency management which

restores the site of an incident to pre-emergency conditions. Release shall mean any spilling, leaking, pumping, pouring, emitting, emptying,

discharging, injecting, escaping, leaching, dumping or disposing into the environment

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(including the abandonment or discarding of barrels, containers and other receptacles containing any hazardous material or substance or waste or pollutant or contaminant).

Response shall mean a phase of emergency management which occurs during and

immediately following an incident; provides emergency assistance to victims of the event and reduces the likelihood of secondary damage.

Responsible party shall mean the person(s) whose negligent or intentional act or

omission caused a release; or the person(s) who owned or had custody or control of the hazardous substance at the time of or immediately prior to such release without regard to fault or proximate cause. "Responsible party" may also include a corporation or partnership, facility, or other type of business entity. Sec. 67.354. Hazardous materials incidents; liability for costs.

67.354.A. The incident commander, fFire Rescue cChief(s) and director are hereby duly authorized to take all measures to respond to, stabilize and remediate hazardous materials incidents. Any responsible party who causes a hazardous materials incident shall be liable for the payment of all costs incurred by the County, County agencies or agents, for response to and remediation of such incident.

67.354.B. Martin The County will seek all available remedies at law, to include

the provisions of this article, against any parties responsible for any environmentally damaging event, to include those actions and remedies available under the U.S. Bankruptcy Code relating to such matters.

67.354.C. The County Administrator shall develop a written policy to be

approved by resolution of the Martin County Board of County Commissioners setting forth the criteria for administrative reduction or elimination of reimbursement charges.

Sec. 67.355. Collection and disbursement of funds for cost recovery.

67.355.A. Martin The County Emergency Services Fire Rescue Department is hereby authorized to invoice and collect costs from the responsible party for costs. Agencies of the County or organizations responding to a hazardous materials incident according to responsibilities set forth in the County Hazardous Materials Emergency Plan, or at the request of the County, will be eligible to submit billsinvoices.

67.355.B. Invoices that identify eligible costs under this article shall be

submitted to the Director Fire Rescue Chief. within ten working days after the cost was incurred or identified. Submitted invoices should include sufficient documentation for cost reimbursement (i.e., copies of time sheets for specific personnel, copies of bills invoices for materials, equipment and supplies procured or

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used, etc.). Accepting invoices from agencies outside the County shall not incur liability for the County to pay costs of such agencies until payment is received by the County from the responsible party.

67.355.C. The Director Fire Rescue Chief shall submit one or a series of

consolidated invoice(s) to the responsible party identifying agencies or agents and their specific costs for reimbursement. The responsible party shall issue a certified check to each eligible agency or agent requesting cost recovery for the amount incurred, within 60 days of receiving a consolidated invoice.

67.355.D. The Director Fire Rescue Chief shall also provide the responsible party

with a list of estimated costs that have not been specifically identified that will be included in future consolidated invoices.

PART FOUR. Chapter 79, Fire Prevention and Protection is hereby amended as follows:

Chapter 79

ARTICLE 1. IN GENERAL Sec. 79.1. Emergency Services Director/Fire Prevention Chief (Fire Marshal); Fire Rescue Chief; authority of County Administrator to appoint Emergency Services Director; Fire Prevention Chief (Fire Marshal) and Fire Rescue Chief to work under direction of Emergency Services Director. Fire Rescue Chief; authority of County Administrator to appoint Fire Rescue Chief; Fire Prevention Bureau Chief (Fire Marshal) to work under direction of Fire Rescue Chief or Designee.

The County Administrator shall appoint the Emergency Services Director Fire Rescue Chief with the confirmation of the Martin County Board of County Commissioners. With the concurrence of the County Administrator, the County Fire Prevention Bureau Chief, who serves as the County (Fire Marshal,) and Fire Rescue Chief shall be appointed by and work under the direction of the Emergency Services Director Fire Rescue Chief or designee. Sec. 79.2. Fire Prevention Bureau Chief (Fire Marshal)—Duty to enforce certain laws and ordinances.

It shall be the duty of the County Fire Marshal Prevention Bureau Chief to enforce, or cause to be enforced, all laws and ordinances of Martin County covering the following:

79.2.A. Prevention of fire. 79.2.B. Storage and use of explosives and/or flammable liquids. 79.2.C. Installation and maintenance of automatic fire alarm systems and fire

extinguishing equipment.

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79.2.D. Means and adequacy of exit and exit egress from places of assembly, education hazard areas, factory-industrial areas, mercantile areas, residential areas and storage areas.

79.2.E. Investigation of the cause and origin of fires. 79.2.F. Maintenance of records of fires throughout the County.

Sec. 79.3. Same—Duty to investigate and make recommendations.

79.3.A. It shall be the duty of the County Fire Prevention Bureau Chief (Fire Marshal) to investigate and to recommend to the Emergency Services Director Fire Rescue Chief or designee and County Administrator, for consideration by the Martin County Board of County Commissioners, such additional ordinances or amendments to existing ordinances as he the Fire Prevention Bureau Chief may deem necessary for safeguarding life and property against fires.

79.3.B. It shall be the duty of the County Fire Prevention Bureau Chief (Fire

Marshal) to recommend to the Director and County AdministratorFire Rescue Chief or designee, for consideration by the Martin County Board of County Commissioners, such rules and regulations as he the Fire Prevention Bureau Chief deems best suited for establishing and maintaining protection of the citizens of Martin County and all property therein from the hazards of fire.

Sec. 79.4. Same—Duty to inspect.

The County Fire Prevention Bureau Chief (Fire Marshal) shall inspect, or cause to be inspected, all existing premises on a periodic basis, and shall make such orders as may be necessary for the enforcement of the laws and ordinances governing the same and for safeguarding of life and property from fire. Sec. 79.5. Same—Duty to review building plans.

It shall be the duty of the County Fire Marshal Prevention Bureau Chief to review or cause to be reviewed, building plans for new or existing buildings, for licensing and certificates of occupancy, as may be necessary for the enforcement of laws and ordinances governing the safeguarding of life and property from fire. The County Fire Prevention Bureau ChiefMarshal is authorized to make special exceptions for historical structures as provided in F.S. ch. 509, Part I, Public Lodging and Food Service Establishments, § 509.215(6 4) Fire safety; and F.S. ch. 633, Fire Prevention and Control, § 633.022 633.206(2) Uniform fire safety standards, and § 633.025(5) 633.208(3) Minimum fire safety standards. Sec. 79.6. Same—Duty to present fire prevention and public education programs.

It shall be the duty of the County Fire Marshal Prevention Bureau Chief to prepare, or cause to be prepared and presented, fire prevention and public education

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programs, to civic, institutional and fraternal organizations, with regard to fire safety and prevention of fires. Sec. 79.7. Fees for fire prevention plan reviews and inspections.

79.7.A. The board Martin County Board of County Commissioners may impose appropriate fees for any plan review or inspection services by the Fire Marshal Prevention Bureau Chief that are performed pursuant to or required by any local, State, or federal law. Such fees shall be set by resolution, and be based upon the services required. The board Martin County Board of County Commissioners may establish, change, or amend such fees by resolution.

79.7.B. All fees charged under this section shall be due and payable at the

time of the application for plan review, permit, or inspection. The Fire Marshal Prevention Bureau Chief shall not issue any permit until all fees charged under this section are paid. Permits shall bear the signature of the Fire Marshal Prevention Bureau Chief or his designee, and shall include at minimum the following information:

1. Name and address of permit holder. 2. Address or location of job site. 3. Permit number and date of issuance. 4. Scope of work. 5. Inspection requirements.

79.7.C. This section shall not apply to single-family homes and residential

duplexes, provided that such are not otherwise required to have fire sprinklers, or meet fire sprinkler requirements under this Code.


ARTICLE 2. LIFE INSURANCE FOR VOLUNTEER FIREMEN RESERVED


Whenever used in this article, the following terms shall have the following meanings:

Employer means Martin County or any special fire district located within Martin

County. Insurance means insurance procured from a stock company or mutual company or

association or exchange authorized to do business as an insurer in this State. Volunteer fireman means any person under 70 years of age whose name is carried

on the active membership rolls as a volunteer fireman of any duly constituted fire

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department of Martin County or any special fire district located within Martin County and whose duty it is to extinguish fires and to protect life and property therefrom. Any person who volunteers assistance at a fire, but whose name is not on the membership rolls as an active member of a fire department operated by an employer, as defined in this section, is not a volunteer fireman within the meaning of this article. Sec. 79.32. Payments for death or bodily injury; liability for payment; beneficiaries.

79.32.A. The sum of $10,000.00 shall be paid, as hereinafter provided, when a volunteer fireman, while under 70 years of age and while engaged in the performance of any of the duties mentioned in section 79.31 of this article, is killed or receives bodily injury which results in the loss of his life within 180 days after being received, provided that such killing is not the result of suicide and that such bodily injury is not intentionally self-inflicted. Such payment shall be in addition to any workmen's compensation or pension benefits and shall be exempt from the claims and demands of creditors of such volunteer fireman.

