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HomeMy WebLinkAboutPre-LegislationCity of Miami Master Report Ordinance 13196 City Hall 3500 Pan American Drive Miami, FL 33133 wtwv.miamigov.com File ID #: 10-01003 Version: 2 Enactment Date: 9/27/10 Controlling Office of the City Status: Passed Body: Clerk Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER III, ARTICLE 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALARM SYSTEMS/PIRG ALARMS", MORE PARTICULARLY BY AMENDING THE FEES ASSOCIATED WITH VIOLATIONS OF SAID CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Reference: Name: Fees- Fire Alarm Violations, Introduced: 8/19/10 Requester: Department of Cost: Final Action: 9/27/10 Fire -Rescue Notes: Sections: Indexes: Attachments: 10-01003 SR Legislation.pdf, 10-01003 SUMMARY FORM.pdf, 10-01003 LEGISLATION.pdf Action History Ver. Acting Body Date Action Sent To Due Date Returned Result I Office of the City 9/3/10 Reviewed and Attorney Approved 2 City Commission 9/14/10 PASSED ON FIRST READING WITI-I MODIFICATIONS City of blinmi . . . Pnge I 1'rinled nu 8/5/201 I A motion was made by Frank Carollo, seconded by Richard Dunn I1, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS. Chair Sarnoff: All right, SP.3. Chief Maurice Kemp: Morning. Maurice Kemp, Fire chief. SP.3 is an ordinance oldie Miami Cily Commission amending Chapter 3, Article 111 of the Code oldie Cily of Miami, Florida, as amended, entitled "Alarm Systems/Fire Alarms;" more particularly, it's amending the fees associated with the violations to said code. We have had for over 25 years an ordinance on the books with -- for false fire alarms. The problem with the ordinance is the fine was so high that it was not enforceable. It was as much as $2,100 per occurrence, so the ordinance has never been enforced. What we have done is lowered this line to S250, starting with the third offense. And the benefit -- the result of false alarms are that they tie up the 911 system, it's wear and tear on the fire trucks, there's a risk associated with • responding, and it also makes the residents less responsive to fire alarms, which is a life safety hazard. So this ordinance includes an appeal process, also a grace period for new alarms, and an allowance.for acts of nature, such as lightning. Chair Sarnoff All right. Let me open it up to a public hearing. Anyone from the public wishing to be heard on SP.3, the alarm system, please step up. Hearing none, seeing none; comes back to the Commission. Do we have a motion? Vice Chair Carollo: Motion for discussion. Commissioner Dunn: Second. Chair Sarnoff: Motion by the Vice Chair, second by Commissioner Dunn. The Vicc Chair is recognized for the record. Vice Chair Carollo: Thank you, Mr. Chairman. Chief; so what you're saying is that we are actually reducing the fee? It's not -- we're not implementing a new fee. We're actually reducing from what it is right now. Chief Kemp: That's correct, We are reducing with the intent to enforce, whereas the other one was never enforced. Vice Chair Carollo: So in other words, what you're saying is that if we don't approve this, then what stays on the book is the higher fee? Chief Kemp: That is correct, sir. Vice Chair Carollo: Thank you: And I have another question. The issue I -- the one issue that 1 do see is of concern that after the sixth subsequent false alarm, the certificate of occupancy will be revoked unless an inspection of the alarm system by Fire Prevention Bureau representative and a certified fire alarm company representative results in the finding by the chief of the Fire Prevention Bureau that the alarm system is working properly. It does sound a little harsh that they -- you revoke their certificate of occupancy, so I just wanted to inquire with regards to that. Chief Kemp: Yeah. We were -- the intent is to have some teeth in the ordinance where in addition to the fines, there are other consequences if' you don't comply. I mean, six false alarms is rather excessive. Vice Chair Carollo: 1 think I'd feel a little bit more comfortable if it would say "may be" revoked instead of on the sixth being revoked, Chief Kemp: Yeah, we're okay with that. • Commissioner God: I'm sorry. Vice Chair Carollo: Okay. Commissioner Gort: Can you repeat that? Vice Chair Carollo: On the sixth false alarm -- City of Miami .,_ Page 2 Primed on 8/5/201 1 1 Commissioner Suarez: Thank you, Mr. Chairman. First