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Ordinance
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3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2988 Final Action Date: 2/8/2018
AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 10/
ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), ENTITLED "BUILDINGS/IN GENERAL," TO CREATE NEW
SECTION 10-8, ENTITLED "EMERGENCY PLAN REQUIRED FOR
AFFORDABLE HOUSING FOR THE ELDERLY", TO REQUIRE ANY
BUILDINGS CLASSIFIED AS AFFORDABLE HOUSING FOR THE ELDERLY
TO HAVE AN EMERGENCY PLAN IN PLACE TO PROVIDE FOR, AMONG
OTHER THINGS, EMERGENCY POWER AND FUEL FOR GENERATORS;
CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE.
SPONSOR(S): Commissioner Wifredo (Willy) Gort
WHEREAS, Hurricane Irma exposed the need for better emergency planning for the
owners and operators of buildings classified as Affordable Housing for the Elderly; and
WHEREAS, there were several instances where such buildings either did not have
emergency generators or did not have sufficient fuel to keep the generators running for an
adequate period of time; and
WHEREAS, requiring such buildings to adequately prepare for foreseeable disasters
and emergencies will benefit the health, safety, and welfare of the residents of the City of Miami;
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 and incorporated as if fully set forth in this Section.
Section 2. Chapter 10/Article I of the City Code, entitled "Buildings/In General", is
amended in the following particulars:I
"CHAPTER 10
BUILDINGS
ARTICLE I. IN GENERAL
1 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.
City of Miami Page 1 of 3 File ID: 2988 (Revision: A) Printed On: 2/4/2025
File ID: 2988 Enactment Number:
Sec. 10-8 Emergency Plan Required for Affordable Housing for the Elderly.
a) For purposes of this Section, the term Affordable Housing for the Elderly shall mean
Affordable Housing as defined in Section 10-5 above that is intended for and
operated for occupancy by persons sixty-two (62) years of age or older.
b) Any buildings classified as Affordable Housing for the Elderly located in the City shall
prepare and annually update a comprehensive emergency management plan
("Plan"). At a minimum, the Plan must provide for components that address
emergency evacuation transportation; adequate shelter arrangements; post -disaster
activities, including but not limited to the provision for emergency power generators
with sufficient capacity to power the facilities fixed or portable Heating, Ventilation,
and Air Conditioning (HVAC") system in order to maintain an ambient temperature of
80 degrees or less in one (1) or more designated room(s) for a period of ninety-six
(96) hours in the event of the loss of electrical power after the foreseeable disaster
passes; fuel to run the generator(s) for a minimum of ninety-six (96) hours, whether
stored entirely on site or provided for by periodic deliveries contracted in advance of
the start of hurricane season each year; bottled or potable water; food when the
facility provides food to its residents on a daily basis in the normal course of the
facilities' operations; staffing; and when the facility provides custodial care, medical,
or assisted living services, it shall provide individual identification of residents,
transfer of records and communication with families, subject to residents' written
consent and controlling regulations (e.g. HIPPA). The Plan is subject to review and
approval by the City's Emergency Manager which shall not be unreasonably
withheld. During the review of the Plan, the Emergency Manager will complete his or
her review within sixty (60) days and either approve the plan or advise the facility of
necessary revisions to the Plan.
c) Any existing buildings shall comply with the provisions of this Section within ninety
(90) days of the effective date of this Ordinance. Commercially reasonable efforts to
retrofit existing buildings shall be made. Notwithstanding the foregoing, if it is not
practicable or feasible to install the required generator(s) on -site of an existing
facility, then the operator may contract with a third -party vendor for a portable
generator(s) in the event of a foreseeable disaster. The foregoing provision for the
installation and/or placement of the temporary and/or permanent generator(s) are
subject to approval of all appropriate governmental entities.
d) After the effective date of this Ordinance, any new building shall not receive a
Certificate of Use or a Temporary Certificate of Use until the provisions of this
Section have been satisfied.
e) A violation of this Section may be enforced pursuant to the provisions proscribed in
Chapter 2, Article X of the City Code and any other remedies as provided by law,
including but not limited to, an action for injunctive relief in the Circuit Court. The use
of one remedy shall not preclude the use of another."
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
City of Miami Page 2 of 3 File ID: 2988 (Revision: A) Printed on: 2/4/2025
File ID: 2988
Enactment Number:
Section 5. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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 or upon the effective date stated
herein, whichever is later.
City of Miami Page 3 of 3 File ID: 2988 (Revision: A) Printed on: 2/4/2025