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HomeMy WebLinkAbout1995-04-24 95-189 ORDERCOUNCIL ACTION Item No. 95-189 Date April 24 1995 Item/Subject: Authorizing Fire Chief or the Chief's Designee to Execute a Confined Space Training Facility Permit Responsible Department: Legal Department [See attached memo] The Municipal Operations Committee reviewed this matter at its April 18th meeting. For purposes of audit review, the Committee recommended that all permits for which no permit fee is collected also be signed by the City Manager or the City Manager's designee. Department Head VU L Manager's Comments. / y. fru 00/AtN12'(/2 city Manager Associated Information: Order, MemO� Sqa� //,qj (/ (NjltlH Budget Approval: Finance Director Legal Approval: Q� city Vsolicitor Introduced For - X Passage First Reading Referral Page _ of 95-189 haigned to Candor Cohen April 26, 1995 u CITY OF BANGOR (TITLE.) (®rDer Authorizing Fire Chief or the Chief's y................-... -_._.. __.... _.__ Designee to execute a Confined Space Training Facility Permit By the 04 CaiwB oftAe CttyNBa"W. - ORDERED. THAT The Fire Chief or the Chief's designee is authorized to execute a Confined Space Training Facility Permit, in a form substantially similar to the form attached and incorporated herein by reference as Exhibit A, on behalf of the City with any entity desiring to utilize the Fire. Training Facility located at BIA for .Confined Space Rescue Training or Live Burn Exercises. The Chief or the Chief's designee is further authorized to accept equivalent or greater in-kind contributions (e.g. reciprocal training, equipment donation, etc.)3n lieu of requiring the payment of the permit fee. All permits for which no permit fee is collected must also be signed by the City Manager or the City Manager's designee. - - Due to the special contractual relationship between the City and the Maine Air National Guard for the provision by the Guard of crash/rescue Services at BIA, as well as regular joint training exercises, the Maine Air National Guard, on behalf of firefighters attached to Station 3 at BIA, is not required to pay a permit fee for use of the Fire Training Facility for the purposes specified herein. IN CITY COUNCIL 95-189 April 24, 1995 O R D E R Pee Title, Authorising Fire. Chief or the Chief's Designee to Execute a Confined Space draining - CIT CLERK Facility Permit. .....................................I //////''''''����''��Aeeigned to G6rn ...................................... Councilman MEMORANDOl1 -- 95-189 T0: Municipal Opecns pommittee FROM: Bruce N. Shibl R� t. City Solicitor RE: Confined Space Training Facility Permit DATE: April 14, 1995 OSHA and the Maine Denartment of Labor have promulgated regulations concerning the issue of "confined spaces.° These are spaces such as manholes, trenches, crawl spaces, tanks, etc, where personnel could be placed in severe danger from gases, collapse, combustion etc. without adequate safeguards and procedures for entering and working in these spaces. Iv compliance with these regulations, the City has been working on developing both anappropriateConfined Space Entry plan, as well as a confined Space Rescue (CSR) plan. This effort has been coordinated by Lt. John Prentiss, Lt. Mark Dunbar, Asst. Chief Frank Dinsmore, Asst. Chief Darrell Webb, and Claims Consultant Charlie Mitchell, with significant input from Public Works, wastewaterTreatment Plant, Police and Airport personnel. The effort has also included coordination with representatives of the Bangor water District, school Department, Webber Oil, and Maine ANG. As part of this effort, a CSR training facility has been constructed at the City's existing fire training facility at BIA. Regulations require annual rescue training on actual confined spaces or appropriately almulated locations. The CSR facility has been constructed to c ra large percentage of the types of confined spaces on City property the Fire Department would be responding to for a rescue. Additionally, the facility provides a a spot for other government and private entities to conduct training exercises, again because of the similarity of the confined space mock ups and other confined spaces located in the region. For this reason, a permit has been developed to allow the use of the CSR training facility by other entities. This has been drafted primarily i consultation with the Fire Department_ It is