and foremost, T d like to commend you, Chief, Tor actually City orMiL i - ' 1'ngc 3 PrLilcil on 8/5/2011 Maria J. Chiaro (Deputy City Attorney): Mr. Chair. City orMimni Page 1 Prialcd on 8/5/2011 Aye: 5 - Wifredo (Willy) Gort, Marc David Sarnoft Frank Carollo, Francis Suarez and Richard Dunn 11 City Commission 9/27/10 ADOPTED City of Miami Pnbc 5 Primed on 8/5/201 I A motion was made by Richard Dunn II, seconded by Frank Carollo, that this matter be ADOPTED. Chair Sarnoff: SP.3. Maurice Kemp (Fire Chief): Good evening. Chair Sarnoff You're recognized for the record, Chief. Chief Kemp: Maurice Kemp, Fire chief; SP.3 is an ordinance of the Miami City Commission amending Chapter 3/Article III of the Code of City of Miami, Florida, as amended, entitled Alarm Systems/Fire Alarms; more particularly by amending thc fees associated with thc violations of said Code. Chair Sarnoff: All right. Let me open up a public hearing. Does anyone from the public wishing to be heard on SP.3, please step up. blearing none, seeing none, coming back to the Commission. Is there a motion? Commissioner Dunn: So moved. Chair Sarnoff Motion by Commissioner Dunn — Vice Chair Carollo: Second. Chair Sarnoff: -- second by the Vice Chair. Who wishes to be recognized? All right. Vice Chair Carollo: Call the question. Chair Sarnoff: Call the question. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. Chief Kemp: Thank you. The motion carried by the following'vole: Aye: 5 - Wifredo (Willy) Gort, Marc David Sarnoff, Frank Carollo, FrancisSuarez and Richard Dunn Il 2 Office of the City 9/27/10 Review Pending Attorney 2 Office of the City 9/28/10 Reviewed and Attorney Approved 2 Office of the Mayor 9/29/10 Signed by the Mayor Office of the City Clerk 2 Office of the City Clerk 9/29/10 Signed and Attested by City Clerk City of 5iinmi - 1'agu 6 • Prinlccl an B/5/2011 City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 1D-01003 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER III, • ARTICLE 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALARM SYSTEMS/FIRE ALARMS", MORE PARTICULARLY BY AMENDING THE FEES ASSOCIATED WITH VIOLATIONS OF SAID CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, fires take the lives of many each year; and WHEREAS, fire prevention is an important part of the City of Miami's goals; and WHEREAS, it is in the best interest of the health, safety and welfare of the community; 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter III/Article 3 of the Code of the City of Miami, Florida, as amended, is further amended in the fdllowtF p rticulars: {1) "CHAPTER 3 ALARM SYSTEMS * ARTICLE III. FIRE ALARMS Sec. 3-56. Definitions. Unless it is apparent from the context that another meaning is intended, the following words when used in this article shall have the following meanings: Alarm system means any assembly of personnel or equipment, mechanical or electrical, so arranged to signal the occurrence of a possible fire requiring urgent attention, and to which the fire -rescue department is expected to respond, but does not include either alarms installed in conveyance or burglar alarms. Alarm user means the person, firm, partnership, association, corporation, company organization of any kind in control of any building, structure or facility or portion thereof wherein an alarm system is City of Miami Page 1 of 5 File Id: 10-01003 (Version: 2) Printed On: 9/16/2010 File Number: 10-01003 maintained. Automatic telephone dialing alarm system means an automatic dialing device or an automatic telephone dialing • alarm system and ' shall include. any• system which, upon being activated, automatically transmits, by telephone or telephone line to the city fire -rescue department, a recorded message or code signal indicating a need for emergency response; the term also means a system which, upon activation, automatically connects with an answering service whose function it is to transmit to said department a need for emergency response. Certified fire alarm company means fire alarm specialty electrical contractors or electrical contractors certified by the county or by the state, or individuals who are so certified. False alarm means an electrical signal eliciting a response by the fire -rescue department when a situation requiring a response by the fire -rescue department does not in fact exist. Hearing officer means an employee of the