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try Ordinance: 13762
File Number: 3680
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/12/2018
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 CERTAIN
BUILDINGS", TO REQUIRE ANY FACILITIES CLASSIFIED AS NURSING
HOMES, COMMUNITY RESIDENTIAL HOMES, OR ASSISTED LIVING
FACILITIES CATERING TO THE ELDERLY ("FACILITIES") TO HAVE AN
EMERGENCY PLAN IN PLACE TO PROVIDE FOR, AMONG OTHER THINGS,
EMERGENCY POWER AND FUEL FOR GENERATORS; AND TO ESTABLISH A
CITYWIDE REQUIREMENT THAT SUCH FACILITIES BE EQUIPPED WITH
PROPERLY FUNCTIONING GENERATORS WITH ADEQUATE FUEL CAPABLE
OF CONTINUOUS USE TO POWER ESSENTIALS, INCLUDING BUT NOT
LIMITED TO, ELEVATORS, LIGHTS, EMERGENCY ALARMS, AND AIR
CONDITIONING ("A.C.") IN THE DESIGNATED ROOM(S) OF THE FACILITY;
AND PROVIDING THAT RESIDENT ATTENDANTS/STAFF TO THE ELDERLY
SHOULD BE ON SITE WITHIN 24 -HOURS OF A HURRICANE OR STORM'S
PASSAGE, OR AS SOON AS SAFELY POSSIBLE, TO ENSURE THE
ADEQUATE CARE OF ELDERLY RESIDENTS IN THE AFTERMATH OF
HURRICANES AND MAJOR STORMS RESULTING IN WIDESPREAD POWER
OUTAGES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
SPONSOR(S): Mayor Francis Suarez, Chair Keon Hardemon, Vice Chair Ken
Russell, Commissioner Wifredo Gort, Commissioner Joe Carollo, Commissioner
Manolo Reyes, Commissioner Frank Carollo
WHEREAS, the City of Miami ("City") has a vibrant and sizeable population of elderly
residents; and
WHEREAS, the City is committed to providing a high quality of life for all its residents;
and
WHEREAS, hurricanes and major storms are frequent occurrences in the South Florida
area and in the City, often resulting in widespread power outages that may take weeks to
restore; and
WHEREAS, Hurricane Irma exposed the need for better emergency planning for the
owners and operators of facilities classified as community residential homes, nursing homes,
and assisted living facilities catering to the elderly ("Facilities"); and
WHEREAS, there were several instances where such Facilities 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, during the power outages associated with Hurricane Irma, many elderly
City of Miami Page 1 of 4 File ID: 3680 (Revision: 8) Printed On: 7/27/2018
File ID: 3680
Enactment Number: 13762
persons died in a Hollywood, Florida nursing home and many others were hospitalized due to
lack of air conditioning ("A.C."); and
WHEREAS, elderly individuals are more susceptible to heat stroke and other heat
related complications; and
WHEREAS, generators equipped with adequate fuel ensure housing units not only
maintain power to essential equipment such as elevators, lights, and emergency alarms, but
also provide A.C. designated room(s) near living quarters to prevent heat related ailments
until full power is restored; and
WHEREAS, additionally, resident attendants/staff to the elderly should be on site
within twenty-four (24) hours of a hurricane or storm's passage to ensure adequate care of
our elderly residents; and
WHEREAS, requiring such Facilities to adequately prepare for foreseeable disasters
and emergencies will benefit the health, safety, and welfare of the City's residents;
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 10/Article I of the Code of the City of Miami, Florida, as
amended, is further amended in the following particulars:'
"CHAPTER 10
BUILDINGS
ARTICLE I. IN GENERAL
Sec. 10-8. Emergency Plans and Emergency Preparedness Measures Required for
Certain Buildings.
(a) For purposes of this Section, the term Facility shall mean community residential
homes licensed under Chapter 419, Florida Statutes, assisted living facilities licensed under
Chapter 429, Florida Statutes, and nursing homes licensed under Chapter 440, Florida Statutes,
which caterer to the elderly.
Any Facilities 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 provisions for emergency power generators
' 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 2 of 4 File ID: 3680 (Revision: B) Printed on: 7/27/2018
File ID: 3680 Enactment Number: 13762
with sufficient capacity to power the Facility's fixed or portable Heating, Ventilation and Air
Conditioning ("HVAC") system in order to maintain an ambient temperature of eighty-one (81)
degrees or less in one (1) or more designated rooms for a period of a minimum 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 seventy-two (72) hours, whether stored entirely on site
or provided for by periodic deliveries contracted for 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 Facility's operations; staffing; and when the Facility
provides custodial care, medical, or assisted living services, it shall provide for individual
identification of residents, transfer of records, and communication with families (subject to
residents' written consent and controlling regulations Re.q. HIPAAA 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.
(c) Any existing Facility 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 Facilities 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 by all appropriate governmental agencies and/or
departments.
After the effective date of this Ordinance, any new Facility shall not receive a
Certificate of Use or a Temporary Certificate of Use until the provisions of this Ordinance have
been satisfied.
(e) Compliance with these requirements for such Facilities shall be mandatory.
Facilities shall be equipped with generators that are able to power Essential
Services as set forth in Chapter 10-8(a) of the City Code, including but not limited to, elevators,
lights, emergency alarms, and Air Conditioning ("A.C.") in one or more Designated Room(s)
within the Facility. Designated Room(s) means a public, common, or private space which can
safely and lawfully house residents in an appropriate fashion pre- and post -foreseeable disaster.
(q) Notwithstanding any requirement mentioned herein, Facility staff are to be on site
within twenty-four (24) hours of a foreseeable disaster, or as soon a safely possible, unless they
are required to remain at the Facility. This does not negate the requirement to have staff on site
and available to run the required generator(s) and other life safety necessities.
If the Facility requires additional time to process and submit all the requested
information above, the reservation or application must be renewed for an additional 180 days. If
the process is not completed within the two (2) 180 -day periods provided above, the reservation
or application will expire and a new reservation or application cannot be processed on that
Property for thirty (30) days.
0) Such review costs shall be as stated by the City Code, as amended.
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. If the violator is found to have violated this Article, the Code
Enforcement Board may impose a fine not to exceed $500.00 per day per violation for a first
occurrence and a fine not to exceed $1,000.00 per day per violation for each repeated violation.
Such fines shall continue to accrue so long as the violation continues to exist on the property as
per the provisions of Sections 2-811 through 2-820 of this Code, as amended. Furthermore, the
Property may be subject to losing its Certificate of Use and/or Business Tax Receipt pursuant to
Sections 2-211, 31-48, and 31-49 of the City Code, as amended.
City of Miami Page 3 of 4 File ID: 3680 (Revision: B) Printed on: 7/27/2018
File ID: 3680
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Enactment Number: 13762
Section 3. 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.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
1
"ia dez, City 'Attor ey 6!4/2018
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 4 of 4 File ID: 3680 (Revision: B) Printed on: 7/27/2018