Ordinance No. 57-97-20 v ORDINANCE NO. 57-97-20
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 7, FIRE PREVENTION AND PROTECTION, IN
ITS ENTIRETY AND RENAMING CHAPTER 7 AS FIRE PROTECTION
AND LIFE SAFETY CODE, AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Chapter 7 of the Code of Ordinances of the City of Atlantic Beach,
Florida, is hereby amended in its entirety by adding new Sections 7-1 through 7-29 which shall
replace all existing sections of Chapter 7, and the new sections shall read as follows:
SEE ATTACHED
SECTION 2. This Ordinance shall take effect October 1, 1997.
PASSED by the City Commission on first reading this AS day of c' d ,
1997.
PASSED by the City Commission on second and final reading this /1 t4 day of
ulLt , 1997.
ATTEST:
M UREEN KIN U .LYMA T. FLETCHER
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
LANNSEN, ESQUIRE
City Att ey
An Ordinance amending Chapter 7 Fire Prevention and Protection of the Code of Ordinances of
the City of Atlantic Beach, Florida.
Article 1 In General
Section 7-1. Title
The provisions of this chapter shall constitute and shall hereafter be known as Fire Protection and
Life Safety Code of the City of Atlantic Beach, Florida.
Section 7-2. Reward for information
The City may pay when authorized by the City Manager as a reward to any person an amount not
to exceed one hundred dollars ($100.00) for any one occurrence, for information leading to the
arrest and conviction of any person found guilty of maliciously setting a fire within the City.
Article II Fire Prevention and Life Safety
Section 7-3. Purpose and Intent
A. The purpose and intent of this article is to prescribe minimum requirements and controls to
safeguard lives, property and public welfare from the hazards of fire and explosions. This will
include identifying and correcting hazardous conditions resulting from improper storage,
handling, and use of substances, materials or devices. It will also include inspections and
evaluations of the designs, uses or occupancies of buildings, structures, sheds, tents, lots, or
any other premises within the jurisdiction of the City and identified by City Code.
B. The provisions of this article shall apply to existing conditions as well as to conditions arising
after adoption thereof. Prior to applying the requirements of this article to an existing
condition, the Fire Official shall determine that a threat to life, safety or property exists. If
such a threat exists, the Fire Official shall apply the appropriate provision of this article to the
extent practical to assure that a reasonable degree of life, safety and property protection is
maintained.
Section 7-4. Definitions
A. "Authority having jurisdiction" shall mean the Fire Official of the City, as defined in that
certain code known as the Life Safety Code referenced in sec.7-7. of this chapter.
B. "Complete automatic sprinkler system" shall mean a complete automatic sprinkler system as
described in the applicable National Fire Protection Association (NFPA) standards.
C. "Fire Official" shall mean the Chief of the Fire Department or his/her designee.
D. "Gross floor area" shall mean the area within the inside perimeter of the outside walls of the
building under consideration with no deduction for hallways, stairs, closets, thickness of the
interior walls, columns or other features.
E. New additions or expansions shall mean the alteration of a building ( other than 1 and 2 family
dwellings) to increase occupancy, usable floor space or number of living units or the
remodeling or renovation of a building which equals or exceeds the cumulation total of fifty
(50) percent of the assessed value (as stated in the curent building evaluation data sheet) of
the structure either:
1) Before the repair or improvements started; or
2) If the structure has been damaged and is being restored, before the damage occurred.
Section 7-5. Codes Adopted
A. The following model codes are adopted in their entirety as additions to the text of this article.
The text of these adopted model codes shall be fully enforceable as other regulations adopted
under the provisions of this article as if the same were incorporated and set forth at length
herein. Model codes adopted pursuant to this article shall not waive any provisions of this
chapter or be less restrictive than its provisions.
1) Standard Fire Prevention Code, 1994 edition, as published by the Southern Building
Code Congress International Inc.
2) Life Safety Code 101, 1994 edition, as published by the National Fire Protection
Association, Inc.
B. One (1) copy of the adopted model codes has been and is filed in the office of the City Clerk.
Note: Cross references and State Law references stay as they appear in the current code
Section 7-6. Inspection
A. The Fire Official shall cause to be inspected all buildings and premises ( other than 1 and 2
family dwellings) including such other hazards or material items for the purpose of
ascertaining and causing to be corrected conditions which would reasonably tend to cause fire
or contribute to its spread, or any violation of the purpose or provisions of this article and of
any other law or standard affecting Fire Safety.
