HomeMy WebLinkAboutOrdinance 10-034-CCBOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
AN ORDINANCE AMENDING
CHAPTER 2.32 OF THE GRANT
COUNTY CODE, UPDATING
TERMS RELATING TO
EMERGENCY MANAGEMENT
SERVICES, AND OTHER
MATTERS PROPERLY RELATING
THERETO.
RECITALS:
ORDINANCE NO. 10- 0 S T -CC
ORIGINAL
WHEREAS, the potential exists for occurrences of natural disasters, civil disorder, terrorist
acts and/or hostilities which may directly impact Grant County; and
WHEREAS, the "Civil Defense" procedures established by Grant County Resolution
113674 (1968), Resolution 111118 (1962), and Resolution 108528 (1956), and set forth in Chapter
2.32. of the Grant County Code no longer effectively address emergency management requirements;
and
WHEREAS, Grant County has created an Emergency Management Program to develop and
implement an Emergency Management Plan for facilitating effective response to the such
occurrences; and
WHEREAS, it is the desire of Grant County to amend the Grant County Code for the
purpose of observing statutory provisions set forth in RC W 38.52, et seq.; and
WHEREAS, Grant County, by and through its Board of County Commissioners, deems it to
be in the best interests of public safety, health and welfare for its citizens to enact provisions set forth
in this ordinance.
NOW THEREFORE, BE IT HEREBY ORDAINED, THAT THE GRANT COUNTY
COMMISSIONERS adopt this Ordinance, amending Chapter 2.32 Grant County Code, as follows:
Section 1. Chapter 2.32 of the Grant County Code, as adopted pursuant to Grant County
Ordinance/Resolution No. 108528, passed on May 7, 1956 establishing a County Resolution relating
to Civil Defense is hereby repealed in its entirety, effective this 5h day of May, 2010.
Section 2. A new Chapter, 2.32 of the Grant County Code, "Emergency Management' is hereby
adopted by this Ordinance as shown on Exhibit "A", attached hereto and incorporated herein by
reference.
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Section 3. This Ordinance/Resolution, amending the existing text for chapter 2.32 GCC, shall be
effective when signed.
A PUBLIC HEARING WAS HELD ON THE ABOVE
RESOLUTION/ORDINANCE AT 10:00 O'CLOCK A.M., ON THE 5"{ DAY OF
MAY, 2010.
Enacted this 5'" day of May, 2010.
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
1
m MLt a1r
aro ann wartz, em er
Richard Stevens, Member
04/19/2010; 042010
form:
Pence
Deputy Pro's'&uting Attorney
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Chapter 2.32
EMERGENCY MANAGEMENT
Sections:
2.32.005
2.32.010
2.32.020
2.32.030
2.32.040
2.32.050
2.32.060
2.32.070
2.32.080
2.32.090
2.32.100
2.32.110
2.32.005
2.32.010
EXHIBIT "A"
Purpose
Definitions
Emergency Management Organization
Emergency Management- Duties
Local Emergency Management Financial
Declaration of Emergencies
Emergency Regulations
Participation in Labor Dispute or Politics
No Private Liability
Phases of Emergency Operations
Shelters
Severability
Purpose
The declared purposes of this chapter are to provide for the preparation and
execution of disaster management; organize and direct emergency management
and homeland security issues for the citizens of Grant County and throughout
municipalities as included within the county -wide Emergency Management
Program; to prevent, minimize and repair injury and damage resulting from
disaster caused by fire, flood, winter storms and other natural hazards, or from
sabotage, hostile actions, or from hazards material incidents; and, in the public
interest, protect the public health, safety, welfare, property, and environment of
Grant County.
Definitions
"Emergency Management" or "Comprehensive Emergency Management' means
preparation for and execution of all emergency functions other than functions for
which the military forces are primarily responsible, to mitigate, prepare for,
respond to, and recover from emergencies and disasters, to aid victims suffering
from injury or damage resulting from disasters caused by all hazards, whether
natural or human caused, and to provide support for search and rescue operations
for persons and property in distress.