designed to cover both CSR and Live Burn a n exercises, if a entity wishes to conduct a combined training exerciser A copy of the Permit is attached for your review. - A Council Order, also attached, will be on the April 24th Council Agenda for passage. It will authorize the Fire Chief or the Chief's designee to execute the Permit, in substantially similar form, on behalf a, the City. It will also authorize the 95-189 chief to waive a cash permit payment in exchange for equivalent or greater in-kind contribution from a particular entity (e.g. reciprocal training, equipment donation, etc.), and the Order will exempt the McAWG from having to nay the fee because of the contractual relationship with the City to provide crash/rescue services at siA. Your approval is recommended. to Attachments pc: Chief John Feley Asst. Chief Frank Dinsmore Asst. Chief Darrell Webb Lt. John Prentiss Lt. Mark Dunbar Charlie Mitchell, Claims Consultant 95-189 CONFINED SPACE TRAINIWC FACILITY PERMIT TRIS PERMIT, executed in duplicate, 1s entered into this day of 199, by and between the CITY OP BMC -0R (City), a municipal corporation located in Bangor, County of Penobscot, State of Maine and (Permittee), of County o , Stat=_ of Maine. WITNESSETH: WHEREAS, the City is the owner of a certain airport commonly known as Bangor International Airport; and WBBBEAS, the City owns a certain Fire Training Facility (Facility), which contains a specific smock up for confined space. rescue (CSR) training, located on the Bangor International Airport property, said Facility being more particularly described on a plan attached hereto as Exhibit "A-; and WHEREAS, the Permittee desires to and has requested the City's permission to occupy and use.the Facility for the purpose of conducting CSR training exercises, NOW, THEREFORE, in consideration of Two Hundred Dollars ($200.00) paid by Permittee, said amount representing payment for the presence of Bangor's CSR I snecting/Safety Officer for up to eight (8) hours, as well as Permittee's express agreement, as evidenced by execution of this Permit, to pay for additional expenses - personnel, material, equipment or otherwise - as warranted-, and in further consideration of the mutual promises and obligations set forth herein, the parties hereto agree as follows: 1. The City hereby grants to the Permittee the right to 95-189 use and occupy the Facility between the hours o A.M. and P.M. on the day of 199_, for L._ sole purpose ofconducting CSR training exercises, unless the provisions of Paragraph 7 below are in effect. 2. The Permittee agrees to occupy and use the Facility fol the sole purpose of conducting a CSR training exercise, unless the provisions of Paragraph 7 below are in effect, and that all such training exercises shall, in every manner and way, comply with and conform with 29 CFR 1910.106, as it may be amended from time to time, as well as every other applicable law, ordinance, rule, regulation, and order adapted or promulgated by any duly constituted governmental entity, including but not limited to the Maine State Fire Marshall's office, the Maine Department of Environmental Protection and the United States Environmental Protection Agency, the Occupational Safety and Health - Administration and the Maine Hoard of occupational Safety and .Health. - 3. Permittee expressly agrees that no CSR training exercise shall commence until the provisions of Paragraph 6 below are complied with, and that such training exercise shall not commence or be conducted after its commencement unless Bangor's CSR Inspect; ng/Safety Officer is .resent. permittee further agrees to to pay the City, upon invoicing by the City, for all additional expenses incurred by the City during Permittee's use of the facility, including, but not limited to, additional personnel (based upon applicable City hourly rates per person), material, or equipment. -2- 95-189 -. The Permittee agrees to obtain liability insurance With coverage in an amount not less than Three Hundred 'Thousand Dollars ($300,000.00) and workers' compensation insurance or approved self- insurance with coverage for each and every person who will participate in or be present at the Facility during the time period specified in Paragraph 1 of this Permit, and including times prior to and after said time period so long as such persons are associated with or undertaking activities or purposes related to this Permit. All