Ord 11-04ORDINANCE NO. 11-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY BEACH CODE
ENFORCEMENT", BY AMENDING SECTION 37.45, "SUPPLEMENTAL
CODE ENFORCEMENT PROCEDURES", TO PROVIDE FOR
ENFORCEMENT OF THESE REGULATIONS; AMENDING CHAPTER 96,
"FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY ENACTING
SECTION 96.09, "PROCESSES DEEMED HAZARDOUS TO LIFE AND
PROPERTY", TO PROVIDE THAT CERTAIN FIRE OFFICIALS MAY
ORDER THE IMMEDIATE CESSATION OF AN ACTIVITY THAT IS
HAZARDOUS TO LIFE AND PROPERTY; ENACTING SECTION 96.10,
"EVACUATION OF OCCUPIED BUILDINGS OR STRUCTURES", TO
PROVIDE THAT CERTAIN FIRE OFFICIALS MAY ORDER THE
EVACUATION OF OCCUPIED BUILDINGS; REPEALING SECTION 96.16,
"CERTAIN CODES ADOPTED BY REFERENCE", AND ENACTING A
NEW SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", BY
ADOPTING STATE LAw AS WELL AS OTHER CODE SECTIONS;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND
AN EFFECTIVE DATE.
WHEREAS, the City follows certain National Fire Protection Association codes in relation
to minimum fire safety standards and the Florida Fire Prevention Code; and
WHEREAS, Florida Statute Chapter 633 provides for a uniform fire safety standard and
code to be followed by all local governments; and
WHEREAS, the City wishes to modify certain portions of its code to provide greater safety
standards for the public; and
WHEREAS, the City Commission deems it to be in the public interest to adopt State Law,
as it may be amended, as well as other amendments to the Fire Prevention Code as it relates to
minimum fire safety standards and the Florida Fire Prevention Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 37, "Delray Beach Code Enforcement", Section 37.45,
"Supplemental Code Enforcement Procedures", of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
Sec. 37.45. SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES.
(A) The provisions of this section are additional and supplemental means of enforcing
the City's ordinances and may be used for the enforcement of any non-criminal ordinance, or for the
enforcement of all non-mai ordinances. Nothing contained in this section shall prohibit the City
from enforcing its codes or ordinances by any other means.
03) A Code Enforcement Officer and/or Fire Safety Inspector is authorized to issue a
citation to a person when, based upon personal investigation, the officer/inspector has reasonable
cause to believe that the person has committed a civil infraction in violation of a duly enacted code
or ordinance and that the County Court will hear the charge.
(C) Prior to issuing a citation, a Code Enforcement Officer and/or Fire Safety Inspector
shall provide notice to the person that the person has committed a violation of a code or ordinance
and shall establish a reasonable time period within which the person must correct the violation. Such
time period shall be not more than flinty 00) days. If, upon personal investigation, a Code
Enforcement Officer and/or Fire Safety Inspector finds that the person has not corrected the
violation within the time period, a Code Enforcement Officer and/or Fire Safety Impector may
issue a citation to the person who has committed the violation. A Code Enforcement Officer
and/or Fire Safety Inspector does not have to provide the person with a reasonable time period to
correct the violation prior to issuing a citation and may immediately issue a citation if the Code
Enforcement Officer and/or Fire Safety Inspector has reason to believe that the violation presents a
serious tl~eat to the public health, safety, or welfare, or if the violation is irreparable or irreversible.
contain:
A citation issued by a Code Enforcement Officer and/or Fire Safe .ty Inspector shall
(1) The date and time of issuance.
(2) The name and address of the person to whom the citation is
(3) The date and time the civil infraction was committed.
(4) The facts constituting reasonable cause.
(5) The number or Section of the code or ordinance violated.
(6) The name and authority of the Code Enforcement Officer and/or
Fire Safety Inspector.
2 ORDINANCE NO. 11-04
The procedure for the person to follow in order to pay any civil
penalty or to contest the citation.
(8)
citation.
The applicable civil penalty if the person elects to contest the
(9) The applicable civil penalty if the person elects not to contest the
citation.
