HomeMy WebLinkAboutO-09457ORDINANCE NO. 9457
AN EMERGENCY ORDINANCE AMENDING THE CODE OF THE
CITY OF MIAMI,,FLORIDA, AS AMENDED, TO PROVIDE
FOR CHANGING THE NAME OF THE "FIRE DEPARTMENT"
TO.THV, "FIRE, RESCUE AND INSPECTION SERVICES
DEPARTMENT" AND DISCONTINUING THE DEPARTMENT OF
BUILDING AND ZONING INSPECTION DEPARTMENT AND
TRANSFERRING ALL PERSONNEL, RECORDS AND EQUIP-
MENT PREVIOUSLY BUDGETED TO SAID BUILDING AND
ZONING INSPECTION DEPARTMENT TO THE FIRE,RESCUE
AND INSPECTION SERVICES DEPARTMENT AND FURTHER
PROVIDING THAT, EXCEPT 'FOR THE DIVISION OF TRADE
STANDARDS(WEICH FUNCTIONS HAVE BEEN ASSUMED BY
METROPOLITAN DADE COUNTY) ALL FUNCTIONS HERETO-
FORE PERFORMED BY THE BUILDING AND ZONING INSPEC-
TION DEPARTMENT SHALL BE MANAGED AND SUPERVISED
BY THE DIRECTOR OF THE FIRE, RESCUE AND INSPEC-
TION SERVICES DEPARTMENT AND BE ADMINISTERED AS,
A DIVISION WITHIN THE,,FIRE, RESCUE AND INSPECTIONS
DEPARTMENT BEARING THE DESIGNATION "DIVISION OF
BUILDING AND ZONING INSPECTION": FURTHER PROVIDING
THAT WITHIN SAID DIVISION OF BUILDING AND ZONING
INSPECTION THAT THERE BE A SECTION KNOW14 AS THE
"OFFICE OF BUILDING OFFICIAL" WITH THE SUPERVISOR
OF SAID SECTION BEING DESIGNATED AS THE "BUILDING
OFFICIAL ' "WHO, UPON RECOMMENDATION OF THE DIRECTOR
OF THE FIRE, RESCUE AND INSPECTION SERVICES DE-
PARTMENT, SHALL BE APPOINTED BY THE CITY MANAGER
AND WHO SHALL BE RESPONSIBLE FOR THE PERFORMANCE
OF DUTIES REQUIRED TO BE PERFORMED BY THE "BUILDING
OFFICIAL" IN THE ENFORCEMENT OF THE SOUTH FLORIDA
BUILDING CODE WHICH CODE HAS BEEN ADOPTED AS THE
BUILDING CODE OF THE CITY OF MIAMI BY ORDINANCE
NO'
6145; FURTHER PROVIDING FOR THE REPEAL OF
ORDINANCE NO., 8985, ADOPTED SEPTEMBER 27, 1979,
WHICH HAD ESTABLISHED AN ANNUAL BUILDING INSPEC-
TION PROGRAM BY THE FIRE, DEPARTMENT WITH A SCHEDULE
OF FEES FOR SAID INSPECTIONS; MORE PARTICULARLY
AMENDING THE CITY CODE BY REPEALING SECTIONS 2769,
2-70, 271, 2-72 AND 2-73 OF SAID CODE AND BY
AMENDING AND RE -NUMBERING CODE SECTIONS,2-74 AND
2-75 TO CODE SECTIONS 2-88 AND 2-87,, RESPECTIVELY,
AND BY RE -NUMBERING SECTION 2-76 OF SAID CODE TO
CODE SECTIO14 2-86; FURTHER AMENDING CODE SECTIONS
2-81, 2-82, 2-83 AND 2-84 AND BY ADDING ANEW
SECTION 2-85; CONTAINING A REPEALER PROVISION,
AND A SEVERABILITY CLAUSE,,
WHEREAS, Section 19A of the Charter of the City of
Miami provides that the City Commission may create new depart
meats, or discontinue any department, or may determine, cornbinet
and distribute the functions and duties of departmehtt and 8ub=
divisions thereof; and
WHEREAS, it is the desire of the City Commission to
exercise such authority and to transfer certain functions and
duties heretofore performed by the Building and Zoning Depart-
ment to the Fire Department whose name should appropriately be
changed to the "fire, rescue and inspection services department,:"
and
WHEREAS, the herein transfer of functions will meet
the urgent need of the City to properly discharge the City's
responsibility to protect life and property within the City,
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. Sections 2-69, 2-70, 2-71, 2-72 and 2-73
d, are here -
.of the Code of the City of Miami, Florida, as amend e
by repealed in their entirety.
