City of Garland, TX Fire Prevention and Protection

Wherever the word “jurisdiction” is used in the International Fire Code it means “the City of Garland.”

Wherever the words “the Board” are used, they shall be held to mean the “Unified Building Standards Board.”

(Ordinance 6507, sec. 5, adopted 12/6/11; Ordinance 6952, sec. 2, adopted 1/16/18)

§ 21.05 Reward in cases of arson.

The Fire Chief is hereby authorized to offer a reward up to five hundred dollars ($500.00) for information leading to the arrest and conviction of any person or persons committing the crime of arson within the City limits. This reward shall be paid out of the general fund of the City and is not affiliated with Garland Crimestoppers.

(Ordinance 5976, sec. 1, adopted 3/7/06)

§ 21.06 through § 21.24. (Reserved)

ARTICLE II EMERGENCY AMBULANCE SERVICE

§ 21.25 Definitions.

For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them in this section:

Emergency

means any circumstance that calls for immediate action and in which the element of time in transporting the sick, wounded or injured for medical treatment is essential to the health or life of the person. Such circumstances include, but are not limited to, accidents generally, traffic accidents, and acts of violence resulting in personal injury, and sudden illness.

Emergency ambulance

means any motor vehicle especially designed, constructed, equipped, and used for transporting the injured or ill in answer to an emergency call and licensed as such by the state.

Emergency call

means any request for ambulance service that is made by telephone or other means of communication in circumstances which are, or have been represented to be, an emergency and requiring immediate ambulance service.

Emergency run

means the emergency ambulance trip to the place where the emergency exists, or from the place of such emergency to a hospital, medical clinic or medical office, or other appropriate destination for the patient.

Fire alarm dispatcher

means the dispatcher of the Fire Department of the City.

Police dispatcher

means the dispatcher of the Police Department of City.

Transfer ambulance

means any motor vehicle licensed by the Texas Department of State Health Services constructed, equipped and used for transferring the injured or sick under circumstances which do not constitute an emergency and which have not been represented as an emergency, and which has been certified as an emergency ambulance by another governmental entity.

(Ordinance 4848, sec. 2, adopted 3/7/95; Ordinance 5376, sec. 2, adopted 6/15/99; Ordinance 6725, sec. 1, adopted 9/2/14)

§ 21.26 Emergency service provided by Fire Department.

The Fire Department shall provide emergency ambulance service within the City. The Fire Department may provide for emergency ambulance service by using City ambulances, apparatus or equipment, or through an interlocal agreement with another governmental entity. In a catastrophe, the Fire Department may provide emergency ambulance service through the use of the ambulances, apparatus or equipment of another governmental entity, with or without an interlocal agreement, or through the use of private ambulance providers, as determined necessary by the Fire Chief.

Ambulance service fees shall be in the applicable amounts designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10.

(C)

The person receiving emergency ambulance service and any person contracting for the service shall be responsible for payment of the fee. A hospital requesting emergency ambulance service for the purpose of this article shall be considered the party responsible for payment of the fee. In case of service received by a minor, the parent or guardian shall be responsible for payment of the fee.

(D)

The City Manager, or his designee, shall adopt a Charity Care Policy and the procedures for administering the policy. The Charity Care Policy shall provide that the fees charged for ambulance services provided by the City may be fully or partially waived if the City is entitled to receive partial reimbursement under the federally approved Ambulance Supplemental Payment Program for the services provided to the person as follows

A 100% waiver if the person's adjusted gross income falls below 400% of the federal poverty guideline threshold.

(E)

Any person or entity that owns or possesses hazardous material involved in a hazardous materials incident within the City, or any party or entity that intentionally, recklessly, or negligently causes or is responsible for a hazardous materials incident within the city, shall be liable for all expenses or costs incurred by the city, including but not limited, associated salary and overtime, as well as, any expensed or costs incurred by third parties which provide assistance to abate and remediate such an event. The remedy provided by this section shall be in addition to any other remedies provided by law.

For the purposes of this section, "hazardous materials" shall be defined as any substances or materials in a quantity or form which, in the determination of the fire chief or his authorized representative, poses a risk to persons, property or the environment, and shall include, but not be limited to, such substances as explosives, radioactive materials, petroleum products, poisons, compressed or liquefied gases, etiologic (biologic) agents, oxidizers, corrosives, carcinogens, cryogens and organic peroxides.

(2)

For the purpose of this section, "hazardous materials incidents" shall be defined as the release, or potential release, of a hazardous material from its container into the environment.

(3)

For the purposes of this article, "direct or indirect costs suffered by the city, and any agencies which assist to abate and remediate such an event," included but are not limited to, direct and indirect costs and expenses attributable to the abatement or cleanup of any hazardous materials incident, including costs of personnel, costs of equipment operations, costs of materials and supplies, costs of protective equipment, costs of specialists, experts, or other contract labor utilized by the city, disposal costs, overhead costs, overtime costs, and any other incidental costs incurred by the city. The responsible party shall be billed for the recovery of the costs.

(F)

The Fire Department may be called upon to provide emergency incident response and service to certain vehicular crashes, vehicle fires, Hazardous Conditions, and Special Rescues within the City. In that regard, the Department may use City ambulances, apparatus, or equipment, or enter into an interlocal agreement with another governmental entity for such response and service. The Fire Department shall attempt to recover related expenses, through fees, listed in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10, as "Emergency Incident Recovery Fees."

