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