HomeMy WebLinkAboutOrdinance 5025 ORDINANCE NO. 5025
AN ORDINANCE TO APPROVE THE FIREFIGHTER
PHYSICAL EXAM PROCEDURE TO HELP ENSURE THE
PHYSICAL HEALTH AND SAFETY OF FAYETTEVILLE
FIREFIGHTERS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby approves
the attached Firefighter Physical Exam Procedure to help ensure the physical health and safety of
Fayetteville firefighters.
Y
PASSED and APPROVED this 5 h day of June, 2007.
FAYETTEVILLE
APPROVED: ATTEST: V& RKANSP�J?
ee
By: By: adk� C C
DAN COODY, Mayor SONZkA E. SMITH, City ClerkrFreasurer
Subject: Firefighter Physical Examination Procedure
Effective Date: June 6, 2007
Replaces and Supersedes: None, new document
Automatic Review Date: June 1, 2010
Fire Chiefs Signature: �
Mayor's Signature:
Page: 1 of 2
A. Purpose
In conjunction with our Annual Agility Test Program, Voluntary Fitness
Assessments and the City of Fayetteville's Wellness Benefit, this procedure has
been adopted. The department requires firefighter physicals to certify that those
who are expected to do interior structural fire fighting are physically capable of
performing the duties which may be assigned to them during emergencies.
Employees with known heart disease, epilepsy, or emphysema, shall not
participate in fire brigade emergency activities unless a physician's certificate of
the employee's fitness to perform his/her essential job functions as an interior
structural firefighter.
B. Policy
It is a policy of the City of Fayetteville Fire Department to provide physicals for
its firefighters every other year for the purpose of medically certifying their ability
to perform interior structural fire fighting. This policy is based on the minimum
requirements of: 29 CFR 1910.156 Fire Brigades (b) (2).
C. Procedure
Every year, the department will provide physicals for half of the total number of
uniform firefighters on active duty with the department from a certified
occupational health clinic. The department will make every effort to have these
examinations conducted while the firefighter is on duty.
Firefighter Physical Examination Procedure
Page 2 of 2
If the results from the examination prove negative for heart disease, epilepsy
and emphysema, the firefighter will be certified to return to work.
If the results from the examination prove positive for heart disease, epilepsy or
emphysema, individually or collectively, the firefighter may not return to work
until a practicing physician certifies the employee's fitness to perform his/her
essential job functions as an interior structural firefighter.
City of Fayetteville Staff Review Formol f 11 a 1
tt��llLLlli�.t
City Council Agenda Items
and J � ll;� ,1 � � yJ
Contracts, Leases or Agreements 1� �G PR, 'I-e /%
June 5, 2007 u /
`Q
City Council Meeting Date
Agenda Items Only
Tony Johnson Fire Fire
Submitted By Division Department
Action Required:
Council approval of the Fire Dept procedures for firefighter physicals .
$ 1000000 $ 19,700 00 Professional Services
Cost of this request Category / Project Budget Program Category I Project Name
1010 3020 5314 00 $ 10, 500 00 Services and Charges
Account Number Funds Used to Date Program I Project Category Name
$ 9, 200 00 General
Project Number Remaining Balance Fund Name
Budgeted Item �X Budget Adjustment Attached
i7
5v 2( - t;� 7 Previous Ordinance or Resolution #
Department Directo Date
r/ Original Contract Date
Original Contract Number
City Attorney Date
Receive
5 ^ 23 -o ] Clerk's
Finance and
Internal Service Director Date
Received in
Mayor's Office
Mayor Date
Comments. The budget adjustment has already been processed for this item
Revised April 16, 2007
City of Fayetteville Fire Department
" 303 W . Center St. Fayetteville, AR. 72701
" Phone (479) 575-8365 Fax (479) 575-0471
Proiect Reauest
To: Mayor Coody
Fayetteville City Council
From: Tony Johnson, Fire Chief T�
Subject: Fire Department Procedure Approval
Date: May 18, 2007
Recommendation
I am recommending that you accept and approve the Firefighter Physical Examination
Procedure which will allow for firefighter physicals to certify that those who are
expected to do interior structural fire fighting are physically capable of performing the
duties which may be assigned to them during emergencies. The procedure is based on
the minimum requirements of occupational Safety and Health Administration's Fire
Brigade Standard which is found in Title 29 of the Code of Federal Regulations (29 CFR
1910. 156 Fire Brigades (b) (2).
