2008-04
ORDINANCE NO. 2008 - 04
AN ORDINANCE AlVIENDING THE CODE OF THE CITY OF FAIRFAX.
VIRGINIA. BY ADDING A NEVV CHAPTER 33 PERTAINING TO ElVIERGENCY
lVIANAGElVIENT
BE IT ORDAINED. by the City Council of the City of Fairfax, Virginia, that the Code of the
City of Fairfax,. Virginia, is hereby amended to add a nc"VV Chapter 33 pertaining to emergency
management, 'V\Thich reads in its entirety as folloV\7s:
CHAPTER 33. ElVIERGENCY lVIANAGElVIENT
Ar1:icle I_ ]n General
Sec. 33-1. Short: t:it:le.
This article shall be lcrrOVVT1. and may be cited as the Emergency l"v1:anagement Code of the City
of Fairfax,. Virginia.
Sec. 33-2. Definitions.
For the purposes of this article,. the follovving vvords and phrases shall have the meanings
respectively ascribed to them by this section, unless the context requires a different meaning:
Emergency means any occurrence, or threat thereof, vv-hether natural or man-made"
vvhich results or may result in substa.ntial injury or harm to the population or substantial
damage to or loss of property or natural resources and may involve govemmental action
beyond that authorized or contemplated by existing lav..r becal.1.se govemmental inaction for the
period required to amend the la~ to meet the exigency ~ould V\lork immediate and irrevocable
harm upon the citizens or the environment of the common~ealth or sorn..e clearly del1llcd
portion or portions thereof.
Emergency services means the preparation ror and the carrying out of runctions" other
than functions for ~hich military forces are primarily responsible,. to prevent,. minimize and
repair injury and damage resulting from natural or man-made disasters, together v..rith all other
activities necessary or incidental to the preparation for and carrying out or the foregoing
runctions. These functions include,. ~ithout limitation, fire-fighting services,. police services"
medical and health services,. rescue, engineering, ~aming services, communications,
radiological, chemical and other special ~eapons defense, evacuation of persons from stricken
areas, emergency ~elrare services, emergency transportation, emergency resource
management, existing or properly assigned runctions orplant protection, temporary
restoratioT1 of public utility services, and other functions related to civilian protection. These
functions also include the administration of approved state and federal disaster recovery and
assistance programs.
Local en-zergency means the condition declared by city council V\lhen in its judgment
the threat or actual occurrence or an emergency or disaster is or threatens to be of sufficient
severity and magnitude to ~arrant coordinated local government action to prevent or alleviate
the damage, loss,. hardship or suffering threatened or caused thereby; provided" hovvever,. that
a local emergency arising ~holly or substantially out of a resource shortage may be declared
only by the G-over1"1or, upon petition of the city council ~hen he/she deen"1s the threat or actual
occurrence or such an emergency or disaster to be or surficient severity and magnitude to
V\.Tarrant coordinated local govemment action to prevent or alleviate the damage" loss,
hardship,. or suffering threateI1ed or caused thereby; provided,. ho~ever" that th_is should r1.ot be
construed as prohibiting a local govemment body from the prudent management or its vvater
supply to prevent or manage a ~ater shortage.
A4aJor disas-rer means any natural catastrophe, including any: hurricane" tomado"
storm, high vvater,. vvind-driven ~ater, tidal vvave, tsunami, earthquake,. volcanic eruption,.
landslide, mudslide, sno~storm or drought or regardless of cause,. any fire, flood,. or
explosion, in any part of the United States, which, in the determination of the President of the
United States is, or thereafter determined to be, of sufficient severity and magnitude to
warrant major disaster assistance under the Stafford Act (P.L. 43-288, as amended) to
supplement the efforts and available resources of states, local governments, and disaster relief
organizations in alleviating the damage, loss, hardship, or suffering caused thereby and is so
declared by him.
Man-made disaster means any condition following an attack by any enemy or foreign
nation upon the United States resulting in substantial damage of property or injury to persons
in the United States and may be by use of bombs, missiles, shell fire, nuclear, radiological,
chemical or biological means or other weapons or by overt paramilitary actions; terrorism,
foreign and domestic; also any industrial, nuclear or transportation accident, explosion,
conflagration, power failure, resources shortage or other condition such as sabotage, oil spills
and other injurious environmental contaminations that threaten or cause damage to property,
human suffering, hardship or loss of life.
Natural disaster means any hurricane, tornado, storm, flood, high water, wind-driven
water, tidal wave, earthquake, drought, fire or other natural catastrophe resulting in damage,
hardship, suffering or possible loss of life.
Resource shortage means the absence, unavailability or reduced supply of any raw or
processed natural resource, or any commodities, goods or services of any kind that bear a
substantial relationship to the health, safety, welfare and economic well-being of the citizens
of the commonwealth.
