2019-007 Fire Prevention Code New Article V ORDINANCE NO. 2019-007
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING
CHAPTER 108 OF THE CODE OF ORDINANCES OF THE CITY OF
OCOEE, RELATING TO MINIMUM STANDARDS, ADDING A NEW
DEFINITION FOR FLORIDA FIRE PREVENTION CODE AND ADDING
A NEW ARTICLE V RELATING TO FIRE PREVENTION MINIMUM
STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, as provided in Article VIII of the Constitution of the State of Florida and
chapters 163 and 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule
authority, police power, land development and zoning authority, and governmental and proprietary
powers necessary to conduct municipal government and perform municipal functions; and
WHEREAS, the City may exercise any power for municipal purposes, except as expressly
prohibited by law; and
WHEREAS, Chapter 633, Florida Statutes, assigns the responsibility enforce the Florida
Fire Prevention Code to each municipality and provides an enforcement mechanism therefor; and
WHEREAS, Section 69A-60.007, Florida Administration Code, states that each
municipality must conduct an inspection of every new building for compliance with the Florida Fire
Prevention Code and subsequently conduct periodic inspections to ensure continued compliance for
existing buildings subject to the Florida Fire Prevention Code; and
0 WHEREAS, Section 1.7.7 of the Florida Fire Prevention Code authorizes the city to inspect
all buildings for dangerous and hazardous conditions or materials at reasonable times and to order
the removal or remedy of such dangerous and hazardous conditions or materials; and
WHEREAS, Section 1.7.7 of the Florida Fire Prevention Code further authorizes the city to
abate adverse conditions when they are deemed hazardous to life or property; and
WHEREAS, Chapter 7 of the Code of Ordinances of the City of Ocoee establishes the
general process for encouraging compliance with City Ordinances and creates the Code
Enforcement Board and Special Magistrate as the quasi-judicial bodies having jurisdiction over
code enforcement matters in the city; and
1
WHEREAS, Chapter 78 of the Code of Ordinances of the City of Ocoee assigns to the
City's Fire Department the responsibility for plan review related to the conformance of new
construction to the Florida Fire Prevention Code; and
WHEREAS, Chapter 108 of the Code of Ordinances of the City of Ocoee establishes
minimum standards for existing buildings and a program of periodic inspections to ensure continued
compliance with those standards; and
WHEREAS, the City needs to ensure clarity and consistency among the various chapters of
the City Code, clearly state procedural pathways for applying the various provisions of City Code,
and assign responsibilities for the conduct of city activities; and
WHEREAS, the City Commission in good faith determines that this Ordinance is in the
best interest of the City and its residents and promotes the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OCOEE,FLORIDA,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby ratified and confirmed as true and
{
correct and are incorporated herein by this reference.
Section 2. 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 and
Chapters 166 and 633, Florida Statutes.
Section 3. Amendments to Chapter 108.
Section 108-3 of Chapter 108 of the City of Ocoee Code of Ordinances, is hereby amended
to read as follows, with underlines showing the addition of the following definition for
"Florida Fire Prevention Code"to be placed in the proper alphabetical order location:
FLORIDA FIRE PREVENTION CODE—The official standard adopted by the State
Fire Marshal pursuant to the authority granted in §633.202, Florida Statutes, and to
be applied by all municipalities in the State under the direction given in §633.208,
Florida Statutes.
*****
A new Article V — FIRE PREVENTION MINIMUM STANDARDS CODE,
consisting of sections 108-43 through 108-50, is hereby added to Chapter 108 to read
as follows, with underline showing additions:
Article V—Fire Prevention Minimum Standards Code
2
§108-43. —Citation.
This Article may be cited and referenced as the "Fire Prevention Minimum
Standards Code."
§108-44. —Purpose.