Backaround
In America, 45 percent of the firefighters that die on the job, or in the line of duty, die
from coronary heart disease. The chances are increased 10 to 100 times during an
emergency, or when firefighters are responding to or returning from an incident. This
statistic is exceptionally high when compared against other occupations.
Discussion
This is being brought before the Council pursuant to Arkansas Code 14-51-302 and City
of Fayetteville Policy and Procedure AD-01, The statute requires Council approval and
the City's Policy and Procedure requires the Mayor to review and approve in writing all
administrative policies and procedures. Both documents are attached and made a part
of this request.
Budaet Imaact
The funding for this project will come from the fire department's annual operations
budget and will cost approximately $10,500 per year.
ORDINANCE NO.
AN ORDINANCE TO APPROVE THE FIREFIGHTER PHYSICAL
EXAM PROCEDURE TO HELP ENSURE THE PHYSICAL
HEALTH AND SAFETY OF FAYETTEVILLE FIREFIGHTERS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby approves
the attached Firefighter Physical Exam Procedure to help ensure the physical health and safety of
Fayetteville firefighters.
PASSED and APPROVED this 5'h day of June, 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Subject: Firefighter Physical Examination Procedure
Effective Date: June 6, 2007
Replaces and Supersedes: None, new document
Automatic Review Date: June 1, 2010
Fire Chief's Signature:
Mayor's Signature:
Page: 1 of 2
A. Purpose
In conjunction with our Annual Agility Test Program, Voluntary Fitness
Assessments and the City of Fayetteville's Wellness Benefit, this procedure has
been adopted. The department requires firefighter physicals to certify that those
who are expected to do interior structural fire fighting are physically capable of
performing the duties which may be assigned to them during emergencies.
Employees with known heart disease, epilepsy, or emphysema, shall not
participate in fire brigade emergency activities unless a physician's certificate of
the employee's fitness to perform his/her essential job functions as an interior
structural firefighter.
B. Policy
It is a policy of the City of Fayetteville Fire Department to provide physicals for
its firefighters every other year for the purpose of medically certifying their ability
to perform interior structural fire fighting. This policy is based on the minimum
requirements of: 29 CFR 1910. 156 Fire Brigades (b) (2).
C. Procedure
Every year, the department will provide physicals for half of the total number of
uniform firefighters on active duty with the department from a certified
occupational health clinic. The department will make every effort to have these
examinations conducted while the firefighter is on duty.
Firefighter Physical Examination Procedure
Page 2 of 2
If the results from the examination prove negative for heart disease, epilepsy
and emphysema, the firefighter will be certified to return to work.
If the results from the examination prove positive for heart disease, epilepsy or
emphysema, individually or collectively, the firefighter may not return to work
until a practicing physician certifies the employee's fitness to perform his/her
essential job functions as an interior structural firefighter.
City of Fayetteville
Fire Department
Firefighter/OSHA Physical Examination Form
Firefighter was examined by me on;
During the physical examination he/she was checked for the following
conditions; 1) Heart Disease, 2) Epilepsy and 3) Emphysema. The results of the
tests are as follows:
* Heart Disease negative _ positive_
* Epilepsy negative_ positive-
* Emphysema negative_ positive_
In my opinion, this firefighter is/ is not physically able to perform interior
structural fire fighting functions pursuant to; 29 CFR 1910. 156 Fire Brigades,
paragraph (b) (2).
Physician's Printed Name
Physician's Signature
Date
Firefighter's Printed Name
Firefighters Signature
Date
( Code of Federal Regulations ]
[ Title 29 , Volume 5 ]
[ Revised as of July 1 , 2006 ]
From the U . S . Government Printing Office via GPO Access
[ CITE : 29CFR1910 . 156 ]
[ Page 494 - 497 ]
TITLE 29 - -LABOR
CHAPTER XVII --OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION , DEPARTMENT
OF LABOR
PART 1910 OCCUPATIONAL SAFETY AND HEALTH STANDARDS--Table of Contents
Subpart L Fire Protection
Sec . 1910 . 156 Fire brigades .