"Emergency Management Organization" means the staff element responsible for
the coordination of Grant County planning and preparation for disaster response.
This organization provides liaison and coordination with federal, state, and local
jurisdictions relative to disaster preparedness activities and assures
implementation of federal and state program requirements.
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"Local Organization for Emergency Management" means an organization created
in accordance with the provisions of this chapter by state or local authority to
perform local emergency management functions.
"Political Subdivision" means any county, city or town situated within the state of
Washington.
"Emergency Worker" means any person who is registered with a local emergency
management organization or the department and holds an identification card
issued by a local emergency management director or the department for the
purpose of engaging in authorized emergency response, management and
recovery activities or is an employee of the state of Washington or any political
subdivision thereof who is called upon to perform emergency management
activities. Use of emergency workers is governed by chapter 118-04 WAC. An
architect registered under chapter 18.08 RCW or a professional engineer
registered under chapter 18.43 RCW, are considered emergency workers.
Registration is a prerequisite for eligibility for emergency workers for benefits
and legal protection under chapter 38.52 RCW. Registration includes
classification of approved emergency workers under categories established in
chapter 118-04/118-80 WAC, chapter 38.52 RCW.
"Executive Head and/or Executive Heads" means the county executive in those
counties with an elective office of county executive, however designated, and in
the case of other counties, the county legislative authority known as the Board of
County Commissioners. In the case of cities and towns, it means the mayor the
city manager/administrator in those cities and towns with council management
form of government. Cities and towns may also designate an executive head for
the purpose of this chapter by ordinance.
"Disaster" includes in its meaning, but is not limited to, extraordinary fire, flood,
storm, epidemic, riot, earthquake, enemy attack, sabotage, other emergencies, or
similar public calamity, and any event expected or unexpected, in which a
community's available, pertinent resources are expended, or the need for
resources exceeds availability, and in which a community undergoes severe
danger, incurring losses so that the social or economic structure of the community
is disrupted and the fulfillment of some or all of the community's essential
functions are prevented.
"Emergency" means an event or set of circumstances which (i) demand
immediate action to preserve public health, protect life, protect public property or
to provide relief to any stricken community overtaken by such occurrences or (ii)
reaches such a dimension or degree of destructiveness as to warrant the declaring
an emergency as set forth in chapter 3 8.5 2 RCW.
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2.32.020 Emergency Management Organization
Emergency Management evolved from the Civil Defense program established by
prior County ordinance. Grant County Department of Emergency Management
continues to serve the rural areas of Grant County as well as the 14 incorporated
cities and towns within Grant County. The mission of emergency management is
to provide for the effective direction, control and coordination of county
government, emergency response agencies, and to provide liaison with other
governments and the private sector, in compliance with an approved emergency
management plan. As directed by chapter 38.52 RCW, Grant County accepts the
lead responsibility to provide an Emergency Management Program. Incorporated
cities and towns are considered partners in the County program and may formally
adopt the Comprehensive Emergency Management Plan ("CEMP"). Adoption of
the plan establishes compliance with chapter 38.52 RCW for the cities and towns,
and strengthens their local commitment to better preparedness. Political
subdivisions are assessed annually for their share of the Emergency Management
Program costs based upon their populations.
Emergency Management is organized under the National Response Framework
and the Incident Command System (ICS). The Board of County Commissioners
of Grant County shall appoint a director for Emergency Management who has
specific authorities and duties as the department head. The Director gathers
significant information on emergency situations, and provides the Chief Elected
Officials with recommendations to proclaim a Declaration of Emergency. The
Director hires supporting personnel to conduct planning and coordination of
Emergency Management activities. The Director and staff are prepared to follow
the chain of command of county government and to report to and activate the
Emergency Operations Center (EOC) for the coordination of resources for
response and emergency planning for protection of the public when necessary.