Section 2. Section 2-74 of the Code of the City of
Miami, as amended, is hereby amended in the following particulars:
"Sec. 274 88 Fees for extraordinary services
in connection with reproduction of records,
plaris and maps, including those on microfilm.
A fee is hereby established for furnishing services
in connection with the reproduction of records,
plans, and maps, including those on microfilm,,Of
the bu4:1difqq and -zening i-Rspeetlen fire, rescue
and inspection services department, as follows:
Section 3. Section 2-75 of the Code of the City of
Miami, Florida, as amended, is hereby amended in the following
l/ Words and/or figures stricken through shall be deleted, UiTd-er-
scored words constitute the amendment proposed, Remaining pro"
.visions are now in effect and shall remain unchanged, Asterisks
indicate omitted and unchanged material,
9 4 5
particulars. l/
"Sec. 2-W5 87 Zoning certificate of use required
annual reinspection of buildings and pre-,
raises; fees for inspections and issuance
of certificates.
(A)
(B) Certificates of Use for New Buildings and
Premises
(1) No new building or premises and/or part thereof;
except one=and two-family residences, shall be
occupied untila zoning certificate of use shall have been issued by the buiidie�-aid=�eieg-Tepee- _
tier fire, rescue and inspection services department,
Certificates of use shall not be issued until the
premises have been inspected and found to comply
with all code requirements of the building -and
eentngg *Rspeetien fire, rescue and inspection ser-
vices department, fire-preveetien-befeau; and such
other agencies as may have jurisdiction. All ap-
plications for certificates of use shall be ap-
proved or disapproved within five (5) working days
following application.
Section 4. Section 2-76 of the Code of the City of Miami,
Florida, as amended, is hereby amended in the following par-
— ticulars: l/
"Sec. 2-q6 86 Fee for inspections and examina-
tions of plans for compliance with the
provisions of the comprehensive zoning
ordinance.
Section 5. Section 2-81, 2-82, 2-83 and.2-84 of the Code
of the City of Miami, Florida,'as amended, are hereby amended
in the following particulars:
"Sec.' 2-81. Established. -_
There is hereby established a department
to be known as the fire, rescue and in-
spection services department..
_ Sec. 2-82. Director -Appointment.
The city manager is hereby authorized to
appoint a director of the fire, rescue
and inspection services department who
shall serve subject to the supervision and
control of the city manager.
The fire chief shall be the director of the
fire, rescue and inspection services de
nartment, and appointed in accordance with
the provisions set forth in the city charter.
l/ Words and/or figures stricken through shall be deleted. Under`
scored words constitute the amendment proposed. Remaining pro -
ja visions are now in effect and shall remain unchanged. Asterisks
indicate omitted and unchanged material.
Sec 2-83. Same -Powers and duties., functions
Subject to the supervision and control of
the city manager in all matters, the di-
rector of the fire, rescue and inspection
services department shall administer the
affairs of the department, which shall in-
clude the immediate direction and control
of the fire force, and is charged with
responsibilities for the prevention, con-
trol and suppression of fire, and providing
emergency medical and rescue service in
the city. The functions of the department
shall include the management and supervi-
sion of all functions and personnel of the
building, electrical plumbing, zoning and
wei hts,and measures divisions, the line
and grade permit sectionsand boiler, smoke
and elevator insipect.ion. The responsibili-
ties of this department shall include, but
not be limited to, the activities of fire
administration, fire training, fire pre-
vention, fire fighting, hydrant installa-
tion and maintenance and fire equipment
maintenance and operation."
Sec. 2-84. Fire prevention bureau.
(a) The fire code of the city shall be en-
forced by the fire prevention bureau in the
fire, rescue and inspection services de-
partment, which is hereby established and
which shall be operated under the supervi-
sion of the director of the fire, rescue
and inspection services department.
(b) The chief in charge of the fire preven-
tion bureau shall be appointed from the
officers of the fire, rescue and ins2ection
services department by the director of the
fire, rescue and inspection services de-
partment, subject to the approval of the
city manager, and such chief of fire pre-
vention shall be known as the fire marshal.
The position of fire marshal shali be a
noncompetitive position in the city, and the
holder thereof, while so engaged, shall not ;.
forfeit the civil service status.which he
held prior to such appointment.
(c) The director of the fire, rescue and in-
spection'services department may detail such
members of the fire, rescue and inspection
services department as inspectors as shall
from time to time be necessary._
(d) A report of the fire prevention bureau -
shall be made annually and transmitted to
the city manager. It shall contain all pro-
ceedings under this chapter and the fire "
code, with such statistics as the director
of the fire, rescue and inspection services
department may wish to include therein. The
director of the fire, rescue and inspection
services department shall also recommend any,
amendments to the fire code which, in his
judgment, shall be desirable." >r
-4-
Section 6, The Code of the City of Miami, Florida, as
amended, is hereby further amended by adding a new Section 2t,85
_ to read as follows!