The purpose of the Fire Prevention Minimum Standards Code is to carry out the
City's duties under Chapter 633, Florida Statutes, as further clarified and
implemented in §69A-60.007, Florida Administrative Code, and the Florida Fire
Prevention Code. In the interest of the public health, safety, and welfare of its
citizens, the City seeks to ensure that all fire alarms, fire prevention devices, and
other elements of structures governed by the Florida Fire Prevention Code remain
in good working order and serviceable condition so as to ensure on the public
health, safety, and welfare. Buildings and lives are preserved and protected through
the effective presence of such devices and structural elements. As a result, the Fire
Prevention Minimum Standards Code imposes certain responsibilities and duties
upon property owners and operators; authorizes the City to conduct periodic
inspections to enforce minimum condition and performance standards; directs the
Enforcement Officer to issue warnings and citations related to violations of the
Florida Fire Prevention Code and the need for an owner or operator to effect
repairs; and to fix penalties for violation of the Fire Prevention Minimum Standards
Code. The Fire Prevention Minimum Standards Code is hereby declared to be
remedial and essential for the public interest and shall be liberally construed to
effectuate the purposes stated herein.
§108-45. —Applicability.
Every commercial, business, or industrial establishment and the premises on which
it is situated in the City that are used or intended to be used for commercial.,
business, assembly, educational, hazardous, institutional, mercantile, storage, or
industrial occupancy shall comply with the provisions of the Fire Prevention
Minimum Standards Code, whether or not such building, structure, or premises
shall have been constructed, altered, or repaired before or after the enactment of this
Fire Prevention Minimum Standards Code and irrespective of any permits or r.
licenses that may have been issued for the use or occupancy of the building or
structure or premises for the construction or repair of equipment or facilities prior to
the effective date of this Fire Prevention Minimum Standards Code. Where there is
a mix of uses within a single building, structure, or premises, any commercial,
business, or industrial use within the building, structure, or premises shall be
regulated by and subject to this Fire Prevention Minimum Standards Code. This
Fire Prevention Minimum Standards Code applies to all structures, buildings, and
premises that are subject to the Florida Fire Prevention Code, or that are subject to
specific requirements of State law due to their occupancy or use.
3
fi
}
§108-46. —Definitions.
Terms used herein but not defined in 108-3.C. shall have the meanings given in
the Florida Fire Prevention Code or Chapter 633, Florida Statutes, as they may be
amended from time to time.
§108-47. —Violations.
Procedures for enforcing violations of this Fire Prevention Minimum Standards
Code shall be as provided generally in Article I of this Chapter and in this section.,
as follows:
A. At the time the Enforcement Officer has probably cause to conclude that a
violation of the Fire Prevention Minimum Standards Code or the Florida Fire
Prevention Code, the Enforcement Officer shall issue a written warning to the
owner or operator of the building, structure, or premises advising the owner or z'
operator of the violation, the conditions creating the violation, a course of
corrective action, and a time by which the violation must be corrected. Unless
otherwise provided herein, the time period provided for correcting the violation
shall be at least forty-five (45) days; however, nothing provided in this Section
shall preclude the Enforcement Officer, in his or her discretion, from allowing
additional time for the work to be completed. In the event the Enforcement
Officer observes a more serious violation that may impose a significant risk to E.
life or property, corrective time periods or the immediate cessation of operations
shall be ordered and shall continue until such time as the violation is corrected.
B. At the time of expiration of the warning period, if the conditions leading to or
causing the violation are not corrected, the Enforcement Officer shall allow
additional time for correction or issue a citation for violation of the Fire
Prevention Minimum Standards Code and any provisions of the Florida Fire €'
Prevention Code that the City seeks to enforce. The citation must contain the
following information:
1. The date and time of issuance.
2. The name and address of the person to whom the citation is issued. 5'
3. The date and time the violation was committed or first observed.
4. The provision(s) of the Florida Fire Prevention Code that is/are applicable.
5. The facts constituting probable cause.
6. Whether this is an initial or a repeat violation.
7. The name and authority of the Enforcement Officer.
8. The case number issued by the City.
9. The date and time for the hearing at which the code violation case will be
heard.
10. The procedure for the person cited to follow.
4 i.
32
11. That a civil penalty of up to $500 may be imposed by the City's Code
Enforcement Board or Special Magistrate should a violation be found to
exist.