79.32.B. The employer of such volunteer fireman shall be liable for the

payment of said sum and shall be deemed self-insured, unless it procures and maintains, or has already procured and maintained, insurance to secure such payment. Any such insurance may cover only the risks indicated above, in the amount indicated above, or it may cover those risks and additional risks and may be in a larger amount.

79.32.C. Such payment, whether secured by insurance or not, shall be made to

the beneficiary designated by such volunteer fireman in writing, signed by him and delivered to his employer during his lifetime. If no such designation is made, then it shall be paid to his surviving child or children and wife, in equal portions, and if there is no surviving child or wife, then to his estate.

Secs. 79.33 79.31—79.60. Reserved.

ARTICLE 3. MARTIN COUNTY BURNING PERMIT

Sec. 79.61. Intent. It is the intent of this article to regulate open burning in the unincorporated area

of Martin County. Sec. 79.62. Burning permit—Required.

79.62.A. It shall be unlawful for any person, firm, corporation or association to start or maintain any fire outside of any structure or authorize any such fire to be started or maintained on any land in the unincorporated area of Martin County without first obtaining a Martin County burning permit, except where allowed under agreement with other authorized permitting agencies. The permit must be issued in

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writing obtained from the fire station in whose which district the fire is to occur, by phone, or in person. The permit will be valid between 9:00 a.m. and 5:00 p.m. The Emergency Services Director Fire Rescue Chief or his designee may extend the period for the permit when no fire hazard or nuisance to the life or property of any person will be created by such extension.

79.62.B. A permit shall not be required under this article for the

noncommercial preparation of food, provided that such fire is no larger than necessary for preparing the kind and amount of food being prepared and that the fire is constantly attended by an adult person until the fire is extinguished.

79.62.C. Any burning permitted by the Division of Forestry Florida Forest

Service will be exempted from the provisions of this section. 79.62.D. The Director of Emergency Services Fire Rescue Chief may enter into

separate written agreements with other permitting agencies authorizing them to issue burning permits within the areas specified by the agreement.

Sec. 79.63. Same—Conditions for issuance.

A Martin County burning permit may be issued for residential yard waste when the following conditions are met:

79.63.A. Residential yard waste. 79.63.A.1. The fire shall be located 50 feet from any structure and adequate

provision shall be made to prevent the fire from spreading, or the fire is contained in a waste burner located in a safe position at least 15 feet from any structure, the fire shall be less than 8 feet by 8 feet in area;

79.63.B.2. The fire shall be constantly attended by an adult person until the fire is extinguished. The person shall have a garden hose connected to a water supply adequate to extinguish the fire or other extinguishing equipment adequate to extinguish the fire readily available for use and adequate to extinguish the fire; and

79.63.C.3. The fire shall be so located that it does not create a fire hazard or a nuisance to the life or property of any person because of sparks, ash, smoke, odor or other cause; and

79.63.D.4. In any case, a permit shall not be issued for burning that would be in violation of any existing State open burning regulations.

79.63.B. Land clearing debris.

1. Open burning of land clearing debris in the urban service area, as defined in the future land use element of the Comprehensive Growth Management Plan, other than by the oxygenated or pit burning technique that does not add particulate matter or smoke to the air,

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shall be prohibited. Land clearing in areas outside of the defined urban service district, but within one-half-mile radius of a residential development, is subject to this criteria.

2. Land clearing debris burning permits shall be valid Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. No burning is permitted on weekends and legal holidays as determined by the Martin County Board of County Commissioners.

3. One issued, any permit is subject to revocation upon receipt of one valid complaint. The validity of the complaint is determined by the fire officer who responds to the burn site or area affected by a complaint.

4. If revoked, a permit will not be issued for any further open burning on the site for the duration of the project. Completion of a phase does not constitute completion of a project.

5. Vegetative debris shall either be chipped and delivered for composting to a legal disposal site or shall be delivered to the chipper at the landfill and prepared for composting. Nonvegetative debris (i.e., construction/demolition debris) shall be disposed of at an approved landfill site.

Sec. 79.64. Expenses incurred by Martin County in extinguishing uncontrolled nonstructure fires.

Any person, firm, corporation or association that allows any nonstructure fire, regardless of origin, to become a major fire hazard so as to necessitate extinguishment by a Martin County Fire Rescue Unit(s) shall be liable to Martin County for all costs incurred by Martin County in the extinguishment of the fire. Reimbursement charges for the extinguishment of illegal and uncontrolled nonstructure fires, regardless of origin, shall be in accordance with a fee schedule established by resolution of the Martin County Board of County Commissioners. The County Administrator shall develop a written policy to be approved by resolution of the Martin County Board of County Commissioners covering administrative reduction or elimination of reimbursement charges.

Sec. 79.65. Burning prohibition restriction.

The Emergency Services Director Fire Rescue Chief or his designee may prohibit restrict any or all fires regulated under this article when atmospheric conditions or local circumstances make fires hazardous. A prohibition restriction under this section may apply to the entire unincorporated area of the County or any part thereof and shall supersede any burning permit issued.

Sec. 79.66. Appeals.

Any person may appeal the issuance or denial of a burning permit or the issuance of a burning restriction to the Board of County Commissioners County Administrator for

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review of a burning permit or prohibition issued pursuant to this section.


ARTICLE 4. COUNTY FIRE RESCUE DIVISION DEPARTMENT DIVISION 1. GENERALLY

Sec. 79.91. Duty of the Fire Rescue Chief to supervise the division department.

79.91.A. The Fire Rescue Chief shall recommend to the Emergency Services Director County Administrator the addition or deletion of positions within the County Fire Rescue Division Department based upon as deemed best suited. This decision shall be for maintaining fire rescue protection throughout the Martin County and increasing the efficiency of the firefighting fire rescue forces of the Martin County.

79.91.B. The Fire Rescue Chief shall recommend to the Emergency Services

Director the organization of operational districts as he shall deem best suited. This decision shall be for maintaining fire protection throughout the County and increasing the efficiency of the firefighting forces of the County.

79.91.C. The Fire Rescue Chief under the direction of the Emergency Services

Director shall supervise the County Fire Rescue Division Department, including the career or volunteer members all employees or contractors assigned to the department. The Fire Rescue Chief shall be the lead Fire Rescue Officer for the Martin County and be responsible for all emergency response and activities involving the County Fire Rescue Department. The Fire Rescue Chief shall ensure that the fire stations and equipment are maintained in a constant state of readiness to combat fire respond to emergencies and that the members of the County Fire Rescue Division Department receive proper the training necessary to perform in the extinguishing of fires their duties in the most effective manner.

Sec. 79.92. Establishment of the County Fire Rescue Division Department. 79.92.A. In order to maintain emergency services listed below fire prevention,

and protection, throughout the Martin County and to increase the efficiency of firefighting forces fire rescue services in the Martin County, the Martin County Board of County Commissioners hereby confirms that Martin County Fire Rescue is the County fire rescue department in the County Fire Rescue Division.

79.92.B. The Martin County Fire Rescue Division Department is responsible

for fire, and rescue, emergency medical services, fire prevention, and fire inspection/investigation services in the unincorporated areas of Martin County and emergency communications, disaster services, emergency management, aeromedical, hazardous materials incident response, technical rescue response and

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ocean rescue countywide. These services may extend to or be received from other governmental entities through interlocal and/or mutual aid agreements.

Sec. 79.93. Responsibility of the County Fire Rescue Department. 79.92.C. [The County Fire Rescue Division Department shall be responsible for:]

79.93.A. Maintaining staff, equipment and stations in a constant state of readiness;.

79.93.B. Training staff to be proficient in firefighting and rescue techniques; and.

79.93.C. The division County Fire Rescue Department shall provide mutual aid to other departments, municipalities and agencies in accordance with adopted County policy.


DIVISION 2. FIRE-RESCUE EMS FEES

Sec. 79.101. Title. This division will be known and cited as the "Martin County Fire-Rescue EMS Fees

Ordinance".

Sec. 79.102. Definitions. The following words, terms, and phrases, when used in this division, shall have the

meanings ascribed to them in this section.

Advanced life support (ALS) services means the treatment of life-threatening emergencies through the use of techniques such as endotracheal intubation, the administration of intravenous fluids, medications, telemetry, cardiac monitoring, cardiac defibrillation, and the use of external pacemakers by a qualified paramedic. Advanced life support services are classified in two categories as follows:

1. Advanced life support, level 1 (ALS1): Where medically necessary, the

provision of an assessment by an advanced life support (ALS) provider and/or the provision of one or more ALS interventions. An "ALS intervention" is defined as a procedure beyond the scope of an EMT-basic as defined in the National EMS Education and Practice Blueprint.

2. Advanced life support, level 2 (ALS2): Where medically necessary, the administration of at least three separate intravenous administrations of one or more different medications and/or the provision of one or more of the following ALS procedures:

* Manual defibrillation/cardioversion. * Endotracheal intubation. * Central venous line. * Cardiac pacing.

