63-81 ORDINANCE NO. 63-81
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA AMENDING CHAPTER 11 "FIRE PROTECTION AND
PREVENTION", ARTICLE II "FIRE PREVENTION" OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY AMEND-
ING SECTION 11-18 "SECTION 14.4 OF CODE AMENDED: AUTO-
MATIC SPRINKLER SYSTEMS" TO REQUIRE AUTOMATIC SPRINKLER
SYSTEMS IN ALL BUILDINGS MORE THAN FOUR (4) STORIES OR
FIFTY (50) FEET ABOVE THE LOWEST LEVEL OF FIRE DEPARTmeNT
VEHICLE ACCESS; ENACTING SECTION 11-27 "REQUIREMENTS FOR
INSTALLATION OF FUEL TANKS" TO IMPOSE VARIOUS REQUIRE-
MENTS ON THE INSTALLATION OF FUEL TANKS; PROVIDING A
SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA,' AS FOLLOWS:
Section 1. That Chapter 11 ~Fire Protection and Prevention", Article
II "Fire Prevention", Section 11-18 "Section 14.4 of code amended: Auto-
matic sprinkler systems", of the Code of Ordinances of the City of Delray
Beach, Florida, is hereby amended to read as follows:
Section 14.4 of the Fire Prevention Code of 1976, as recommended by
the American Insurance Association and adopted and incorporated by ref-
erence into the Code of Ordinances of the city by section 11-17, thereof,
is hereby amended as follows:
(A) Approved automatic sprinkler systems shall be installed
throughout the following buildings and structures or ap-
propriate sections thereof~~~~~q-~-{~-
for which building permits are issued after
september 22,_1981.
(1) The following buildings of an institutional character:
Hospitals, nursing homes, homes for the aged, con-
valescent centers, jails and penal institutions, nurs-
eries caring for children which are bedridden and all
occupancies and uses of similar nature to those herein
stated, without regard to the type of construction or
height of the building or structure involved.
(2) All buildings more than four (4) stories or
fifty (50) feet above the lowest level of Fire
Department Vehicle access.
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(3) (~) Ail portions or sections of buildings and structures
which are below grade or which constitute the basement
area of a building or structure or vehicle parking
areas, shall have automatic sprinkler systems regard-
less of square footage of floor area or type of con-
struction.
(4)4- (B) The above provisions shall also apply to buildings
~t~--em---A~mbb--~z~,---~9~$- for which building permits
were issued on or before September 22~ .!.9.81, if alterations
or repairs are made to said buildings within the time period
and to the extent hereinafter set forth.
(1) If, within any twelve (12) month period, alterations or
repairs costing in excess of fifty percent (50%) of the
then physical value of the building are made to an
existing building, such building shall be made to
conform to the requirements of this section for new
buildings.
(2) If an existing building is damaged by fire or otherwise
~-- in excess of fifty percent (50%) of its then physical
value, before such damage is repaired, it shall be made
to conform to the requirements of this section for new
buildings.
(3) If the cost of such alterations or repairs within any
twelve (12) month period or the amount of such damage
as referred to in paragraph (2) is more than
twenty-five per cent (25%) but not more than fifty per
cent (50%) of the' then physical value of the building
the portions to be altered or repaired shall be made to
conform to the requirements Of this section for new
buildings to such extent as the building official may
determine.
(4) The physical value of the building as referred to in
(B)(1), (2) and (3) above, shall be determined by the
building official.
(C) The automatic sprinkler systems herein referred to and the
installation thereof which are required by this section
shall conform to the current adopted edition of the National
Fire Protection Association Standard No. 13 entitled "Stand-
ards for the Installation of Sprinkler gYstems."
Section 2. That Chapter i1 "Fire Protection and Prevention", Article
II "Fire Prevention"of the Code of Ordinances of the City of Delray Beach,
Florida is hereby amended by enacting Section 11-27 "Requirements for
Installation of Fuel Tanks" to read as follows:
Sec. 11-27 Requirements for installation of fuel tanks
(1) Permit required for all installations. It shall be
unlawful for any person to install, place, locate,
bury, erect or maintain, or to aid or assist in the
installation, placing, locating, burying, erecting or
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maintaining of any tank designed or intended to be used
for the storage of any Class I, II or III liquid, as
defined and set forth in the Fire Prevention Code and
the National Fire Code, and commonly used for fuel,
upon any property or premises within the City, unless
there first be secured approval from the fire depart-
ment and a written permit from the City.
(2) Information to be furnished by applicant for permit. It
shall be the duty of an applicant for such a permit to
furnish written application to the fire department and
a fee in the sum of ten dollars ($10.00) to cover the
cost of investigation, which application shall show the
following information:
a. The name and address of the applicant.
b. The name and address of the owner of the premises.
c. The legal description of the premises and its
street location°
d. The zoning district in which such property is
located.
e. A sketch showing the exact proposed location of
the tank upon or under the premises; also, the
exact location of any other existing tanks upon or
under the premises.
f. The size, type, construction, capacity and purpose
of the proposed tank or tanks and any other exist-
ing tanks.
(3) Type, construction~ design and installation to meet
regulation of the Fire Prevention Code, as recommended
by the American Insurance Association. The location,
design, construction and installation of all such tanks
must comply with all ordinances of the city, including
zoning, building and fire codes. In addition~ the type,
construction, design and installation thereof must
confrom strictly to the rules.and regulations of the
Fire Prevention Code, as recommended by the American
Insurance Association~
(4) Permit refused when fire hazard increases or ordinance
violated. No permit shall be granted where a violation
of any city ordinance is involved, where the fire
marshal determines the operation or. mainten'ance of any
such proposed tank would Unduly increase the fire
hazard of the surrounding neighborhood or property or
where the public safety or welfare is jeopardized.
(5) This ordinance shall not be construed to require a
carrier to obtain a permit for the transportation of
storage tanks or for the storage of same, pending
delivery to the consignee, or to require a manufacturer
or dealer in such tanks to obtain a permit in order to
display the same for sale or where not used for the
storage of any liquid commonly used for fuel.
(6) Forty thousand (40,000) gallon total aggregate storage
limit. It shall be unlawful to construct or install
within the city, facilities for more than forty thou-
sand (40,000) gallons of Class I, II or III flammable
or combustible liquids in any one service or storage
area, except bulk storage plants in industrial areas,
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and no permit shall be granted for storage facilities
in excess of forty thousand (40,000) gallons except as
provided herein.
(7) All aboveground tank installations shall be of a capa-
city of three hundred (300) gallons or less and shall
be in the form of skid tanks. Tanks exceeding three
hundred (300) gallons capacity shall be installed
underground. Aboveground storage tanks in excess of
three hundred (300) gallons capacity now in use shall
not be replaced with aboveground tanks but only with
underground tanks.
(8) All bulk storage plants shall use underground storage
tanks only, regardless of capacity.
Section 3. That 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 hereof as a whole or part thereof
other than the part declared to be invalid.
Section 4. That this ordinance shall become effective ten days after
passage on the second and final reading.
PASSED aND ADOPTED in regular session on second and final reading on
this the 22nd day of September , 1981.
-- MAYOR
LEON M. WEEKES
ATTEST:
First Reading September 8, 1981
Second Reading September.22, 1981..
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