B. When an apparent structural hazard is caused by the faulty installation, or malfunction of any
of the items or devices listed in section 7-10., the Fire Official shall immediately order the
correction of the hazards as required by this article and shall notify the Building Official of
such hazards for correction under chapter 6 of the Code of Ordinances of the City.
Section 7-7. Right of Entry
A. To the full extent permitted by law, the Fire Official, engaged in fire prevention and inspection
work, is authorized at all reasonable times to enter and examine any building, structure,
marine vessel, vehicle, or premises for the purpose of making fire safety inspections. Before
entering a private building or dwelling, the Fire Official shall obtain the consent of the
occupant thereof or obtain a court warrant authorizing entry for the purpose of inspection
except in the instances where an emergency exists. As used in this section, "emergency"
means circumstances that the Fire Official has reason to believe exist, and may constitute
immediate danger to life and property.
B. Persons authorized to enter and inspect buildings, structures, marine vessels, vehicles, and
premises as herein set forth shall be identified by proper credentials issued by the City.
C. It shall be unlawful for any person to interfere with the Fire Official carrying out any duties or
functions prescribed by this article.
D. It shall be unlawful for any unauthorized person to use an official badge, uniform, or other
credentials to impersonate a Fire Official for the purpose of gaining access to any building,
structure, marine vessel, vehicle, or premises in this jurisdiction.
E. No person, owner or occupant of any building or premises shall fail, after proper credentials
are displayed, to permit entry into any building or onto any property by the Fire Official for
the purpose of inspections pursuant to the chapter.
Section 7-8. Notice to eliminate dangerous conditions.
A. Whenever the Fire Official shall find in any building, or upon any premises, dangerous or
hazardous conditions or materials as follows, there shall be issued such notice or orders to
remove or remedy the conditions as may be necessary for the protection of life and property
from fire and smoke:
1) Dangerous or unlawful amounts of combustible or explosive or otherwise
hazardous materials;
2) Hazardous conditions arising from defective or improperly installed equipment for
handling or using explosive or otherwise hazardous materials;
3) Dangerous accumulations of rubbish, waste paper, boxes, shavings or other highly
combustible materials;
4) Accumulations of dust or waste material in air conditioning or ventilation, systems or of
grease in kitchen or other exhaust ducts or inadequate clearness to unprotected
combustible material from hoods, grease extractors and ducts;
5) Obstruction to or on fire escapes, designated access openings in exterior walls for Fire
Department use, stairs, passageways, doors, or windows, liable to interfere with the
operations of the Fire Department or egress of occupants in case of fire;
6) Any building or other structure which for, lack of adequate exit facilities,
automatic or other fire alarm apparatus or fire extinguisher, or equipment, creates a
hazardous condition.
B. Whenever the Fire Official deems any chimney, smokestack, stove, oven, incinerator, furnace
or other heating device, electric fixture or any apparatus thereto, regulated under a nationally
approved standard as adopted by section 7-7 of this ordinance in or upon any building,
structure, or premises not specifically mentioned in this article, to be defective or unsafe so as
to create an immediate hazard, he shall serve upon the owner or the person having control of
the property, a written notice to repair or alter as necessary and shall notify any other
authority enforcing codes regulating such equipment. He may affix a condemnation tag
prohibiting the use thereof until such repairs or alterations are made. When affixed, such tag
may be removed only by order of such Fire Official or his/her duly authorized representative
and may be removed only when the hazard to which the order pertains has been eliminated in
an approved manner. Until removed, that item or device which has caused the hazard shall
not be used or be permitted to be used.
Section 7-9. Service of orders
The service of orders for the correction of violations of this article shall be made upon the owner,
occupant or other person responsible for the conditions, either by delivering a copy of same to
such person or by delivering the same to and leaving it with any person in charge of the premises,
or in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous
place on the door to the entrance of the said premises. Whenever it may be necessary to serve
such an order upon the owner of the premises such order may be served either by delivering to
and leaving with the said person a copy of the said order, or, if such owner is absent from the
jurisdiction of the officer making the order by sending such copy by certified or registered mail to
the owner's last known post office address.
Section 7-10. Compliance
Any order or notice issued or served as provided in this article shall be complied with by the
owner, operator, occupant or other person responsible for the condition or violation to which the
order or notice pertains. Every order or notice shall set forth a time limit for compliance
dependant upon the hazard and danger created by the violation.
