HomeMy WebLinkAboutOrdinance 2006-251
ORDINANCE NO. 2006- 25 I
AN EMERGENCY ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, MANDATING THAT OWNERS
AND OPERATORS OF HIGH RISE BUILDINGS WITH
A TOTAL HEIGHT OF 75-FEET OR HIGHER
LOCATED IN THE CITY OF SUNNY ISLES BEACH
HA VE ALTERNATE ENERGY SOURCES, INCLUDING
EMERGENCY GENERA TORS, WITH SUFFICIENT
ELECTRICAL CHARGE TO OPERATE AT LEAST
ONE (1) ELEVATOR UNIT WITHIN EACH BUILDING
DURING A DECLARED STATE OF EMERGENCY;
ESTABLISHING DEFINITIONS; PROVIDING FOR
APPLICABILITY; PROVIDING FOR PENALTIES AND
ENFORCEMENT PROCEDURES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER;
PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Approximately 85% of the residents of the City of Sunny Isles Beach
occupy high rise buildings; and
WHEREAS, recent hurricanes have caused power outages which rendered building
elevators to become inoperable and created serious ingress and egress crises for the public and its
ability to access the upper floors of High-Rise buildings; and
WHEREAS, in an effort to protect this community and prevent similar occurrences in
the future, the City Commission is requiring owners and operators of 75-foot or higher High-
Rise buildings to install and maintain an alternate source of power, including emergency
generators, sufficient to operate at least one (1) elevator unit per building for the needs of
residents, including those persons who cannot use stairwells or fire escapes due to temporary
illness or other physical condition; and
WHEREAS, these measures are essential to the safety and protection of the SUlmy Isles
Beach community when emergency conditions arise from damage caused by active hurricanes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part by this ordinance
upon adoption hereof.
Section 2. Purpose and Intent. The City Commission of the City of Sunny Isles Beach finds,
determines, and declares that owners and operators of High-Rise buildings with a total height of
02006-251 Emergercy Generator Reg For Hi-Rise Bldgs Page I of 4
Clerk's Note: Adopted as an Emergency Ordinance; First Reading Only.
75-feet or higher located within the City of Sunny Isles Beach shall have alternate energy source,
including generators, with sufficient electrical charge to operate at least one (1) elevator unit
within each building during a declared State of Emergency. The purpose for requiring such
energy source is to provide continuous service to the building's occupants in the event of an
interruption of commercially supplied electrical power or other civil disturbance. This
Ordinance shall be applicable tlu'oughout the City of Sunny Isles Beach.
Section 3. Definitions. The following words, terms and phrases, when used in this article,
shall have the following meanings:
(a) High-Rise Building - shall mean any completed, occupied condominium, apartment,
hotel and apartment-hotel as defined in the City's Land Development Regulations.
(b) Alternate Source of Energy - shall mean an alternate power source or generator
connection with generator power sufficient to operate at least one (1) elevator per
High-Rise building during a declared state of emergency.
Section 4. Applicability. This ordinance shall apply to any High-Rise building with a total
height of Seventy-Five (75) feet or higher, measured from the base of the building to its highest
peek.
Section 5.
Emergency Generators.
(a) Any person, firm, or corporation owning or operating a High-Rise building within the
city containing an elevator shall be required to provide the building with an automatic
secondary type 1 emergency alternate energy source on the premises, including a
generator, with sufficient electric charge to operate at least one (1) elevator unit
within each building during a declared State of Emergency. All such emergency
electric power source shall be connected on the line side of the main disconnect to at
least one (1) elevator on the premises, and in addition shall provide automatic
emergency lighting to the lobbies, hallways, and other portions of the building used
by the public in the event of any failure of normal lighting caused by disruption in the
regular supply of electricity.
(b) In addition, any person, firm, or corporation operating such a High-Rise building
containing an elevator shall be required to provide an adequate fuel supply to operate
such an emergency generator, and must maintain a logbook containing a listing of
quarterly inspections to ensure the electrical generator is in good and working
condition. In emergency situation, when one half of the stored fuel is exhausted, the
person, firm, or corporation operating the building shall be required to replenish the
fuel. The logbook, shall be open for periodic regular inspections by the City. For
emergency purposes, any person, firm, or corporation operating such a High-Rise
building shall have a generator key located in a lock box, posted at or near the
generator and made available to the City upon request.
