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60-85 ORDINANCE NO. 60-85 AN ORDINANCE OF THE CITY COUNCIL OF THE C1TY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 11, '~FIRE PROTECTION AND PI~EVENTIONtv, OF THE CODE OF ORDINANCES OF THE C1TY OF DELRAY BEACH~ FLORIDA~ BY REPEALING SECTION 11-21, ~MODIFICATIONS IN CODE~, AND ADOPTING A NEW SECTION 11-21, ~CODE EXEMPTIONS~, TO PROVIDE EXEMPTIONS TO THE FI~E CODE OTHER THAN STATE MINI- MUM CODES UPON THE APPLICATION OF THE OWNER OR AGENT OF THE OWNER~ PROVIDING THE CIRCUMSTANCES UNDER WHICH SUCH EXEMPTIONS CAN BE GRANTED; PROVIDING A REPEALER CLAUSE~ PROVIDING A SAVING CLAUSE~ PROVIDING AN EFPEC?IVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section L That Section 11-21, ~Modifieations in code~, of the Code of Ordinances of the City of De]ray Beach, Florida, be, and the same is hereby repealed. Section 2. That a new Section 11-21, ~Code exemptions~, of the Code of Ordinances of the City of De]ray Beach, Florida, be, and the same is hereby enacted to read as follows: See. 11-21. Code exemptions. The chief of the fire department or the chief of the bureau of fire prevention sh~ll have the power to modify any of the provisions of the fire code other than the provisions of any state minimum codes under the following circumstances: (A) A written application has been sent to the fire official by the owner or the authorized agent of the owner demonstrating either of the following= (1) That there are practical difficulties which prevent strict adherence to the code requirements and that the requested modification to the code requirements is in keeping with the spirit of the code and shall not jeopardize public safety. (2) That a change to an existing code imposing a new requirement on existing structures placed a previously conforming structure in violation of the code. That the requirement in question would necessitate the installation of a sprinkler system or a structural alteration to the buildin~ other than a change in a window, door or locking device, or the necessity for more than minor holes. That the new requirement does not result specifically from a change in the use of the structure. That the g?anting of the exemption does not pose a hazard to the publie or to the occupants of the strueture. That the owner agrees to post any notices required by the fire department warning the public or the oeeupe~ts of the non-compliance, and that further the owner agrees to hold the City harmless for any injury or property damage resulting from the owner's decision not to comply with the retroactive code provision. This exemption shall not be available in circumstances where the requirement to modify an existing building resulted from an alteration to the portion of the structure containing the non- conformity, or from repairs or alterations to the structure which exceed 50 percent of the assessed value of the structure. (B) The partieulars of any modification or exemptions Et'anted under this section shall be recorded in the fries of the fire department and a sigl~ed copy shall be provided to the applicant. Modifications to state minimum codes shall be controlled by the provisions of those codes which set standards or conditions for granting exemptions to the minimum code. Section $. That al~ ordinances or parts of ordinances which ate in conflict herewith ate hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any/)aragraph, sentenee, 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 thereof other than the /)art declared to be invalid. Section 5. That this ordinance shall become effective ten (10) after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 25th day of June ,1985. ATTEST.. First Reading June 11, 1985 Second Reading June 25, .1985 - 2 - ORD. NO. 60-85