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* Chest decompression. * Surgical airway. * Intraosseous line.

Basic life support (BLS) services include the treatment of medical emergencies by

a qualified person through the use of techniques such as patient assessment, cardiopulmonary resuscitation (CPR), splinting, obstetrical assistance, bandaging, administration of oxygen, application of medical anti-shock trousers, administration of a subcutaneous injection using a premeasured auto-injector of epinephrine to a person suffering from an anaphylactic reaction, and other techniques described in the Emergency Medical Technician Basic Training Course Curriculum of the United States Department of Transportation.

Sec. 79.103. Emergency fees and service charges.

The Martin County Board of County Commissioners may establish by resolution, certain emergency fees and charges for County fire-rescue services. A fee may be imposed for the provision of basic life support services (BLS) and advanced life support services level 1 and 2 (ALS1 and ALS2) services and transports, both via ground (ambulance) and air (helicopter) and a service charge may be imposed for mileage. The County Administrator shall develop a written policy to be approved by resolution of the Martin County Board of County Commissioners covering administrative reduction or elimination of reimbursement charges. Secs. 79.104—79.109. Reserved.

DIVISION 3. RESERVED Secs. 79.110 – 79.120. Reserved.

ARTICLE 5 FIRE PREVENTION CODE DIVISION 1. GENERALLY

Subdivision 1. - General Regulations Sec. 79.121. Adopted.

The Florida Fire Prevention Code comprised of the National Fire Prevention Protection Association Life Safety Code (NFPA 101) Life Safety Code and NFPA 1 Fire Prevention Code including Florida specific amendments (NFPA 1) of the National Fire Protection Association (with the exception of appendices annex C and Chapter 1.10 Board of Appeals) and their the referenced and incorporated standards and codes as published and amended from time to time are adopted as the Martin County fire prevention code.

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Sec. 79.122. Purpose. The purpose of the fire prevention code is to establish minimum requirements

that will provide a reasonable degree of safety from fire in new and existing buildings and structures.

Sec. 79.123. Cease and desist orders; orders to correct hazardous conditions; orders to vacate; violations; penalties.

79.123.A. If during the conduct of a fire safety inspection it is determined that a violation exists which poses an immediate danger to the public health, safety or welfare, the Director of Emergency Services Fire Rescue Chief or designee may issue an order to immediately correct the violation or vacate the building and/or premises in question, which order shall be immediately effective and shall be final.

79.123.B. Any person who violates or fails to comply with any orders so

described is guilty of a misdemeanor, punishable by a fine not to exceed $500.00 and a definite term of imprisonment not to exceed 60 days.

Sec. 79.124. Applicability of fire prevention code.

79.124.A. All developments shall provide or have available fire prevention and extinguishment systems which include wet fire hydrants and pump supplied by a well or public or private utility system. This fire prevention and extinguishment system shall meet or exceed the requirements for such systems, as set forth in the National NFPA 1 Fire Code as adopted in section 79.121 of this Code. For purposes of this section, the word "development" shall include:

1. Subdivisions as defined in section 4.911 of the Land Development Regulations;

2. Multiple-dwellingMultifamily dwelling projects, both major and minor, as defined in section 33-733.3 of the Land Development Regulationsthis Code;

3. Planned unit developments, both major and minor, as defined in section 33-5723.241 of the Land Development Regulationsthis Code;

4. Developments, as defined in section 33-717.3 of the Land Development Regulations; and

5. Mobile home parks as defined in subsection 33-15(51)3.403 of the Land Development Regulationsthis Code.

79.124.B. When any subdivision or development is within 1,000 feet of an approved central water system with current operating permits and excess capacity, that system should be used.

Sec. 79.125. Single-family subdivisions with minimum lot sizes of one-half acre to meet standards for rural water systems.

79.125.A. Single-family subdivisions with minimum lot sizes of one-half acre

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shall be exempt from the requirements for a central water system and shall meet the following design standard for rural water systems with dry hydrants as specified in the National Fire Codes, Standard NFPA 1231, Standard on Water Supplies for Suburban and Rural Fire Fighting.

79.125.B. Dry hydrants shall be installed within 1,000 feet of each lot in the subdivision. Lift distance shall not exceed ten feet unless the Fire Rescue Chief certifies that adequate pumps are available to handle greater lift distances. Where a water source is not available within 1,000 feet, the distance may be up to 2,000 feet if the Fire Rescue Chief of the district certifies that he the County has equipment and personnel to pump over the extra distance.

79.125.C. The water source shall be of adequate depth and size to deliver 3,000

gallons at 500 gpm in all seasons. 79.125.D. All hydrants shall be within 15 feet of a road paved to County

standards and shall have no obstructions between the road and the hydrant. Sec. 79.126. Maintenance.

The owners of both central and rural water systems shall be responsible for maintaining the systems in accordance with National Fire Code provisions. Sec. 79.127. Certification.

No certificate of occupancy shall be issued until the water system has been certified by a licensed engineer, approved by the County Engineer, and tested to the satisfaction of the local Fire Rescue Chief. Upon such certification, approval and testing, certificates of occupancy for structures to be served by the water system may be issued. Sec. 79.128. Retroactivity.

The provisions of this article shall apply equally to existing as well as new developments, except that existing developments, including those that have received preliminary or final site plan approval or building permits as of July 1, 1981, may be permitted to continue unless in the opinion of the County Fire Prevention Bureau Chief (Fire Marshal) they constitute a distinct fire hazard to life or the property of others, based on available data. Secs. 79.1249—79.150. Reserved.

Subdivision 2. - Fire False Alarms

Sec. 79.151. Short title. This subdivision shall be known as the "Martin County Fire False Alarm Ordinance".

Sec. 79.152. Definitions. Alarm system means any mechanical, electrical or radio-controlled device or

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security system designed to detect fire, smoke, heat, or indicate a medical emergency, and which will transmit a signal or message when activated to which the Emergency Services County Fire Rescue Department is expected to respond. The term does not include smoke detectors not connected to an alarm system that is part of a one- or two-family structure, or the use of a telephone by a person.

Alarm user means the person, firm, partnership, association, corporation,

company or organization of any kind in control of a building wherein an alarm system is maintained.

Excessive false alarms means three or more false alarms within a 180-day period

and such subsequent time until 180 consecutive days pass without a false alarm.

False alarms means the activation of an alarm system through mechanical failure, malfunction, improper installation or negligent or intentional misuse, where no indicated emergency existed, which results in any response by the Emergency Services County Fire Rescue Department.

Fire Rescue Chief means the Martin County Fire Rescue Department Director or

designee.

Sec. 79.153. Response to alarms; determination of validity. 79.153.A. Whenever an alarm system is activated within the jurisdiction of

Martin County and a response is made by the Emergency Services County Fire Rescue Department, the Emergency Services Director Fire Rescue Chief , or his designee, shall determine whether a response occurred.

79.153.B. If the Emergency Services Director Fire Rescue Chief, or his designee,

determines the alarm to be false, said officer shall cause a report of the false alarm to be filed. Notification of such shall be mailed or delivered to the address of the alarm system advising the alarm user of the false alarm.

79.153.C. The Emergency Services Director Fire Rescue Chief, or his designee,

shall have the right to inspect any alarm system to determine whether the system is being used in conformance with this subdivision and other applicable codes.

Sec. 79.154. False Alarm Service Charge. 79.154.A. Notwithstanding any provision in this subdivision to the contrary,

there shall be a three-month grace period following installation of an alarm system in new or existing construction. Such grace period shall commence upon certification of the alarm system by the Emergency Services Director Fire Rescue Chief, or his designee. During this grace period no false alarms shall be considered for purposes of subsection B hereunder.

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79.154.B. It is hereby found and determined that excessive false alarms

constitute a public nuisance, and pose an unreasonable danger to health, safety and welfare of the citizens of this County.

79.154.C. A false alarm service charge may be charged for excessive false

alarms in an amount established by resolution of the Martin County Board of County Commissioners. The Fire Rescue Chief, or designee, shall issue a notice assessing the penalty provided below, which shall be due and payable within 30 days of issuance.

79.154.D. There shall be a charge of $75.00 per responding department vehicle

imposed The service charge for any false alarm constituting an excessive false alarm as defined above. Such charge shall be imposed by the Emergency Services Director Fire Rescue Chief , or his designee, in a written notice of violation made to the alarm user. The notice shall state the reason for imposing the charge and advise the alarm user of the right to appeal the Emergency Service Director’s decision to the Code Enforcement Special Magistrate. The County Administrator shall develop a written policy to be approved by resolution of the Martin County Board of County Commissioners covering administrative reduction or elimination of reimbursement charges.

79.154.E. The charges shall be payable to the Martin County Board of County

Commissioners.

Sec. 79.155. Enforcement. 79.155.A. The County Attorney may take such measures, including proceeding

by a suit in a court of competent jurisdiction, as is necessary to collect any penalties assessed under this subdivision if payment has not been made within the time specified in the notice.