( a ) Scope and application- - ( 1 ) Scope . This section contains
requirements for the organization , training, and personal protective
equipment of fire brigades whenever they are established by an employer .
( 2 ) Application . The requirements of this section apply to fire
brigades , industrial fire departments and private or contractual type
fire departments . Personal protective equipment requirements apply only
to members of fire brigades performing interior structural fire
fighting . The requirements of this section do not apply to airport crash
rescue or forest fire fighting operations .
( b ) Organization- - ( 1 ) Organizational statement . The employer shall
prepare and maintain a statement or written policy which establishes the
existence of a fire brigade ; the basic organizational structure ; the
type , amount , and frequency of training to be provided to fire brigade
members ; the expected number of members in the fire brigade ; and the
functions that the fire brigade is to perform at the workplace . The
organizational statement shall be available for inspection by the
Assistant Secretary and by employees or their designated
representatives .
( 2 ) Personnel . The employer shall assure that employees who are
expected to do interior structural fire fighting are physically capable
of performing duties which may be assigned to them during emergencies .
The employer shall not permit employees with known heart disease ,
epilepsy, or emphysema , to participate in fire brigade emergency
activities unless a physician ' s certificate of the employees ' fitness to
participate in such activities is provided . For employees assigned to
fire brigades before September 15 , 1980 , this paragraph is effective on
September 15 , 1990 . For employees assigned to fire brigades on or after
September 15 , 1980 , this paragraph is effective December 15 , 1980 .
( c ) Training and education . ( 1 ) The employer shall provide training
and education for all fire brigade members commensurate with those
duties and functions that fire brigade members are expected to perform .
Such training and education shall be provided to fire brigade members
before they perform fire brigade emergency activities . Fire brigade
leaders and training instructors shall be provided with training and
education which is more comprehensive than that provided to the general
membership of the fire brigade .
( 2 ) The employer shall assure that training and education is
conducted frequently enough to assure that each member of the fire
brigade is able to perform the member ' s assigned duties and functions
satisfactorily and in a safe manner so as not to endanger fire brigade
members or other employees . All fire brigade members shall be provided
with training at least annually . In addition , fire brigade members who
are expected to perform interior structural fire fighting shall be
provided with an education session or training at least quarterly .
( 3 ) The quality of the training and education program for fire
brigade members shall be similar to those conducted by such fire
training schools as the Maryland Fire and Rescue Institute ; Iowa Fire
Service Extension ; West Virginia Fire Service Extension ;
[ [ Page 995 ] ]
Georgia Fire Academy , New York State Department , Fire Prevention and
Control ; Louisiana State University Firemen Training Program , or
Washington State ' s Fire Service Training Commission for Vocational
Education . ( For example , for the oil refinery industry, with its unique
hazards , the training and education program for those fire brigade
members shall be similar to those conducted by Texas A s M University,
Lamar University, Reno Fire School , or the Delaware State Fire School . )
( 9 ) The employer shall inform fire brigade members about special
hazards such as storage and use of flammable liquids and gases , toxic
chemicals , radioactive sources , and water reactive substances , to which
they may be exposed during fire and other emergencies . The fire brigade
members shall also be advised of any changes that occur in relation to
the special hazards . The employer shall develop and make available for
inspection by fire brigade members , written procedures that describe the
actions to be taken in situations involving the special hazards and
shall include these in the training and education program .
( d ) Fire fighting equipment . The employer shall maintain and
inspect , at least annually, fire fighting equipment to assure the safe
operational condition of the equipment . Portable fire extinguishers and
respirators shall be inspected at least monthly . Fire fighting equipment
that is in damaged or unserviceable condition shall be removed from
service and replaced .
( e ) Protective clothing . The following requirements apply to those
employees who perform interior structural fire fighting . The
requirements do not apply to employees who use fire extinguishers or
standpipe systems to control or extinguish fires only in the incipient
stage .
