Ord 46-06
~
)
ORDINANCE NO. 46-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRA Y BEACH, FLORIDA, BY AMENDING
CHAPTER FOUR "ZONING REGULATIONS", SECTION
4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES",
BY ENACTING A NEW SECTION 4.3.3(00),
"MULTIFAMILY RESIDENTIAL BUILDINGS EQUIPPED
WITH ELEVATORS", TO REQUIRE THAT ALL NEW
MULTIFAMILY RESIDENTIAL BUILDINGS THAT ARE
EQUIPPED WITH PUBLIC ELEVATORS AND APPLY FOR
A BUILDING PERMIT AFTER THE EFFECTIVE DATE OF
THIS ORDINANCE PROVIDE AUXILIARY POWER
GENERATORS FOR ALL INTERIOR CORRIDOR
LIGHTING AND EXIT SIGNS AND AT LEAST ONE (1)
PUBLIC ELEVATOR AND CERTAIN EXISTING
MULTIFAMILY RESIDENTIAL BUILDINGS THAT ARE
EQUIPPED WITH PUBLIC ELEVATORS SHALL HAVE SIX
(6) YEARS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE TO PROVIDE SAME; PROVIDING FOR
THE WAIVER OF BUILDING PERMIT FEES; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to
protect the public health, safety and welfare of its citizens; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to
be in the public's best interest to establish regulations to require that multifamily residential buildings
that are equipped with public elevators must provide auxiliary power generators for all interior
corridor lighting and exit signs and for at least one (1) public elevator to help ensure that all
residents are able to safely exit all buildings; and
WHEREAS, the City Commission of the City of Delray Beach, Florida has determined it to
be in the public's best interest to establish regulations to require that certain existing multifamily
residential buildings, hotels and motels over a certain height be required to provide auxiliary power
generators, for all interior corridor lighting and exit signs and for at least one (1) public elevator to
help ensure that all residents are able to safely exit all buildings, within six years of the adoption of
this Ordinance; and
"
/'
WHEREAS, the City Commission is aware of the passage of HB 7121 which provides that
any condominium 75 ft. or higher, having at least one public elevator, must provide an alternate
power source for the elevator by December 31, 2007 and that the provisions of this proposed
ordinance do not conflict with HB 7121 and are in addition to those set forth by HB 7121.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 4.3.3(00), "Multifamily Residential Buildings Equipped with
Elevators", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the
same is hereby enacted to read as follows:
(00) Multifamily Residential BuilcfulgS Eq.uipped with Elevators:
(1) Generators:
(a) All new multifamily residential buildings (including hotels and
motels) equipped with public elevators that apply for a building
permit after the effective date of this ordinance shall provide auxiliafJ"
power generators for all interior corridor lighting and exit signs and
at least one (1) public elevator: and
(1)) all existing (as of the date of this ordinanc~ multifamily residential
buildings. including but not limited to apartments. hotels and motels.
but excluding condominiums. that are three stories or more in height.
and that are eq.uipped with public elevators. shall provide auxilillty
power generators for all interior corridor lighting and exit sigJIs and
at least one (1) public elevator within six (6) years of the effective
date of this ordinance: and
(c;) all existitlg (as of the date of this ordinanc~) condominium residential
buildings that are equipped with public elevators and that are three
stories or more in height. shall provide auxiliafJ" power generators for
all interior corridor lighting and exit signs and at least one (1) public
elevator within six (6) years of the effective date of this ordinance.
unless by a two-thirds vote of the unit owners it is agreed to not
provide the auxilillt;y power generators: and
Cd) in the event that a condominium residential building is converted to
an apartment residential building. or vice versa. the building shall be
required to comply with the applicable City ordinances.
2
ORD NO. 46-06
("
)
(e)
Generators shall not be dependent on a municipal water supply for
cooling purposes: and
(f)
Generators shall be desigJIed and eq.uipped to operate the full
capacity of the equipment being served for a period not less than one
hundred twenty (12Q) hours: and
(g)
Generators shall be tested at least once a month and a test log shall
be maintained for inspection by the City of Delray Beach. upon
request.
(4)
All building permit fees for the installation of the generators installed
pursuant to this ordinance shall be waived.
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.
~ PASSED ~? !RO~? ~ regular session on second and final reading on this the
'J"d" day of ~ .2006.
ATTEST:
~ l tJ..,
YOR
First Reading
Second Reading
3
ORD NO. 46-06
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM:
CITY MANAGER
AGENDA ITEM #\0,1) - REGULAR MEETING OF SEPTEMBER 5,2006
ORDINANCE NO. 46-06
SUBJECT:
DATE:
SEPTEMBER 1,2006
This ordinance is before Commission for second reading and public hearing to amend Land
Development Regulations (LDR) Section 4.3.3, "Specific Requirements for Specific Uses" by enacting
a new section 4.3.3 (00), "Multifamily Residential Buildings Equipped with Elevators" to require the
installation of auxiliary power generators for all interior corridor lighting and exit signs; and at least
one (1) public elevator.
At the first reading on August 15,2006, the Commission passed Ordinance No. 46-06.
Recommend approval of Ordinance No. 46-06 on second and final reading.
S:\City Clerk\agenda memos\Ord. No. 46-06 Auxiliary Generator 090506
[ITY DF DElRAY BEA[H
~K..
