Loading...
HomeMy WebLinkAboutItem 16 An Ordinance Amending Chapter 78 of the Code of Ordinances Relating to Fire Prevention AGENDA ITEM COVER SHEET Meeting Date: March 15, 2005 Item # llo Contact Name: Contact Number: Fire Marshal Butch Stanley 407 -905-3100/2002 Reviewed By: Department Director: Chief Richard Firstner City Manager: Rob Frank Background Summary: Whereas, the State Fire Marshal has adopted the Florida Fire Prevention Code which contains all fire safety laws and rules that pertain to the design, construction, erection, alteration, modification, repair, and demolition of public and private buildings, structures, and facilities and the enforcement of such fire safety laws and rules. Issue: Current local amendments have sunset and need to be readopted. Recommendations The Mayor and City Commission readopt Chapter 78 of the Code of Ordinance relating to Fire Prevention. Attachments: Chapter 78 of the Code of Ordinances of the City of Ocoee. Financial Impact: Unknown Type of Item: (please mark with an "x') Public Hearing ~ Ordinance First Reading Resolution Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution N/A N/A N/A Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) Mayor S. Scott Vandergrift City Manager Robert Frank Commissioners Danny Howell, District 1 Scott Anderson, District 2 Rusty ,Johnson, District 3 Nancy,J. Parker, District "1 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Butch Stanley, Fire Marshal DATE: March 15, 2005 RE: Readopting Chapter 78 of the Code of Ordinances ISSUE Current local amendments have sunset and need to be readopted. BACKGROUNDIDISCUSSION The State Fire Marshal has adopted the Florida Fire Prevention Code which contains all fire safety laws and rules that pertain to the design, construction, erection, alteration, modification, repair, and demolition of public and private buildings, structures, and facilities and the enforcement of such safety laws and rules. RECOMMENDATION It is recommended that the Mayor and City Commissioners readopt Chapter 78 relating to Fire Prevention Code Local Amendments. ORDINANCE NO. AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA READOPTING CHAPTER 78 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO FIRE PREVENTION CODE LOCAL AMENDMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; DIRECTING TRANSMITTAL TO THE FLORIDA BmLDING COMMISSION AND THE STATE FIRE MARSHALL; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State Fire Marshal, pursuant to ~ 633.0215, Florida Statutes, has adopted the Florida Fire Prevention Code which contains all fire safety laws and rules that pertain to the design, construction, erection, alteration, modification, repair, and demolition of public and private buildings, structures, and facilities and the enforcement of such fire safety laws and rules; and WHEREAS, the City of Ocoee has previously adopted its existing local amendments to the Florida Fire Prevention Code to strengthen the requirements of the minimum fire safety code; and WHEREAS, pursuant to ~ 633.0215(3)(b), Florida Statutes, the existing local amendments are to be readopted in connection with the adoption of the new edition of the Florida Fire Prevention Code; and WHEREAS, the 2004 Edition of the Florida Fire Prevention Code became law on January 1, 2005; and WHEREAS, the City desires to readopt its existing local amendments to the Florida Fire Prevention Code. 006.357808.1 NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166, Florida Statutes, and Section 633.0215, Florida Statutes. SECTION 2. Re-adoption of Chapter 78. Chapter 78 of the Code of Ordinances of the City of Ocoee, Florida, entitled Fire Prevention Code - Local Amendments, is hereby re- adopted as set forth in Exhibit "A" attached hereto and by this reference made part hereof. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 4. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 5. Transmittal of New Chapter. The City Clerk is hereby directed to transmit a certified copy of this Ordinance to the Florida Building Commission and the State 006.357808.1 2 Fire Marshall within thirty (30) days of enactment thereof. Additionally, an electronic copy of this Ordinance shall be transmitted via electronic mail to the Florida Building Commission at its internet web site, located at www.Floridabuilding.org. SECTION 6. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of ,2005. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2005 READ FIRST TIME , 2005 READ SECOND TIME AND ADOPTED , 2005 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this _ day of , 2005. FOLEY & LARDNER LLP By: City Attorney 006.357808.1 3 EXHIBIT A TO CITY OF OCOEE ORDINANCE NO. CHAPTER 78 FIRE PREVENTION CODE - LOCAL AMENDMENTS ARTICLE I, General Provisions ~ 78-1. Authority; purpose. This chapter is enacted under the general home rule power of the City and pursuant to Section 633.0215, Florida Statutes. This chapter is intended to be a local amendment to the Florida Fire Prevention Code which strengthens the requirements of the minimum fire safety code. ~ 78-2. Applicability. This chapter shall apply and be in force and effect within all of the incorporated areas of the City. ~ 78-J. Administration; delegation. The City of Ocoee Fire Chief shall be the administrative official for the provisions of this chapter. Whenever a provision appears requiring the Fire Chief, the Fire Department or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the Fire Chief or other officer to designate, delegate and authorize professional level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise. ~ 78-4. Permitting and inspection. The inspection or permitting of any building, system or plan by the City of Ocoee, under the requirements of this chapter and the Florida Fire Prevention Code, shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. Neither the City nor any employee thereof shall be liable in tort for damages for any defect or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting, unless the employee is found to have acted in bad faith or with malicious purpose in a manner exhibiting wanton and willful disregard for safety, health and welfare ofthe public. ~ 78-5. Construal of permit; validity; effect. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for or an approval of any violation of any of the provisions of this chapter or the Florida Fire Prevention Code. No permit presuming to give authority to violate or cancel the provisions of this chapter shall be valid, except so far as the work or use which it authorizes is lawful. The issuance of a permit upon plans and specifications shall not prevent the 006.357808.1 4 Fire Department from thereafter requmng the correction of errors in such plans and specifications nor from prohibiting the starting or continuance of work thereunder when in violation of this chapter or of any other provisions of this chapter or of the Florida Fire Prevention Code. ~ 78-6. Enforcement. The procedures set forth in Chapter 7, Enforcement of Code, shall apply to this chapter. ~ 78-7. Penalties for offenses. Any person violating any provision of the chapter shall, upon conviction, be punishable as provided in S 1-12 of Chapter 1, General Provisions, Article II, of the Code of the City of Ocoee. Each day such violation is committed or permitted to continue shall constitute a separate offense. ~ 78-8. Procedure for challenging local amendments. A. Pursuant to Section 633.025(4)(d), Florida Statutes, any party substantially affected by the adoption of any local amendment to the Florida Fire Prevention Code may challenge the validity of such amendment and its compliance with Section 633.025, Florida Statutes, by filing an appeal with the Ocoee City Commission within 90 days from the effective date of the amendment. B. A hearing on the challenge shall be held by the City Commission within 45 days from receipt of the challenge. The City Commission shall render a decision on the challenge within 30 days from the date of any such hearing. ~ 78-9. (Reserved) ARTICLE II, Automatic Fire Protection Systems ~ 78-10. Definitions. For the purpose of this article, the following definitions apply to the intent and meaning of the requirements of this article: BUILDING -- All structures intended for shelter, housing or enclosure for persons, animals or chattel by any means other than fencing. GROSS SQUARE FEET -- Includes the gross square foot area of all floors and mezzanines of a building. ~ 78-11. Commercial and residential buildings. A. Commercial buildings containing 4,000 or more gross square feet shall require automatic fire protection systems.B. Existing commercial buildings containing 4,000 or more gross 006.357808.1 5 square feet, whether necessitating a physical alteration or not, having a change of occupational classification under the provisions of Chapter 3 of the Florida Building Code, shall require automatic fire protection systems. C. Existing commercial buildings, when any or all additions to the building result in the building having a total of 4,000 or more gross square feet, shall require automatic fire protection systems. D. Residential structures being converted to commercial structures, when such conversions contain 4,000 or more gross square feet, shall require automatic fire protection systems. ~ 78-12. Building with hazard occupancies. Automatic fire protection systems may be required in buildings of less than 4,000 square feet if they should fall in the Ordinary Hazard Occupancies (Group 3) or Extra Hazard Occupancies (Group 1 and 2), as defined in NFPA 13, Standard for Installation of Sprinkler Systems, as deemed necessary by the City of Ocoee Fire Chief or his appointed representative. ~ 78-13. Hotels and motels. Hotels and motels shall require automatic fire protection systems regardless of square footage or number of stories. ~ 78-14. Multifamily residential units. Multifamily residential units comprised of three or more dwelling units, regardless of square footage or number of stories, shall require automatic fire protection systems; provided, however, that the foregoing shall not apply to multi-family residential units consisting of 3 or 4 dwelling units which have received approval of a final subdivision plan prior to April 1, 2002. ~ 78-15. (Reserved) ~ 78-16. (Reserved) ~ 78-17. (Reserved) ~ 78-18. (Reserved) ~ 78-19. (Reserved) ARTICLE III, Plan Review, Permit and Inspection Fees ~ 78-20. Plan review; permits. 