DIVISION 2. BOARD OF APPEALS AND ADJUSTMENTS Sec. 79.181. Created. Procedure.

There shall be a board known as the Board of Appeals and Adjustments to the Fire Codes. Any person aggrieved by a final order of the Fire Rescue Department regarding this article may appeal such final order to the Code Enforcement Special Magistrate by filing a written notice of appeal with the Fire Prevention Bureau Chief within 30 days of such final action. Such notice shall state the full particulars of the action being appealed from and shall state the grounds or reasons for such appeal. Upon receiving a notice of appeal, the Fire Prevention Bureau Chief shall schedule a hearing before the Code Enforcement Special Magistrate within 30 days of such receipt, and shall notify the

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appellant in writing at least five days prior thereto, but the appellant may waive such notice. The appellant may appear in person or by an attorney. The Code Enforcement Special Magistrate shall render a decision at such hearing by affirming the decision or action appealed from, reversing it, or partially affirming and reversing it, or otherwise modifying it and attaching such conditions as it deems proper. Such decision shall be reduced to writing within a reasonable time. Appeal from such decision shall be to the circuit court as provided by general law or court rules; except decisions related to interpretation of the Fire Code, which shall be directed to the State Fire Marshal as provided by general law and administrative rules. Sec. 79.182. Qualifications of members. Fire Prevention Bureau Chief Order Stayed.

Pending final decision of the Code Enforcement Special Magistrate, the order of the Fire Prevention Bureau Chief shall be stayed unless, in the opinion of the Fire Prevention Bureau Chief, there is a distinct fire hazard to life or property of others based on available data.

A board of appeals shall be appointed consisting of members who, by education and experience are qualified to pass upon the application of this code as it affects the interests of the general public. Board members shall not be officers, agents, or employees of this jurisdiction. No more than one of said members shall be engaged in the same business, profession or line of endeavor. No member of the board of appeals shall sit in judgment of any case in which he is directly interested. Sec. 79.183. Composition; terms of members.

79.183.A. A board of appeals is hereby established consisting of five at-large members who shall be appointed by the Martin County Board of County Commissioners, by reason of education, experience and knowledge, and are deemed to be competent to sit in judgment on matters concerning the fire code and its enforcement.

79.183.B. The members shall serve for terms of three years, except for the

initial appointees, who shall serve as follows: two members shall serve for terms of one year; two members shall serve for terms of two years, and one shall serve for a term of three years.

79.183.C. Each member shall be a registered voter in Martin County for at least

one year before his appointment. Sec. 79.184 Organization; procedure.

The members of the board of appeals shall elect a chairman. The presence of three or more board members shall constitute a quorum. Members shall serve without compensation, but may be reimbursed for such travel expenses, mileage expenses, and/or per diem expenses as may be authorized by the Board of County Commissioners. The chairman may call hearings by the board, and hearings may be called by written

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notice signed by at least three members of the board, and the board at the hearing may fix and call a hearing on a future date. Minutes shall be kept of all board proceedings.

79.184.A. Preliminary matter; continuances. Upon approval of a majority of the board of appeals, a continuance may be granted in any hearing for good cause shown.

79.184.B. Conduct of hearing before board.

1. Oral evidence shall be taken on oath or affirmation. 2. The hearing board shall give probative effect to evidence which

would be admissible in receiving evidence. Due regard shall be given to the technical and highly complicated subject matter and the exclusionary rules of evidence shall not be used to prevent the receipt of evidence having substantial probative effect. Otherwise, effect shall be given to the rules of evidence recognized in the State of Florida.

79.184.C. Rules of Order. Hearings shall begin with the presentation of the Fire

Marshal’s case with the right of the appellant to cross examine witnesses, followed by presentation of the appellant’s case with the Fire Marshal’s right to cross examine witnesses.

79.184.D.E. Decision. The decision of the hearing board shall be in writing and

rendered within 30 days from the date of the hearing. The decision shall contain a brief statement found to be true, the determination of the issues presented and the order of the hearing board. A copy of the decision shall be mailed or delivered to the appellant, the Fire Marshal, and to every person who appeared as a party at the hearing.

79.185 Purpose.

The board of appeals shall provide for reasonable interpretation of the provisions of the fire code and rule on appeals from decisions of the Fire Marshal. 79.186. Duties and powers.

The board of appeals shall meet monthly, as required, for the purpose of interpreting the provisions of the fire code and to consider and rule on any properly filed appeal from a decision of the Fire Marshal. The board of appeals shall give the appellant at least five days’ notice of hearing, but in no case shall the board fail to hear an appeal within 45 days of filing of notice of appeal. The notice of hearing shall specify the date, time and exact place of the hearing. 79.187. Fire Marshal Order Stayed.

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Pending final decision of the board of appeals, the order of the Fire Marshal shall be stayed unless, in the opinion of the Fire Marshal, there is a distinct fire hazard to life or the property of others based on available data. 79.188. Appeals from the board of appeals.

Every decision shall be promptly filed in the office of the Fire Marshal and shall be kept publicly posted in the office of the Fire Marshal for two weeks after filing. Every decision of the board of appeals shall be final. Appeals from a decision of the board of appeals and adjustments is by certiorari to the Circuit Court pursuant to general law and the Florida Rules of Appellate Procedure. Secs. 79.189 79.183—79.220. Reserved.

ARTICLE 6. FIREWORKS

Sec. 79.221. Definitions. BCC means Martin County Board of County Commissioners. Building shall mean a permanent structure containing no fewer than four outer

walls and a roof enclosing said walls, constructed in accordance with the local building code and a duly issued building permit, and for which occupancy is authorized by a duly issued certificate of occupancy. For purposes of this section, the term "building" shall also include a part of the structure, such as a unit or space within a shopping center.

Commercial structure or building shall mean a building constructed and used for

the purpose of producing income. For purposes of this section article, the term "commercial building" shall not include a building designed, constructed, and used in accordance with the laws for residential occupancy.

Fireworks shall mean and include any combustible or explosive composition, or

any substance or combination of substances, or any article prepared for the purpose of producing a visible and audible effect by combustion, explosion, deflagration, detonation, or shower of sparks, including but not limited to firecrackers, torpedoes, skyrockets, Roman candles, dago bombs, aerial spinners, and other devices of like construction, any devices containing any explosive or flammable compound, and any tablets or other article containing an explosive substance. The term "fireworks" shall not include auto flares, emergency signalling signaling devices, sparklers, toy paper caps containing not in excess of 25/100 grain of explosive content per cap, toy pistols, toy canes, and toy guns designed to use these caps, novelty and trick noisemakers, as defined by the National Fire Protection Association, and those items tested and approved as sparklers and listed as such by the State Fire Marshal's annual listing.

NFPA: National Fire Protection Association.

Occupancy: The purpose for which a building or portion thereof is used or

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intended to be used.

Retailer means any person engaged in the business of selling sparklers to consumers at retail.

Seasonal retailer means any person engaged in the business of selling sparklers at

retail in Martin County from June 20 through July 5 and from December 10 through January 2 of each year.

Sparkler means any device which emits showers of sparks upon burning, does not

contain any explosive compounds, does not detonate or explode, is handheld or ground-based, cannot propel itself through the air, and contains not more than 100 grams of the chemical compound which produces sparks upon burning. Any sparkler that is not approved by the Division of State Fire Marshal is classified as fireworks.

Wholesaler means any person registered with the State Fire Marshal engaged in

the business of selling sparklers or fireworks as provided for in F.S. § 791.04to a retailer.

Sec. 79.222. Manufacture, sale and use of fireworks. 79.222.A. The manufacture of fireworks in Martin County is prohibited. 79.222.B. Except as herein provided, it shall be unlawful to sell any fireworks in

Martin County. 79.222.C. It shall be unlawful for any person to possess, use or explode any

fireworks at any public assembly in Martin County, unless such use is approved and authorized by the Martin County Fire Prevention Bureau Chief or designee.

79.222.D. A registered wholesaler, properly licensed and registered with the

State Fire Marshal and Martin County at the time of sale, may sell fireworks as provided in State law and as further provided herein.

79.222.E. The authorized sale of fireworks may only be made on lands zoned

commercial or industrial and only from a permanent commercial building. Such building shall be protected with automatic fire sprinklers and fire alarms in accordance with the appropriate NFPA standards for such occupancy hazard. It shall be unlawful to sell fireworks from tents, open air stands or under a canopy.

Sec. 79.223. Seizure and disposal of fireworks.

79.223.A. The Sheriff of Martin County and his deputies shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored or held in violation of this article.

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79.223.B. In the interest of public safety and due to the dangers associated with the storage of fireworks, any official seizing illegal fireworks shall arrange for the proper disposal and destruction of said fireworks as soon as possible after their seizure.

Sec. 79.224. Enforcement.