such insurances shall provide coverage for the activities and purposes specified in this Permit. The Permittee shall provide to the City proof of such insurance coverages, in a form acceptable to the City, prior to the commencement of the time period specified in Paragraph 1 of this Agreement. S. The Permittee agrees to save, indemnify, defend, and hold harmless the City of Bangor of and from any and all expense, cost', liability, claims, damages; and causes of action, of any kind whatsoever arising from the occupancy and use of the Facility by the Permittee. Permittee exoressly agrees that it will defend, indemnify and hold the City harmless from any and all claims made or asserted by Permittee's agents, servants, or employees arising out of Permittee's activities under this Permit. For this consist, Permittee by e=rQsslv wa,ves anv and all immunity it may have oder Mai workers Commensation Act in regard to such claims made or assertedby Permittee's agents, o The indemnification provided under this paragraph shall extend to and include any and all costs incurred by the City to answer, investigate, defend and settle all such claims, including but not -3- limited to the City's Costs for attorney's fees, expert witnesses 95-189 and other witness fees, the cost of -investigators, and payment in full of anv_ and all judgments rendered in favor of Permittee's agents, servants or employees. 6. Permittee agrees to complete an inspection report, on a form substantially similar to the one attached hereto as Exhibit immediately prior to and following its use of the City's Facility; and agrees to reimburse the City for any expense incurred by the City in repairing any damage caused to the City's Facility on account of Permittee's use thereof, normal wear and tear, including normal wear and Lear associated with the type of training exercise being conducted by Permittee, alone. excepted. 7.. SPECIAL PROVISION RELATING TO LIVE BURN E]KERCISE. Unless specially permitted by the City of Bangor Fire Department, as indicated by the initials below, the Permittee agrees that its training exercises conducted in the City's Facility shall not include the starting, kindling, use or setting of any fire, or the application of heat, flame, chemical reagents (other than carbon dioxide or non-reactive dry chemicals from. approved fire extinguishing devices) or other substances to any portion of the City's Facility. If permitted as a live burn exercise, the Permittee agrees that no fire shall be ignited or maintained except in the presence of a live burn inspector of the City of Bangor Fire Department, who shall: 1. Supervise the building of all fires; 2. Serve as sole ignitor of all fires; 95-189 3. Assist in conducting a preburn briefing session for Permittee's personnel prior to commencement of any live -burn exercise; and _ Remain on the Facility at all times during Permittee's exercise as a safety_ officer. S. Be a person separate and distinct from Bangor's CSR Inspecting/Sa*ety Officer. Permittee further agrees that its training and other personnel shall follow in every respect any instructions issued. by the City's live burn inspector regarding their conduct during the exercise. Permittee further agrees to pay to the City of Bangor the additional sum of 'Pro Hundred Dollars ($200.00) for the live burn exercise for the purpose of reimbursing the City for the presence of the live burn inspector for up to eight (8) hours. - Permittee agrees to pay this amount in advance of the live burn - exercise. Permittee further agrees to pay the City of Bangor, upon invoicing by the city, for all additional expenses incurred by the City during Permittee's live burn exercise. Said obligation is as stated in Paragraphs 3 and 6 above. Permittee agrees and hereby rearesents that its training personnel participating in any live burn exercise shall have received the minimum level of basic training specified by the National Fire Protection Association, Inc., (NFRA) in its 1966 "Standard on Live Fire Training Evaluations in Structures", paragraph 2-1 as subsequently amended; and that all such prior training and documentation thereof shall be the sole responsibility of the PermitSee. Permittee further agrees and represents that its instructors shall be sufficiently oualified by reason of past -5- 95-389 training and experience to conduct a safe live burn training exercise in accordance with