city designated by the city manager to act as an impartial arbitrator at hearings related to the enforcement of this article. Sec. 3-57, Response to alarm; determination of validity. (a) Whenever an alarm system is activated, thereby requiring en emergency response to a location in the city by the fire -rescue department, and said department does respond, the fire officer in charge on the scene at said location shall inspect the area protected by the system and shall determine whether the. emergency response was in fact required as indicated by the alarm system or whether the alarm system malfunctioned and thereby activated a false alarm. (b) If the fire officer at the location of the activated alarm system determines the alarm to be false, said officer shall make a report of the false alarm, a notification of which shall be mailed or delivered to the alarm user, at the address of the said alarm installation location, advising the alarm user of the false alarm. A copy of this article shall also be included with the false alarm notification to the user. (c) The director of the fire -rescue department, or designee thereof, shall have the right to inspect any alarm system on the premises to which a response has been made, and he may cause an inspection of such system to be made at any reasonable time thereafter to determine whether it is being used in conformity with the terms of this article. Sec. 3-58. Appeals. (a) A hearing officer shall be appointed by the city manager to hear appeals from alarm users on the issue of whether the alarm system in question activated a false alarm, as initially determined by a fire officer after his inspection at the location of a response to such activated alarm, (b) Upon receipt of any false alarm report from the city, the alarm user shall have ten days, orally or in writing to request a hearing before the said hearing officer; if the request is in writing, said writing is to be mailed or delivered to the fire prevention bureau,.275 N.W. 2nd Street, Miami, Florida 33133. 144 SW 2nd Avenue, 10th Floor (c) At the hearing, which must be scheduled within 15 days from the date the request for same is City ofMinna' Page 2 of 5 File Id: 10-01003 (Version: 2) Printed On: 9/16/2010 File Number: 10-01003 received, the alarm user shall have the right to present evidence and testimony. (d) The hearing officer shall make written findings available to the alarm user, and to the chief of the fire prevention bureau, within ten days from the date the hearing is concluded. (e) A decision by said bureau chief, or his designee, to uphold or to cancel the false alarm report which is the subject of the hearing, shall be made within ten days, from the receipt of the above findings by said bureau chief or designee. (f) Pending completion of all of the steps set forth in this section, each fire alarm in question will be presumed to have been genuine. Sec. 3-59. Fee assessment for false alarms. Notwithstanding references in this section to false alarms being activated within a period of 12 consecutive months, there shall be a six-month grace period following the issuance of an initial or temporary certificate of occupancy by the department of fire -rescue. Computation of the period of 12 consecutive months shall- not include this initial grace period in order to permit the correction or adjustment of a newly installed alarm system in a building which has just been constructed. Following the completed installation of a new alarm system in a previously constructed building, there likewise shall be a six-month grace period commencing on the date such newly completed installation, after inspection by the department of fire -rescue, receives final approval of said department. (1) It is hereby found and determined that more than two false alarms within a period of 12 consecutive months is excessive and constitutes a public nuisance and creates a prima facie presumption that the involved alarm system is malfunctioning. (2) The activation of three or more false alarms in a period of 12 consecutive months will result in the following: a: The third and fourth false alarms shall result in a charge fe a ss resrc^c':ng of $915.00 per engine company or hose comp $630.00 per rescue company per hour $250 per incident. ^ f 5 ^, nuto` 3lo� and increments of 15 minutes- per apparatus per alarm will be tho baseline for said charges. Apparat--s dispctchcd