HomeMy WebLinkAboutO-11434ri
J-96-1175
12/2196
ORDINANCE NO. 11434
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, RELATED TO FIRE
PROTECTION PENALTIES, PERMITS AND FEES,
THEREBY: (1) INCREASING CHARGES FOR
INSPECTION AND TESTING OF FIRE SUPPRESSION
SYSTEMS; (2) ESTABLISHING A FIRE SAFETY PERMIT;
(3) PROVIDING A SCHEDULE OF FEES FOR THE
ISSUANCE AND ANNUAL RENEWAL THEREOF; (4)
PROVIDING FOR REVOCATION AND CIVIL AND
CRIMINAL PENALTIES; (5) PROVIDING FOR THE USE OF
SAID FEES; MORE PARTICULARLY BY AMENDING
SECTIONS 2-409 AND 19-2 AND ADDING NEW
SECTION 19.2.1 TO SAID CODE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 14-53 of the Code of Metropolitan Dade County, as amened
(°Dade County Code") provides that no person who is required to obtain a permit
issued by the Fire Department having jurisdiction pursuant to the provisions of the
Dade County Code or the South Florida Fire Prevention Code, shall operate, utilize or
occupy, or cause, allow, let, permit or suffer to be operated, utilized or occupied any
facility, instrumentality or real property, in the incorporated or unincorporated areas of
Dade County, without a valid permit; and e
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WHEREAS, Section 14-53 of the Dade County Code further provides that all
applications for such permits shall be on a form prescribed by the Fire Department
having jurisdiction and accompanied by the required fee, which is to be established by
the governing body of the municipality; and
WHEREAS, within the jurisdiction of the City of Miami the criterion for issuance
of a permit by the City of Miami Department of Fire-Rescuie is established by the South
Florida Fire Prevention Code, Chapter 14 of the Dade County Code, and Chapter 19 of
the Code of the City of Miami, Florida, as amended;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this
Ordinance are hereby adopted by reference thereto and incorporated herein as if fully
set forth in this Section.
Section 2. Section 2-409 and Section 19.2 of the Code of the City of Miami,
Florida, as amended, are hereby amended in the following particulars:1'
"Sec. 2-409. Schedule of civil penalties.
Coale Description of Civil
Section Violation Penalty
CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
2-75 Failure to have a valid certificate of use $100.00
11 Words and/or figures stricken through shall be deleted. Underscored
words and/or figures shall be added. The remaining provisions are now
in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
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9,21 ESilurs to have valid fire safety ueMiy, S100.00
A • A A • • e w ♦ •M
"Sec. 19-2. Charges for inspection and testing of fire suppression
detection and systems, charges for reinspection tests.
(a) All new buildings and all existing buildings being altered to
increase the area or height (with the exception of residential buildings
which contain one (1) or two (2) units) which have available fire hydrants,
shall be in compliance with Chapter 2, Article XIVA, 'Water Supply for
Fire Suppression," of the Metropolitan Dade County Code. The
inspection fee for a fire flow test shall be one hundred fifty-four dollars
($154.00).
For flow test information calculations $50.00
(for requests other than building permits)
« « « « « « « « « «
(c) All new and existing buildings having fire alarm or sprinkler
systems installed as required by the South Florida Building Code or the
South Florida Fire Code shall be inspected and tested by the fire
department. The fee for these tests shall be as follows:
0-2 floors
3-6 7 floors (buildings under 751
6 fleeFe and above
In buildings 75'and over but less than 275'
In buildings 275' and over
Heins 'on for alarm acceptance
w « « • • • •
$ 62:50 1$ 00.00
27fia 150.00
Section 3. New Section 19.2.1 is hereby added to the Code of the City of
Miami, Florida, as amended, as follows:
"Sec. 19.2.1. Fire safety permit required; issuance; fees; annual renewal;
revocation and penalties; use of fees.
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(a) Permit Required. No person shall operate, utilize or occupy
any facility, instrumentality or real property, or any part thereof, or cause,
allow, let, or permit to be operated, utilized, or occupied any facility,
instrumentality or real property, or any part thereof, or undertake any
activity or cause to be undertaken any activity which requires a fire safety
permit without obtaining such a valid fire safety permit. Fire safety
permits shall be kept at the building or on the premises, and shall be
subject to inspection by any representative of the Department of Fire -
Rescue. Fire safety permits shall not be transferable, and any change in
use, or occupancy of the facility, instrumentality or real property, or any
part thereof or premises shall require the issuance of a new fire safety
permit. All applications for fire safety permits shall set forth in detail the
full name and address of the applicant, and such other information as may
be required by the Department of Fire -Rescue, and the required fee. All
applications for fire safety permits will be reviewed by the Fire Marshal's
office. If an application for a fire safety permit is rejected, the applicant
shall be advised of the reasons for such rejection. Fire safety permits
shall be issued by the Fire Marshal's office, and shall bear the name and
signature of the Fire Marshal or his/her designated representative.
