Loading...
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.