(Ordinance 4132, sec. 1, adopted 9/15/87; Ordinance 4619, sec. 1, adopted 8/15/92; Ordinance 4711, sec. 1, adopted 9/21/93; Ordinance 5010, sec. 1, adopted 9/17/96; Ordinance 5376, sec. 2, adopted 6/15/99; Ordinance 5445, sec. 2, adopted 3/7/00; Ordinance 5720, sec. 1, adopted 4/1/03; Ordinance 5847, secs. 1, 2, adopted 9/7/04; Ordinance 6201, sec. 1, adopted 2/19/08; Ordinance 6260, sec. 1, adopted 9/2/08; Ordinance 6319, sec. 1, adopted 6/2/09; Ordinance 6497, sec. 1, adopted 11/1/11; Ordinance 6559, sec. 1, adopted 7/17/12; Ordinance 6672, sec. 1, adopted 2/4/14; Ordinance 7051 adopted 5/7/19; Ordinance 7363 adopted 9/6/2022; Ordinance 7557 adopted 10/8/2024)

§ 21.27 Private emergency service regulations.

It shall be unlawful for any person, either as owner, agent, or otherwise, other than a member of the Fire Department or an agency of the United States, to furnish, operate, conduct, maintain, advertise or otherwise be engaged in the operation of emergency ambulance service, upon the streets, alleys, or any public ways or places within the City, for the purpose of picking up patients within the City, except in the following circumstances:

It shall be permissible for a person operating a transfer ambulance in the City, upon responding to a direct call for non-emergency transfer ambulance service, to operate such ambulance under emergency conditions, using emergency equipment, after notifying the police dispatcher and receiving permission to make an emergency run, when a determination is made by the transfer ambulance attendant that an emergency exists requiring the sick or injured person to be transported with all practical speed to a hospital.

(2)

It shall be permissible for a person operating a transfer ambulance in the City, who is performing the service of maintaining an ambulance at a particular location for a sporting event, to operate such ambulance under emergency conditions, using emergency equipment, after notifying the police dispatcher and receiving permission to make an emergency run, when a determination is made by the transfer ambulance attendant that an emergency exists requiring the sick or injured person to be transported with all practical speed to a hospital.

(3)

It shall be permissible for a person operating a transfer ambulance in the City, if the place of emergency at which the sick or injured person was picked up by such ambulance is outside the City limits, and the ambulance making the emergency run is operated in accordance with chapter 773 of the Texas Health and Safety Code; provided that the operator first notifies the police dispatcher of the route over which the emergency run will be made.

(4)

It shall be permissible for a person operating a transfer ambulance in the City on an emergency run when Fire Department ambulances are not available, and the fire alarm dispatcher requests the operator to furnish backup emergency ambulance service for the Fire Department.

All transfer ambulances operating within the City limits shall comply with all laws and regulations of the state.

(C)

Use of emergency lights, siren, or speed above the speed limit by a transfer ambulance is prohibited except when such an ambulance is on an emergency run as permitted in subsection (A) above.

(D)

The City Manager shall have the authority to revoke the right of any person to operate an ambulance under the authority of this section for failure to comply with the provisions of this article. Any person whose authority is so revoked shall have the right to appeal such decision in writing to the City Council within ten days stating the reasons therefor. The City Secretary shall notify the appellant within ten days of the time and place of the hearing by the Council, which shall be within thirty days of the receipt of such appeal. The decision of the City Council on such appeal shall be final.

(E)

Private emergency service providers seeking a letter of approval to provide emergency medical services within the City pursuant to section 773.0573 of the Texas Health and Safety Code, shall submit a written request for the issuance of such a letter to the Office of the City Manager. The matter will thereafter be placed on an agenda for consideration by the City Council.

(Ordinance 4848, sec. 2, adopted 3/7/95; Ordinance 5376, sec. 2, adopted 6/15/99; Ordinance 6725, sec. 2, adopted 9/2/14)

§ 21.28 Violations; penalties.

Any person, operator, driver or attendant who violates any provision of this article shall be guilty of a separate offense for each day or portion thereof during which any such violation is committed, continued or permitted, and each offense shall be punishable as a misdemeanor in accordance with section 10.05 of this Code.

Any person who gives false or misleading information to a police or fire dispatcher or any employee of the City about an emergency is in violation of this article. Each occurrence is a separate offense and shall be punishable as a misdemeanor in accordance with section 10.05 of this Code.

(Ordinance 5376, sec. 2, adopted 6/15/99)

§ 21.29 Other governmental entities.

The City Manager or his appointed representative may enter into a reciprocal agreement with any other governmental entity that:

Allows ambulances from another municipality to conduct emergency runs on the streets of the City when transporting an emergency patient from such other governmental entity to a hospital.

(2)

Allows another governmental entity’s ambulances to respond to emergency calls within the limits of the City when the Fire Department cannot respond with an ambulance, more ambulances are required than the Fire Department has available for response, or when an accident occurs within the City but is adjacent to a neighboring municipality or entity which responds with an ambulance first.