VI(A3) Second Reading of Ordinance 2003-43 Amending Chapter 78 - Amendments to the FL Fire Code SR-AmendChaptet3'8 Agenda 10-21-2003
Item VIA3
Mayor Commissioners
S. Scott Vandergriti Danny Howell,District I
Scott Anderson,District 2
City Manager Rusty Johnson,District 3
Jim Gleason Nancy J.Parker,District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: Ron Strosnider, Fire Chief
DATE: September 10,2003
RE: Amend Chapter 78 of Code of Ordinances
ISSUE
Should the Honorable Mayor and City Commission adopt Ordinance 2003-43 to amend Chapter 78 of
the Code.
BACKGROUND/DISCUSSION
The State Fire Marshall, pursuant to § 633.0215, Florida Statutes, 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.
The Florida Fire Prevention Code became law on January 1, 2002 and rescinds all locally adopted fire
code requirements.
In order to comply with the changes the Ocoee Fire Department Fire Prevention Bureau is requesting:
(1) To adopt §78-8 -Procedures for Challenging Local Amendments to the Florida Fire Prevention
Code
(2) To establish Article IV of Chapter 78
(3) To include §78-24—Privately owned secured key access system which was previously included
in Chapter 78 and was deleted in error.
(4) To include §78-25 —To provide notice to owners of privately owned fire hydrants requesting
them to maintain,test, and make documentation be provided to Ocoee Fire Department.
RECOMMENDATION
Staff respectfully recommends the Honorable Mayor and City Commission to adopt Ordinance 2003-43,
related to amendments of Chapter 78 to include §78-8, Article IV, §78-24, and §78-25.
file://Y:\Fire\ORD_2003_43\SR AmendChapter78.htm 10/14/2003
ORDINANCE NO. 2003-43
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING CHAPTER 78 OF THE CODE OF
ORDINANCES OF THE CITY OF OCOEE RELATING TO
FIRE PREVENTION; PROVIDING PROCEDURES TO
CHALLENGE LOCAL AMENDMENTS TO THE FLORIDA
FIRE CODE; REQUIRING THE INSTALLATION OF A
SECURED KEY ACCESS SYSTEM FOR CERTAIN
STRUCTURES AS A LOCAL AMENDMENT TO THE
FLORIDA FIRE CODE; PROVIDING FOR
MAINTENANCE AND ANNUAL INSPECTIONS OF
PRIVATELY OWNED FIRE HYDRANTS AS A LOCAL
AMENDMENT TO THE FLORIDA FIRE CODE;
PROVIDING NOTICE; 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 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 Florida Fire Prevention Code became law on January 1, 2002 and
rescinds all locally adopted fire code requirements; and
WHEREAS, the City Commission desires to adopt procedures for challenging local
amendments to the Florida Fire Prevention Code; and
WHEREAS, the City Commission of the City of Ocoee desires to establish Article IV
of Chapter 78 of the Code of Ordinances of the City of Ocoee, Florida relating to Fire
Prevention; and
006.303174.2
WHEREAS, the City Commission of the City of Ocoee desires to adopt a local
amendment to the Florida Fire Prevention Code to strengthen the requirements of the minimum
fire safety code by requiring certain buildings to install a secured key access system; and
WHEREAS, the City Commission of the City of Ocoee desires to adopt a local
amendment to the Florida Fire Prevention Code to strengthen the requirements of the minimum
fire safety code by requiring the maintenance and annual inspection of privately owned fire
hydrants; and
WHEREAS, the City Commission desires to provide notice to owners of privately
owned fire hydrants of the adoption of Section 78-25 of Chapter 78 of the Code of Ordinances
of the City of Ocoee, Florida.
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. The City Commission of the City of Ocoee hereby adopts Article IV of
Chapter 78 of the Code of Ordinances of the City of Ocoee, Florida relating to Fire Prevention
as set forth in Exhibit "A" attached hereto and by this reference made part hereof.
SECTION 3. A new Section 78-8 of Chapter 78 of the Code of Ordinances of the City
of Ocoee, Florida is hereby adopted as follows:
§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
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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 ninety (90) days from the effective date of the amendment.
B. A hearing on the challenge shall be held by the City Commission within forty-
five (45) days from receipt of the challenge. The City Commission shall render
a decision on the challenge within thirty (30) days from the date of any such
hearing.
SECTION 4. Notice. The City Commission hereby directs the Chief of the Ocoee
Fire Department, or his designee, to provide written notice of the adoption of Section 78-25 of
Chapter 78 of the Code of Ordinances and a copy of the relevant requirements to all owners of
privately owned fire hydrants located within the City of Ocoee within thirty (30) days from the
effective date of the amendment.
SECTION 5. 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 6. 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
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Manager, without need of public hearing, by filing a corrected or recodified copy of same with
the City Clerk.
SECTION 7. 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 8. Effective Date. This Ordinance shall become effective immediately
upon passage and adoption.
PASSED AND ADOPTED this day of , 2003.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED October 9, 2003
READ FIRST TIME October 7, 2003
READ SECOND TIME AND ADOPTED
, 2003
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM
AND LEGALITY
this day of , 2003.
FOLEY & LARDNER
By:
City Attorney
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EXHIBIT A
ARTICLE IV
LOCAL AMENDMENTS
§78-24. 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 twenty-four (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 1, 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.
§ 78-25. Privately owned fire hydrants.
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 of
NFPA 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
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completed one (1) 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) thirty (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 (1) 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) thirty (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:
(1) 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 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-leum Safety Red.
E. Any person violating any provision of this chapter shall, upon conviction, be punishable
by a fine not to exceed five hundred dollars ($500.00).
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