§ 142-21. Emergency services and fire safety plan.

(a)

The host of any outdoor event is required to provide an emergency services and fire safety plan, as that term is defined in section 142-2(i) above, for the outdoor event, and shall be required to provide and pay for firefighter, emergency medical technician, emergency medical personnel and/or ambulance service(s) for such internal emergency medical and fire fighting services. This requirement notwithstanding, no Host shall pay for any of the costs set forth in section 142-12(b)(4) above, nor for general fire services and enforcement, and emergency medical services in the vicinity of the outdoor event.

(b)

All outdoor event applications must include an emergency services and fire safety plan sub-permit application, as established by this section and section 142-37 below. The contents of the emergency services and fire safety plan shall be determined by the anticipated number of attendees at the outdoor event, as described below.

(c)

Applicants shall submit their emergency services and fire safety plan sub-permit application to the SEM. The SEM shall forward the sub-permit application to the fire rescue department.

(d)

The fire rescue department shall be responsible for determining whether to approve or deny an emergency services and fire safety plan sub-permit. Said decision shall be made in writing and forwarded to the SEM, who shall provide the information to the chief of staff. For any outdoor event whose application is due at least 30 days prior to the outdoor event, the fire rescue department shall provide its determination in writing to the SEM within five business days after receipt of the application. For any outdoor event whose application is due less than 30 days prior to the outdoor event, the fire rescue department shall provide its determination, in writing, to the SEM within five business days after receipt of the application or eight business days before the date of the outdoor event, whichever is earlier. The chief of staff shall not issue an outdoor event permit until it receives written approval of the applicant's emergency services and fire safety plan from the fire rescue department.

(e)

The emergency services and fire safety plan for outdoor events with fewer than 2,000 anticipated attendees shall generally be a commitment by the applicant to contact 911 should a medical or fire emergency arise. Should the fire rescue department determine that an outdoor event requires additional emergency provisions to ensure public safety, it will modify the submitted emergency services and fire safety plan accordingly.

(f)

The Atlanta Fire Rescue Department shall assign one City of Atlanta Fire-Rescue Emergency Medical Technician and one City of Atlanta Fire Marshal or Fire Inspector to each outdoor event with 2,000 anticipated attendees or greater. The host shall provide each of these assignees with a phone number at which the host or her/his designee can be reached at all times throughout the outdoor event.

(1)

The assigned emergency medical technician shall be responsible for inspecting and monitoring the emergency services being provided at the outdoor event to determine if those services are in compliance with the host's approved emergency services and fire safety plan and if the services are sufficient given the actual circumstances of the outdoor event.

(A)

Should the emergency medical technician determine that the emergency services being provided at the outdoor event do not comply with the approved emergency services and fire safety plan, and should this determination be the outdoor event's first violation of its approved emergency services and fire safety plan, the emergency technician shall contact the Host or her/his designee and shall provide her/him with one hour in which to bring the emergency services into full compliance with the approved emergency services and fire safety plan. As soon as possible after this contact, the emergency medical technician shall prepare written detailed documentation of the name of the outdoor event contact with whom s/he spoke, the time of the conversation, the emergency medical technician's findings regarding the violation(s), and the corrective action required of the host. This written documentation shall be provided to the SEM within two business days after the conclusion of the outdoor event.

(i)

Should the host not comply in a timely manner with the corrective action required by the emergency medical technician, the city shall provide the necessary services and may include the full cost of providing these services in a supplemental services fee.

(ii)

Should the violation be the outdoor event's second or greater violation of its approved emergency services and fire safety plan, the city may provide the necessary services without giving the host an opportunity to take corrective action, and the city may include the full cost of providing these services in a supplemental services fee. As soon as possible after finding the violation, the emergency medical technician shall prepare written detailed documentation of the nature of the violation and the corrective action taken by the city. This written documentation shall be provided to the SEM within two business days after the conclusion of the outdoor event.

(B)

Should the emergency medical technician determine that the emergency services being provided at the outdoor event are not sufficient given the actual circumstances of the outdoor event, s/he shall notify the host or her/his designee of such determination. The emergency medical technician, using her/his sole judgment or the judgment of her/his superiors in the Atlanta Fire Rescue Department regarding the immediacy of the need to have additional emergency services, shall determine whether to allow the host to provide additional emergency services or whether to have the city provide additional emergency services. As soon as possible after the contact with the host or her/his designee, the emergency medical technician shall prepare written detailed documentation of the name of the outdoor event contact with whom s/he spoke, the time of the conversation, the emergency medical technician's findings regarding the need for additional emergency services, the corrective action required, and who will provide the corrective action. This written documentation shall be provided to the SEM within two business days after the conclusion of the outdoor event. Where the city provides the additional emergency services, the city may include the full cost of providing these services in a supplemental services fee.