Section 7-11. Authority to require exposures or stop work
A. Whenever any installation that is subject to inspection prior to use is covered or concealed
without having first been inspected, the Fire Official may require by written notice that such
work be exposed for inspection. The Fire Official shall be notified when the installation is
ready for inspection and the Fire Official shall conduct the inspection within a reasonable
period of time.
B. When any construction or installation work is being performed in violation of the plans and
specifications as approved by the Fire Official, a written notice shall be issued to the
responsible party to stop work on that portion of the work that is in violation. The notice
shall state the nature of the violation, and no work shall be continued on that portion until the
violation has been corrected.
Section 7-12. Appeals
A. Any person aggrieved by an order issued under this article may appeal such order in
accordance with the procedures established in the standard Fire Prevention Code, as adopted
in section 7-7. of this article.
B. In the event of a conflict between the Building Code as established in Chapter 6 of the Code
of Ordinances of the City, and this article, it shall be resolved in accordance with section
553.73, F.S.
Section 7-13. Summary Abatement
A. The Fire Official shall have the authority to summarily abate any condition that is in violation
of any provision of this chapter and that presents an immediate hazard to life and property.
B. When, in the opinion of the Fire Official, there is actual danger to the occupants or those in
proximity of any building, structure or premises because of unsafe structural conditions or
inadequacy of any exit way, the presence of explosives, explosive fumes or vapors, flammable
liquids, vapors, gases or materials, the Fire Official may order the immediate evacuation of
such building, structure or premises and no one shall enter or reenter until authorized to do so
by the Fire Official. In addition, the Fire Official may order the disconnection of electric and
gas utility services from such building, structure or premises and no one shall reconnect utility
services until authorized to do so by the Building Official.
Section 7-14. Penalties And Other Remedies For Violations
A. Failure to comply with any provision of this article or any lawful order of the Fire Official shall
constitute a misdemeanor of the second degree, punishable by a fine of not more than five
hundred dollars ($500.00), or by imprisonment for not more than ten(10)days, or by both a
fine and imprisonment. Each day that a violation continues shall be a separate offense, In
accordance with section 633.171 F.S.
B. The City may use any appropriate actions or proceeding at law or in equity for the
enforcement of this chapter, and any court of competent jurisdiction shall have the right to
issue restraining orders, temporary or permanent injunctions or mandamus or other
appropriate forms of remedy or relief.
C. The City may enforce this chapter using the proceedings set forth in Chapter 2 Administration,
Article V, Division 2, Code Enforcement Board, of the Code of Ordinances, City of Atlantic
Beach, Florida, as prescribed in 162 F.S.
Section 7-15. Authority To Investigate Fires
A. The Fire Official shall investigate the cause, origin and circumstances of each and every fire
occurring in the City involving the loss of life or injury to persons, or destruction or damage
to property. A written report shall be made of all facts and findings in relation to each fire
investigation.
B. If it appears that the fire is of suspicious origin, the Fire Official shall immediately notify the
police department and shall assist the police department as necessary in its investigation.
Section 7-16. Key Vault Requirement
The Fire Official may require the installation and maintenance of a key vault security system in
such buildings or structures where security precautions and protective devices may unreasonably
delay the entry of the fire department in time of emergency.
Section 7-17. Fees
The following fee schedule relates to plan(s) examinations, inspection, and testing of fire safety
and fire extinguishing apparatus and permits excluding home occupations and residential.
Fees
A. Fire safety inspection for the purpose of
obtaining an occupational license $35.00
B. Plans review& Final inspection for $50.00
Certificate of Occupancy
C. Fire safety re-inspections $25.00
D. Annual fire safety inspection $25.00
E. Fire alarm annual inspection $35.00
F. Fire standpipe annual inspection $50.00
G. Fire sprinkler system annual inspection $50.00
H. Fire suppression hood systems annual inspection $25.00
PERMIT FEES
I. Open burning, each permit $15.00
J. Flammable/combustible storage(annual) $20.00
K. Flammable/combustible spraying or dipping(annual) $20.00
L. Storage/sales fireworks, each permit $35.00
M. Fumigation, each permit $20.00
N. Hazardous materials storage/use (annual) $50.00
O. High piled combustible storage (annual) $20.00
P. Liquefied and compressed gases (annual) $20.00
Q. Any other required permit as prescribed by the Standard
Fire Prevention Code. $15.00
Section 7-18. Automatic Fire Sprinkler Requirements
A. All new buildings or existing buildings incorporating new additions or expansions, except one
or two family dwellings, shall be equipped with a complete automatic sprinkler system;
1) Where the combined total occupant load is three hundred (300) persons or more.
