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HomeMy WebLinkAbout095-21 (OrdAmendmentChapter90FireProtection(FireMarshalPowers)) "f r ORDINANCE May 26, 2021 The Board of Supervisors of Frederick County, Virginia hereby ordains that Section 90-2 (Administration, enforcement, and appointment of Fire Marshal; interpretation; applicability; appeals) of Article I (General Standards) of Chapter 90 (Fire Prevention and Protection) of the Code of Frederick County, Virginia be, and the same hereby is, amended as follows (additions are shown in bold underline): ARTICLE I GENERAL STANDARDS § 90-2 Administration, enforcement, and appointment of Fire Marshal; interpretation; applicability; appeals. A. There is hereby established in and for the County the position of Fire Marshal, who shall be responsible for the administration and enforcement of this chapter and, in addition, such official shall have the powers outlined in § 27-98.1 of the Code of Virginia. The Board of Supervisors authorizes the appointment of such Fire Marshal as designated by the System Chief of the Frederick County Department of Fire and Rescue. The investigation into the origin and cause of every fire and explosion occurring within the limits for which he/she is appointed, investigation and prosecution of all offenses involving hazardous materials, fires, fire bombings, bombings, attempts or threats to commit such offenses, false alarms relating to such offenses, possession and manufacture of explosive devices, substances, and fire bombs, and environmental crimes shall be the responsibility of the Fire Marshal and/or a designated representative. The Fire Marshal and his-designated representative(s) shall have the power to arrest, to procure and serve warrants of arrest, and to issue summonses in the manner authorized by general law in connection with the violation of fire prevention and fire safety laws and related ordinances all as provided in § 2734.2 of the Code of Virginia. The Fire Marshal and his designated representative(s) shall further have the same police powers as a sheriff, police officer, or law enforcement officer, as provided in § 27-34.2:1 of the Code of Virginia, B. The requirements in this chapter shall be administered and enforced by the Frederick County Fire Marshal or a designated representative as referred to as the "Authority Having Jurisdiction." C. Subject to the provisions of Subsection E, the Fire Marshal or a designated representative shall interpret this section, where necessary, and that interpretation shall be binding and final. D. This chapter shall apply to all matters affecting or relating to structures, processes and premises as set forth in Sections 101 and 102 of the FCFPC, except that this chapter shall not apply within the boundaries of any incorporated town in the County that has a duly appointed Fire Code Official. E. Appeals concerning the administration, enforcement, interpretation, and/or application of this chapter by the Fire Marshal or a designated representative shall first lie to the County Board of Building Code Appeals created under § 52-8 of this Code and then to the State Building Code Technical Review Board. Appeals hereunder to the County Board of Building Code Appeals shall be subject to the payment of the same fees as apply to appeals of matters involving the Virginia Uniform Statewide Building Code. Appeals from the application of the VSFPC by the State Fire Marshal shall be made directly to the State Building Code Technical Review Board as provided in § 36-108 et seq. of the Code of Virginia (1950, as amended), and as may be subsequently amended. Enacted this 26th day of May, 2021. Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells Aye Blaine P. Dunn Aye David D. Stegmaier Aye Judith McCann-Slaughter Aye A COPY AT T Kris C. ey Frederick Co ministrator Res. No. 095-21 2 PUBLIC SAFETY COMMITTEE REPORT to the BOARD OF SUPERVISORS Thursday April 15, 2021 8:30 a.m. 1080 COVERSTONE DRNE, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Walt Cunningham, Judy McCann-Slaughter, Helen Lake, Dave Stegmaier, Chairman Bob Wells and Denny Linaburg. Staff present: Deputy County Administrator Jay Tibbs, Fire& Rescue Chief Steve Majchrzak, Director of Public Safety Communications Tamara Perez, County Attorney Rod Williams , Major Steve Hawkins, Volunteer Fire&Rescue President Dan Cunningham, Deputy Director of Emergency Management Chester Lauck, Sheriff Lenny Millholland, Finance Director Cheryl Shiffler, Assistant Finance Director Sharon Kibler, Treasurer Billy Orndoff, Deputy Chief Fire Marshal Mark Showers, Chief 13 Chris Jenkins, Co.15 president Rodney Snapp, Co.13 building committee member Will Weber, Captain Alex Beeman, Lt. Chris Hockman and Lt. Barry VanMeter. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1. Chanter 90 revision (see attached): County Attorney Rod Williams presented a proposed revision to Section 90-2 of the County Code regarding the powers of the Fire Marshal and Assistant Fire Marshals. The reason for the proposed revision is to provide clarity to training agencies that the Fire Marshal and Assistant Fire Marshal have certain law enforcement powers. Mr. Linaburg made a motion to forward the proposed Section 90-2 as written to the Board of Supervisors for public hearing with a recommendation of approval. Mrs. Lake seconded the motion and the Committee unanimously approved. ITEMS FOR INFORMATION ONLY: 1. Introduction of new Committee Members: Chairman Wells took a few moments for the Public Safety Committee to introduce themselves as we have a few new members. The new Public Safety Communications Director Tamara Perez, new Fire &Rescue Chief Steve Majehrzak,new citizen member Denny Linaburg and new Board of Supervisors member Dave Stegmaier. 2. Fire& Rescue departmental requests (see attached): a) Fire and Rescue request to purchase two reserve aeparatus. Chief Majehrzak reviewed the request to purchase 2 reserve apparatuses, a rescue engine, and a wagon for use by the entire Fire&Rescue system. They would be stored at Millwood Station and maintenance would be funded through the Fire& Rescue operations budget. The cost needed in total is $182,000. Mrs.McCann-Slaughter made a motion to forward the request for funding from Capital Funds to the Finance Committee with a recommendation of approval. The motion was seconded by Mr. Cunningham. The Committee unanimously approved. b) Proffer Request for Round Hill Community Fire & Rescue Company. Chief Majchrzak reviewed the request for proffer funds in the amount of$41,652 for the purchase of a new rescue engine for Round Hill Fire&Rescue Company. A contract has been signed and a pre-payment has been made. Mr. Cunningham made a motion to forward the proffer request to the Finance Committee for review with a recommendation of approval. The motion was seconded by Mr. Linaburg. The Committee unanimously approved. c) Proffer Request for Clearbrook Volunteer&Rescue Company,Inc. Chief Majehrzak reviewed the request for proffer funds in the amount of$539,147 for the construction of an addition to the existing Clearbrook Fire &Rescue station which is already under way. The funds were paid out of Clear Brook Fire &Rescue and they are seeking reimbursement for the expenses. Mrs. McCann-Slaughter made a motion to forward the proffer request to the Finance Committee with a recommendation of approval. The motion was seconded by Mr. Cunningham. The Committee unanimously approved. 3. Sheriffs Office departmental information see attached)- a) ttached :a) Purchase of replacement vehicles. Sheriff Millholland addressed the current situation regarding the purchasing of new vehicles, equipment installation in the vehicles and vendors who perform the work. One of the biggest hurdles is the time frame he currently has to work with when ordering at dealerships and the County's budget timeline. His department needs 15 replacement cars, fully outfitted for the road which takes about a week per car to finish. Cheryl Shiffler stated that capital funds request is the appropriate avenue to go to seek funding for the vehicles. She went on to say she would need a dollar amount for the 15 vehicles to include in the Finance Committee agenda. Mrs. McCann-Slaughter made a motion to forward the request for funding for 15 new fully outfitted vehicles from Capital Funds to the Finance Committee. The motion was seconded by Mr. Stegmaier. The Committee unanimously approved. b) Grant for a new dive truck. The Sheriff also mentioned that they received a $400,000 fully funded grant award for a dive truck. No match is needed by the County. c) Sheriffs Department Salaries He also mentioned pay increases for his department. Mr. Tibbs advised the Committee that the County is beginning a salary survey with surrounding jurisdictions to envelop all departments. They are looking at starting in May and have a 5-6 month turnaround before it is complete. 