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Ord 08-05 (" /~ ORDINANCE NO. 8-05 AN ORDINANCE OF THE CITI COMMISSION OF THE CITI OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETI AND EMERGENCY SERVICES", SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", BY ENACTING A NEW SUBSECTION 96.16(B)(6), TO CLARIFY THAT PRIOR VERIFICATION OF FIRE ALARMS IS PROHIBITED; PROVIDING, A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the Fire Department desires to amend the fire code to clarify and expressly state that the recent amendment to Chapter 101, "Fire Alarms" of the Code of Ordinances precludes verification of fire alarms, especially in light of certain permissive language in NFP A code sections in Section 7 - 7.1.1; and, WHEREAS, in furtherance of public safety, it is imperative that the additional language amending the NFP A shall expressly provide that pre-verification of fire alarms is prohibited. NOW THEREFORE, BE IT ORDAINED BY THE CITI COMMISSION OF THE CITI OF DELRA Y BEACH, FLORIDA AS FOLLOWS: Section 1. That Chapter 96, "Fire Safety and Emergency Services", Section 96.16, "Certain Codes Adopted by Reference", subsection (B), is amended by enacting a new sub-section 96.16(B)(6) to read as follows: (6) Section 7-7.1.1 is amended to include the following language: Remote monitoring locations shall not be permitted to verify fire alarm signals prior to reporting them to the Fire-Rescue department. Section 2. That should any section or proVlslon of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ('- /~ Section 4. That this ordinance shall become effective upon its passage on second and final reading. the 'f'..I-b.. PASSED AN~~PTED in regular session on second and final reading on this -:y- - day of ~ L'" D ') , 2005. ~!~ ATTEST: ~,~, \)~~N City Clerk First Reading ~ \\ \)::, Second Reading d\\~~!) 2 ORD NO. 8-05 MEMORANDUM FROM: MAYOR AND CITI COMMISSIONERS CITY MANAGER [JJJ(}.. AGENDA ITEM # \O~ - REGULAR MEETING FEBRUARY 15.. 2005 ORDINANCE NO. 8-05 (AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES") TO: SUBJECT: DATE: FEBRUARY 11,2005 This ordinance is before Commission for second reading and public hearing to amend Chapter 96 "Fire Safety and Emergency Services", Section 96.16, "Certain Codes Adopted by Reference", by enacting a new Subsection 96.16(B)(6), to clarify that prior verification of flte alarms is prohibited. At the first reading on February 1,2005, the City Commission passed Ordinance No. 8-05. Recommend approval of Ordinance No. 8-05 on second and final reading. S:\City Clerk\agenda memos.Ord 8-05 Fire Alarm Prohibiting Verficianon..02.15.05 ~ [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 200 N\V I q AVE:'\1l'E . DELRAY BEACH. FLORIDA 33444 TI:LEPHO:\E: :'ió] í243- ì090 . fACSI\!IILE" 561/278-4ì55 DELRAY BEACH F lOR I 0 ^ ... All-America City Writer's Direct Line: 561/243-7091 , III I! DATE: 1993 TO: 2001 MEMORANDUM January 19, 2005 City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Fire Code Ordinance Recently our alarm code ordinance was amended to provide verification of police alarms only. Chief Koen and Chief Adams asked that we also amend the fire code section of the ordinances to expressly state that fire alarms shall not be verified. Please place this ordinance on the next City Commission agenda. ~ SAR:ci Attachment Cc: Chief Kerry Koen, Delray Beach Fire Department Assistant Fire Chief Bill Adams, Delray Beach Fire Department \~ ORDINANCE NO. 8-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", BY ENACTING A NEW SUBSECTION 96.16(B)(6), TO CLARIFY THAT PRIOR VERIFICATION OF FIRE ALARMS IS PROHIBITED; PROVIDING, A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the Fire Department desires to amend the fire code to clarify and expressly state that the recent amendment to Chapter 101, "Fire Alarms" of the Code of Ordinances precludes verification of fire alarms, especially in light of certain permissive language in NFPA code sections in Section 7 - 7.1.1; and, WHEREAS, in furtherance of public safety, it is imperative that the additional language amending the NFPA shall expressly provide that pre-verification of fire alarms is prohibited. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS: Section 1. That Chapter 96, "Fire Safety and Emergency Services", Section 96.16, "Certain Codes Adopted by Reference", subsection (B), is amended by enacting a new sub- section 96.16(B)(6) to read as follows: (6) Section 7-7.1.1 is amended to include the followinQ lanQuaoe: Remote monitorino locations shall not be permitted to verify fire alarm sianals prior to reportinQ them to the Fire- Rescue department. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective upon its passage on second and final reading. ATTEST: PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2005. City Clerk MAYOR First Reading Second Reading 2 ORD NO. 8-05 tc CtlADlCUtn¿ (~) WWW.bocaneWS.COI11 . Boca Raton/Delray Beach News - Thursday, FebruarY 3JFridaY. FebruarY 4. 2005 25 ----[!!!J- LEGAL NOTICES 100 ANNOUNCEMENTS ----[!!!J- LEGAL NOTICES 1!\aI: a verDabm recooIlI1CIt.KJeS me tes- timony.and evidence upon which the appea!1S to be based. The CIty does ~~;:; f="05~ record. CIlY OF DELRAY BEACH CheveIIe D. NubIn CIty Clerk . ~SH. ThU~ February 3: 2005 M11~ News çm.::.~~ A PU~UC HEARING will be held on the following proposed ordinance at 7:00 ~ on TUESDAy, ÆBRUARY 15 ~~is~byua::= SIOII), 111 the City CommISsion Cham- bers, 100 N.W. 1st Avenue Detray Beach" ~ at which time 'the City COmmission wi consider lis adoption !he . proposed ordtnanée may be inspected at the Office of the CIty CIeri< Ii at CIty Hall, 100 N.W. 1st Avenue Def- ray Beach, Florida, between the hour.¡ of 8:00 a.m. and 5:00 p.m., M~~ r~~~~~aneSd ' ::: =: respect to the pro- ORDINANCE NO. 8-Ð5 AN ORDINANCE OF lHE CITY COM- MISSION OF lliE CIlY OF DElRAY BEACH, FLORIDA, AMENDING CHAP- TER 96, "ARE SAFETY AND EMER- =AI~~', SECTION 96.16, ERENCE", BY ENACTI~~~: SECTION 96.16(B)(6), TO ClARIFY THAT PRIOR VERIFICATION OF ARE ALARMS IS PROHIBITED' PROVID- ING, A SAVING ClAUSE. Å GENERAl ~. ClAUSE AND AN Effie- ~ be advised that If a pe¡son decides to appeal any decision made by the CIty CommISsion with respect to any mailer considered at these hear- II1S, such per.;on may need to ensure