State of emergency means the condition declared by the Governor when in his/her
judgment, the threat or actual occurrence of an emergency or a disaster in any part of the
commonwealth is of sufficient severity and magnitude to warrant disaster assistance by the
commonwealth to supplement the efforts and available resources of the several localities, and
relief organizations in preventing or alleviating the damage, loss, hardship, or suffering
threatened or caused thereby and is so declared by himlher.
State law reference: Similar provisions, Code of Virginia, S 44-146.16
Sec. 33-3. Establishment of office.
There is hereby established the Office of Emergency Management for the city to perform
local emergency service functions.
State law reference: Similar provisions, Code of Virginia, S 44-146.19
Sec. 33-4. Director of emergency management; coordinator of emergency management.
(a) The city manager shall be the Director ofthe Office of Emergency
Management. The assistant city manager shall be the Deputy Director of the Office of
Emergency Management. The duties and responsibilities of the Director are as follows:
(1) The Director shall organize emergency management and direct
emergency operations through the regularly constituted government structure, and shall use
equipment, supplies and facilities of existing departments, offices and agencies of the city to
the maximum extent practical. The officers and personnel of all city departments, offices and
agencies are directed to cooperate with and extend any services and facilities to the Director
upon request.
(2) The Director shall prepare or cause to be prepared and kept current a
city comprehensive emergency management plan.
(3) The Director may, in collaboration with (i) other public and private
agencies within the commonwealth or (ii) other states or localities within other states, develop
or cause to be developed mutual aid agreements or reciprocal assistance in the case of an
emergency or disaster too great to be dealt with unassisted.
(b) The Director of Emergency Management shall have authority to appoint a
Coordinator of Emergency Management with the consent of the city council. The Coordinator
shall be responsible to the Director and shall carry out such tasks as designated by the
Director. The Coordinator shall:
(1) Comply with all requirements issued by the Federal Emergency
Management Agency and the Commonwealth of Virginia Department of Emergency
Management in order to procure the maximum amount of federal and state assistance and
grant monies for the city.
(2) Assure that the city's Comprehensive Emergency Management Plan
(CEMP) is kept current. The plan shall include, but not be limited to, responsibilities of all
local agencies and shall establish a chain of command.
(3) Act as liaison with all local emergency response agencies and ensure
their cooperation in drafting their portions of the plan. All agencies over which the city has
authority shall provide such cooperation in planning.
(4) Develop a schedule of training to ensure that all persons with specific
responsibilities under the CEMP understand their duties and are capable of performing their
duties. All persons with specific responsibilities under the CEMP shall comply with the
training schedule to understand their duties and be capable of performing their duties.
(5) Prepare, coordinate and participate in exercises of the CEMP as
mandated by Virginia Department of Emergency Management and the Federal Emergency
Management Agency.
(6) Conduct debriefings at the conclusion of plan exercises and revise the
plan to reflect lessons learned..
(7) Assist the Director in negotiating and entering into Mutual Aid
Agreements.
(8) Coordinate resources for the Director and perform all other duties
assigned by the Director in the response to an emergency or disaster.
(9) Cooperate and coordinate with state and federal authorities in the
aftermath of an emergency or disaster to ensure the maximum available support for recovery
and assistance for persons and businesses.
(10) Develop a mitigation plan for the city in cooperation with all city
agencies. All agencies over which the city has authority shall provide cooperation in
mitigation planning.
(11) Work with the city council to ensure that requirements for
infrastructure replacement are consistent with current best practices to ensure the maximum
assistance from the federal government in the event that public facilities must be
reconstructed or replaced in the aftermath of a disaster or emergency.
(12) Provide an annually updated emergency management assessment to the
State Coordinator of Emergency Management on or before July 1 of each year.
(c) The Director and/or Coordinator of Emergency Management may designate a
Deputy Coordinator(s) who shall be responsible to them, and shall carry out such tasks as
designated by the Director and/or Coordinator.
State law reference: Code of Virginia, S 44-146.19
Sees. 33-5--33-10. Reserved.
Article II. Emergency Declarations.
Sec. 33-11. Declaration of local emergency.
(a) The Director of Emergency Management is authorized to declare a local
emergency with the consent of the city council. In the event the city council cannot convene
due to the disaster or other exigent circumstances, the Director, or in his absence, the Deputy
Director, or in the absence of both the Director and the Deputy Director, any member of the
city council, may declare the existence of a local emergency, subject to confirmation by the
city council at its next regularly scheduled meeting or at a special meeting within fourteen
days of the declaration, whichever occurs first. The city council, when in its judgment all
emergency actions have been taken, shall take appropriate action to end the declared
emergency.