"Sec. 2=85. Division of building and zoning
inspection,
A division of building and zoning inspec-
tion is hereby established within this de-
partmont which division shall be responsi�
ble for the building, electrical, plumbing,
zoning and weights and measures sections,
and the line and grade permit section and
boiler, smoke and elevator inspection, Within
the'division of building and zoning inspec-
- tion, these shall be a section known as the
office of building official. The supervi-
sor of this section shall be designated as
the building official who upon recommenda-
tion of the department director shall be ap-
pointed by the city manager to enforce the
provisions of the building code. ?/
1/ Pursuant to Ordinance No. 6145, adopted
March 19, 1958, the city has adopted the
— South Florida Building Code as the city
building code."
Section 7. All personnel, records, and equipment previously
budgeted in the building and zoning inspection department are here-
by transferred and assigned -to the fire, rescue and inspection
services department.
Section 8. The city manager is hereby authoritzed to trans-
fer or cause to have transferred currently budgeted funds of the
building and zoning inspection department to the fire, rescue
and inspection services department.
Section 9. All ordinances or parts thereof and all sec-
tions of the city code or parts thereof containing references
to "building and zoning inspection department" and,"fire de-
partment" which are not expressly recited in.the herein ordinance
are hereby amended to have such references substituted with the
term "fire, rescue and inspection services department";. this
substituted reference shall apply and not be limited to Sections
21 4, 5, 7 and 8 of Ordinance No. 6145 as well as Code Sections
2-393, 12-17 and 44-4. References to "fire department" in Code
Sections 19-l'through 19-627 are hereby amended to read "f ire, .
rescue and inspection services department," .—
9.
Section 10. ordinance No. 8985 adopted September 27, 19791
which established an annual building inspection program by the
fire department with a separate schedule of inspection fees is
hereby repealed.
Section 11, if any section, part of section paragrapht
clausep phrase, or word of this ordinance is declared invalid;
the remaining pkovisions of the ordinance shall not be affected.
Section 12, All ordinances or parts of ordinances, inso-
far as they are inconsistent or in conflict with the provisions
of this ordinance.are hereby repealed.
Section 13, This ordinance is hereby declared to be an
emergency measure upon the ground of urgent public need for the
preservation of peacel health, safety and property.
'Section 14. The requirement of reading this ordinance on
'two separate days is hereby dispensed with by a vote of not'less
than four -fifths of the members of the Commission.
PASSED AND ADOPTED BY TITLE ONLY this 24 day of June
1982.
Maurice A. Ferre
III Y 0 R
At
PREPARED AND APPROVED BY: City Clerk
Deputy City Attorney
APPROVED AS T AND CORRE'CTNESS,-
j1PROVE A' T
Georg
e Knox, Jr.
CityL y _t _orn
ity Attorney
-6-
IT
4:55
. ...........
MIAMI REVIEW
AND DAILY RECORD
Published batty except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE-
Before the undersigned authority personalty appeared
Sarah Wllllams; who on oath says that she Is the Director of
Legal Advertising of the Miami Revlew and Daily Record, a
daily (except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Dade County, Florida; that the attached
copy of advertisement, being a Legal Adverilsement of Notice
In the matter of
City of Miami
RE.
ORDINANCE NO. 9457
In washeubllehed In said �.. Y • • ... • • .... • • .... • court,
..
p newspaper In the Issues of
July 1,.1982
Affiant further says that the said Miami Review and Daily
Record Is a newspaper published at Miami In said Dade County,
Florida, and that the said newspaper has heretofore been
continuously published In said Dade County, Florida, each day
(except Saturday, Sunday and Legal Holidays) ' and has been
entered as second class mail matter at the poet office in
Miami in said Dade County, Florida, fora period of one year
next preceding the first publication of the attached copy of
advertisement; and affiant further says that she has neither
paid nor promised any person, firm orcorporation any discount,
rebate, commission or refund for the purpose, of securing this
advertisement for publication s`rj,lhflNOflAawspaper.
�Sworn to and 'subscribed 'before me this
..1-S. day of .. �. e ,4.:T111 . .. , A.D. )9. . $ 2
Betty J.' Brooke
NO ti�r�Pbblic,:State.of Florida at Large
(SEAL) , ;
My Commission expires June 1',' 1983.