2) Where an assembly occupancy is located above or below the level of exit discharge,
regardless of occupant load.
3) Where the building is used as an educational, health care, ambulatory health care or
residential board and care occupancy.
4) In any and all areas below the level of exit discharge.
5) In all buildings over seven thousand (7,000) square feet of gross floor area of all floors
combined.
6) In all buildings over three (3) or 35 feet in height regardless of gross floor area.
B. The Fire Official may omit sprinkler heads in areas of buildings or structures as follows:
1) In areas containing electrical equipment or telephone equipment, not over one hundred
(100) square feet in gross floor area.
2) In small compartment areas such as closets not over twenty-four(24) square feet and
bathrooms not over fifty-five(55) square feet in gross floor area.
C. All automatic fire sprinkler systems shall be electronically supervised to detect water flow.
Such supervision shall be at a location, approved by the Fire Official, constantly attended by a
competent person trained and equipped to alert the fire department in the event of a water
flow signal.
Section 7-19. Building Permits
A permit ( other than 1 and 2 family dwellings) for construction, erection, alteration, repair or
demolition shall not be issued until the Fire Official has reviewed the plans and specifications for
such proposal and the Fire Official has found the plans to be in compliance with this article and
Chapter 553 and 633. F.S. (See Attachment E)
Section 7-20. Smoke Detection Power Source
All smoke detectors installed to protect sleeping areas shall be powered by a permanent
connection to an AC power source with a battery backup.
Section 7-21. Hazardous Materials Identification And Information
A. There is hereby adopted by the City for the purpose of prescribing regulations to identify
hazardous materials manufacturing, storage and use facilities that certain code known as
NFPA 704 "Identification of the Fire Hazards of Materials", 1994 edition, of the National Fire
Protection Association. One (1) copy of the subject code has been and is filed in the office of
the City Clerk and the same is hereby adopted and incorporated as fully as if set out at length
herein, and from the effective date of this section, the provisions of said standard shall control
within the limits of the City.
B. The Fire Official may require the installation of a weather proof box containing up-to-date
hazardous materials, safety data sheets, on the extension of such buildings or structures that
contain quantities of hazardous materials. It shall be responsibility of the occupants storing,
handling or using the hazardous materials to maintain this information as correct.
Section 7-22. Fire Hydrants and Fire Department Connections
A. All new buildings or structures, except one and two family units shall be protected by a fire
hydrant connected to a public water main capable of supplying the necessary water for fire
protection. Such fire hydrant shall be located within three hundred (300) feet of the protected
building and shall be arranged so that hose may be distributed to any portion of the building at
distances not exceeding four hundred (400) feet.
1) Access to Hydrant
a. Three (3) foot radius clear lane to the street.
b. Fire Department connections within fifty (50) feet and same side of street as the
hydrant.
2) Access to building by Fire Department apparatus
a. Street - Thirty eight (38) foot inside and fifty(50) foot outside turning radius
b. Parking lot - twenty three feet two inches (23.2) inside turning radius and Forty (40)
foot outside.
3) Fire lanes
a. Must be marked and posted by the owner/occupant.
1. Curb must be marked
2. Signs seventy five (75) feet apart not more than seven (7)feet in height to the
bottom of the sign, the size of the sign must be eighteen(18)by twenty-four(24)
inches with white background.
B. The Fire Official may modify this requirement when automatic fire sprinkler protection is
provided.
C. The cost of fire hydrant protection and necessary water system extension shall be the
responsibility of the developer.
Section 7-23. Open Burning
A. There shall be no open burning in the City without first obtaining a permit from the Fire
Official and paying the appropriate permit fee.
B. Any one failing to comply with the provisions of this article are subject to fines and penalties
as set forth in Section 7-14. of this article.
Section 7-24. Street Address Identification
The street address, shall comply with Chapter 6 of the City code of ordinances.
Section 7-25. Permits and Certificates
General Provisions
A. A permit shall constitute permission to maintain, store or handle materials, or to conduct
processes which produce conditions hazardous to life or property, or to install equipment used
in connection with such activities as referenced in chapter 4 of the Standard Fire Prevention
Code.
B. Such permit shall not be a substitute for any license required by law. A permit shall not be
transferable and any change in use as occupancy of a building or premises shall require a new
permit.
C. A permit shall continue until revoked or for such a period of time as designated at time of
issuance.