The Sheriff of Martin County and his deputies shall be responsible for the enforcement of this article. Secs. 79.225—79.250. Reserved.

ARTICLE 7. FIRE/RESCUE MUNICIPAL SERVICE TAXING UNITS

Sec. 79.251. Creation, purpose.

79.251.A. There is hereby established, pursuant to the authority granted the County by Florida Statutes, fire/rescue municipal service taxing units (MSTUs) which shall be comprised of the specific areas of Martin County's unincorporated area described in this article.

79.251.B. The purpose of each fire/rescue MSTU shall be to provide fire

protection and fire rescue or similar services, including basic life and ambulance services.

Sec. 79.252. Governing body; administration.

The Martin County Board of County Commissioners shall be the governing body of each fire/rescue MSTU created by this article. The Martin County Board of County Commissioners may establish such administrative structures and procedures as it deems necessary to effect the purpose and intent of this article. Sec. 79.253. Powers.

79.253.A. Each fire/rescue MSTU shall have the power to levy ad valorem taxes; to contract, borrow, and expend funds; to issue bonds, certificates of indebtedness, revenue certificates, and other obligations of indebtedness; and to exercise any and all other power as granted by general or special law that is necessary to effect the purpose and intent of this article.

79.253.B. Each fire/rescue MSTU shall have the authority to enter into contracts

with municipalities, counties, and other governmental units for the purpose of obtaining or providing any or all of the services the fire/rescue MSTU is established to provide.

Sec. 79.254. Contracting for services. 79.254.A. Any municipality, special district, or other unit of local government

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contracting for services provided by a fire/rescue MSTU shall be required to pay for such services in an amount equal to that amount which would be levied by the fire/rescue MSTU if the area of said municipality, special district, or other unit of local government served was included in the fire/rescue MSTU.

79.254.B. Any Martin County ordinance(s) pertaining to fire protection and/or

fire/rescue services, applicable to the fire/rescue MSTU, shall be applicable to, and effective within the area of, any municipality, special district, or other unit of local government that contracts with the fire/rescue MSTU for services.

79.254.C. All other contractual terms shall be set forth in an interlocal

agreement between the municipality, special district, or other unit of local government and the fire/rescue MSTU.

Sec. 79.255. Funding. 79.255.A. Each fire/rescue MSTU created hereunder shall be funded through:

1. The levy of an ad valorem tax against the assessed value of all

lawfully taxable property situated within the boundaries of the respective fire/rescue MSTU. Such levy, together with all other ad valorem taxes levied for municipal services, shall not exceed ten mills; and

2. Service charges, contractual charges, special assessments, and any other income or source of funds, attributable to the fire/rescue MSTU.

79.255.B. Any funds lawfully available from any source may also be utilized to

fund the services provided pursuant to this article.

Sec. 79.256. Budget adoption. Each year the fire/rescue MSTU shall adopt an annual budget according to the

requirements set forth in the Florida Statutes. The Martin County Board of County Commissioners thereafter may cause such millage to be levied against all lawfully taxable property within said fire/rescue MSTU as is sufficient to raise the budget. All funds so raised shall be used solely for the expenses of the fire/rescue MSTU. In the event equipment or personnel are utilized outside the fire/rescue MSTU's area, the fire/rescue MSTU shall be reimbursed for such utilization. Proper accounts and records shall be kept at all times. Sec. 79.257. Countywide fire/rescue MSTU.

79.257.A. Purpose. A municipal service taxing unit (MSTU) is hereby established for fire/rescue services as provided for in F.S. § 125.01(q), within all of

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unincorporated Martin County. 79.257.B. Boundaries. The boundaries shall include the following areas: Beginning at the northwest corner of Township 38 South, Range 37 East; thence east, concurrent with the south boundary line of St. Lucie County, to the southwest corner of Section 31, Township 37 South, Range 41 East; thence north on the west line of said Section 31 and other sections to the northwest corner of Section 18, Township 37 South, Range 41 East; thence east on the north line of said Section 18 and other sections to the waters of the Atlantic Ocean; thence easterly to the eastern boundary of the State of Florida; thence southward along the coast, including the waters of the Atlantic Ocean within the jurisdiction of the State of Florida, to the south line of Section 20, Township 40 South, Range 43 East, produced easterly; thence west on the south line of said Section 20, and other sections, to the southwest corner of Section 22, Township 40 South, Range 42 East; thence south on the east line of Section 28, Township 40 South, Range 42 East, to the southeast corner of said Section 28; thence west on the south line of said Section 28 and other sections to the east shore of Lake Okeechobee; thence continue west in a straight course to the northeast corner of Section 36, Township 40 South, Range 34 East, being the southwest corner of Section 30, Township 40 South, Range 35 East, thence northeasterly in a straight course to the line of normal water level on the boundary of Lake Okeechobee at its intersection with the line dividing Ranges 36 and 37 East, Township 38 South; thence north on said range to the place of beginning; less and except all incorporated municipalities.

Beginning at the northwest corner of township thirty-eight south, range thirty-seven east; thence east, concurrent with the south boundary line of St. Lucie County, to the southwest corner of section thirty-one, township thirty-seven south, range forty-one east; thence north on the west line of said section thirty-one and section thirty, township thirty-seven south, range forty-one east, 6,459 feet to a point lying within the water body of the north fork of the St. Lucie River; thence departing said line within the north fork of the St. Lucie River a bearing direction (State Plane Coordinate System, Florida East Zone) of 41 degrees north, 4 minutes west, a distance of 6,155 feet, more or less, to a point lying within the water body of the north fork of the St. Lucie River; thence departing said point a bearing direction (State Plane Coordinate System, Florida East Zone) of 45 degrees north, 16 minutes east, a distance of 2,355 feet, more or less, to a point intersecting with the north shore of the north fork of the St. Lucie River and the west edge of the Howard Creek as concurrent with the City of Port St. Lucie municipal boundary limits; thence departing said intersecting shore and edge lines following along the City of Port St. Lucie municipal boundary line north along the west edge of Howard Creek to the south line of the northeast quarter

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of section twenty-four, township thirty-seven south, range forty east; thence east along said south line of the northeast quarter to the intersection of the east 924.15 feet of section twenty-four, township thirty-seven south, range forty east; thence north along said east 924.15-foot line of section twenty-four, township thirty-seven south, range forty east, to the intersection of the north line of the south 508.15 feet of the northeast quarter of section twenty-four, township thirty-seven south, range forty east; thence east along said south 508.15-foot line of the northeast quarter of said section twenty-four, township thirty-seven south, range forty east, to an intersection with the west line of township thirty-seven south, range forty-one east, also being the existing Martin County boundary line; thence north concurrent with the Martin County boundary line, along the west line of sections nineteen and eighteen, township thirty-seven south, range forty-one east, to the northwest corner of section eighteen, township thirty-seven south, range forty-one east; thence east on the north line of said section eighteen and other sections to the waters of the Atlantic Ocean; thence easterly to the eastern boundary of the State of Florida; thence southward along the coast, including the waters of the Atlantic Ocean within the jurisdiction of the State of Florida, to the south line of section twenty, township forty south, range forty-three east, produced easterly; thence west on the south line of said section twenty, and other sections, to the southwest corner of section twenty-two, township forty south, range forty-two east; thence south on the east line of section twenty-eight, township forty south, range forty-two east, to the southeast corner of said section twenty-eight; thence west on the south line of said section twenty-eight and other sections to the east shore of Lake Okeechobee; thence continue west in a straight course to the northeast corner of section thirty-six, township forty south, range thirty-four east, being the southwest corner of section thirty, township forty south, range thirty-five east; thence northeasterly in a straight course to the line of normal water level on the boundary of Lake Okeechobee at its intersection with the line dividing ranges thirty-six and thirty-seven east, township thirty-eight south; thence north on said range line to the place of beginning, less and except all incorporated municipalities.

PART FIVE: SECTIONS 87.102, 87.103, 87.105, 87.107, 87.108, 87.109, 87.110, AND 87.111 OF ARTICLE 4 OF CHAPTER 87, EMERGENCY MEDICAL SERVICE AND TRANSPORTATION are amended as follows: Sec. 87.102. Authority and purpose

87.102.A. This article is promulgated pursuant to F.S. ch. 401. The purpose of this article is to promote the health, safety, and welfare of residents of Martin the County in need of emergency medical services or ambulance transportation by providing for an Martin County Emergency Medical Services Advisory Council; establishing standards for issuing certificates of public convenience and necessity for

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transportation of advanced life support (ALS) service and basic life support (BLS) service providers; and by providing for the adoption of regulations governing the operation of emergency medical transportation of ALS services and BLS services. Private or public agencies shall not operate a business or service that provides interfacility or pre-hospital emergency medical services transportation of patients within or originating from Martin the County without a certificate of public convenience and necessity for transportation of ALS services and BLS services.