(b) A declaration of local emergency shall activate the city's emergency
management plan and authorize the furnishing of aid and assistance thereunder.
(c) Whenever a local emergency has been declared, the Director of Emergency
Management or, in his absence, the Deputy Director, or in the absence of both the Director
and Deputy Director, any member of the city council, is authorized by the city council to
control, restrict, allocate or regulate the use, sale, production and distribution of food, fuel,
clothing and other commodities, materials, goods, services and resource systems which do not
impact systems affecting adjoining or other political subdivisions, enter into contracts and
incur obligations on behalf of the city necessary to combat such threatened or actual disaster,
protect the health and safety of persons and property, and provide emergency assistance to the
victims of such disaster, and proceed without regard to time-consuming procedures and
formalities prescribed by law (except mandatory constitutional requirements) pertaining to the
performance of public work, entering into contracts, incurring of obligations, employment of
temporary workers, rental of equipment, purchase of supplies and materials, and other
expenditures of public funds, provided such funds in excess of appropriations in the current
approved budget, unobligated, are available.
(d) Whenever a local emergency has been declared, the Director, Coordinator or
Deputy Coordinator shall notify the Virginia Department of Emergency Management when
all local resources have been committed and assistance is needed from the commonwealth.
State law reference: Code of Virginia, S 44-146.21
Sec. 33-12. State of emergency.
Whenever the Governor has declared a state of emergency, the city, if so affected,
may, under the supervision and control of the Governor or his designated representative, enter
into contracts and incur obligations necessary to combat such threatened or actual disaster
beyond the capabilities of the city, protect the health and safety of persons and property and
provide emergency assistance to the victims of such disaster. In exercising the powers vested
under this section, under the supervision and control of the Governor, the city may proceed
without regard to time-consuming procedures and formalities prescribed by law pertaining to
public work, entering into contracts, incurring of obligations, employment oftemporary
workers, rental of equipment, purchase of supplies and materials, levying of taxes, and
appropriation and expenditure of public funds.
State law reference: Code of Virginia, S 44-146.21
Sees. 33-13--33-20. Reserved.
ARTICLE III. Liability; Severability.
Sec. 33-21. City liability.
(a) Neither the city, nor the agents or representatives of the city, nor any individual,
receiver, firm, partnership, corporation, association, or trustee, nor any of the agents thereof,
engaged in any emergency services activities, in good faith carrying out, complying with or
attempting to comply with this chapter or any other rule or regulation promulgated pursuant to
the provisions of this chapter, shall be liable for the death of, or any injury to, persons or any
damage sustained to persons or property as a result of such activities. The provisions of this
section shall not affect the right of any person to receive benefits to which he would otherwise
be entitled under the Commonwealth of Virginia Emergency Services and Disaster Law (Va.
Code Ann. S 44-146.13 et seq.), the Workers' Compensation Act (Va. Code Ann. S 65.2-100
et seq.), or under any pension law, nor the right of any such person to receive any benefits or
compensation under any act of Congress.
(b) Any person owning or controlling real estate or other premises who voluntarily
and without compensation grants the city a license or privilege, or otherwise permits the
designation or use of the whole or any parts of such real estate or premises for the purpose of
sheltering persons, of emergency access or of other uses relating to emergency services during
an actual or impending disaster shall not be civilly liable for the death of, or injury to, any
persons on or about such real estate or premises under such license, privilege or other
permission, or for loss of or damage to the property of such person.
(c) If any person holds a license, certificate or other permit issued by any state or
political subdivision thereof, evidencing the meeting of qualifications for professional,
mechanical or other skills, the person may gratuitously render aid involving that skill in the
city during a disaster; and such person shall not be liable for negligently causing the death of,
or injury to, any person or for the loss of or damage to the property of any person resulting
from such gratuitous service.
State law reference: Similar provisions, Code of Virginia, S 44-146.23
Sec. 33-22. Severability.
The provisions of this chapter are declared to be severable, and if any section,
sentence, clause or phrase of this chapter shall for any reason be held to be invalid or
unconstitutional or if the application ofthis chapter to any person or circumstance is held to
be invalid or unconstitutional, such holding shall not affect the validity of the remaining
sections, sentences, clauses and/or phrases of this ordinance.
This ordinance shall become effective as provided by law.
INTRODUCED: February 12, 2008
PUBLIC HEARING: March 11, 2008
ENACTED: March 11, 2008
Q~~~~
31r11o~
/ .Bate
ATTEST:
~u*~
City Clerk
VOTE:
Councilwoman Cross Aye
Councilman Greenfield Aye
Councilwoman Lyon Aye
Councilman Rasmussen Aye
Councilman Silverthorne Aye
Councilwoman Winter Aye