( 1 ) General . ( i ) The employer shall provide at no cost to the
employee and assure the use of protective clothing which complies with
the requirements of this paragraph . The employer shall assure that
protective clothing ordered or purchased after July 1 , 1981 , meets the
requirements contained in this paragraph . As the new equipment is
provided, the employer shall assure that all fire brigade members wear
the equipment when performing interior structural fire fighting . After
July 1 , 1985 , the employer shall assure that all fire brigade members
wear protective clothing meeting the requirements of this paragraph when
performing interior structural fire fighting .
( ii ) The employer shall assure that protective clothing protects the
head, body , and extremities , and consists of at least the following
components : foot and leg protection ; hand protection ; body protection ;
eye , face and head protection .
( 2 ) Foot and leg protection . ( i ) Foot and leg protection shall meet
the requirements of paragraphs ( e ) ( 2 ) ( ii ) and ( e ) ( 2 ) ( iii ) of this
section , and may be achieved by either of the following methods :
( A) Fully extended boots which provide protection for the legs ; or
( B ) Protective shoes or boots worn in combination with protective
trousers that meet the requirements of paragraph ( e ) ( 3 ) of this section .
( ii ) Protective footwear shall meet the requirements of
Sec . 1910 . 136 for Class 75 footwear . In addition , protective footwear
shall be water-resistant for at least 5 inches ( 12 . 7 cm) above the
bottom of the heel and shall be equipped with slip- resistant outer
soles .
( iii ) Protective footwear shall be tested in accordance with
paragraph ( 1 ) of appendix E , and shall provide protection against
penetration of the midsole by a size 8D common nail when at least 300
pounds ( 1330 N ) of static force is applied to the nail .
( 3 ) Body protection . ( i ) Body protection shall be coordinated with
foot and leg protection to ensure full body protection for the wearer .
This shall be achieved by one of the following methods :
(A) Wearing of a fire-resistive coat meeting the requirements of
paragraph ( e ) ( 3 ) ( ii ) of this section in combination with fully extended
boots meeting the requirements of paragraphs ( e ) ( 2 ) ( ii ) and ( e ) ( 2 ) ( iii )
of this section ; or
( B ) Wearing of a fire- resistive coat in combination with protective
trousers both of which meet the requirements of paragraph ( e ) ( 3 ) ( ii ) of
this section .
( ii ) The performance , construction , and testing of fire- resistive
coats and
[ ( Page 496 ] ]
protective trousers shall be at least equivalent to the requirements of
the National Fire Protection Association ( NFPA ) standard NFPA No . 1971 -
1975 , ' ' Protective Clothing for Structural Fire Fighting , ' ' which is
incorporated by reference as specified in Sec . 1910 . 6 , ( See appendix D
to subpart L ) with the following permissible variations from those
requirements :
( A ) Tearing strength of the outer shell shall be a minimum of 8
pounds ( 35 . 6 N ) in any direction when tested in accordance with
paragraph ( 2 ) of appendix E ; and
( B ) The outer shell may discolor but shall not separate or melt when
placed in a forced air laboratory oven at a temperature of 500 [ deg ] F
( 260 [ deg] C ) for a period of five minutes . After cooling to ambient
temperature and using the test method specified in paragraph ( 3 ) of
appendix E , char length shall not exceed 4 . 0 inches ( 10 . 2 cm ) and after-
flame shall not exceed 2 . 0 seconds .
( 4 ) Hand protection . ( i ) Hand protection shall consist of protective
gloves or glove system which will provide protection against cut ,
puncture , and heat penetration . Gloves or glove system shall be tested
in accordance with the test methods contained in the National Institute
for Occupational Safety and Health ( NIOSH ) 1976 publication , " The
Development of Criteria for Fire Fighter ' s Gloves ; Vol . II , Part II :
Test Methods , ' ' which is incorporated by reference as specified in Sec .
