Section
104 “General authority and responsibilities” is amended
by adding sections 104.12 and 104.13 to read as follows:
104.12 Governmental immunity. This fire
prevention chapter is an exercise by the city of its governmental
functions for the protection of the public peace, health and safety;
and neither the city nor agents and representatives of said city (or
any individual, receiver, firm, partnership, corporation, association,
trustee or any of the agents thereof, in good faith carrying out,
complying with or attempting to comply with any order, rule or regulation
promulgated pursuant to the provisions of this ordinance) shall be
liable for any damage sustained to persons or property as the result
of said activity.
104.13 Standard of care for emergency action. Every officer, agent or employee of the city, and every officer,
agent, or employee of an authorized provider of emergency services,
including, but not limited to every unit of government or subdivision
thereof, while responding to emergency calls or reacting to emergency
situations, regardless of whether any declaration of emergency has
been declared or proclaimed by a unit of government or subdivision
thereof, is hereby authorized to act or not to act in such a manner
to effectively deal with the emergency. An action or inaction is “effective”
if it in any way contributes or can reasonably be thought by the provider
of such emergency service to contribute to preserving any lives or
property. This section shall prevail over every other ordinance of
the city and, to the extent to which the city has the authority to
so authorize, over any other law establishing a standard of care in
conflict with this section. Neither the city nor the employee, agent,
or officer thereof; or other unit of government or subdivision thereof
or its employees, agents, or officers shall be liable for failure
to use ordinary care in such emergency. It is the intent of the city
council, by passing this ordinance, to assure effective action in
emergency situations by those entrusted with the responsibility of
saving lives and property by protecting such governmental units from
liability, and their employees, agents, and officers from non-intentional
tort liability to the fullest extent permitted by statutory and constitutional
law. This section shall be liberally construed to carry out the intent
of the city council.