2.32.030 Emergency Management - Duties
a) Prepare a comprehensive plan and program for the emergency
management of the county pursuant to state law, and to submit the plan
and program including but not limited to elements addressing mitigation
activities, preparedness, responses to disasters and emergencies, and
recovery operations to the state director of emergency management for the
director's recommendations thereof and certification for consistency with
the state comprehensive emergency management plan in order to ensure
that local emergency operations are coordinated with the state plan and
program.
b) The director of emergency management, in collaboration with other public
and private agencies within the county, develop or cause to be developed
mutual aid agreements for reciprocal emergency management aid and
assistance in case of disaster too great to be dealt with unassisted. Such
arrangements must be consistent with the county comprehensive
emergency management plan and program, and in times of emergency it is
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the duty of each local organization to render assistance in accordance with
the provisions of such mutual aid agreements.
c) The director shall make studies and surveys of the manpower, industries,
resources and facilities of the County as deemed necessary to determine
their adequacy for emergency management and to plan for their most
efficient use in time of an emergency or disaster. The director of
Emergency Management shall establish workforce and planning groups
required in accordance with state and federal plans and directions subject
to approval of the board.
d) The director shall prepare a comprehensive emergency management plan
for the emergency preparedness of the County to include the incorporated
municipal and unincorporated areas and shall present such plan to the
board for its approval. When the board has approved the plan by
resolution, it shall be the duty of all Grant County agencies, departments
and emergency preparedness forces of the County to perform the duties
and functions assigned by the plan as approved. The plan may be modified
in like manner from time to time.
e) To develop and maintain a county hazard identification and vulnerability
assessment.
fl To coordinate the response to and recovery from activities during and
following a disaster.
g) To develop and maintain an active public education program, both through
direct public presentations and contact with the local news media.
h) To develop an exercise and training program and test the capability of the
county to implement the emergency management plans by exercise or
drills.
i) To develop, coordinate and maintain a county hazard warning and
notification system.
j) Act as the hazardous material incident coordinating agency for Grant
County as referenced in federal Title III, the Emergency Planning and
Community Right -to -Know Act of 1986, as amended.
2.32.040 Local Emergency Management Financial
A county or municipality shall be eligible to receive [federal disaster] funds if the
local emergency management organization has met all state and federal
requirements to receive such funds. Qualifications include: legal establishment of
an emergency management organization by local ordinance or resolution; an
appointed local director; an approved emergency and disaster plan with all
applicable annexes [Emergency Support Functions]; and an approved fiscal year
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2.32.050
2.32.060
2.32.070
2.32.080
program and other necessary compliance documents.
Declaration of Emergencies
A local emergency may be declared by the Executive Head of the municipality or
their legal successor after a determination is made that an emergency has occurred
or is imminent. A declaration of emergency may be verbal (with such declaration
to be subsequently set forth in writing), or in writing and shall specify the
geographical area covered by the declaration. Such area, event description and
event duration shall be no larger than necessary to effectively respond to the
emergency.
Emergency Regulations
a) Whenever necessary to meet a declared emergency or to prepare for such
an emergency the Board may by resolution promulgate regulations,
consistent with applicable federal or state law or regulation, respecting:
the conduct of persons and the use of property during emergencies; the
repair, maintenance, and safeguarding of essential public services,
emergency health, fire, and safety regulation, drills, or practice periods
required for preliminary training, and all other matters which are required
to protect public safety, health, and welfare in declared emergencies.
b) Every resolution of emergency regulations shall be in writing: shall be
dated; shall refer to the particular emergency to which it pertains. The
Board may rescind such regulation by resolution at any time. If not
rescinded sooner, every such regulation shall expire at the end of 30 days
after its effective date or at the end of the emergency to which it relates,
whichever come first. Any resolution, rule or regulation inconsistent with
period of time and to the extent such conflict exists.
C) When implementing instructions (such as standard operating procedures
(SOPS) or other operating plans) are written or updated by departments,
cities, towns, or other entities covered by the Grant County Emergency
Operations Plan, a copy of these plans are to given to the Emergency
Management Director who will place a copy in the Grant County
Emergency Operations Center to enhance coordination.