87.102.B. The Board of County Commissioners specifically intends that the

Martin County Fire Rescue Services Department shall be responsible for providing emergency pre-hospital ALS and BLS services within the County, with the exception of within the incorporated municipalities unless the municipality is under contract with the County for such services, and that the role of private ALS and BLS services shall be to provide, on request, interfacility, non-emergency transportation.

Sec. 87.103. Definitions. The following words when used in this article shall have the definitions as follows:

Advanced life support (ALS): Treatment of life-threatening medical emergencies through the use of techniques such as endotracheal intubation, the administration of drugs, intravenous fluids, telemetry, cardiac monitoring, and cardiac defibrillation by a paramedic as defined in F.S. § 401.23.

Advanced life support service: Any emergency medical transport or nontransport

service, which uses advanced life support techniques. Advanced life support vehicle: Any ambulance or emergency medical services

vehicle that is equipped to provide advanced life support. Air ambulance: Any rotary-wing aircraft used for, or intended to be used for, air

transportation of sick or injured persons requiring or likely to require medical attention during transport.

Air ambulance service: Any publicly or privately owned service, which operates air

ambulances to transport persons requiring or likely to require medical attention during transport.

Ambulance: Any private or publicly owned land or water vehicle that is designed,

constructed, reconstructed, maintained, equipped or operated for, and is used for, or intended to be used for, responding to emergency, nonemergency, or interfacility medical calls.

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Basic life support (BLS): means tTreatment of medical emergencies by a qualified person through the use of techniques such as patient assessment, cardiopulmonary resuscitation (CPR), splinting, obstetrical assistance, bandaging and administration of oxygen by an Emergency Medical Technician as defined in F.S. § 401.23.

Basic life support service: means aAny emergency medical service, which uses

only basic life support techniques. Basic life support vehicle: Any ambulance or emergency medical services vehicle

that is equipped to provide only basic life support. Board: The Board of County Commissioners of Martin County, Florida. Certificate holder: Any person or persons named as owner, officer, director, or

shareholder on the application for certificate of public convenience and necessity. County: Martin County, a political subdivision of the State of Florida. Deficiency correction notice: A notice issued by the Emergency Services Director,

Fire Rescue Chief or designee, notifying a certificate holder of any infraction with the infraction specified and a specified time period allowed for correction.

Emergency event: An emergency call, i.e., 911 or other communications of an

emergency medical need or interfacility transfer, that is deemed medically necessary by a physician, on merit of patient condition or need for medical specialty not offered in local hospitals.

Emergency medical call: Any request for medical assistance or transportation

which requires the immediate or prompt dispatch of an ALS or BLS vehicle or any situation which requires the immediate or prompt provision of medical assistance or transportation.

Emergency medical services: The activities or services to prevent or treat a sudden

critical illness or injury and to provide emergency medical care and pre-hospital/interfacility emergency medical transportation to sick, injured, or otherwise incapacitated persons in Martin County, Florida by emergency medical service providers, pursuant to F.S. § 401.23.

Emergency Medical Services Advisory Council: A countywide council who that

makes recommendations to the Board regarding delivery of emergency medical services in Martin County to the Board of County Commissioners.

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Emergency medical service providers: Basic and advanced life support services operators holding a valid class A or class A Air (as defined in § 87.104 herein) certificate of public convenience and necessity issued by Martin County (as defined in § 87.104 of this Code).

Emergency Services Director Fire Rescue Chief or designee: Chief of the Martin

County Fire Rescue Department or designee charged with responsibility and authority to supervise, direct, and administer the Emergency Medical Service, ALS and BLS system on a countywide basis to effectuate delivery of Emergency Medical Service services. If a situation exists which poses a serious or imminent threat to the health, safety, welfare, or public need and convenience, the Emergency Services Director Fire Rescue Chief or designee shall have such temporary emergency powers as are necessary to remedy the situation.

Inspection: The routine or periodic examination and audit of the records,

personnel, vehicles, and staffing of the certificate holder. Interfacility transfer: The transportation of a patient requiring an ambulance with

BLS or ALS level of medical assistance between two medical facilities licensed by the State of Florida.

Medical director: The licensed physician contracted or employed pursuant to F.S.

§401.265 to give medical direction to and establish medical protocols for emergency medical services personnel including paramedics and emergency medical technicians.

Nonemergency medical call: Any request for medical assistance or transportation

which does not require immediate or prompt dispatch of an ALS or BLS vehicle or any situation which does not require the immediate or prompt provision of medical assistance or transportation.

Nonemergency medical service providers: Any privately or publicly owned service

intended to be used for ALS or BLS interfacility transfer, or facility to home, or home to facility, holding a valid class B, class B Air or class C certificate of public convenience and necessity issued by Martin County (as defined in section 87.104 of this Code herein). It does not include patients who have accessed the 911 emergency response system to summon the emergency medical services provider.

Patient: Any person who is in need of, or may need, medical assistance or

transportation. Service area: The geographic area listed on a service provider's certificate of public

convenience and necessity.

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Transfer: The transportation of a patient by ground or air ambulance as a result of a request for response to an emergency or nonemergency medical call. Sec. 87.105. Application; information and fee required.

No person, firm, corporation, or partnership shall operate any of the services as described in section 87.104 of this Code unless a certificate of public convenience and necessity is first obtained from the Board of County Commissioners. Each application for a certificate of public convenience and necessity shall be accompanied by a nonrefundable filing fee in the amount of $100.00 to be paid to the Board Martin County, Florida, at the same time said the application is filed or submitted with to the Martin County Fire Rescue Department to cover costs and expenses incurred on behalf of the County in processing of said the application. No filing fee is required for a renewal application or a volunteer service who does not charge a fee for the service. Any applicant for an initial certificate of public convenience and necessity from the County shall apply to the bBoard in writing and complete a form provided by the bBoard containing the following information:

87.105.A. Applications for a certificate of public convenience and necessity for

class A, class A Air, class B, class B Air, and class C emergency medical services transportation, advanced life support ALS or basic life support BLS services, between June 1 and July 31 of each year, shall be filed with the Emergency Services Fire Rescue Department. All applications shall contain the following:

87.105.B. 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.

87.105.C. The service area which the applicant desires to serve. 87.105.D. The location and description of the place or places from which the

applicant will operate. 87.105.E. The source of funds which will enable the applicant to commence

operation, and a schedule of any rates which the applicant intends to charge. 87.105.F. The names and addresses of at least three local references from

licensed medical facilities operating in Martin County. 87.105.G. The need for the proposed service in the requested service area. 87.105.H. Such other reasonable information as may be required by the

Emergency Services Director Fire Rescue Chief or designee.

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Sec. 87.107. Investigation; staff recommendation. 87.107.A. After an application has been received by the County, the Emergency

Services Director Fire Rescue Chief, or his designee, shall cause an investigation to be made into the application, including a determination of the public need for the proposed service in the geographical area requested. The County may conduct a survey of the licensed nursing homes, Assisted Care Living Facilities and Hospitals to assist in determining need for additional ambulance services. The survey may be conducted at times to be determined by the Emergency Services Director Fire Rescue Chief.

87.107.B. The Emergency Services Director Fire Rescue Chief, or his designee,

shall contact the Medical Director, all other service providers in the County, and any municipality in which the applicant desires to provide service. Within 30 days from the receipt of the completed application, the Emergency Services Director Fire Rescue Chief or his designee, shall schedule a public review before the Emergency Medical Services Advisory Council with notice to all other service providers in the requested service area, any municipality in the requested service area and to the general public by publication in the local newspaper with at least one week's notice. At the public review, the Emergency Medical Services Advisory Council shall consider the report from the Fire Rescue Chief and comments from other service providers, municipalities, or and interested groups or citizens and make a recommendation to support or not support the requested certificate of public convenience and necessity. The Emergency Services Director Fire Rescue Chief or his designee must report the recommendation of the Emergency Medical Services Advisory Council to the Board of County Commissioners within 30 days of the Emergency Medical Services Advisory Council vote. The Board of County Commissioners will consider the Emergency Medical Services Advisory Council's recommendation and may grant or deny the applicant's request for certificate of public convenience and necessity.

87.107.C. In making The his report to the Emergency Medical Services Advisory

Council for recommendation to the Board, by the Emergency Services Director Fire Rescue Chief, or his designee, shall consider include the following factors:

1. The population density and composition of the likely areas within

which the proposed ALS or BLS nonemergency transport service will operate.

2. The need of the people in the area for ALS, BLS, or nonemergency medical transport services and any Survey conducted under §section 87.107.A. of this Code.

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3. A comparison of estimated annual requests for service in the particular certificate category with the current number of vehicles satisfying requests.

4. Such other factors as may be considered important by the

Emergency Services Director, Fire Rescue Chief or his designee.

Sec. 87.108. Contents of certificate. Any certificate issued under this division article shall require the service provider

and all employees, including paramedics and emergency medical technicians, to comply with the following:

87.108.A. For Class A and Class A Air, aAgree to respond to emergency prehospital calls in the County and may conduct nonemergency, interfacility medical transport or nonemergency transfer service at the ALS or BLS level.and when When units are available, to provide response to other services areas in the County as requested to do so by other providers or by the Emergency Services Director Fire Rescue Chief or his designee (class A only).

