Minutes 03/28/2017 - Laserfiche WebLink

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March 28, 2017 ORDINANCE ACCEPTING A $1,000 JUNIOR PLAYER DEVELOPMENT GRANT “ FROM THE PGA MID-ATLANTIC SECTION AND APPROPRIATING SAID AMOUNT IN THE FY 2017 GOLF FUND FOR USE BY THE DEPARTMENT OF PARKS, RECREATION AND LEISURE SERVICES TO FUND AN INTRODUCTORY PROGRAM FOR PORTSMOUTH CHILDREN. ” Ayes: Cherry, Clark, Lucas-Burke, Moody, Psimas, Whitaker, Rowe Nays: None 17 - 145 - Adoption of an ordinance to amend Chapter 13 of the Code of the City of Portsmouth, Virginia (2006) (Fire Protection and Prevention) by amending and reordaining Sections 13-57 and 13-58 to grant and confirm certain powers and duties of the Fire Marshal as authorized by state law. Background:  The Office of the Fire Marshal is a division of the Department of Fire, Rescue and Emergency Services tasked with enforcing state and city laws regarding the prevention of fires, including the Virginia Statewide Fire Prevention Code. In addition, the Fire Marshal is tasked with investigating the cause, origin and circumstances of fires.  Chapter 3 of Title 27 of the Code of Virginia authorizes localities to grant and confirm certain powers and duties of the Fire Marshal.  The Virginia Code also establishes certain training and other requirements for marshals. Discussion:  The proposed ordinance amends the City Code to more closely track state law.  The amendments include confirming the authority of fire marshals to procure and serve arrest warrants, to issue summons, and to exercise general police powers (Va. Code §§ 27-34.2, 34.2:1). This provides marshals with the authority necessary to enforce fire prevention measures.  Under state law, fire marshals must comply with certain training requirements prior to exercising their powers. The proposed ordinance expressly incorporates these training requirements into the City Code.  The ordinance also mandates that the Fire Marshal and all deputies and assistants take an oath of office, as required by VA Code § 27-37. Financial Impact:  None. Staff Recommends:  Adoption of the ordinance. Next Steps Following Council Action:  The Department of Fire, Rescue and Emergency Services and the Office of the Fire Marshal will review and establish the necessary policies and procedures to implement the City Code changes. Motion by Mr. Moody, and seconded by Ms. Lucas-Burke, to adopt the following ordinance, and was adopted by the following vote: “ORDINANCE TO AMEND CHAPTER 13 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (2006) (FIRE PROTECTION AND PREVENTION) BY AMENDING AND REORDAINING SECTIONS 13-57 AND 13-58 TO GRANT AND CONFIRM CERTAIN POWERS AND DUTIES OF THE FIRE MARSHAL AS AUTHORIZED BY STATE LAW.” Ayes: Cherry, Clark, Lucas-Burke, Moody, Psimas, Whitaker, Rowe Nays: None