,:1
'( 1.
~ ;
CITY ATTORNEY'S OFFICE
:'()iJ '.J\V hi AVENt T. DFIRAY BEACH, FLORIDA 33444
! I.L[PHONE: )()1!2U7iIC;(J. FA.CSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
F lOR I D A
lIad
AII.America City
, III I! DATE:
TO:
MEMORANDUM
August 1 , 2006
1993
2001
City Commission
David Harden, City Manager
FROM:
SUBJECT:
Susan A. Ruby, City Attorney
Proposed Ordinance Reauirino Generators in Multifamilv Buildinos
This ordinance applies to new multifamily residential buildings and requires a
generator for interior corridor lighting, exit signs and for at least one elevator.
Existing multifamily residential buildings three stories or more in height must
provide the above within six years provided, however, that if two-thirds of
condominium unit owners vote to opt out, they will not be required to comply. This
ordinance is in addition to HB 7121 which requires any condominium 75 feet or
higher to have a generator for at least one public elevator.
u have any questions.
cc: Chevelle Nubin, City Clerk
1~.R
ORDINANCE NO. 46-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRA Y BEACH, FLORIDA, BY AMENDING
CHAPTER FOUR "ZONING REGULATIONS", SECTION
4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES",
BY ENACTING A NEW SECTION 4.3.3(00),
"MULTIFAMILY RESIDENTIAL BUILDINGS EQUIPPED
WITH ELEVATORS", TO REQUIRE THAT ALL NEW
MULTIFAMILY RESIDENTIAL BUILDINGS THAT ARE
EQUIPPED WITH PUBLIC ELEVATORS AND APPLY FOR
A BUILDING PERMIT AFTER THE EFFECTIVE DATE OF
THIS ORDINANCE PROVIDE AUXILIARY POWER
GENERATORS FOR ALL INTERIOR CORRIDOR
LIGHTING AND EXIT SIGNS AND AT LEAST ONE (1)
PUBLIC ELEVATOR AND CERTAIN EXISTING
MULTIFAMILY RESIDENTIAL BUILDINGS THAT ARE
EQUIPPED WITH PUBLIC ELEVATORS SHALL HAVE SIX
(6) YEARS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE TO PROVIDE SAME; PROVIDING FOR
THE WAIVER OF BUILDING PERMIT FEES; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to
protect the public health, safety and welfare of its citizens; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to
be in the public's best interest to establish regulations to require that multifamily residential buildings
that are equipped with public elevators must provide auxiliary power generators for all interior
corridor lighting and exit signs and for at least one (1) public elevator to help ensure that all
residents are able to safely exit all buildings; and
WHEREAS, the City Commission of the City of Delray Beach, Florida has determined it to
be in the public's best interest to establish regulations to require that certain existing multifamily
residential buildings, hotels and motels over a certain height be required to provide auxiliary power
generators, for all interior corridor lighting and exit signs and for at least one (1) public elevator to
help ensure that all residents are able to safely exit all buildings, within six years of the adoption of
this Ordinance; and
WHEREAS, the City Commission is aware of the passage of HB 7121 which provides that
any condominium 75 ft. or higher, having at least one public elevator, must provide an alternate
power source for the elevator by December 31, 2007 and that the provisions of this proposed
ordinance do not conflict with HB 7121 and are in addition to those set forth by HB 7121.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 4.3.3(00), "Multifamily Residential Buildings Equipped with
Elevators", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the
same is hereby enacted to read as follows:
(00) Multifamily Residential Building:> Equipped with Elevators:
(1) Generators:
(a) All new multifamily residential building:> (including hotels and
motels) equipped with public elevators that apply for a building
permit after the effective date of this ordinance shall provide a~
power generators for all interior corridor lighting and exit signs and
at least one (1) public elevator: and
(1)) all existing (as of the date of this ordinance) multifamily residential
buildings. including but not limited to apartments. hotels and motels.
but excluding condominiums. that are three stories or more in height.
and that are equipped with public elevators. shall provide aUJeilillry
power generators for all interior corridor lighting and exit sigJIs and
at least one (1) public elevator within six (6) years of the effective
date of this ordinance: and
(c) all existing (as of the date of this ordinance) condominium residential
buildings that are equipped with public elevators and that are three
stories or more in height. shall provide auxiliary power generators for
all interior corridor lighting and exit sigJIs and at least one (1) public
elevator within six (6) years of the effective date of this ordinance.
unless by a two-thirds vote of the unit owners it is agreed to not
provide the auxiliary power generators: and
(d) in the event that a condominium residential building is converted to
an apartment residential building. or vice versa. the building shall be
required to comply with the applicable City ordinances.
2
ORD NO. 46-06
(e) Generators shall not be dependent on a municipal water supply for
cooling purposes: and
(0 Generators shall be desigJIed and equipped to operate the full
capaci1;y of the equipment being served for a period not less than one
hundred twenty (120) hours: and
(g) Generators shall be tested at least once a month and a test log shall
be maintained for inspection by the City of Delray Beach. upon
request.
(h) All building permit fees for the installation of the generators installed
pursuant to this ordinance shall be waived.
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.
final reading.
That this ordinance shall become effective upon its passage on second and
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2006.
ATTEST:
City Clerk
MAYOR
First Reading
Second Reading
3
ORD NO. 46-06