Participation in Labor Dispute or Politics
The emergency management organization shall not participate in any form of
political activity, nor shall it be employed directly or indirectly for political
purposes, nor shall it be employed in a labor dispute.
No private liability
a) There shall be no liability on the part of anyone including any person,
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partnership, corporation, the county of Grant or any political subdivision
thereof who owns or maintains any building or premises which have been
designated by a local organization for emergency management as a shelter
from destructive operations or attacks by enemies of the United States for
any injuries sustained by any person while in or upon said building or
premises, as a result of the condition of said building or premises or as a
result of any act or omission, or in any way arising from the designation of
such premises as a shelter, when such person has entered or gone upon or
into said building or premises for the purpose of seeking refuge therein
during destructive operations or attacks by enemies of the United States or
during tests ordered by lawful authority, except for an act of willful
negligence by such owner or occupant or his servants, agents, or
employees. Any requirement for a license to practice any professional,
mechanical or other skill shall not apply to any authorized emergency
worker who shall, in the course of performing his duties as such, practice
such professional, mechanical or other skill during an emergency
described in this chapter.
b) The provisions of this section shall not affect the right of any person to
receive benefits to which he would otherwise be entitled under this
chapter, or under the workers' compensation law, or under any pension or
retirement law, nor the right of any such person to receive any benefits or
compensation under any act of congress.
2.32.090 Phases of emergency operations
The department shall operate in a professional manner and conduct normal
business and practices as the current situation allows. The following are specific
phases of operations to which the department will conduct emergency operations.
Phase I- Routine Operations
Incidents are handled by the Emergency Management Staff in cooperation with
other local or state agencies. Other staff may be involved as advisors if needed for
specific expertise.
Phase II - Enhanced Operations (Alert Stage)
An incident is or could potentially grow beyond the capability of the staff to
handle. In this instance the Emergency Manager, along with select staff, are
tasked to support the incident from the county EOC.
During this, the Emergency Manager will continue to monitor and process other
requests for assistance, separate from the incident that has caused activation of the
EOC.
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Phase III - Full Operation
An incident's size and complexity requires representation in the EOC by all
appropriate county, cities, towns, outside agencies, and organizations to support
expanded operations. The number of staff and the agencies represented will vary
by incident. In this phase, the level of activity dictates that normal Emergency
Management staff functions cease and all personnel respond in support of the
incident, performing functions in accordance with position checklists and
previous EOC training. As the event becomes more defined, staffing levels may
be adjusted.
Phase IV — Catastrophic Operations
A major catastrophic event has occurred that exceeds the capability of local
government to provide timely and effective response to meet the needs of the
situation. For example, the occurrence of a large or catastrophic earthquake in a
high-risk, high -population area. An event of this magnitude would cause
numerous casualties, property loss, and disruption of normal life support systems
and significantly impact the regional economic, physical, and social
infrastructures. As a general rule, transition to this phase occurs when the EOC is
conducting response operations.
2.32.100 Shelters
No individual, firm, association, corporation, or other party, owning, maintaining
or controlling any building or premises who voluntarily and without
compensation grants to the county a license or privilege or otherwise permits the
county to inspect, designate and use the whole or any part or parts of such
building or premises for the purpose of sheltering people during an actual,
impeding emergency or disaster, or their successors in interest, or the agents or
employees of any of them, shall be subject to liability for injuries sustained by
any person while in or upon said building or premises as a result of the condition
of said building or premises or as a result of any act or omission in connection
with the upkeep or maintenance thereof, (except a willful act of misconduct)
when such person has entered or gone into or upon said building or premises for
the purpose of seeking refuge therein during emergency or disaster events.
2.32.110 Severability
If any provision of this Chapter or its application to any person or circumstance is
held invalid, the remainder of the Chapter or the application of the provision to
other persons or circumstances shall not be affected.
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