(2)

The assigned fire marshal or fire inspector shall be responsible for inspecting and monitoring the outdoor event to determine its compliance with the Atlanta Fire Code and with the host's approved emergency services and fire safety plan.

(A)

Where the fire marshal or fire inspector finds a violation of the Atlanta Fire Code or the approved emergency services and fire safety plan, and where the violation is the first violation of the Fire Code and/or approved emergency services and fire safety plan, the fire marshal or fire inspector shall require the violation to be remedied immediately, shall notify the host or her/his designee of the violation, and shall prepare written documentation detailing the violation, the name of the violator, the location of the violation, the corrective action taken, the name of the outdoor event host or designee contacted, and the time of the contact. Said documentation shall be provided to the SEM within two working days of the conclusion of the outdoor event.

(B)

Where the fire marshal or fire inspector finds a violation of the Atlanta Fire Code or the approved emergency services and fire safety plan, and where the violation is not the first violation of the Fire Code and/or approved emergency services and fire safety plan, the fire marshal or fire inspector shall require the violation to be remedied immediately and shall also determine the number of additional Atlanta Fire Marshals and/or fire inspectors needed to patrol the compliance of the outdoor event with the Atlanta Fire Code and the approved emergency services and fire safety plan. The fire marshal or fire inspector shall communicate with the host or her/his designee about the violation and the need for additional support from the Atlanta Fire Rescue Department. As soon as possible after ordering the additional support, the fire marshal or inspector shall prepare written documentation regarding the violation(s) found, the facts supporting the need for additional support, and the conversation with the host or her/his designee. Said documentation shall be provided to the SEM within two working days of the conclusion of the outdoor event. The city may include the full cost of providing these additional fire marshal and/or fire inspector services in a supplemental services fee.

(C)

Should the violator or host not comply in a timely manner with the corrective action plan required by the fire marshal or fire inspector, a stop work or stop operating order shall be given to the violator and host or her/his designee. The stop work or stop operating order shall stay in effect until the violator or host comes into full compliance.

(g)

The emergency services and fire safety plan for outdoor events with 2,000 or greater anticipated attendees must show the following information:

(1)

The number of off-duty fire-rescue emergency medical technicians, and/or the number of private ambulance service personnel that the applicant plans to hire. The applicant has the option of not hiring any private ambulance service personnel, but rather hiring additional off-duty fire-rescue emergency medical technicians to fulfill the role of the ambulance company personnel.

(2)

The arrangements that the applicant has made for hiring fire-rescue emergency medical technicians, and/or private ambulance service personnel.

(3)

The emergency services and fire safety plan must include a specific plan for fire safety for the outdoor event. This fire safety plan must include a full site plan that indicates fire department access and exit locations, whether any cooking will be used, the location of each cooking area, the types and locations of all flammable materials that will be used and/or stored, including without limitation gas, and whether pyrotechnics, fire works, or other special effects will be used.

(A)

It is not necessary for the outdoor event to hire off-duty fire inspectors and off-duty fire marshals, except as indicated in section 142-21(f) above. However, where the applicant intends to hire such personnel, the emergency services and fire safety plan should indicate the number of off-duty fire inspectors and off-duty fire marshals that the applicant plans to hire, and the number of private fire inspectors that the applicant plans to hire.

(i)

The fire safety plan should indicate the arrangements the applicant has made for hiring the off-duty marshals, off-duty fire inspectors, and private fire inspectors.

(ii)

The fire safety plan must show how many of the off-duty fire safety personnel to be used for internal fire safety services are National Fire Protection Association certified Fire Inspector I and have jurisdictional authority in the area of the outdoor event. In addition, the plan should show how many of the fire safety personnel are National Board of Professional Qualifications (NPQ) certified and state certified as emergency medical technicians.

(h)

In determining the adequacy and appropriateness of any emergency services and fire safety plan, the Atlanta Fire Rescue Department shall be guided solely by considerations of the anticipated number of attendees at the event, the location of the event, whether the event has gates or other barriers to exiting the event, the season in which the event occurs, the presence of cooking, the presence of special hazards such as fireworks displays and other pyrotechnic and special effects, past experience with this particular outdoor event, or the outdoor event's applicant or host. The Atlanta Fire Rescue Department may consider the advice and counsel of public safety personnel and other persons with expertise in handling or promoting similar events. In evaluating the emergency services and fire safety plan, the Atlanta Fire Rescue Department shall not take into account any of the factors set forth in section 142-12(b) above.

(Ord. No. 2006-66, § 15, 9-26-06)