87.108.B. For Class B and Class B Air, in In time of declared disaster in Martin

the County, make no less than 50 percent of available staffing manpower and equipment authorized to operate in the County available as an emergency resource and respond at the direction of the Emergency Services Director Fire Rescue Chief, or his designee (class B only).

87.108.C. Provide continuous and uninterrupted service within the service area. 87.108.D. Maintain the number of vehicles which shall be the number that

appears on the approved certificate of public convenience and necessity application. 87.108.E. Use its lights and sirens only for properly authorized emergency

events and in compliance with State law and local law enforcement policy. 87.108.F. Operate in compliance with all federal, State and local laws, rules, and

regulations.

Sec. 87.109. Expiration and transferability. A certificate of public convenience and necessity shall be valid for a period not to

exceed two years and automatically expire at midnight on December 31 of the even calendar year. The certificate of public convenience and necessity shall not be transferable without the prior written consent of the County Administrator or designee. The certificate holder shall immediately notify the County of any changes of ownership or control.

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Sec. 87.110. Renewal.

87.110.A. The certificates may be renewed by the bBoard after Emergency Medical Services Advisory Council review and recommendation. Renewal shall be made by application by the certificate holder. However, if the bBoard has reason to believe that the public health, safety, and welfare requires it, a public hearing may be ordered by the bBoard to consider not renewing any certificate. Before any such action can occur, the bBoard must first comply with the notice and hearing provisions of section 87.107 of this Code.

87.110.B. Application for renewal of existing certificates of public convenience

and necessity shall be made by written request to the Emergency Services Director Fire Rescue Chief or his designee. This request shall be filed no less than 90 days prior to the expiration date of the provider’s certificate of public convenience and necessity.

Sec. 87.111. Revocation, alteration or suspension.

87.111.A. General. Every certificate issued under this article shall be subject to revocation, alteration or suspension by the bBoard where it shall appears that the certificate holder has not complied with the requirements of the certificate and the public interest so required. It shall be a violation of this article for any person, business entity, hospital, or government agency to:

1. Knowingly make an omission of a material fact or a false

statement in any application or other document filed with the Emergency Services Director Fire Rescue Chief or his designee;

2. Represent herself, himself, or itself as an emergency medical transport service, an advanced life support ALS service, or a special limited service, or engage in the business of conducting emergency medical transport service, an advanced life support ALS service, or a special limited service, without first obtaining an appropriate certificate of public convenience and necessity from the bBoard as provided herein and obtaining the necessary State of Florida licenses, as applicable; or

3. Operate an ambulance or emergency medical services ALS or BLS

vehicle that does not meet the requirements of this article or F.S. ch. 401.

A separate and distinct offense shall be deemed to occur each day a prohibited

act occurs.

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87.111.B. Complaint procedure. Complaints about a certificate holder will be in writing and shall be reviewed for sufficiency by the Emergency Services Director Fire Rescue Chief or his designee. Should the review substantially verify that a violation of this article or State law has occurred, the Emergency Services Director Fire Rescue Chief or his designee may conduct an investigation. The Emergency Services Director Fire Rescue Chief or his designee shall be provided access to the certificate holder's business, personnel, and documents to assist in said the investigation. The Emergency Services Director Fire Rescue Chief or his designee, shall forward a copy of the investigation and enforcement action taken to the State Emergency Medical Service Office and the Board of County Commissioners.

87.111.C. Proceedings. Proceedings for revocation, alteration, or suspension of

a certificate shall be undertaken by the bBoard at a public hearing with notice to all certificate holders and after publication of notice not less than one week before the hearing date, where it is found by the Fire Rescue Chief that:

1. The certificate holder has failed or neglected to abide by this

article or the rules and regulations promulgated by the bBoard, or F.S. ch. 401;

2. The application submitted to secure a certificate of public

convenience and necessity from the Board of County Commissioners contains false representation or omitted material facts; or

3. The certificate holder has been adjudicated guilty of a felony

provided his/her civil rights have not been restored; or 4. The certificate holder has been found by a court of competent

jurisdiction guilty of any criminal offense involving moral turpitude; or

5. The certificate holder has been found guilty of malpractice or

negligence in the operation of its service; or 6. The certificate holder has had their/its State license revoked or

suspended.

PART SIX. CONFLICTS PROVISIONS

Special acts of the Florida Legislature applicable only to unincorporated area of Martin County, County Ordinances and County Resolutions, or parts thereof, in conflict

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with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict except for Ordinances concerning either adoption or amendment of the Comprehensive Plan.

PART SEVEN. SEVERABILITY

If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstance by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property or circumstances. PART EIGHT. APPLICABILITY

This Ordinance shall be applicable throughout Martin County’s jurisdiction. PART NINE. FILING WITH THE DEPARTMENT OF STATE

The Clerk shall be and is hereby directed forthwith to scan this Ordinance in accordance with Rule 1B-26.003, Florida Administrative Code, and file same with the Florida Department of State via electronic transmission. PART TEN. EFFECTIVE DATE

This Ordinance shall take effect immediately upon filing with the Department of State.

PART ELEVEN. CODIFICATION

Provisions of this Ordinance shall be incorporated in the General Ordinances, Martin County Code except that Parts Six to Eleven shall not be codified. The word “ordinance” may be changed to “article”, “section” or other word, and the sections of this Ordinance may be renumbered or relettered. DULY PASSED AND ADOPTED THIS _________ DAY OF __________, 2018.

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ATTEST: BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA _________________________ _______________________________________ CAROLYN TIMMANN, CLERK EDWARD V. CIAMPI, CHAIRMAN OF THE CIRCUIT COURT AND COMPTROLLER APPROVED AS TO FORM AND LEGAL SUFFICIENCY: _____________________________________ SARAH W. WOODS, COUNTY ATTORNEY

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STRENGTH in NUMBERS

NOTICE OFPUBLIC HEARING

Notice is hereby given that the Martin County Board of County Commissioners will conduct a public hearing on May 22, 2018, to consider an ordinance AMENDING SECTION 17.8 OF ARTI-CLE 1 OF CHAPTER 17, BEACHES, PARKS AND RECREATION, SECTIONS 51.2, 51.3, 51.4, 51.6, 51.10, AND 51.12 OF ARTICLE 1 OF CHAPTER 51, DISASTER AND EMERGENCY MANAGEMENT, SECTIONS 67.353, 67.354, AND 67.355 OF ARTICLE 12 OF CHAPTER 67, ENVIRONMENTAL CONTROL, CHAPTER 79, FIRE PREVENTION AND PROTEC-TION, SECTIONS 87.102, 87.103, 87.105, 87.107, 87.108, 87.109, 87.110, AND 87.111 OF ARTICLE 4 OF CHAPTER 87, EMERGENCY MEDICAL SERVICE AND TRANSPORTATION, TO AMEND DEFINITIONS, UPDATE JOB TITLES AND REGARDING BURNING PERMITS AND ORGANIZATION OF THE EMERGEN-CY MANAGEMENT AGENCY, AND AUTHORIZING THE COUNTY ADMINISTRATOR TO DEVELOP AN ADMINISTRATIVE POLICY FOR THE REDUCTION OR ELIMINATION OF REIMBURSEMENT CHARGES AND REQUIRE THE COUNTY ADMINISTRATOR’S PRIOR CONSENT FOR TRANSFER OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. The hearing will be conducted at the Martin County Administrative Center, 1st Floor, Commission Room, 2401 S.E. Monterey Road, Stuart, Florida, at 9:00 a.m. or as soon thereafter as the item may be heard.

The title of the proposed ordinance is:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA AMENDING SECTION 17.8 OF ARTICLE 1 OF CHAP-TER 17, BEACHES, PARKS AND RECREATION, SEC-TIONS 51.2, 51.3, 51.4, 51.6, 51.10, AND 51.12 OF ARTICLE 1 OF CHAPTER 51, DISASTER AND EMER-GENCY MANAGEMENT, SECTIONS 67.353, 67.354, AND 67.355 OF ARTICLE 12 OF CHAPTER 67, ENVI-RONMENTAL CONTROL, CHAPTER 79, FIRE PRE-VENTION AND PROTECTION, SECTIONS 87.102, 87.103, 87.105, 87.107, 87.108, 87.109, 87.110, AND 87.111 OF ARTICLE 4 OF CHAPTER 87, EMERGENCY MEDICAL SERVICE AND TRANSPORTATION, TO AMEND DEFINITIONS, UPDATE JOB TITLES AND REGARDING BURNING PERMITS AND ORGANIZA-TION OF THE EMERGENCY MANAGEMENT AGEN-CY, AND AUTHORIZING THE COUNTY ADMIN-ISTRATOR TO DEVELOP AN ADMINISTRATIVE POLICY FOR THE REDUCTION OR ELIMINATION OF REIMBURSEMENT CHARGES AND REQUIRE THE COUNTY ADMINISTRATOR’S PRIOR CON-SENT FOR TRANSFER OF CERTIFICATE OF PUB-LIC CONVENIENCE AND NECESSITY; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY; APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE; AND CODIFICATION.

