§ 2-401. Off-duty fire-rescue details.

(a)

When used in this section, the word "department" shall mean the City of Sunrise Fire-Rescue Department. When the word "firefighter" is used it shall also mean "fire inspector," "paramedic," or "emergency medical technician." Off-duty details may include standby fire watches ordered by the fire chief pursuant to Section 5211(h) of the South Florida Fire Code.

(b)

The department may facilitate the employment of city firefighters by separate and independent private employers needing off-duty fire-rescue services. Such employment may be by either permit, contract, or both, as may be approved by the city attorney's office, or by order of the fire chief in the case of a standby firewatch. No permit or contract shall in any way limit or restrict firefighters from discharging their primary responsibilities of preventing and detecting fires or other life threatening conditions. The department will maintain a roster of firefighters who, at their sole option, wish to perform such work. The department will select the firefighters for such off-duty details from the roster of those who wish to participate. Firefighters serving in executive/management positions may not participate in off-duty details, except that the fire chief or designee may assign executive/management personnel, except the chief and deputy fire chief, to supervise significant events in an off-duty detail capacity as he deems necessary.

(c)

The city commission shall establish rates for off-duty detail services and fees for the city's administrative expenses. The rates and administrative fees may be established by resolution. The department may require that the off-duty detail employer pay the charges for such services directly to the city and may establish procedures for the firefighters to receive their pay for off-duty details through the city's payroll system.

(d)

Firefighters shall observe the department's normal standards of conduct, rules and regulations and other policies and procedures during such details and shall be subject to disciplinary action by the city for their failure to do so.

(e)

In accordance with 29 C.F.R. Section 553.227 (federal regulations implementing the Fair Labor Standards Act), a firefighter's hours of work for the off-duty detail employer shall not be combined with the hours worked for the city for purposes of overtime compensation.

(f)

By enacting this section, the city has not agreed, and does not agree, to provide workers' compensation coverage for injuries sustained by off-duty firefighters performing services for private employers. Such coverage shall be determined in accordance with Section 440.091, Florida Statutes (1995), and appellate court decision interpreting this statute. See Mount Sinai Hospital v. City of Miami Beach , 523 So.2d 722 (Fla. D.C.A. 1988).

(g)

This section in any way effects or, in any way limits, other city regulations governing outside employment by city employees.

(h)

In consideration for the city allowing private employers to hire firefighters for off-duty details, the private employer shall indemnify and save harmless the city, its officers, agents and employees from or on account of any injuries or damages received or sustained by any person or persons during or on account of any negligent act of a firefighter while the firefighter is employed by the private employer regardless of whether the negligent act occurred while the firefighter was discharging his or her primary responsibilities of preventing and detecting fires or other life threatening conditions. This requirement may be waived by the city commission for off-duty details on public property provided the city is named as an additional insured on the liability insurance of the owner or manager of the public property and provided the insurance coverage limits are at least as great as those maintained by the city.

(Ord. No. 438, § 2, 11-26-96; Ord. No. 438-98-A, § 2, 9-22-98; Ord. No. 438-09-A, § 2, 9-21-09; Ord. No. 438-09-A, § 2, 9-21-09)