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Home My WebLink AboutR-84-0190J=84=37 RFC/mm/1/16/84 t RESOLUTION NO. 84amjt�o A RESOLUTION URGING METROPOLITAN DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO AMEND OR REVISE THE SOUTH FLORIDA BUILDING CODE TO INCORPORATE MORE SPECIFIC REQUIREMENTS AND SAFEGUARDS FOR STORAGE OF PILED MATERIALS ON CONSTRUCTION SITES, E.G., SAND; GRAVEL, ROCK, UPON DUE STUDY AND RECOMMENDATION BY THE SOUTH FLORIDA BUILDING CODE BOARD OF RULES AND APPEALS, AND INSTRUCTING THE CITY CLERK TO DELIVER COPIES OF THIS RESOLUTION t0 THE DADE COUNTY COMMISSION AND THE FAMILY OF JAMIE KAYLOR. WHEREAS, it is a recognized concern that large piles of sand, gravel, and rock left on construction sites pose a great threat to the safety and life of young children; and WHEREAS, the City Commission, in remembrance of and with deepest sympathy, takes note of the tragic death of eight - year -old, Jamie Kaylor, on February 69 1980, as a result of a hazardous construction sandpile collapsing in upon him due to his playful activities; and WHEREAS, "The South Florida Building Code is dedicated to the development of better building construction and greater safety to the public through uniformity of building laws,... inspection and the protection of human life and property from fire and other hazards."; and WHEREAS, the South Florida Building Code Board of Rules and Appeals is charged with the duty of recommending desired amend- ments or revisions to the Code to the Board of County Commissioners; and WHEREAS, it is apparent that the Code does not sufficiently address the storage of piled material, more especially piled sand, on construction sites, commensurate with the potential threat to the safety and life of younq children; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA; Section 1. The Metropolitan Dade County Board of County Commissioners is hereby urged to amend or revise the South Florida Building Code to incorporate more specific requirements CITY COMMISSION MBF-TING OF FED f) is" I RFSOLU11,44 No. iE {` REMARKS. and safeguards for storage of piled materials on construction sites) e.q.) sands gravel# rock) upon due study and recommenda=. Lion to the Commission by the South Florida Building Code Board of Rules and Appeals. Section Z. The City Clerk is hereby instructed to deliver copies of this resolution to the Dade County Commission and to the family of Jamie Kaylor, PASSED AND ADOPTED this 9th_ day of February- ) 1984. TTEST�. ROALPH G. U ) PREPARED AND APPROVED BY: DEPUTY CITY ATTORNEY APPR VED TO FORM AND CORRECTNESS: if G UMn6LM-r Y ATTORNEY -page 2- Maurice A. Ferre _ MAURICE A. FERRE M A Y 0 R dItY oK MIAMI, Pl..6AI0A • ' • •INfiEJ3�CF�'1�� M�MC�RANOUM to. Howard V. Gary Cit% manager rROM. N• W•• Brice, Chief Director of Fire, pescue & Inspection Services Department OArm Ccto-ber 20; 199$ OiIL: Resolution urging amendment to :uwcct, South Florida Building Code AL : Improved safeguards for storage of piled materials on RcttmeNcest construction sites ENCLOSU»cft It is recommended that the South This is in response to the concern of the public and the City Commis- sion, and to avoid future tragedies such as the tragic death of Jamie Kaylor, an eight year old child who was playing in stock piled construc- tion -materials on February 6, 1980. Inasmuch as the South Florida Building Code, Board of Rules and Appeals is charged with the duty of recommending desired amendments or revisions of the Building Code to the Dade County Commission, it is appropriate that the City Commission, by Resolution to Dade County, request a study • of this serious threat to the safety and Life of young children. A courtesy copy of the City Commission's request to Dade County should also be sent to the Baylor family. sWB:lb c : �Fid N. ee Deputy e c T ms, 0 pu y Chief Santiago Jorge -Ventura. Building Official inspection Services file Reading file 4o k .:. O.i . & Al . .�. s. ii' •`i .i ii• "!No Q%I to, . U.t on' • awarded a 4. 4. a in san•dp• ile .--Ae�th the back door of the Maylorso horde By LAMA MIS CH ', uefwd Stott WdW at OS40 SW l0th St. Jamie Xlylor was an efght4ytarob Jamie, Who frequently played on old, four -toot sixialtich blond bundle the construction sitec apparently of energy"a sturdy kid who could was digging Into the side Of the Pile • dhut% a football fift. ef than bIgget when It collapsed. There were bo boys on his block. "The second-gradot er with the wide -set blue eyes On witnesses, . , '"This Is precedentootettlag,4 Nit. the devilish giin was fond of neigh! dle said of Thursday-i verdict. "To b-orho6d adventures. our knowledge, no one bassuccesst, -Ms dad found him buried aNv;lzk, fully handled this type of case a sand pile next door to his South against A contractor,96 :):d.