VI (B1) Second Reading of Ordinance 2002-06 Amending Chapter 78 Local Amendments to the FLorida Fire Prevention Codes j Agenda 3-19-2002
Item VIB 1
FOLEY : LARDNER
MEMORANDUM
CLIENT•MATTER NUMBER
020377.0107
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Jason G. Williams, Esq., Assistant City Attorney
THROUGH: Paul E. Rosenthal, Esq., City Attorney
DATE: February 25, 2002
RE: Ordinance No. 2002-06; Chapter 78—Local Amendments to the Florida Fire
Prevention Codes
Attached please find an Ordinance repealing Chapter 78 of the Code of
Ordinances of the City of Ocoee concerning Fire Prevention and adopting a new Chapter 78.
The adoption of a new Chapter 78 is necessary because the state's adoption of the Florida Fire
Prevention Codes. The Florida Fire Prevention Code is a statewide provision adopted by the
r Florida Legislature, which supercedes all local fire prevention codes statewide. The Florida Fire
Prevention Codes became effective on January ,The state provided that local
gove s could adopt local amendments to t - .n Code if the local
standar�s were more stringent that the statewide provisi
Article I of the ordinance outlines the general provisions and method of
enforcement. Article II re-enacts the City's previous requirements related to Automatic Fire
Protection Systems. Article III establishes certain fees related plan reviews, permits, and
inspections that were requested by the Fire Department in the memorandum attached hereto.
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt Ordinance No.
2002-06 and authorize the Mayor and City Clerk to execute the same.
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FEB-26-02 11 .48 FROM:FOLEY B LARDNER ID:4076491742 PAGE 2/S
OCOEE FIRE DEPARTMENT
125 N BLUFORD AVE
OCOEE, FL 34761
RON STROSNIDER BUSINESS 407656-7796
FIRE CHIEF FAX 4D7-656-1222
MEMORANDUM
TO: Jim Gleason,Acting City Manager
FROM: Ron Strosnider,Fire Chief P/�
DATE: February 20,2001
RE'. Inspection Fee's
The following is a list of proposed inspection fees that the Fire Department would like
to implement.
Reinspection fee for 1'time 25.00
Reinspection fee for 2"time 40.00
Plans review 1/2 of(1%)percent of estimated value of construction.
Burn permits 100.00
Fireworks Displays/Tents 50.00
Fire Hydrant Flow Test 50.00 per rarh
Please fmd attached inspection fees for various Fire Departments within the
surrounding areas.
rrn 2G 02 11 .46 FROM.FDLEY 8 LARDNLN ID 907G901743 PACE 3 5
13 Jun LLl sa: 34 r v r net., .uic . ...e_.....
OCOEE FIRE DEPARTMENT
125 N BLUFORD AVE
OCOEE, FL34/61
RON STROSNIDER BUSINESS 407-656-7796
FIRE CHIEF FAX 407-556-1222
MEMORANDUM
TO: Chief Strusuider /
FROM: Butch Stanley
DATE: January 23,2001
RE: Inspection Fee's
The following is a list of inspection fee's that various fire departments charge:
Altamonte Sprints Fire Aeparbaen
Burn Permits N/A
Inspection Fee 15.00
Reinspection Fee 15.00
Plans Review N/A
Apopka Fire Deportment
Burn Pemuts N/A
Inspection Fee 5.00
1'Reinspection 15.00
2n°Reinspection 20.00
Reinspection 25.00
Plans Review ' of(1%)percent of estimated value of construction.
FEB-26-02 II 47 FROM-FOLEY 8 LPRDN£R 1D 4076481743 PAGE 4/s
Id Jun us an. rue rrad •!oow, ... .
Clermont Fire Department.