Fire safety permits shall contain the following information:
(i) Address of the building or premises and/or part thereof for
which the fire safety permit is issued and name, address,
and telephone number of the permittee.
(ii) Address or location and telephone number where the
operation or activity requiring the issuance of a fire safety
permit is to be conducted and name, address, and
telephone number of the permittee.
(iii) Fire safety permit number and date of issuance.
(iv) Period of validity of the fire safety permit.
(v) Such special conditions as are necessary to protect life and
property.
(b) Fire safety permits issued for occupancy of buildings or
premises or part thereof. (i) Persons holding certificates of use: Within
thirty (30) days of the effective date of this ordinance the city shall mail an
invoice requiring the payment of the fire safety permit fee, in accordance
with the fee schedule set forth in this subsection, to all persons holding a
certificate of use issued by the city's building and zoning department.
Upon payment of the required fee the Department of Fire -Rescue shall
issue the fire safety permit; (ii) Persons applying for certificates of use:
All persons applying for a certificate of use shall concurrently with such
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application make an application for a fire safety permit to the Department
of Fire -Rescue. The fire safety permit shall not be issued until the
building, or premises, or part thereof have been inspected and the use
thereof is found to comply with the South Florida Fire Prevention Code,
county fire prevention ordinances and this chapter.
The fees for the issuance of the fire safety permit for
occupancy of buildings, or premises or part thereof, and the issuance of
the annual renewal certificate, are herein fixed as follows:
(1) Place of assembly
Theaters:
Occupant load 500 or less $50.00
Occupant load more than 500 75.00
Restaurants, lounges, bars, etc.
Occupant load 200 or less 50.00
Occupant load more than 200 75.00
(2) Residential (apartments and condominiums)
Buildings less than 75' (3-50 dwelling units) 50.00
Buildings less than 75' (more than 50 dwelling units) 75.00
Buildings 75' and over but less than 275' 100.00
Buildings 275' and over 200.00
(3) Hotel, motel, rooming house, etc.
Buildings less than 75' (3-50 rental sleeping units) 50.00
Buildings less than 75'
(more than 50 rental sleeping units) 75.00
Buildings 75' and over but less than 275' 100.00
Buildings 275' and over 200.00
(4) Retail sales
Not exceeding 50,000 sq. ft. 50.00
Exceeding 50,000 sq. ft. 100.00
(5) Wholesale and storage use
Not exceeding 50,000 sq. ft. 50.00
Exceeding 50,000 sq. ft. 100.00
(5) Office buildings
Not exceeding 25,000 sq. ft. (under 75') 50.00
Exceeding 25,000 sq. ft. (under 75') 75.00
Buildings 75' and over but less than 275' 100.00
Buildings 275' and over 200.00
(7) Manufacturing
Not exceeding 50,000 sq. ft. 50.00
Exceeding 50,000 sq. ft. 100.00
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(6) Parking structures
(9) Amusement parks, dog tracts, and frontons,
including all retail outlets located at the principal
building structure 100.00
(10) Arenas, bowling lanes, dance halls, banquet facilities 100.00
(11) Hospitals and nursing homes
Not exceeding 100 beds
Exceeding 100 beds
(12) Community -based residential facilities (ALF) 50.00
(13) Private schools
(grades pre-k-12 or any combination thereof),
day care centers, and nursery schools 50.00
(14) Marinas
50 or less boatslips 50.00
More than 50 boatslips 100.00
(15) Hi rise buildings (shell)
Buildings 75' and over but less than 275' 100.00
Buildings 275' and over 300.00
(15) Miscellaneous
All uses not previously covered by this
section shall be assessed the fee provided under
"retail sales"
(17) Welding or cutting (exception: job sites) 150.00
(c) Fire safety permits issued for activities as set forth in this
subsection c. Application for a fire safety permit shall be made to the
Department of Fire -Rescue by all persons who are not required to hold a
certificate of use who are utilizing, or occupying any facility,
instrumentality or real property or any part thereof, or undertaking any
activity or causing to be undertaken any activity which requires a fire
safety permit as provided in this subsection c below. All applications for
fire safety permits shall set forth in detail the full name and address of the
applicant and such other information as may be required by the
Department of Fire -Rescue, and the required fee.
The fees for the issuance of the fire safety permit for the
operations and activities set forth below, and the issuance of the annual
renewal certificate, if applicable, are herein fixed as follows:
(1) Turbine fire wells
wo
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140.00
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(2) Hydrant use test
Construction meters
Pest control, lawn spraying, etc.
(fees are annual per meter) 100.00
(a) Tents (circus, carnival, etc.)
Having an area in excess of 1200 sq. ft.
Each use 50.00
(4) Sparkler sales
Sale of sparklers requires submittal of inventory
and site plan.