All interested persons are invited to attend and be heard. Copies of the item will be available from the Fire Rescue Department. Persons with a disability are entitled, at no cost, to the provi-sion of certain assistance. This does not include transportation to and from the meeting. Please contact the Office of the County Administrator at (772) 221-2360, or in writing to 2401 S.E. Mon-terey Road, Stuart, FL 34996, no later than three days before the meeting date. Persons using a TDD device, please call 711 for Florida Relay Services. For more information, contact the Fire Rescue Department at (772) 419-2759. Written comments can be mailed to 2401 SE Monterey Rd., Stuart, FL 34996.

If any person decides to appeal any decisions made with respect to any matter considered at the meetings or hearings of any board, commit-tee, commission, agency, council, or advisory group, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record should include the testi-mony and evidence upon which the appeal is to be based.Pub: May 10, 2018 TCN 1996992

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Public Notices

PAL MAR WATER CONTROL DISTRICT

NOTICE OF LANDOWNERS’ MEETING AND REGULAR

BOARD MEETING

NOTICE IS HEREBY GIVEN that the Annual Landowners’ Meeting and a Regular Board Meeting of the Pal Mar Water Control District will be held at 10:00 a.m., or as soon thereaf-ter as can be heard, on June 7, 2018, in the Martin Coun-ty Commission Chambers, Administrative Center, locat-ed at 2401 SE Monterey Road, Stuart, Florida 34996.

The primary purpose of the Landowners’ Meeting is the election of Supervisor(s) for the Pal Mar Water Control District. The purpose of the Regular Board Meeting is to transact any business to come before the Board.

A copy of the Agendas for these meetings may be obtained from the District’s website or by contacting the District Manager at 561-630-4922 and/or toll free at 1-877-737-4922. The meetings may be continued as found nec-essary to a time and place specified on the record.

If any person decides to appeal any decision made with respect to any matter considered at these meetings, such person will need a record of the proceedings and such person may need to insure that a verbatim record of the proceedings is made at his or her own expense and which record includes the testimo-ny and evidence on which the appeal is based.

In accordance with the provi-sions of the Americans with Disabilities Act, any person requiring special accommo-dations or an interpreter to participate at these meetings should contact the District Manager at 561-630-4922 and/or toll free at 1-877-737-4922 at least seven (7) days prior to the date of the meetings.

Meetings may be cancelled from time to time without advertised notice.

Pal Mar Water Control Districtwww.palmarwcd.orgPub: 05/10/18 & 05/17/18TCN 2006222

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Apartments - Unfurn.

FORT PIERCE 1BR/1BA 2BR/2.5BA

www.CortezVillage.net(772) 466-1505

WHITE CITYTownhome Community

2 Bedroom, Pool772-466-0091

www.WeatherbeeTownhomes.net

Homes Furnished

PORT SALERNO - Waterfront! Best view on the Manatee

Pocket! 7 boat slips! Furnished 4bd/2ba/1cg+

covered parking. $695,000

Doug 561-308-3488

Homes Unfurnished

Port St. Lucie - Off Dalton. Large 3/2/2 w/pool. All appli-

ances, quiet area, No Pets/Smoking $1700/mo F/L/S

(772)342-5362

VERO BEACH-Like new 3/2/2. New carpet & tile, w/d, all appls. Corner lot in Point West golf course commu-nity. Clubhouse, polo, pool, planned activities, etc. $1675/mo (561)674-8477

Condos Furnished

Boardwalk Condos - 715 S Ocean Dr, 1/1, Very clean, No pets/Smoking. Steps to

ocean.(845)482-5792/807-9253

Del Mar - Furnished 1/1.5 oceanside condo in Indian River Shores, $1100/month

annually, F/L/S (248)318-4064

GRAND ROYALE - 2/2 Decora-tor’s Dream! 1st floor, pond view, 2-month minimum, avail. 6/1 to 12/30. WEBID 1987828 (772)231-1132

Harbor Isle rIverfront furnIsHed condo - 28 Har-bor Isle unit 304, 2BR, Harbor Isles Riverfront 2 bd 2 ba fur-nished condo no pets, close to club house, pool, gym, ten-nis. Rent $1800/mo Ph/text (772)466-7336 (772)708-5139.

Treasure CoasT Isles - 1BR/1BA 1825 COBIA DR, Waterfro-nt Condo w/Free Dock & Kayak Rack Walking Distance to Mir-acle Mile. Newly renovated, AllTile. No Pets/Smoker. Annual $1250 mo. Call (772)770-9469

Condos Unfurnished

2/2 Condo - 1 ea 1st/2nd Flr, in quiet Vero Beach 55+ com-munity. $1200/mo, annually. Very clean. Tennis, swim-ming, bridge, other commu-nity activities No Pets/Smok-ing. (772)925-5329

Duplx/Multplx UnFurn

5004 La SaLLe StreetLakewood Park - 2 bed/1 bath,

w/d hookup, FPL Power, $650 month, $650 security depos-it. Call (772)215-6958 and leave a message!

Beach Rentals

VERO BEACH - Beautiful 2nd flr. 2/2+porch, 1/2 blk to So. Beach. Pretty grounds, stainless, granite, porcelain tile. Pool, clbhse, W/D in unit. Unfurn. Annual. $1800/mo. (772)696-3169 ID 2001619VERO BEACH OCEANFRONT

Luxury condo Central Beach. Fully furnished 2/2, garage, gated. Close to everything! Avail. now thru Oct. min 3 months at $1650/month.

(443)235-9256

Roommates

Port St. Lucie - Near I-95 off Gatlin Blvd, quiet attractive

furnished room, cable TV, Non Smoker/No pets; $400/mo

772-812-1357

Real Estate Commercial

Invest./Income Prop/Sale

18 Acres IndustrIAl lAnd (Motocross PArk)

18 Acre Motocross Park. Only 1 mile from I-95. Zoned industrial! Great develop-ment opportunity!

[email protected]

561.389.7027

Commercial RE Lease

VERO BEACH - 467 to 1400 sf storefront offices w/work

area. $467&up. 772-569-6200

Transportation

Sports and Imports

Mercedes-Benz Coupe SL500 AMG 2001, Gold. $6,000. Call (772)237-2941. SL

Sport Utility Vehicles

Ford ExplorEr - 1996. Runs grt! Bluetooth stereo, 130K mi. $3000 obo. (772)332-1137.

Mercury Mountaineer - 2006. Premier Ed. 111K mi, gd cond, $4000 (919)757-5075.

Trucks

Chevrolet Silverado 1500 - 2014. Sgl cab, sht bed, like new, $15,800 (772)321-0368.

Vans

DoDge granD Caravan - 2012. blk, exc cond, $6,000. Call (772)237-2941.

Ford EconolinE E150 WorK VAn - 2006. Top/inside racks, 95K mi, $8100. Good condi-tion. (772)559-4041.

Classic Cars

Buick Model 47 - 1925. Mas-ter 6 - gorgeous, limo blue. Must See! Best for serious car buff. (772)323-6870. WeBid 1996274

Vehicles Wanted

AAA AUTO AnAlysis All Makes • All Price

Ranges • We buy Cars, Trucks & Motorcycles; Est. 1981

772-260-9707

$$ Cash $$ for your unwanted or junkcar or truck - running or

not; Free pick up! 772-579-5983

Recreation

Boats/Motors/Marine

21’ SEAFOX ‘03, w/T-top, 150hp Mercury w/150 hrs; Selling w/outriggers. Trailer. $10,500.

772-285-1248Boat Dock - Lift 12K lbs, 1 mi

d/twn Stuart, water/elect., boat up to 33’, private home $320/mo. (561)779-5626.

Buy and Sell here!

Wheels/Recreation

Johnson outboard, 2000 - 70 hp. Runs good. $2495

(772)634-8464.Larsen senza - ‘07 21’ I/O,

w/dive plat. 350 Volvo eng & trlr. 99hrs $10K(772)466-3129

MANATEE POCKET DOCK SliPS available. Water & electric included, Private home. $300 min + tax Call

Doug 561-308-3488

Campers & RV’s

2003 Mountainair rV 38’ Gas, 2 Slides, New Gener-ator, 71k mileage, includes tow Honda CRV, Many Extras $79,000. (772)299-5032.

MONTE CARLO 5Th WhEEL - 2013, 37ft., tri-axle, 2 slide-outs, 2 ACs, awning, many extras. Will deliver. $18,500

obo. Pics avail. (561)684-5836.

RV Parks/Resorts/Camp

RV LOTS$400/Month

+ Utilities, 55+ comm 386-233-8097 or

305-338-5063

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6d · 80935d3c 6d additional item --continued from 5/22/2018 board of county commissioners agenda...

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