Bum Permits 30.00
Inspection Fee 45.00
1'Reinspection 0.00
2"Remspection 30 00
Fire Hydrant Flow Test 25.00
Plans Review N/A
Enstu Fire Department:
Burn Permits N/A
Inspection Fee 25.00
1"Reinspection Fee 35.00
Reinspection Fee 35.00
Fire Hydrant Flow Test 35.00
Plans Review N/A
Lake Mary Fire Department:
Bum Permits 50.00
Inspection Fee 0.00
Reinspection Fee 25.00
Fire Hydrant Flow Test 50.00 per each
HAS licensure inspections 25.00
Fireworks Displays/Tents 50.00
Plans Review New fee
Maitland'Fire Department:
Bum Permits N/A
Inspection Fee N/A
1"Reinspection Fee 15.00
•
2o'Reinspeelion Fee 20.00
Reinspection Fee 25.00
Plans Review ... one half of one percent(0.5%)of total valuation of the construction
rED 26- 02 11 47 rROM r'OLEY a LARONER ID-4076101743 PAGE 5/5
13 Jun U1 le: sJ ru'r uera ••c am •- - -
Mount Dora Fire Department:
Burn Permits N/A
Inspection Fee 25.00
1°Reinspection Fee 15.00
Zed Rtinspeerion Fee 15.00
Fire Hydrant Flow Test 25 00
Plans Review N/A
Sanford Fire Department:
Burn Permits 100.00
Inspection Fee 0.00
Reinspection Fee 0 00
2°a Reinspection Fee 30.00
3'd Reinspection Fee 45.00
Plans Review .....$.02 per square foot of gross floor area
Winter Garden FSre Department:
Burn Permits 50.00
Inspection Fee 50.00
is Reinspection Fee 50.00
Fire Hydrant Flow Test 50-00
Plans Review N/A
ORDINANCE NO. 2002-06
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
REPEALING CHAPTER 78 (FIRE PREVENTION) OF THE
CODE OF ORDINANCES OF THE CITY OF OCOEE;
ADOPTING NEW CHAPTER 78 OF THE OCOEE CITY
CODE ENTITLED FIRE PREVENTION CODE - LOCAL
AMENDMENTS; ADOPTING ARTICLE I OF CHAPTER 78
RELATING TO GENERAL PROVISIONS; ADOPTING
ARTICLE II OF CHAPTER 78 REQUIRING AUTOMATIC
FIRE PREVENTION SYSTEMS AS A LOCAL
AMENDMENT TO THE FLORIDA FIRE CODE;
ADOPTING ARTICLE III OF CHAPTER 78 GOVERNING
PERMITS AND FEES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; DIRECTING
TRANSMITTAL TO THE FLORIDA BUILDING
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 firesafety 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 firesafety
laws and rules; and
WHEREAS, the Florida Fire Prevention Code became law on January 1, 2002 and
rescinds all locally adopted fire code requirements; and
WHEREAS, the City of Ocoee desires to adopt local amendments to the Florida Fire
Prevention Code to strengthen the requirements of the minimum fire safety code by providing
for certain administrative matters, by requiring certain buildings to provide for automatic fire
protection systems and by establishing a local fee structure for plan reviews, inspections and
the issuance of certain permits; and
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WHEREAS, the requirements of this Ordinance with respect to automatic fire
protection systems have previously been in effect pursuant to Article II of Chapter 78 of the
Code of Ordinances of the City of Ocoee.
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. Chapter 78 of the Code of Ordinances of the City of Ocoee, Florida is
hereby repealed.
SECTION 3. A new Chapter 78 of the Code of Ordinances of the City of Ocoee,
Florida, is hereby adopted as follows:
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.
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§ 78-2. Applicability.
This Chapter shall apply and be in force and effect within all of the
incorporated areas of the City.
§ 78-3. 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 of the public.
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§ 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 Fire Department from thereafter requiring
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 Section 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.
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ARTICLE II
AUTOMATIC FIRE PROTECTION SYSTEMS
§ 78-10. Definitions.
For the purpose of the Article, the following definitions apply to the intent and
meaning of the requirements of this Article:
A. BUILDING -- All structures intended for shelter, housing or enclosure
for persons, animals or chattel by any means other than fencing.
B. 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 tire protection systems.
B. Existing commercial buildings containing 4,000 or more gross 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.
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§ 78-12. Building with Hazard Occupancies.
Automatic fire protection systems may he 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 five or more dwelling units,
regardless of square footage or number of stories, shall require automatic fire
protection systems.
ARTICLE III
PLAN REVIEW, PERMIT, AND INSPECTION FEES
§ 78-20. Plan Review; Permits. 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. In addition to any fees paid at the time of application for a
building permit pursuant to Chapter 51 of the Code of Ordinance of the City of Ocoee,
at the time of such application, the applicant shall also pay the following nonrefundable
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plan review fee for review by the Fire Department to be collected by the Building
Department:
A. Plan Review:
(1) Residential: no fee.
(2) Commercial: one-half of one percent (1/2 of 1%) of value of
construction.
B. Value of construction for purposes of calculating the above fee
shall be determined in accordance with § 51-128 of the Code of
Ordinances of the City of Ocoee.
C. There shall be no additional charge for initial inspection
conducted by the Fire Department.
D. Plan review fees shall not be charged for construction projects
when construction plans or drawings are not required.
§ 78-21. Reinspections; fees. 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:
A. First reinspection: twenty five dollars ($25.00)
B. Second and subsequent reinspections for the same
noncompliance: forty dollars ($40.00)
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The reinspection fees set forth above shall be collected by the Building
Department.
§ 78-22. Burn Permits. No open burning shall he 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-day
period and the hours as specified on the permit.
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 one hundred dollars ($100.00) and shall be collected by
the Fire Department.
§ 78-23. Other Inspections; fees. The Fire Department shall also
perform the following inspections, which shall have the permit fees indicated:
A. Firework Displays — fifty dollars ($50.00)
B. Fire Hydrant Flow Tests — fifty dollars ($50.00) per hydrant
The permit fees set forth above shall be collected by the Fire
Department.
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
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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 Code of Ordinances of
the City; and that sections of this Ordinance may be renumbered or relettered and the word
"ordinance" may he 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 he authorized by the City
Manager, without need of public hearing, by filing a corrected or recodified copy of same with
the City Clerk.
SECTION 6. 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
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 7. Effective Date. This Ordinance shall become effective immediately
upon passage and adoption.
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PASSED AND ADOPTED this day of , 2002.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED March 7, 2002
READ FIRST TIME March 5, 2002
READ SECOND TIME AND ADOPTED
, 2002
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM
AND LEGALITY
this day of , 2002.
FOLEY & LARDNER
By:
City Attorney
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