- home on.reb. S. 1580o'Jamie . "I"Ari, Het-mida did what every ,Ilzd four days later from massive 'contract6to In Dade County has done brain damage caused -by sulfocaot for many, many years," defense atoo tiom - torney Talburt said. "The accident Thursday, a Dade Circuit Court occurred because larnle dug a hole In the sand and it fell In on him. jiiry awarded his phrents $3 million Sand always collapses."... a wrong1til-death suit, finding the contractor who ordered the Jori Osterberg, a civil engineer at Northwestern University who testloo sand pile and the property owner of negligence. The jury fled as in expert witness on sand, guilty had said. the type that fell on Jamie cleared the company who dumped • Is particularly unstable when damp. the sand of any wrongdoing. Spence, who has won some of the ' It was the'second-targest amount - biggest fury awards Ift Florida his. ever awarded to Florida In a wrong- tory, will receive a standard contin. ful-death suit Involving a child. said• gency fee for winning the case.. J.B. Spence, attorney for the plain- . That fee Is usually 30 to 4D per cent tiffs. w of the award, or In this case more .. "It's fantastic.,* said the-boyos fa-- 'than $1 million. tlier, James X2y1or, a Pan Am flight "Ale He had offered to settle the case out of court for S425,00D, the defen. engineer. think the jury was absolutely wonderful in "this case. dante Insurance -policy limits. But We hope the construction Industry State Farin Insurance, which In. sured Hermida. and Indiana Insuroo will take note and take steps to see that this tragic thing could nevei Once . DelAuriees insurer. decided .ba rpen agoale to go to triaL Kaylor and *his wife. Vlana'*, an irtist, moved to Culpepper, Va.. five rnonths after the- accident. They have a I 9-year-old daughter. . because I haji this -"I'm pleased s sends a message to every builder in Dade County," Spenctsaid. The case went to trial Mond2y- before Circuit Judge Richard Fuller. The five -man, six-womiln jury dd." If.b-trated for 2% hours Thursday btfore returning the verdicEj ; *. 61Jwies: crdlr,&My reach mason- • able vc-idicts," sold dcUnse lawyer. Aubrey W`t,-urt, who represtnted s cc.-ar;Vor Ricardo, 11trinids. F.:op,'J eny owner Frank'Delozurler And tl-.c D,,;s R" to , cl-w :and Co. "Cut I'm - OrOd this a,-,e inissed the marl vcry badly." TA"bvrt said L# Will file p%st-tri.-I wl;h *0 JUS.'.0 �,Iwm filing .n :,"Oncal 61a to t"Im.-Pt to rwtify an 00-Wous Sptnrc 40cd the 1;;ry for C.1 mil, lion for each parcel, Its rrd go, co,ont,tj Mlorrsv j?r;-4jr trptg that Ilorm,14; kn;w tuhso contructiain file was L.-Ifts "a -A p a r";)-pound Icy 0611dign ;0vto sl4vuld hur corkrW the newly 0;;;npro 113-Nan r3s of damp sand wich a Wri f I -it , Orr, Mlk_ tir s, 4 r*11V wol :0 a 6 4 411 • 7fic e+ta+mr Iecws sr frrday, Jr.:+a ».. j �►'�.•� � �j•�� , cave •ro vv ir. ci. e at s � ••� •.... :..c... '- � • :.. '•• • s .... • • � • t9rA.atJacksn l►ieaioria{Ttospttal. r .11 Tito Kaylars, wha"aawI 'in Culpeper. ` "It wasn't`itke a person getting struck Dy t 0 ; Y, `k, F S,BI"'7'IDFF� A 'Dat:c Circuit Court jury returned a ver••, Va., maintained that seeps should have been • lightning or an act of god." Mrs. Kaylor said slier in favor of the Kayiors yesterday less taken to protect children from an obvious,.inaninterview. "Itwassomethtngthat could., .,, r '• '� st ur' has awarced $3 million to Ifie par Than three hours alter being charged by tile. The said the pilin e sho d have been coy. h Sand-•-, haTheeboy sr fatheraa pilot lac Stan ltinertcan a1r : V nn o.;VAr4old South "is. boy who. 3a�;geit.chard Ponca_ . P Yt`, ;r. c • t.^>s to -tics nYzrr L-ei ball buried while Playing in J.i,. Spence. attarncy for the Kaylo�sl. best cred and nci neighborhood educed in gshouid thanparents,, a been, attructionsexe utives. ti the Dade County tended construction c bel'uvcs the award is the second g in the C camntiissianers and. to their representatives itt- A.eiaaaepiic atsmm�at mac: made In Dade County for the wronglui : 'warnedAboutthedangcr. Ott. e iarents. James and fltana Kayoor. said death of a c:tild. Sic said i3.2 million had"- gone of those tthings' tis c lent had.d ne no children tetnpted hassee t pear to constractl n sita, iw}�, 4 � ��. 