D. Inspection before issue
1) Before a permit may be issued, the Fire Official shall inspect and approve the
receptacles, vehicles, buildings, structures, or storage areas to be used and the owner or
occupant shall verify to the Fire Official that a Certificate of Occupancy has been issued by
the Building Official for that occupancy classification.
2) In cases where laws or regulations enforceable by departments other than the fire
department are applicable,joint approval shall be obtained from all departments
concerned.
E. Applying for a permit
1) The application for a permit shall be made in the form prescribed by the Fire Official and
contain the following information:
(a) The signature of the applicant.
(b) A statement of the intended use of the building or structure or operation to be
conducted on the premises.
(c) Plans when required by the Fire Official.
F. Conditions of Permits
1) The Fire Official shall act upon a application for permit without unreasonable delay and
when issued such permit shall remain on the premises designated therein and shall at all
times be subject to inspection.
2) Whenever the provision of this code requires more than one permit for the same
establishment or location, such permits may be combined into a single permit, but each
provision shall be listed in the permit.
G. Compliance with permit
All permits issued under this code shall require that the applicant, his agents and employees shall
carry out the proposed activity in compliance with all the requirements of this code and any other
laws or regulations applicable thereto, whether specified in the permit or not in complete
accordance with the approved plan and application.
H. Revocation of permit
The Fire Official may revoke a permit issued under this code when it is found by inspection or
otherwise that any one of the following conditions exist:
1) The permit is used for a location or establishment other than that for which it was issued.
2) The permit is used for a condition or activity other than that listed in the permit.
3) Conditions and limitations set forth in the permit have been violated.
4) There have been false statements or misrepresentation as to a material fact in the
application for permit or plans submitted or a condition of the permit.
5) The permit is used by a different person or firm other than the name for which it was
issued.
Section 7-26. Fireworks
Shall be regulated in accordance with Chapter 791 F.S. and Chapter 4A-50 Division of State Fire
Marshal Uniform Fire Safety Rules and Standards
A. Any one wishing to sell approved fireworks within the City of Atlantic Beach shall meet and
conform to the following:
1) meet all requirements of Chapter 791 F.S.
2) obtain a permit from the Fire Official
3) conform to the provisions of approved permit.
4) and any other requirement by City Ordinance not covered in this chapter.
B. Storage of approved fireworks shall be at the decision of the Fire Official and shall meet the
following minimum requirements:
1) Fireworks may be stored/sold inside structures only if the structure is equipped with an
approved automatic extinguishing system and shall be limited to 50 lbs(of total package
weight)
2) Fireworks stored outside of a structure shall be placed in a container not less than 100 ft.
from any occupied structure as approved by the Fire Official.
Section 7-27. Occupant Load/Overcrowding
A. Signs stating the maximum occupant content shall be conspicuously posted by the
owner/occupant of the building in each assembly room, auditorium or room used for a similar
purpose. It shall be unlawful to remove or deface such notice.
B. No person shall permit overcrowding or admittance of any person beyond the approved
capacity of any place of public assembly. The fire official or police department, upon finding
any overcrowded conditions or obstructions in aisles, passageways or other means of egress,
or upon finding any condition which constitutes a serious menace to life, shall cause the
performance, presentation, spectacle or entertainment to be stopped until such condition or
obstruction is corrected. (Refer to Life Safety Code for calculating occupant load associated
with the use.)
Section 7-28. False Silent Alarms
A. Any person knowingly communicating by any means, or otherwise turning in, causing to be
made a false alarm, including but not limited to audible or visual alarms, to the Police
Department, Fire Department, or to any person engaged in the business of receiving and
reporting silent alarms to the Police or Fire Department shall be in violation of this section for
making in excess of two false alarms, per quarter of any calender year.
B. Any person or property owner after two false alarms per quarter, shall be in violation of this
section and shall be charged an administrative fee of fifty dollars($50.00)to cover the cost of
personnel and apparatus for each violation. Each additional false alarm after the two per
quarter allowance shall be considered a separate violation of this section.
Section 7-29. Modifications
The Chief of the Fire Department shall have power to modify any of the provisions of the fire
prevention code adopted by this article upon application in writing by the owner or lessee, or his
duly authorized agent, when there are practical difficulties in the way of carrying out the strict
letter of the code; provided, that the spirit of the code shall be observed, public safety secured and
substantial justice done. The particulars of such modification, when granted or allowed and
approved by the Public Safety Director and City Manager, the decision shall be entered upon the
records of the City, and a signed copy shall be furnished to the applicant.