Ord No. 04-17ORDINANCE NO. 04-17
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE
SAFETY AND EMERGENCY SERVICES", BY RENAMING AND
AMENDING SECTION 96.02, "INSPECTIONS REQUIRED" TO
PROVIDE A SCHEDULE FOR FIRE SAFETY INSPECTIONS AND
RELATED FEES; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUBSECTION OF CHAPTER 96 SHALL REMAIN IN
FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE,
AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, the City Commission of Delray Beach finds it necessary and appropriate to create a
schedule of routine fire safety inspections in order to maintain the public health, safety and welfare of residents,
business owners and visitors of the City of Delray Beach; and
WHEREAS, the City Commission desires to establish a schedule of fire inspections for specific
occupancy types, excluding single family residences and fee simple townhomes, consistent with Florida Statutes
633.202 - 633.228, the Florida Fire Prevention Code, and the Florida editions of NFPA 1, Fire Code, and
NFPA 101, Life Safety Code; and
WHEREAS, the City Commission finds that the creation of a schedule of routine fire inspections is in
the best interest of the public and will assure compliance with the Florida Fire Prevention Code throughout the
City; and
WHEREAS, the City Commission desires to amend the current Fire Safety and Emergency Services
Section of the Code of Ordinances to establish a fee schedule for fire safety inspections based on occupancy
load.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 96, "Fire Safety and Emergency Services", Section 96.02, "Inspections
Required", of the Code of Ordinances of the City of Delray Beach is hereby renamed and amended to read as
follows:
Sec. 96.02. - . FIRE SAFETY INSPECTIONS.
.6, All owners or occupants of buildings, with the exception of single family homes and fee
simple townhomes, are required to permit the Chief of the Fire -Rescue Department, or his designee, to
inspect or to have inspected, at a minimum, on an annual basis, or as otherwise determined necessary
by the Chief of the Fire Rescue Department, -their buildings or premises to see that this Chapter is
complied with, and it is made the duty of the Chief of the Fire -Rescue Department, or his designee, to
make or cause to be made an inspection whenever and wherever he the Chief of the Fire -Rescue
Department, or designee, may suspect a violation of this Chapter.
JB1 Fire Safe1y Inspections will be conducted in accordance with Florida Statutes Sections
633.202 - 633,228, "The Florida Fire Prevention Code," as adopted by the State Fire Marshal in Rule
69A-60 of the Florida Administrative Code which may be amended from time to time
4Q Occupancytypes requiring inspection for licensing or certification shall be conducted by
the Authority Having Jurisdiction (AHTS as defined by the National Fire Protection Association
FPA .
�D� The City Commission shall adopt by resolution fees for fire safety inspections The
fees for fire safe inspections, perms are based on fixed property use and shall be paid to the
City. Re -inspections shall be assessed an additional per -trip fee A copy of the current inspection rates
may be found in the City Clerk's Office and the Delray Beach Fixe -Rescue Department
Section 2. All ordinances or parts of ordinances in conflict be and the same are hereby repealed.
Section 3. Should any section or provision of this Ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remainder of this Ordinance.
Section 4. Specific authority is hereby given to codify this Ordinance.
Section 5. This Ordinance shall become effective immediately upon adoption.
PASSED AND ADOPTED in regular session on second and final reading on this the 7b day of
February, 2017.
ATTEST:
City Clerk
First Reading: January 24, 2017
Second Reading: February 7, 2017
MAYOR
2 Ord No. 04-17
nue
City of Delray Beach 100 N.W. h, FL 34
Delray Beach, FL 33444
Legislation Text
File #: 17-080, Version: 1
TO: Mayor and Commissioners
FROM: L. Keith Tomey, III, Acting Fire -Rescue Chief
THROUGH: Chief Neal de Jesus, Interim City Manager
DATE: January 24, 2017
ORDINANCE NO. 04-17: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY
SERVICES", BY RENAMING AND AMENDING SECTION 96.02, "INSPECTIONS REQUIRED" TO
PROVIDE A SCHEDULE FOR FIRE SAFETY INSPECTIONS AND RELATED FEES (FIRST
READING)
Recommended Action:
Motion to Approve Ordinance No. 04-17 amending Chapter 96, "Fire Safety and Emergency
Services", by renaming and amending section 96.02, "Inspections Required" to provide a schedule
for Fire Safety Inspections and related fees.
Background:
It is necessary and appropriate to create a schedule of routine fire safety inspections in order to
maintain the public health, safety and welfare of residents, business owners and visitors of the City of
Delray Beach. The fire safety inspections shall be required for specific occupancy types, excluding
single family residences and fee simple townhomes, and shall be consistent with Florida Statutes, the
Florida Fire Prevention Code, and the Florida editions of NFPA 1, Fire Code, and NFPA 101, Life
Safety Code. The fire safety inspections shall be performed at a minimum, on an annual basis, or
otherwise determined necessary by the Chief of Fire -Rescue.
City Attorney Review:
Approved as to form and legal sufficiency.
Finance Department Review:
Finance recommends approval.
Funding Source:
N/A
Timing of Request:
N/A
City of Delray Beach Page 1 of 1 Printed on 1/19/2017
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