MR, 119 ,
N
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ORb)NANU NO, §485
AN 6hbINANLE AMENbwo 614biNANCE NO, 0011; At
AMENbtb, THE COMPREHENSIVE ZONING OWINANCE
FOR THE CITY 'bP MIAMI, by CHAN610 THE'ZONINO, ,
CLAS51PIbATI6N Eft LOTS 0 THRU 111,, bLOCK i,
POINTVIEW AMENDED (2 3 bdNG APPROXIMATELY
181.189 SOUTHEAST 1dTH LAN IN APPROXIMATELY 1woo '
SOUTHEAST_idtH TtAkACE, PROM R•5 (HIGH CENSITY
MULTIPLE) TO R-CA (RESIDENTIAL OPPICE), AND BY MAK
ING THE NECESSARY CHANOESIN THE,ZONING bIS�
TRit t MAP MADE APART OF SAID ORbINANC€ NO, Br 1,
BY REPERENCE AND DESCRIPTION* ARTICLE S; SEC -
LION 2, THEREOF; BY REPEALING ALL ORDINANCEs,
CODE SECTIONS, OR PARTS THEREOF IN CONPLICT,'AND,
CONTAINING A SEVERAWLITY CLAUSE.
ORDINANCE NO.945d -
AN ORDINANCE AMING ORDINA ,
NCE NO.6t171, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY
OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION
OP, THE AREA GENERALLY BOUNDED BY APPROXIMATELY
N.W. IOTH AVENUE, N,W:1>TH STREET, N.W. 9TH AVENUE, :
N.W. 18TH STREET,T N.W. 8TH AVENUE AND, THE WEST
DUNBAR SCHOOL SITE (75-87), BEING TENTATIVE PLAT
#1103 "HIGHLAND PARK DRIVE SECTION ONE", FROM
R•4 (MEDIUM DENSITY MULTIPLE) AND C-1 (LOCAL COM-
MERCIAL) to GU (GOVERNMENTAL USE), AS PER ATTACHED
MAP, AND BY MAKING ALL -THE NECESSARY CHANGES
IN THE ZONING DISTRICT MAP MADE A PART OF SAID
ORDINANCE.NO, 6871, BY REFERENCE_AND DESCRIP-
TION IN ARTICLE III, SECTION 2, THEREOF; BY REPEALING
ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF
IN CONFLICT, AND CONTAINING A SEVERABILITY CLAUSE.
ORDINANCE NO, 9455
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY CHANGING THE:ZONING
CLASSIFICATION OF LOTS 11 THROUGH 15, NORTHGATE ,
BLOCK 9 RESUB (9-157) AND THE EAST 40' OF LOT.111
AND ALL OF LOTS 12 THROUGH 15, BLOCK 10, NORTHGATE
(8-88), BEING APPROXIMATELY 6202.6398 BISCAYNE BOUL-
EVARD, FROM R-C (RESIDENTIAL OFFICE) TO C-1 (LOCAL.
COMMERCIAL), AND BY MAKING ALL THE NECESSARY
CHANGES IN THE ZONING DISTRICT MAP MADE A PART
OF.SAID ORDINANCE NO. 6871, BY REFERENCE AND l
DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; BY
REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS;
THEREOF IN CONFLICT AND CONTAINING A SEVERABIL-
ITY CLAUSE,
ORDINANCE NO.9456 '
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cll`Y OF MdA,Ii. FL.CTF RDA
IN*tF_ 7-(_')F IC;E MEMORANDUM
Honorable Members of the
June 1$y19$2 ���,...
City Commission City Commission Meeting 6/24/82
Agenda Item #28 -
e rge '. knoxy Jr. :.;<; Hmergency ordinance trans-
ferring functions of 13ulldi
City y Attorne
y and Zoning Inspection Depart-
ment to Fire Department; etc,
The above -referenced proposed ordinance is herewith attached
and should be placed in your packet of agenda materials for
the City Commission meeting on June 24, 1982.
Attachment (1)
cc; City Manager
City Clerk
Gerardo Salman, Director of Building and Zoning
Inspection Department.
Herman Brice, Fire Chief
Aurelio Perez, Director of Planning and Zoning
Boards Administration Department
TO
Mr. Howard V.'Cary June ]8, 1982
City Manager
Changing the name of the Fire
Department to the "Vitey Rescue
and lnspectioh Services Depart-
W�]yry`p' merit" and discontinuing the
Assistant City Manager Department of Building
Zoning Inspection Department
It is recommended that the attached emergency
Ordinance be approved changing the name of
the "Fire Department to the_"Fire; Rescue and
Inspection Services Department",, Discontinuing
the Building and Zoning Inspection Department
and transferring all personnel, records and _
equipment of said Department to the Fire,
Rescue and Inspection Services Department;
and amending the City Code to provide that
all functions performed by the Building and _
Zoning Inspection Department be administered .as a Division under the Director of the Fire..