3+e dins f:�cd the suit nn„ because ificy been awarded to the survivors of a little girl . • burt contended +rice s : a"rtr Io f,crsuatle contractors •,and wt.o was kV..+cd by a school bus. " ` `' less than is customary in the home -construe• ., sanripiles. ; over :"'cat �:ticaals to adc, t procedures The jurf ruled that 95 per cent of the dam- tion business and could not have antielpated f��ws,�a he snid�t�"fhecet wei front Taite sa � * ♦S ' � � @ , r.e�S� `` , r t st »y,tat p:cvcn: similar Accidents in the a.^,es awarded the Kayiors must be paid by ,;thcdsnger, s• • t'ia� "''„ •• t••. ",s c To lobby in Florida is 1ticarao Sicrmida, the general contractor who ., One other defendant, educator Francis De-, ; but ,there was na'tesponsa Co. our appear F t . «,w� t - w• . r , ii :ras x. work an the home•caastruction site. Laurier. the owner of the site. was ordered to ,,,There weren t even any letters acknowledg„�,rr.�+' �y .• ' ,e alsttoa .. Mg.. xayaorsaid. the Jla in n laic, a • ccord q rader .at the It «butted the backyard of the Knylot home; •: pay the remaithan likcl to not eal ' laid his. ;,Sn Attorney *Andrew .-KeedI4 - who joinedE . .pr h ,; Schao1.6231l'w 7thAve.,aapar• at iir4aSw sintl faintt' homes, aeIs tivyermore t4illiam Brucya-Siarper Jr. Undt;r Spence to representing the couple, ;aid hebe ��tg;'e : '�� '��>��,,•�� sat trying to turael through the sand», barhood at f. Y " t sttiy • ale 0M to Rect from bis con - own aackyard. them with school•age children. • F `state taw" Harper said. a construction site ls,;i; sieves n firms to t ke precautions utio -force con ein wet sand soilapsctl. lie was slncon• .- licrmides attorney. AubrcyTalburt, called:.r; not the responsibiliitty of the property. erty. - ed the sand is delivered to a building situ whenever. when Des Rocher Son ,sr acicui a`+: 7:ad to ahrartbcst when be was Ilia verdict' a very clear mtscarrlage of ju. are not tc »nme e ae ibv bT: talber and a neighbor. "•tics" and charged: without elaborating.' wbarating; that °sand to the {ire but Lsohw n absolved the tirin'' focal laws which specifics ly handle thissotiitu , y. � ..a`w- ibrar traniic s;forts revived the Youar•, it was pease of prejudke. Ile said his ant in thecasc, Jury - • Jalslte:iraytaw-B90ty " use• but t;e rdicd Tfo% days later. on Fcb. Su, client has iwt yet decided whether to appeal• of any responsibility for accident. " ation,'' he said. �n ('' �..1par. (I•, February 221984 Honorable Stephen P. Clark Mayor Metropolitan bade County bade County Courthourse #242 73 'West Plagier Street Miami, Florida 33130 Res Urge Metropolitan Dade County to amend or revise the South Florida Building Code. Dear Mayor Clarks As directed by the City Commission, enclosed herein please find a copy of Resolution No. 84-190 passed and adopted at its meeting held on February 9, 1984 which is self-explanatory. On behalf of the City of Miami, we thank you for your continued cooperation. X11 yours Assistant City Clerk MH:sm Enc.a/s NOTE: This format letter was sent to all Dade County Commissioners. Unable to send it to the fanily of Jamie Kaylor because they moved out of the State. OFFICE OF THE CITY CLFR►. Cn� Hall 35E10 Pan Ano-man Drn..• Mien Honda 33133 5"9 obi, ------ vMrX—cgrant'that the local government owns the land being developed. Any such contract shall require the owner to develop the property in accordance with the plan within a specified time frame or to convey the property to Dade County based on the fair market value for such property as of the date the contract is executed, =1= CITY COMMISSIO�T NZETING OF FES 0 1984 IQ�Y NO. i REMARKs. r t r!r AV'm Febtuary 22, 1084 Honorable Stephen p. Clark Mayor Metropolitan Dade County Dade County Courthourse #242 73 Vest Hagler Street Miami, Florida 33130 Re! Urge Metropolitan Dade County to amend or revise the- South 'Florida Building Code. Dear Mayor Clarkt As directed by the City Commission, enclosed herein please find a copy of Resolution No. 84-190 passed and adopted at its meeting held on February 9, 1984 which is self --explanatory. On behalf of the City of Miami, we thank you for your continued cooperation. ATY r yoursHIRAI Assistant City Clerk MH:sm Enc.a/s NOTE: This format letter was sent to Commissioners. Unable to send i, of Janie Kaylor because they mi State. OFFICE OF THE CITY CIFRK Citti Hal: 35MI Pan An'C"(an prat, ktam