(fees are annual) 50.00
(5) Open burning permits 50.00
(e) Liquefied petroleum gas
Each installation of liquefied petroleum gas employing
a container or an aggregate of interconnected containers
of over 2,000 gallons outside of a building
(fees are annual) 150.00
(7) Tank removal fee 100.00
(8) Drilling of groundwater monitor or compliance wells
at all existing or abandoned underground flammable
liquid storage sites 100.00
(d) Annual renewal. All buildings and premises or part thereof
shall be inspected from time to time to insure compliance with the
provisions of all applicable fire codes, county fire prevention ordinances,
regulations, and this chapter. Invoices for the issuance of the annual fire
safety permit renewal certificate will be billed during the year. Upon
payment of the fee, the annual fire safety permit renewal certificates will
be issued by the Department of Fire -Rescue. The owner of the building
or the premises or part thereof, and/or the permit holder shall be notified
of any deficiencies noted, and appropriate reinspection may be made to
determine whether or not the deficiencies have been corrected. When a
reinspection is required due to continuing life safety violations after the
second inspection by the Department of Fire -Rescue, there shall be
charged a reinspection fee of fifty dollars ($50.00).
(e) Revocation, penalties. The Fire Marshal may revoke the fire
safety permit, if upon inspection, any violation of any applicable fire code,
county fire prevention ordinances, or this chapter is found, and not
corrected within a reasonable amount of time. Revocation shall be
effective when the owner of the building or premises or part thereof,
and/or the permit holder is duly notified by the Fire Marshal. Any person
who uses any building or premises or part thereof, or who allows any
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building or promises or part thereof to be utilized after the fire safety
permit has been revoked shall be in violation of this chapter and shall be
subject to civil and/or criminal penalties in accordance with the provisions
of sections 19-16-19-20 of this chapter and sections 2-239 and 2409 of
article X of this code.
(0 Use of fire safety permit flee funds. The fire safety permit
fees payable hereunder shall be deposited in a separate city fund to be
used exclusively by the Department of Fire -Rescue to pay for the costs of
the following:
(1) Investigation, preparation, and prosecution of civil
and criminal actions, pursuant to this chapter, county
ordinances or the South Florida Fire Prevention
Code, to enforce the provisions of this chapter,
county fire prevention ordinances, the South Florida
Fire Prevention Code, or the rules and regulations of
the State Fire Marshal, as all of same may be
amended from time to time.
(2) Monitoring, permitting, and inspection of facilities,
instrumentalities, and real property to determine and
seek to insure compliance with this chapter, county
fire prevention ordinances, the South Florida Fire
Prevention Code, or the rules and regulations of the
State Fire Marshal, as all of the same may be
amended from time to time.
(3) Responding to and attempting to resolve citizen
complaints against violations or possible violations of
this chapter, county fire prevention ordinances, the
South Florida Fire Prevention Code, or the rules and
regulations of the State Fire Marshal, as all of same
may be amended from time to time.
(4) Fire safety and prevention planning, protection, and
programming."
Section 4. All ordinances or parts of ordinances insofar as they are
inconsistent or in conflict with the provisions of this Ordinance are hereby repealed.
Section 5. If any section, part of section, paragraph, clause, phrase or word of
this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not
be affected.
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11434
Section 6. This Ordinance `hell become effective thirty (30) days after final
reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this i 2 Lb day of
December , 1996.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 16th day of TanUar! , 1996.
ATTEST:
WALTER J. , CITY CLERK
PREPARED AND APPROVED BY:
JULIE OFELIA BRU
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
A.'QtARN JOWS, III
CITY ATTORNEY
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To The Honorable Mayor and DATE December 2, 19% FILE
Members of the City Conunission
SuvECT Ordinance amending
Section l 9.2 of the Code of
the City of Miadni
Edward REFERENCES
City Manager
ENCLOSURES
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the attached ordinance
amending Sections 19-2 and 2-409 of the Code of the City of Miami, Florida.
BACKGROUND
Presently, the Department of Fire -Rescue provides annual inspections to business and
multi -fancily residential occupancies free of charge. As a result of the current fiscal
emergency, the City is presently identifying practical, responsible and equitable revenue
enhancement options. Section 166.221 of the Florida Statutes authorizes local
governments in Florida to levy reasonable regulatory fees commensurate with the cost of
the regulatory activities. The Department of Fire -Rescue has obtained information that
other local governments do charge a fire permit fee for certain inspections. Furthermore,
the South Florida Fire Prevention Code (adopted by all jurisdictions in Dade County )
states that a permit from the fine department having jurisdiction shall be required for any
occupancy, condition, facility, use, or process which presents or may present a danger to
the public health, safety, or welfare. Therefore, we are proposing the institution of a
Fire Permit fee and adjusting the existing fee schedules within Sections 19-2 and 2-409
of the Code of the City of Miami, Florida.
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