Rescue and Inspection Services Department;
with a section of the Division to be designated
as the "Office of Building Official" for
enforcement of the South Florida Building Code.
it is my recommendation that the City of Miami continue to lead the
way in progressive fire safety by transfer and consolidation of the
Building and Zoning Inspection Department into the Fire Department
as a Division.
The City of Miami has been a leader in the Fire Service for many
years and is looked to "nationally" as a Department which will be
one of the first to be involved in the programs and techniques
that eventually become standards throughout the country. The
direction of the Fire Service is to become more involved in the
area of authority which now rests with building departments.
Since the majority of the City of Miami's Building Code and
nationally used codes are concerned with life safety, there is
a growing realization on the part of the Fire Service that Fire
Page 1 of 2
94 57.
Mt. 14owatd V, Caty
June 1$s 1982
Departments must be totally and completely involved in preCon=
struction dialogue, plans review (with authority to approve or
disapprove), and new construction inspection authority. This
Posture being taken by the Fire Services with -which I totally
agree, is reflective of what I also perceive as being relevant
to our local situation,
o The enforcement of building codes is a life safety func=
tion and, therefore, the authority should rest with the
Fire Department which is the major department in the City
of Miami tesponsible for the protection of life and
property.
o For the City of Miami to be guaranteed the ultimate in fire
safety matters, there should be a direct link of authority
between buildings being built,today and the ultimate respon-
sibility of protecting those properties and the lives of the
people who use those facilities:
o The Miami Fire Department has a proven track record of
organizational stability and effectiveness and could improve
the organizational effectiveness of the building, zoning and
inspection functions.
o The philosophical position of the City in'the area of build-
ing code enforcement should be that we are the representa-
tives of the citizens of our community who will eventually
.work, live and play in the buildings that are being built
and, therefore, should insist on compliance with the South
Florida Building Code and related codes therein adopted.
The advantages and benefits resulting from the transfer.and consoli-
dation of the Building and Zoning Inspection Department. into what
will be referred to in the future as,the "Fire, Rescue and
Inspection Services Department" can be summarized into four main
points:
1. Improve services by reducing duplication
of effort required by contractors and
developers.
2. Improve services by reducing duplication
of effort required by the general
public.
3. Improve life safety of the public and
reduce property loss,
4. Provide higher,quality of service
with no increase in cost through
combined resources.
Page 2 of 2
9457
r
Builders Association of South Florida
AFFILIATES
15225 N.W. 771h Avenue
�` d Miami Lakes. Florida 330U
(305) 556.6300 Dade. (305) 525.8225 Broward
Z1 June 23, 1082
The honorable Maurice Ferre
Mayor
City of Miami
3500 Pan American Drive
Miami, Florida 33133
Dear Mayor Ferre:
The Builders Association of South Florida, with its 1,200 corporate
members, wants to express its grave concerns over the emergency
ordinance on the City Commission agenda for Thursday, June 24, 1982)
which would put_ the Building and Zoning Department under the
supervision of the Fire Department.
As you may recall, BASFF, made its objections known.about this
subject when it came up during prior City Commission discussions.
The Association position remains unchanged.
At that time, we pointed out that ,Miami is experiencing the —
biggest building boom in its history. The need is critical,
therefore, to have a Building and Zoning Department whose sole
area of expertise in just that: construction. Although the
personnel of the Fire Department are very competent and expert
in their field, they very likely would not possess the practical
working knowledge of the building business to effectively supervise
such an important and busy department. Also, this action would,
reduce the efficient operation of the department by splitting
.the.management function from the substantive portion of the —
department. To maintain effective and efficient functioning
of the department, it must be administered and managed by a
person properly qualified, both by work experience and education,
in this complex and highly diversified industry.
In addition, the Building Department as a division of the
Fire Department is an untested concept. Few, if any, communities
have done this and any efficiency or cost -savings which proponents
claim would result from this merger, are unknown at this time.
inmrm
Page 9-
June 1082
Vor these reasons the nuilders Association of South Florida
opposes the move by 'the City to put the Building and Zoning
Department tinder the, super vision of the Fire Chief,
We. would be Very pleased to Meet and discuss this matter with =
you and your staff at your earliest convenience.
1
cc: Vice -Mayor J,L. Plummer
Commissioner Demetrio Perez
Commissioner Miller Dawkins
Commissioner Joe Carollo
City Manager Howard Gary
PJB/ ae