HomeMy WebLinkAboutOrdinance 2006-274
ORDINANCE NO. 2006-:KL4
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, CREATING A NEW CHAPTER
ENTITLED "FIRE PREVENTION AND PROTECTION
REGULATIONS"; PROVIDING FOR PURPOSE AND INTENT;
PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY;
ADOPTING LOCAL AMENDMENTS TO THE FLORIDA FIRE
PREVENTION CODE AND THE SOUTH FLORIDA FIRE PREVENTION
CODE; PROVIDING FOR PENALTIES; PROVIDING FOR APPEAL;
DIRECTING TRANSMITTAL TO THE FLORIDA BUILDING
COMMISSION, STATE FIRE MARSHAL, AND MIAMI-DADE COUNTY
FIRE MARSHAL; PROVIDING FOR SEVERABILITY; PROVIDING
FOR A REPEALER; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach provides fire protection and prevention
services to its residents by utilizing the services of Miami-Dade Fire Rescue Department in
accordance with Section 7.8 of the City Charter.; and
WHEREAS, the City of Sunny Isles Beach, pursuant to Section 633.025, Florida Statutes
and Chapter 14 of the Code of Miami-Dade County, desires to adopt local amendments to the
Florida Fire Prevention Code and the South Florida Fire Prevention Code to strengthen the
provisions of the minimum fire safety code; and
WHEREAS, the City of Sunny Isles Beach desires to adopt certain more stringent fire
safety standards in order to meet special situations arising from historic, geographic, or unusual
conditions, where such alternative requirements result in a level of protection to life, safety, or
property, equal to or greater than the applicable minimum fire safety standards; and
WHEREAS, the City Commission finds that based upon a review of local conditions
that the following more stringent conditions are justified and desirable in order to promote the
public health, safety, and welfare.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorooration of Recitals. The foregoing "WHEREAS" clauses are hereby
ratified and confirmed as being true and correct and are made a specific part of this ordinance by
reference as if fully set forth herein.
Section 2. Purpose and Intent. The City Commission of the City of Sunny Isles Beach finds,
determines and declares that it is in the best interests of the health, safety and welfare of the City
and its residents and visitors that it enact the following rules and regulations by promoting the
control of fire hazards; prescribing requirements to establish a reasonable level of fire safety;
regulating the use of structures, premises, and open areas; providing for the abatement of fire
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hazards; establishing the responsibilities and procedures for code enforcement; and setting forth
the standards for compliance and achievement ofthese objectives.
Section 3. Definitions. The following words, terms and phrases, when used in this article,
shall have the following meanings.
(a) Authority Having Jurisdiction (A.H.J.): The City Manager of the City of Sunny
Isles Beach or hislher designee or the Fire Chief of Miami-Dade Fire Rescue Department or the
Fire Marshal of Miami-Dade Fire Rescue Department.
(b) Building Code: The Florida Building Code as identified in Chapter 553.73, Florida
Statutes.
(c) Building Official: The Building Official of the City of Sunny Isles Beach.
(d) City Manager: The City Manager of the City of Sunny Isles Beach.
(e) Fire Marshal: The Fire Marshal of Miami-Dade Fire Rescue Department.
(t) Fire Chief: The Fire Chief of Miami-Dade Fire Rescue Department.
(g) Fire Department: The Miami-Dade Fire Rescue Department.
(h) Emergency Services: Fire Rescue and police emergency services.
(i) Owner: A natural person, corporation, partnership, association or any other similar
entity who has care, custody, or control.
G) Security Gate: A device located on public or private property which controls or
restricts access by motor vehicles or persons or both. The term includes, but is not limited to,
metal or wooden swing railings, metal or wooden rolling or sliding railings and drop arm type
railings extending across public or private streets or fire access lanes whether manually operated
or motorized.
Section 4. Recoenition of Florida Fire Prevention Code. This Code recognizes the Florida
Fire Prevention Code as adopted by the State of Florida pursuant to g 633.0215, Florida Statutes.
The same are hereby adopted and incorporated, as fully as if set out at length, herein. Not less
than one copy of the adopted issue of NFPA 1, Fire Prevention Code of the National Fire
Protection Association, and the adopted standards and codes ofthe National Fire Codes shall be
filed in the office of Miami-Dade County Fire Rescue Department and the provisions thereof
shall be controlling within the limits of the City. Whenever the Florida Fire Prevention Code as
referenced herein and this Fire Prevention Code address an identical issue, the more stringent
fire protection provision shall apply.