1910 . 6 , ( See appendix D to subpart L ) and shall meet the following
criteria for cut , puncture , and heat penetration :
( A) Materials used for gloves shall resist surface cut by a blade
with an edge having a 60 [ deg ] included angle and a . 001 inch ( . 0025 cm . )
radius , under an applied force of 16 lbf ( 72N ) , and at a slicing
velocity of greater or equal to 60 in /min ( 2 . 5 cm . / sec ) ;
(B) Materials used for the palm and palm side of the fingers shall
resist puncture by a penetrometer (simulating a 4d lath nail), under an
applied force of 13.2 lbf (60N), and at a velocity greater or equal to
20 in/min (.85 cm./sec); and
(C) The temperature inside the palm and gripping surface of the
fingers of gloves shall not exceed 135 [deg]F (57 [deg]C) when gloves or
glove system are exposed to 932 [deg]F (500 [deg]C) for five seconds at
4 psi (28 kPa) pressure.
(ii) Exterior materials of gloves shall be flame resistant and shall
be tested in accordance with paragraph (3) of appendix E. Maximum
allowable afterflame shall be 2.0 seconds, and the maximum char length
shall be 4.0 inches (10.2 cm).
(iii) When design of the fire -resistive coat does not otherwise
provide protection for the wrists, protective gloves shall have
wristlets of at least 4.0 inches (10.2 cm) in length to protect the
wrist area when the arms are extended upward and outward from the body.
(5) Head, eye and face protection. (i) Head protection shall consist
of a protective head device with ear flaps and chin strap which meet the
performance, construction, and testing requirements of the National Fire
Safety and Research Office of the National Fire Prevention and Control
Administration, U.S. Department of Commerce (now known as the U.S. Fire
Administration), which are contained in ''Model Performance Criteria for
Structural Firefighters' Helmets'' (August 1977) which is incorporated
by reference as specified in Sec. 1910.6, (See appendix D to subpart
L).
(ii) Protective eye and face devices which comply with Sec.
1910.133 shall be used by fire brigade members when performing
operations where the hazards of flying or falling materials which may
cause eye and face injuries are present. Protective eye and face devices
provided as accessories to protective head devices (face shields) are
permitted when such devices meet the requirements of Sec. 1910.133.
(iii) Full facepieces, helmets, or hoods of breathing apparatus
which meet the requirements of Sec. 1910.134 and paragraph (f) of this
section, shall be acceptable as meeting the eye and face protection
requirements of paragraph (e)(5)(ii) of this section.
(f) Respiratory protection devices --(1) General requirements. (i)
The employer must ensure that respirators are provided to, and used by,
fire brigade members, and that the respirators meet the requirements of
29 CFR 1910.134 and this paragraph.
[[Page 497]]
(ii) Approved self-contained breathing apparatus with full-
facepiece, or with approved helmet or hood configuration, shall be
provided to and worn by fire brigade members while working inside
buildings or confined spaces where toxic products of combustion or an
oxygen deficiency may be present.
Such apparatus shall also be worn during emergency situations involving
toxic substances.
(iii) Approved self-contained breathing apparatus may be equipped
with either a ''buddy -breathing'' device or a quick disconnect valve,
even if these devices are not certified by NIOSH. If these accessories
are used, they shall not cause damage to the apparatus, or restrict the
air flow of the apparatus, or obstruct the normal operation of the
apparatus.
(iv) Approved self-contained compressed air breathing apparatus may
be used with approved cylinders from other approved self-contained
compressed air breathing apparatus provided that such cylinders are of
the same capacity and pressure rating. All compressed air cylinders used
with self-contained breathing apparatus shall meet DOT and NIOSH
criteria.
(v) Self-contained breathing apparatuses must. have a minimum
service -life rating of 30 minutes in accordance with the methods and
requirements specified by NIOSH under 42 CFR part 84, except for escape
self-contained breathing apparatus (ESCBAs) used only for emergency
escape purposes.
(vi) Self-contained breathing apparatus shall be provided with an
indicator which automatically sounds an audible alarm when the remaining
service life of the apparatus is reduced to within a range of 20 to 25
percent of its rated service time.
(2) Positive -pressure breathing apparatus. (i) The employer shall
assure that self-contained breathing apparatus ordered or purchased
after July 1, 1981, for use by fire brigade members performing interior
structural fire fighting operations, are of the pressure -demand or other
positive -pressure type. Effective July 1, 1983, only pressure -demand or
other positive -pressure self-contained breathing apparatus shall be worn
by fire brigade members performing interior structural fire fighting.