the NFPA guidelines and any applicable _provisions of State and Federal law. Permittee expressly agrees that the City undertakes no obligation to the Permittee or its training or other personnel fo- their health, safety or welfare by reason of supplying an anspectcr as stated herein; but that such inspector is provided by the City solely in order to .protect its interest in maintaining the integrity of its Facility. Permittee agrees that the provisions of Paragraphs a ana 5 above shall be applicable to all claims arising out of the presence or activities of the City's inspector during the course of Permittee's live bum exercise. _ THIS U A LIVE BURN EXERCISE PERMIT (initials),_ ,.Permittee ICity _ THIS IS NN A LIVE BURN EXERCISE PERMIT (initials) Permittee City (official signing for City OF Bangor must initial above.) S. PROVISIONS RE IN I AL PERMITTEES. -a the event Permittee is a non -municipal fire brigade or other organization not subject to State fire fighting law, Permittee nonetheless agrees and represents that the training, clothing and equipment of its personnel taking part in Permittee's use of the City's Facility shall conform in all respects to the provisions of 26 MRSA 55 2101 et sea., "Minimum Safety Standards for Firefighters", as subsequently amended, and that Permittee's exercise shall be conducted in accordance with the applicable standards of the Maine State Fire Marshall, the State of Maine Hoard of Occupational Safety and Health, the National Fire Protection Association, the Occupational Safety and Health Administration, and all other regulatory bodies and agencies. 9. This Permit represents the complete understanding of the parties as to the conditions of Permittee's use of the City's Facility, and there are no other agreements or understandings, express or implied, unless executed in writing and attached hereto. Permitteerepresents that the person executing this Permit is authorized to execute this Permit on behalf of Permittee. CITY OF BANGOR By _ Title PERMITTEE (Printed Name.) Witness - City Manager or Manager's Designee Print Name: (To be signed only if no permit fee is to be collected) -7- 95-189 RENCH BOX --18 LF 30" DIA. PIPE f- 4' DIA. x6' DEEP MANHOLE 20 LF 20" DIA. PIPE 5'WX8'LX5'D VAULT ROAD PIG O ACOESS NOTE: ALL LOCATIONS PRE APPROXIMATE y='TyRE�E�S � 2D'x3O'BURN TRMNING BLDG. PARKING AREA I ¢ HYDRANT j - UTILITY POLE DATE CHAIN LINK FENCE COOED SPACE TRMNG FAMITY EXHIBIT ''A"MAN 95-189 Exhibit "B^ BANGOR FIRE DEPARTMENT CONFINED SPACE MOCK UP INSPECTION SHEET organization Using Facility (Permittee): Person Responsible for Croun Using Facility (Permittee's Bangor Fire Department Inspecting/Safety Officer: Pie -Inspection Time: Post -Inspection Time: The Inspecting/Safety officer shall conduct a walk through in the following areas and note problems or concerns before turning the facility over to the Permittee. The procedure shall be repeated upon completion of their use of the facility noting any changes. The Inspecting/Safety officer and the Permittee's Supervisor should initial at the bottom of the page. Areas/Items inspected or Reviewed comment/changes Confined'Space Mock Up: Parking (away from manholes to - avoid contamination by CO): Manhole Covera: Vaults. Connecting Pipe: Gas Monitor (4 gas): Mechanical Advantage: Review of 29 CFR 1910.146 0.. Rescue Operations: Requirements of Safety and Operational Guidelines: Known 'Hazards: Other Comments: Initials of Inspecting/ - Initials of Permittee's Safety Officer Supervisor Pre-Inspect./Post-IR$pact. Pie-Inspec./Past-Inspect. Permittee, in using the Confined space Mock Up, understands and agrees to abide by and follow all safety and operational guidelines designated in 29 CPR 1910.146. This includes providing, at a minimum, the following: 1) An Entry supervisor 2) A 4 Gas Monitor 3) Appropriate Protective Clothing 4) Mandatory Self Contained Breathing Apparatus 5) A Tripod and Winch (with fail protection) 6) Optional Use of Forced ventilation By signing this Inspection Sheet, Permittee agrees to use the Confined Space Mock Up in full compliance with Permittee's Permit obligations, and Permittee further agrees that it will be held responsible for any damage to the facility which occurs during Permittee's use of the facility. Signature of Inspecting/Safety Officer Date 95-189 Signature of Permittee's Supervisor Date Signature of Inspecting/Safety Officer Date 95-189