to aJormc is baced e-n petontial acod and rick involved for that-dicpatc.h zone, This fee shall be payable to the city upon receipt of said invoice by the alarm user. The alarm user shall submit, within 30 days from the invoice date is mailed to the alarm user, a letter from a certified fire alarm company to the Fire Prevention Bureau, certifying the alarm system is operating properly b. The fifth and any subsequent false alarm after that shall result in a charge of for--appar-a46us resp se-sempany, $1,260.00 per aerial -company, $21.0.00 per district chief— -a-$C39-09--per rescue company per hour $500 per incident. A minimum of 15 m1n t e baseline for mid ola-argoc. Apparatus dicpa tial-need-and risk involved for that dispatch City of Miami Page 3 of 5 File Id:10-01003 (version: 2) Printed on: 9/16/2010 File Number: 10-01003 zone. This fee shall be payable to the city upon receipt of said invoice by the alarm user. The alarm user shall also submit, within 30 days from the date the herein charge invoice is mailed to the alarm user, a letter from a certified fire alarm company to the fire prevention bureau, certifying that the alarm system is operating properly. The alarm user will also be given written notice that the occurrence of another false alarm may be cause for revocation of any certificate of occupancy issued in connection with said building, c. if there is a sixth or subsequent false alarm, the certificate of occupancy may be revoked unless an inspection of the alarm system by a fire prevention bureau representative, and a certified fire alarm company representative results in the finding by the chief of the fire prevention bureau that the alarm system is working properly. TT he-s ,th fal alarm hall r It in a charge f„r apparatus responding of $9,15.00 per engine company pany, $210.00 per dist-rict chief, and $630,00 per res-cue company por hour. A mini per alarm will be the bacelinc for eaid cha need and rick involved for that dispatsF+ gene This fee " '„ p� , f `"^ ^'+' e oe-i-pt-of-saiel invoice by the alarm user, and be„--s-g-iv „-.-ate, "e; . notice +ha+ the occurrence of another false alarm e of $1,890.00 per engine company or hose company, $2;520.00 per aerial company,. $420.00 per district chief, and $1,260.00 r,.r. rn r•r•in r.nr hnirr min irnrrm�f_'I ri r^ +ac r�r r 2 - + f 1K rrtr, or nnn+r+4i is n _er II h +h h li e f r! h-+rr+ 6 ppornt r, d spa ^hor+ ; .r,s is based on potential free -for such —seventh alarm and for such eighth false a-ia n a 4er each of all s bsefi t f31&e alarm-s which occur within a ,:period, of12 con :ccutivo.Lnonths. *II Section 3, 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. Section 4, This Ordinance shall become effective immediately upon final reading and adoption thereof.. {2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU U CITY ATTORNEY City of Miami Page 4 of 5 File Id: 10-01003 (Version: 2) Printed On: 9/16/2010 File Number. 10-01003 Footnotes: {1) Words and/or figured stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged, Asterisks indicated omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. City ofMiand Page 5 of J File Id: 10-01003 (Version: 2) Printed On: 9/16/2010 If using or receiving capital funds Grants Purchasin Chief AGENDA ITEM SUMMARY FORM FILE ID: ior-0I0o3 Date: 7/26/2010 1 Requesting Department: Fire -Rescue Commission Meeting Date: 9 /3 I D District Impacted: All Type: ❑ Resolution X Ordinance ❑ Emergency Ordinance Discussion Item Other Subject: An Ordinance Amending the Fees Associated with Violations of False Alarms Law Department Matter ID No. 10-2139 An Ordinance amending the fees associated with False Fire Alarm violations. Background Information: An Ordinance of the City of Miami amending Chapter III, Article 3 Fire Alarms, most particularly by amending the fees associated with violations of said Code, providing for a severability clause and an effective date. Budget Impact Analysis D Ll YES Is this item related to revenue? AUG X 2 2010 NO Is this item an expenditure? If so, please identify funding source below. LIU General Account No: gy Special Revenue Account No: CIP Project No: NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds? Start Up Capital Cost: $0.00 Maintenance Cost: , J Total Fiscal Impact: -- 6'� i 0, £ Ie,uFLAA`7c.'t Final Approvals SIGN AND DATE CIP Budget Risk Management Dept. Director — City Manager Page 1 of 1