(ii) This paragraph does not prohibit the use of a self-contained
breathing apparatus where the apparatus can be switched from a demand to
a positive -pressure mode. However, such apparatus shall be in the
positive -pressure mode when fire brigade members are performing interior
structural fire fighting operations.
[45 FR 60706, Sept. 12, 1980; 46 FR 24557, May 1, 1981; 49 FR 18295,
Apr. 30, 1984; 61 FR 9239, Mar. 7, 1996; 63 FR 1284, Jan. 8, 1998; 63 FR
33467, June 18, 1998]
Portable Fire Suppression Equipment
AD -0l
Page 1 of 2
CITY OF FAYETTEVILLE, ARKANSAS
POLICY AND PROCEDURE
Subject:
Uniform Policies and Procedures — Establishing
Policy Number.
AD -01
Original Policy Date:
June 1, 1993
Effective Date of New/Revised Policy:
August 1, 2005
Revision Dates:
Replaces GA -01 Issued August 1, 1992
Custodian: (Division)
Administration
Mayor's Signature and Date
AD -1.0 PURPOSE:
The purpose of this directive is to establish a uniform policy directed toward developing a
coherent and coordinated administrative policy and procedures manual and clarifying the
issuance of any municipal correspondence or instruction which has or could be
interpreted to be administrative policy.
AD -1.1 POLICY:
.. :... .
:.. a. :,.. •. . . . .: .organization
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. . :. :. .nv is . ,, . . . P+ '
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B. Any administrative policy or procedure which impacts or affects the operations of the
City will be prepared for inclusion in the City of Fayetteville Administrative Policies
and Procedures Manual in the format as established by the Mayor. The format will
generally identify (1) the purpose, (2) the specific policy or procedure, and (3) other
items such as responsibility. Due to subject matter, there may be exceptions to this
format Said policy manual will be readily available in every department and division
for review by any City employee, and a copy will be made available for public
review.
AD -01
Page 2 of 2
C. All department directors, division heads and supervisors are expected to become
thoroughly acquainted with the Administrative Policy and Procedures Manual and to
participate in its implementation, development and update.
AD -1.2 PROCEDURE:
A. Prior to submitting a proposed administrative policy and procedure to the Mayor for
review and approval, each department director, division head and supervisor whose
operations may be affected by the proposed policy and procedure must be provided
an opportunity to review and comment.
B. Following the review and comment period (a period of time sufficient to allow
thorough review), the proposed administrative policy and procedure shall be
submitted to the Mayor for review. If approval is granted by the Mayor, the original
administrative policy and procedure must be submitted to the City Clerk's Office for
dissemination.
C. The City Clerk's Office will disseminate approved policies and procedures to all
department directors and division heads.
Page I of!
14-51-302. Departmental rules and regulations.
All employees in any fire or police department affected by this chapter shall be governed by rules and
regulations set out by the chief of their respective police or fire departments after rules and regulations
have been adopted by the governing bodies of their respective municipalities.
History. Acts 1933, No. 28, § 4; Pope's Dig., § 9948; A.S.A. 1947, § 19-1604.
http://www.arkleg.state.ar.usfNXT/gateway.dl!/ARCode/titlel 1 832.htm/subtit1e12295.htm/... 5/18/2007
(6.8.07)Clarice Pearman - rd. 5025 Page 1
From: Clarice Pearman
To: Johnson, Tony
Date: 6.8.07 10:06 AM
Subject: Ord. 5025
Chief Johnson:
The City Council passed an ordinance June 5, 2007 regarding the physical exam procedure for your department. Please see that I
get an original P&P with your signature and the mayor's to attach to the ordinance to complete processing of the ordinance. Have
a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
c earmaneci favetteville.ar.us
6.21.07) Clarice Pearman - Ord. 5025 Page 11
From: Clarice Pearman
To: Johnson, Tony
Date: 6.21.07 4:08 PM
Subject: Ord. 5025
Attachments: 5025 Firefighter Physical Exam Procedure.pdf
CC: Audit
Chief,
Attached is a copy of the above ordinance passed by June 5, 2007. If anything else is needed please let me know. Have a good
evening.
Thanks.
Clarice