006.357808.1 6 A. The Fire Department shall perform a review of all pertinent building plans and specifications submitted to the Building Department in order to determine whether such plans and specifications comply with the Florida Fire Prevention Code and this chapter. Separate permits will be required for fire protection systems. B. In addition to any fees paid at the time of application for a building permit pursuant to Chapter 51 of the Code of Ordinances of the City of Ocoee, at the time of such application, the applicant shall also pay the following nonrefundable plan review fee for review by the Fire Department, to be collected by the Building Department: (1) Plan review: (a) Residential: no fee. (b) Commercial: 1/2 of 1% of value of construction. (2) Value of construction for purposes of calculating the above fee shall be determined in accordance with S 51-128 of the Code of Ordinances of the City of Ocoee. (3) There shall be no additional charge for initial inspection conducted by the Fire Department. (4) Plan review fees shall not be charged for construction projects when construction plans or drawings are not required. ~ 78-21. Reinspections; fees. A. In the event that the Fire Department, upon initial inspection, shall find work not in compliance with the Florida Fire Prevention Code and/or this chapter, the person doing said work shall promptly do everything necessary to bring said work within the requirements of the Florida Fire Prevention Code and this chapter. The Fire Department shall then, upon notice from such person, reinspect said work after payment of the following fees: (1) Firstreinspection: $25. (2) Second and subsequent reinspections for the same noncompliance: $40. B. The reinspection fees set forth above shall be collected by the Building Department. ~ 78-22. Burn permits. No open burning shall be allowed without a permit from the Fire Department and any necessary state permit. A. Period of issuance. Burn permits shall be issued for a one-week period and the hours as specified on the permit. 006.357808.1 7 B. Grounds for revocation. Burn permits shall be revoked if the Fire Department determines that the burning is detrimental to surrounding property or persons, or that a change in conditions may cause the burning to be unsafe. C. Permit fee. The fee for a burn permit issued pursuant to this section is $200 and shall be collected by the Fire Department. 9 78-23. Other inspections; fees. A. The Fire Department shall also perform the following inspections, which shall have the permit fees indicated: (1) Firework displays: $100. (2) Fire hydrant flow tests: $75 per hydrant. B. The permit fees set forth above shall be collected by the Fire Department. ARTICLE IV, Additional Local Amendments 978-24. Secured key access system required. A. A rapid-entry key safe or vault with a single lock and alarm tamper switch(es), which is monitored by a central station alarm company 24 hours per day, shall be installed in the following structures: (1) All new commercial and/or manufacturing buildings with 4,000 square feet or more gross floor area which are issued building permits after November I, 2003. (2) All existing commercial and/or manufacturing buildings which have a fire alarm system or other fire protection system which are issued building permits for remodeling or renovations after November 1,2003. (3) All existing commercial and/or manufacturing buildings which have a fire alarm system or other fire protection system for which a new occupational license, other than a renewal license, is required to be obtained by the owner and/or any occupant thereof after November 1,2003. B. The ordering, payment and installation of the rapid-entry key safe or vault will be the responsibility of the owner. The device and its installation must meet the prior approval of the Chief of the Ocoee Fire Department or his designee. All keys, material safety data sheets and floor plans that are deemed necessary by the Ocoee Fire Department to achieve safety and effectiveness during fire and rescue operations shall be supplied to the Ocoee Fire Department. 9 78-25. Privately owned fire hydrants. 006.357808.1 8 A. Maintenance. Each owner of a privately owned fire hydrant shall maintain such fire hydrant in accordance with Section 4-4.4 of the 1998 edition of National Fire Protection Association (NFPA) 25, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection. B. Inspections and reports. All existing privately owned fire hydrants located in the City of Ocoee shall be inspected in accordance with the requirements of Section 4-4.3 of the 1998 edition ofNFPA 25, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection. The owner(s) of such privately owned fire hydrant(s) shall cause to be completed one approved fire hydrant inspection report for each fire hydrant. Such report shall be submitted to the Ocoee Fire Department Fire Prevention Bureau by the earlier of (i) 30 days after the completion of the report, or (ii) December 31, 2003. Thereafter, each privately owned fire hydrant shall be subject to an annual inspection during the fourth (4th) quarter of each year. The owner(s) of such privately owned fire hydrant(s) shall cause to be completed one approved fire hydrant inspection report for each hydrant. Such report shall be submitted to the Ocoee Fire Department Fire Prevention Bureau by the earlier of (i) 30 days after completion of the report, or (ii) December 31 of each calendar year. C. All inspections and reports for privately owned fire hydrants shall be performed by one of the following: (I) a general contractor licensed in the State of Florida; (2) a utilities contractor licensed in the State of Florida; (3) a fire protection contractor licensed in the State of Florida; (4) a plumbing contractor licensed in the State of Florida; or (5) the Ocoee Fire Department; provided, however, that if the Ocoee Fire Department is requested to perform the inspection, such inspection is subject to the owner releasing the Ocoee Fire Department and the City of Ocoee from any liability damage that may occur as a result of the inspection. D. All privately owned fire hydrants shall be painted the color of Rust-o-Ieum Safety Red E. Any person violating any provision of this article shall, upon conviction, be punishable by a fine not to exceed $500. 006.357808.1 9