4. Other information: Cheryl Shiffler advised that the Finance Committee meeting will be held on Wednesday April 21' at 8:00 a.m, in the boardroom downtown for those with items being addressed then. Respectfully submitted, Public Safety Committee Bob Wells Dave Stegmaier Denny Linaburg Judy McCann-Slaughter Helen Lake Walt Cunningham COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 5400667-0370 E-mail rwillia@.fcva.us MEMORANDUM TO: Public Safety Committee FROM: Roderick B. Williams, County Attorney DATE: March 30, 2021 RE: County Code Chapter 90—Proposed Amendment to Clarify Law Enforcement Authority of Fire Marshal and Assistant Fire Marshals Attached please fmd a proposed revision to Section 90-2 of the County Code,regarding the powers of the Fire Marshal and Assistant Fire Marshals. The reason for the proposed revision is to provide clarity to training agencies that the Fire Marshal and Assistant Fire Marshals have certain law enforcement powers. Various training agencies require that individuals seeking training have law enforcement powers and,by Frederick County having an ordinance that explicitly makes such provision, we avoid any concerns by such agencies. At present,the County Code does not do so,resulting in some training agencies raising questions regarding the eligibility of the Fire Marshal and Assistant Fire Marshals to participate in their programs. State law, however,makes clear the allowance for the Fire Marshal and Assistant Fire Marshals having such powers, as set forth in Virginia Code Sections 27-34.2 and 27-34.2:1 (copies attached). A favorable recommendation on the revision is requested. Attachments cc: Steven A. Majehrzak, Fire Chief S. Mark Showers, Fire Marshal 107 North Kent Street • Winchester, Virginia 22601 Code of Virginia Title 27. Fire Protection Chapter 3. Local Fire Marshals § 27-34.2. Power to arrest, to procureand serve warrants and to issue summons; limitation on authority In addition to such other duties as may be prescribed by law,the local fire marshal and his assistants appointed pursuant to § 2 7-36 shall, if authorized by the governing body of the county, city or town appointing the local fire marshal, have the authority to arrest, to procure and serve warrants of arrest and to issue summons in the manner authorized by general law for violation of fire prevention and fire safety laws and related ordinances. The authority granted in this section shall not be exercised by any local fire marshal or assistant until such person has satisfactorily completed a training course designed specifically for local fire marshals and their assistants, which course shall be approved by the Virginia Fire Services Board. The Department of Fire Programs in cooperation with the Department of Criminal Justice Services shall have the authority to design, establish and maintain the required courses of instruction through such agencies and institutions as the Departments jointly may deem appropriate and to approve such other courses as such Departments determine appropriate. The authority granted in this section shall not be construed to authorize a fire marshal or his assistants to wear or carry firearms. 1974, c. 334; 1975, c. 173; 1979, c.402; 1984, c. 779; 1986, c. 60; 1988, c. 65; 1997, c. 436. The chapters of the acts of assembly referenced in the historical citation at the end of this section(s)may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 1 3/21/2021 12:00;00 Code of Virginia Title 27. Fire Protection Chapter 3. Local Fire Marshals § 27-34.2:1. Police powers of fire marshals In addition to such other duties as may be prescribed by law, the local fire marshal and those assistants appointed pursuant to § 27-36 designated by the fire marshal shall, if authorized by the governing body of the county, city or town appointing the local fire marshal, have the same police powers as a sheriff, police officer or law-enforcement officer. The investigation and prosecution of all offenses involving hazardous materials, fires, fire bombings,bombings, attempts or threats to commit such offenses, false alarms relating to such offenses, possession and manufacture of explosive devices, substances and fire bombs shall be the responsibility of the fire marshal or his designee, if authorized by the governing body of the county, city or town appointing the local fire marshal.The police powers granted in this section shall not be exercised by any local fire marshal or assistant until such person has satisfactorily completed a course for fire marshals with police powers, designed by the Department of Fire Programs in cooperation with the Department of Criminal Justice Services,which course shall be approved by the Virginia Fire Services Board. In addition, fire marshals with police powers shall continue to exercise those powers only upon satisfactory participation in in-service and advanced courses and programs designed by the Department of Fire Programs in cooperation with the Department of Criminal Justice Services, which courses shall be approved by the Virginia Fire Services Board. 1977, c. 209; 1979, c.446; 1984, c. 779; 1986, c. 60; 1988, c. 65; 2000, cc. 39, 390. The chapters of the acts of assembly referenced in the historical citation at the end of this section(s)may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 1 3/21/2021 12:00.00