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Section 5. Recol!:nition of Bnildinl!: Code. This Code recognizes and incorporates, as fully
as if set out herein, the Florida Building Code. Whenever the Florida Building Code is
referenced herein, and this Fire Prevention Code addresses an identical issue, the more stringent
fire protection provision shall apply.
Section 6. Recol!:nition of the South Florida Fire Prevention Code. This Code recognizes
the South Florida Fire Prevention Code as adopted by Miami-Dade County pursuant to Chapter
14 of the Miami-Dade County Code. The same are hereby adopted and incorporated, as fully as
if set out at length, herein. Whenever the South Florida Fire Prevention Code as referenced
herein and this Fire Prevention Code address an identical issue, the more stringent fire protection
provisions shall apply.
Section 7. Application. The provisions of this Code shall apply to all buildings, structures,
vehicles, marine vessels, premises, and conditions within this jurisdiction. The provisions of this
Code shall apply equally to existing as well as new buildings (unless specifically noted in this
Code). Structures, vehicles, marine vessels, premises, and conditions noting strict compliance
with this code may be permitted to continue unless, in the opinion of the Fire Marshal or the City
of Sunny Isles Beach, they constitute a distinct fire hazard to life or property.
Section 8.
Authoritv.
A. This Code shall be administered and enforced by the City Manager or designee or the
Fire Marshal of Miami-Dade Fire Rescue Department or the Fire Chief of Miami-Dade
Fire Rescue Department.
B. This Code shall be deemed an exercise of the police powers of the City of Sunny Isles
Beach for the preservation and protection for the public health, peace, safety, and
welfare, and all the provisions of this Code shall be liberally construed for that purpose.
Section 9.
Hazardous conditions.
A. Any person, upon discovering evidence of spontaneous heating or other abnormal heating
of any merchandise, commodity, cargo, shipment, or other material of any kind in any
building, marine vessel, appliance, apparatus, tank, or open stack or pile, or any person,
upon discovering or being appraised of any uncontrolled hazardous leak or hazardous
material or combustible or flammable liquid spill, shall immediately notify the fire
Department via 911.
B. No person shall knowingly maintain a fire hazard. It shall be unlawful for any person or
persons firm or corporation to set fire to any lands, cause fire to be started or set on any
lands, to clear lands by fire, to any field, forest or prairie fires, or to abandon or leave
unguarded any open fire, within the boundaries of the City.
Section 10. Smokinl!:. Where conditions exist which make smoking a fire hazard on any
premise, "No Smoking" signs shall be posted as directed by the City Manager or designee or
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Fire Marshal. "No Smoking" signs shall be of a color, size, lettering, and location approved by
the City Manager or designee or Fire Department. No person shall remove" No Smoking" signs
or lights, or ignite or otherwise set a fire to or smoke any cigar, cigarette, pipe, tobacco, or other
form of smoldering substance, nor hold possess, throw, or deposit an lighted or smoldering
substance in any place where occasion or action would constitutes a fire or life hazard. The
Manager or person in charge of the premises shall be responsible for enforcing this regulation
once ordered by the Authority Having Jurisdiction.
Section 11. Required Access for Fire Annaratus.
A. All premises, including existing premises, that the Emergency Services may be called upon to
protect in case of fire and not readily accessible from public roads, shall be provided with
suitable gates and access roads so that all buildings on the premises are accessible to fire
apparatus.
(1) Fire and emergency access shall be provided by an owner of commercial,
professional, and multi-family occupancy buildings. This access shall comply with
the following, unless otherwise approved by the A.H,J.:
a) have an unobstructed width of not less than twenty (20) feet;
b) have a minimum distance from the right-of-way of not less than fifteen (15) feet.
c) all fire and emergency access shall be constructed to meet the minimum city or
county standards;
d) Fire emergency access shall not be obstructed in any manner, including the
parking of vehicles. Notwithstanding the foregoing, security gates are permitted
if constructed to meet the minimum city or county standards.
B. Additional Access. A property owner shall be required to create more than one fire apparatus
access road if the City Manager or designee or Fire Marshal determines that an existing fire
apparatus access road is impaired by vehicle congestion, condition of terrain, climatic
conditions or other factors that could limit access to the property.
C. Existing Access. It is a violation of this Code for any person to eliminate any existing access
without the approval of the City of Sunny Isles Beach or the Fire Marshal.