02006-251 Emergercy Generator Reg For Hi-Rise Bldgs Page 2 of 4
Clerk's Note: Adopted as an Emergency Ordinance; First Reading Only.
(c) It is the intent of the City Commission that the prOVISIOns of this section shall
incorporate the requirements of the Florida Building Code as applied to new
construction, and shall require such standards be maintained by existing construction
within the City.
Section 6. Compliance. High-Rise buildings within the City, shall comply with this
emergency ordinance within ninety (90) days from adoption.
Section 7. Penalties. Failure to comply with this ordinance shall subject high rise building
owners and operators to the penalties prescribed in section 162.22 of the Florida Statutes, as well
as Code Enforcement pursuant to Chapter 14 of the City's Code of Ordinances, providing for a
maximum fine of $500 for each single violation and up to $500 per day for each continuing or
repetitive violation. The provisions discussed herein shall also be enforceable tlU'ough
injunctive relief as a means of protection of the public interest through the exercise of the City of
Sunny Isles Beach's police power, and through any other means available at law.
Section 8. Severability. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 9. Inclusion in the Code. It is the intention of the Commission, and it is hereby
ordained, that the provisions of this ordinance shall become and be made a part of the code of the
City of SUlmy Isles Beach, Florida; and that the sections of this ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "ordinance" shall be changed to
"section" or other appropriate word, as required.
Section 10. Repealer. All ordinances or pmi of ordinances in conflict herewith be and the
same are hereby repealed.
Section 11.
Effective Date. This Ordinance shall be effective upon adoption.
PASSED and ADOPTED on first reading the 1L.~day of VY'\~, 2006. "1
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ATTEST: ..' .:>_.
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Jane A. Hines, CMC, City Clei-k
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Emergercy Gcnerator Reg For Hi-Rise Bldgs
Page 3 of 4
Hans
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Moved by: y\ u_ fY\~(d B~~~,,,,
Seconded by: Cotww\\ S.S , 0 'I\J ~ lH ~ ~
Vote: 5-0
Mayor Edelcup
Vice Mayor Brezin
Commissioner Goodman
Commissioner Iglesias
Commissioner Thaler
~ (Yes)
~(Y es)
V(Y es)
V ( Yes)
V (Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
Emergercy Generator Reg For I-ii-Rise Bldgs
Page 4 of 4
OF SUl'l
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Deportment
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
Clay Parker, Building Official! Administrator
Robert Solera, Assistant Administrator of Building, Code & Licensing
Elena Del Campillo, Planning and Zoning Technician
Priscilla Walker, Deputy City Clerk r:p v'~u--
March 22, 2006
Ordinance Requiring Emergency Generators for High Rise Buildings
At its regular meeting of March 16, 2006, the City Commission adopted Ordinance No. 2006-
251, which requires high rise buildings within the City to have alternate energy sources for
operational purposes. Attached is a copy of the ordinance for your files.
Thank you.
:pw
Attachments
cc: A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jorge L. Vera, Assistant City Manager
Hi-Rise Bldgs Emergency Generator Req Ord Trans Memo
. "
City of Sunny Isles Beach
18070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 II 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman. Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler, Commissioner
Chief Fred Maas, Interim City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
TO: The Honorable City Commission
FROM: Mayor Norman S. Edelcup /\JI1r
DATE: March 16, 2006
RE: Ordinance mandating that High-Rise buildings, with a height of 75-feet or
higher, have alternate energy sources to operate at least one (1) elevator during a
declared state of emergency
RECOMMENDATION
This Ordinance is being presented for your consideration and approval.
REASONS
This is a companion ordinance to the previously adopted ordinance requlflng gas stations
operating within the City limits to have generators during a declared state of emergency.
This Ordinance has been created to require owners and operators of High-Rise buildings, with a
height of 75-feet or higher, to also have an alternate source of energy, including generators,
sufficient to operate at least one (1) elevator unit per High-Rise building to insure uninterrupted
services to the public during a declared state of emergency.
NE:PSJ:pr
City Commission
A.lternate Energy Sources for High~Rise buildings