C. The processing of a citation issued under the Fire Prevention Minimum
Standards Code shall be adjudicated in accordance with the provisions of
Chapter 7 of the Code of Ordinances of the City of Ocoee. The citation issued in
accordance with the requirements listed above shall be considered to be both a
Notice of Violation and a Notice of Hearing for purposes of conforming to the
general requirements of Chapter 7. An Order Imposing Fine shall immediately
be issued by the Code Enforcement Board or Special Magistrate, as applicable,
upon adjudication that a violation of the Fire Prevention Minimum Standards
Code has occurred., no additional period for voluntary compliance shall be
given.
D. Each day for which a violation is found to exist shall constitute a separate
violation subject to a fine of up to $500.
§108.48.—Inspections.
Inspections shall be conducted to carry out the purpose of this Fire Prevention
Minimum Standards Code and shall be conducted as generally provided in Article I
of this Chapter and in accordance with Chapter 633, Florida Statutes, §69A-60.007,
Florida Administrative Code, and §1.7.7 of the Florida Fire Prevention Code. Such
inspections are firesafety inspections and shall be performed in accordance with
State law and the Florida Fire Prevention Code. The City Commission may, by
resolution, adopt a schedule of fees to cover the cost to the City to conduct the
required inspections.
§108.49. —Minimum fire prevention standards for commercial, business, and industrial
structures or uses.
The minimum fire prevention standards for the City are those established in the
current edition of the Florida Fire Prevention Code, as adopted by the State Fire
Marshal pursuant to Chapter 633, Florida Statutes.
§108.50. —Duties and responsibilities of owners and operators of commercial, business,
and industrial structures or uses.
A. All fire prevention devices installed as a condition of permitting during the
original construction of the building, structure, or premises, or which may have
been subsequently installed due to changes in use, occupancy, alteration, or
other action requiring such installation, shall be maintained in good working
order at all times.
B. All fire alarms installed as a condition of permitting during the original
construction of the building, structure, or premises, or which may have been
5
1
1
subsequently installed due to changes in use, occupancy, alteration, or other
action requiring such installation, shall be maintained in good working order at 1
z
all times. Any alarm for which monitoring is required shall have an active
contract in place for the required monitoring service at all times.
C. All means of egress shall be preserved so as to provide an unobstructed pathway
for exiting the building, structure, or premises in accordance with applicable
building codes and fire prevention standards.
D. Owners and operators shall admit an Enforcement Officer for the purpose of
inspecting the building, structure, or premises for compliance with this Fire
Prevention Minimum Standards Code during normal business hours. Failure to
comply with this requirement is a violation of the Fire Prevention Minimum
Standards Code which may be enforced in accordance with this ordinance or
pursuant to Florida Statutes.
E. Should an Enforcement Officer issue a written warning in accordance with
§108-47, above, the owner or operator of the building, structure, or premises
shall act within the time provided in the warning to correct the conditions
causing the violation in accordance with the course of corrective action
{
provided by the Enforcement Officer. If the owner or operator fails to correct
such conditions within the time provided by the Enforcement Officer, then the
Enforcement Officer may issue a citation, as provided in §108-47, above.
F. Any operator who becomes aware of a violation of the Fire Prevention
Minimum Standards Code shall promptly notify the owner of the property and
any other representative of the owner that the owner may have designated for
such purpose.
Section 4. 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 5. 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 City of Ocoee Code of
Ordinances. 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.
6
Section 6. Effective Date. This Ordinance shall be in force and take effect immediately
upon its passage and adoption. ,�r�
PASSED AND ADOPTED this ' day of * , 2019.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
1.4Lp(--
0411114141V
'�.
�_
Melanie Sibbitt, City Clerk Rusty Johns• V yor
(SEAL)
ADVERTISED � / , ,2019
READ FIRST TIME fpf r '/,2019
READ SECOND TIME AND A l •PTED
7'E74, ,_ ,2019 UNDER
AG DA ITEM NO. /5
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
THISbAY OF t/yq:2.014- , 2019.
SHUFFIELD, LOWMAN IL i '.A.
By:
City Atto r
7