Section 12. Security Gates and Barricades. It is unlawful for any owner or other person in
control of public or private property to have a security gate located on or restricting access to his
or her property or property under his or her control unless the gate has been approved under the
standards established by the City of Sunny Isles Beach or Miami-Dade County.
A. All electronic access control gate to structures and properties that may require
emergency services that restrict the free ingress and egress of emergency vehicles and are not
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constantly attended 24 hours per day shall be provided with an electronic transmitter/receiver
system capable of being programmed with a unique activation code and frequency approved by
the authority having jurisdiction. Such code or frequency shall not be used by or provided to other
gate users. Existing installations shall comply within 180 days subsequent to the notification date
by the authority having jurisdiction. In lieu of the installations of the electronic
transmitter/receiver system, the Authority Having Jurisdiction may require security access codes
from property owners or managers. When security access codes are changed by property owners or
property managers, the new security access codes shall be provided to the Authority Having
Jurisdiction within 24 hours of the change.
Section 13.
Stora!!:e on Roofs. Fire Escapes. Porches. Breezeways. and Balconies
A. No person shall place or maintain, on any roof or fire escape used for egress purposes, any
material or objects which may interfere with egress of fire department operations.
B. No person shall place or maintain gas or propane cylinders on porches, breezeways or
balconies of multi-story buildings.
Section 14. Dumpster Location. All dumpsters, and any associated screening consisting of
combustible fencing around the dumpster pad shall have a minimum separation from the nearest
building or building in accordance with the City Code. Large commercial/industrial dumpsters,
such as 20-40-yard containers, may require a larger separation. This minimum separation may be
reduced or waived if the dumpster is protected by one or more fire sprinkler heads of a fire
sprinkler system designed in accordance with sound engineering practices.
Section 15.
Markin!!: of Occupancies for Emer!!:ency Use
All occupancies, including single-family residences, shall be numbered and marked in a manner
and size as to be easily identified by responding emergency vehicles from the public roadway. In
the case that a structure is not visible from the roadway or the setbacks from the road are more
than one hundred (100 feet), the number shall be placed on a sign or mailbox near the right-of-way
which is closest to the building. The size of lettering and number will be determined according to
regulations adopted by the City. The lettering and number shall meet the minimum requirement:
A. All numbers and letters shall be non-script.
B. All numbers and letters shall be of a contrasting color to their
background.
Section 16. Cease and Desist Order or Stop Work Order
A. Whenever the violation of any provision of this Code presents an immediate danger to
life, safety, or property, or when any new construction or existing building is occupied in
whole or in part in violation of the provisions of this Code, or when any fire, explosion,
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or other such disaster occurs and presents an immediate danger to life, or property, the
Authority Having Jurisdiction shall immediately post a Cease and Desist Order or a Stop
Work Order on the premises, and shall suspend any and/or use of the building, marine
vessel, structure, or premises until such time that the danger to life or property has been
removed or correction of the violation(s) has/have been made.
B. If it is determined by the Authority Having Jurisdiction that a violation specified in this
subsection exists, the Authority Having Jurisdiction or their designee, may issue and
deliver to the person committing the violation, an order to cease and desist from such
violation, to correct any hazardous condition, to preclude occupancy of the affected
building or structure, or to vacate the premises of the affected building or structure. Such
violations are:
(1) except as set forth in paragraph (2) below, a violation of any provision of this
section, of any rule adopted pursuant thereto, of any applicable uniform fire safety
standard adopted pursuant to ~633.022, Florida Statutes, which is not adequately
addressed by an alternative requirement adopted on a local level.
(2) A substantial violation of an applicable minimum fire safety standard adopted
pursuant to ~633.022, Florida Statutes, which is not reasonably addressed by any
alternative requirement imposed at the local level, or an unreasonable
interpretation of an applicable minimum fire safety standard, and which violation
or interpretation clearly constitutes a danger to life safety.
(3) A building or structure which is in a dilapidated condition and, as a result thereof,
creates a danger to life, safety, or property.
(4) A building or structure, which contains explosive matter or flammable liquids or
gases, constituting a danger to life, safety, or property.
C. If, while conducting a fire safety inspection authorized by ~633.022, Florida Statutes, and
~633.085, Florida Statutes, it is determined that a violation described in this section exists
which posses an immediate danger to the public health, safety, or welfare, the Authority
Having Jurisdiction may issue and order to vacate the building in question, which order
shall be immediately effective and shall be an immediate final order. With respect to a
facility under the jurisdiction of a Department school board or community college board
of trustees, the order to vacate shall be issued jointly by the Department superintendent or
college president and the Authority Having Jurisdiction.
Section 17. Criminal Penalty. If any person shall fail or refuse to obey or comply with, or
violates any of the provisions of this Code or a more stringent fire safety standard or any lawful
order from the authority having jurisdiction, such person, upon conviction of such offense, shall
be punished by a fine not to exceed one thousand dollars per day ($1000.00), or by imprisonment
not to exceed sixty (60) days in jail, or both in discretion of the court. Each day of each
continued violation shall be considered as a separate offense. The imposition of a penalty for
any violation shall not excuse the violation, nor shall the violation be permitted to continue. All
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persons shall be required to correct or remedy the violations or defects within a reasonable time
and, when not otherwise specified, the application of the above penalty shall not be held to
prevent the enforced removal of prohibited conditions.
Section 18. Appeal. If a person is served with a violation notice under this Code, the person
may request a code enforcement administrative hearing before a Special Master in accordance
with Chapter 14 of the City Code. An appeal must be filed with the City Clerk no later than
fifteen (15) days after the service of the violation notice. An aggrieved party may seek judicial
review of the decision of the Special Master in accordance with the Florida Rules of Appellate
Procedure.
Section 19. Transmittal. The City Clerk is hereby directed to transmit this Code to the
Florida Building Commission, the State Fire Marshal, and Miami-Dade County Fire Marshal.
Section 20. Severabilitv. 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 shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 21. Repealer. All ordinances or part of ordinances in conflict herewith be and the
same are hereby repealed.
Section 22. Inclusion in the Code. It is the intention of the City Commission, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part of the City
of Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered or re-lettered
to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or to
other appropriate word.
Section 23. Effective Date. This Ordinance shall be effective ten (10) days after adoption on
second reading.
PASSED and ADOPTED on first reading the 1/,,')')" day of NO\),......'n~ r ,2006.
PASSED and ADOPTED on second reading the ~day of bPrI'Mbt. V ,2006.
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ATTE~~::'.' . f> I i'~.<:'"
~,.t(.:'{J~J': '
Jane A:H,ines~'?~C,J::ity,Clerk
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APPROVED AS TO F.ORM
AND F. IENCY:
VOTE: '5- D
Mayor Edelcup
Vice Mayor Brezin
Commissioner Goodman
Commissioner Iglesias
Commissioner Thaler
Moved by: VH' ~ tY)J\.\%-e. 1li.rrt-~R'
Seconded by: Cl\~\$S{n~R fS~~"ZJN
.l.L. (Yes)
~Yes)
0Yes)
0Yes)
~es)
_(No)
_(No)
_(No)
_(No)
_(No)
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8
~
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 Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
Jorge Vera, Assistant City Manager/serVi~~
Priscilla Walker, CMC, Deputy City Clerk
December 19, 2006
Approval of Fire Prevention and Protection Ordinance
At its regular meeting of December 14, 2006, the City Commission adopted Ordinance No.
2006-274, which created a new Chapter entitled "Fire Prevention and Protection Regulations"
for the SIB code.
Attached is a copy of the ordinance.
Thank you.
:pw
Attachments
cc: A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Doug Haag, Assistant City Manager/Finance
Clay Parker, Building Official/Administrator
Robert Solera, Community Development Director
Fire Prevention & Protection Ord Trans Memo
'.
City of Sunny Isles Beach
18070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman, Commissioner
Lewis Thaler, Commissioner
Danny Iglesias, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Allomey
Jane A. Hines, CMC, City Clerk
MEMORANDUM
TO: The Honorable City Commission
VIA:
FROM:
DATE:
RE:
,
A. John Szerlag, City Manager
Jorge Vera, Assistant C.ity Manager ff
November 16, 2006 ~
Fire Prevention and Protection Regulations
RECOMMENDATION:
The attached Ordinance is presented for consideration and approval.
REASONS:
The City of Sunny Isles Beach provides fire protection and prevention services to its residents by
utilizing the services of Miami-Dade Fire Rescue Department in accordance with Section 7.8 of
the City Charter. Based on local conditions, staff is recommending that the City Commission
adopt more stringent fire safety standards. Specifically, the attached Ordinance provides for the
elimination of fire hazards throughout the City. Additionally, the Ordinance requires all
premises, including existing premises, to provide unobstructed fire access roads.
Agenda Item 9-8-
Date 1 '2 - \ lJ. Db