(10) A conspicuous statement that if the person fails to pay the civil
penalty within the time allowed, or fails to appear in court to contest
the citation, he shall be deemed to have waived his fight to contest
the citation and that, in such case, judgment may be entered
the person for an amount up to the maximum civil penalty.
against
(E) After issuing a citation to an alleged violator, a Code Enforcement Officer and/or
Fire Safety Inspector shall deposit the original citation and one copy of the citation with the County
Court.
(F) A viohtion of an ordinance enforced in this manner shall constitute a civil infraction.
The person receiving the citation may within ten (10) days from the date of the citation elect to
appeal the citation to County Court or pay the penalty imposed. Should the person fail to pay the
penalty or appeal the citation within the ten days or fail to appear in court to contest the citation,
they shall be deemed to have waived their fight to contest the citation and a judgment up to the
maximum penalty may be entered against them.
(G) The classes and schedule of fines shall be as follows:
(1) Class I - $50.00 fine shall be assessed for:
(a) All violations not specifically enumerated in other fine classes;
and
(b) Violations of Chapter 91, "Animals", excluding sea turtle
provisions.
(2) Class II - $75.00 fine shall be assessed for:
(a) Repeat violations of Class I violations;
(b) Violations of the Land Development Regulations of the City of
Delray Beach;
3 ORDINANCE NO. 11-04
(c) Violations of Chapter 90, "Abandoned Property";
(d) Violations of Chapter 98, "Litter";
(e) Violations of Chapter 99, "Noise"; and
(f) Violations of Chapter 131, "Offenses Against Property".
(3) Class III - $125.00 fine shall be assessed for:
(a) Repeat violations of Class II violations;
(b) Violations of Chapter 91 regarding sea turtles;
(c) Violations of Chapter 96, "Fire Prevention and Fireworks"
.fl'he requirements of Florida Statute Section 633.052 shall
be followed prior to the issuance of a citation);
(d) Violations of Chapter 97, "Health and Safety"; and
(e) Violations of Chapter 101, "Parks, Beaches, and
(4) Class IV - $250.00 fine shall be assessed for:
(a) Repeat violations of Class III violations;
(b) Violations of Section 51.02, "Dumping on Property Owned
by Others Prohibited";
(c) Violations of Section 51.20, "Industri,I and Hazardous
Waste Disposal";
(d) Violations of Section 51.57, "Contagious Disease Refuse
and Hypodermic Needles";
(e) Violations of Section 51.59, "Offensive Deposits; Burying
and Depositing in Waterways"; and
(f) Violations of Chapter 53, "Sanitary Sewers", pertaining to
discharges into sanitary sewer system.
4 ORDINANCE NO. 11-04
(H) Any person who willfully refuses to sign and accept a citation issued by a Code
Enforcement Officer and/or Fire Safe .ty Inspector shall be guilty of a misdemeanor of the second
degree, punishable as provided in F.S. Sections 775.082 or 775.083.
Section 2. That Chapter 96, "Fire Safety and Emergency Services", Section 96.09,
"Processes Deemed Hazardous to Life and Property", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby enacted to read as follows:
Sec. 96.09. PROCESSES DEEMED HAZARDOUS TO LIFE AND PROPERTY.
(A) The Fire Chief. Fire Marshal or Fire Inspector or any Fire-Rescue Department
Officer may order the immediate cessation of any activi .ty. operation or process when such activity.,
operation or process is in violation of the State Prevention Code. or other fire safety ordinance, or
when. in the !ud~m-nent of any of those named above, such operation, activity or process constitutes a
severe and immediate hazard to persons or property.
.(B) Any person, who. after being served with either a verbal or written order to cease
such severe and immediate hazardous activity., operation or process, willfully fails or refuses to
comply with such an order shall be sub!ect to immediate arrest.
Section 3. That Chapter 96, "Fire Safety and Emergency Services", Section 96.10,
"Evacuation of Occupied Buildings or Structures", of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby enacted to read as follows:
Sec. 96.10. EVACUATION OF OCCUPIED BUILDINGS OR STRU(3q?IJRES,
The Fire Chief. Fire Marshal. any Fire Inspector or any Fire-Rescue Department officer may
order the immediate evacuation of any occupied building or structure or assembly area when such
building, structure or assembly area is deemed hazardous due to fire hazard, obstruction to exits.
overcrowding of the premises, or any other hazard or potential which presents immediate danger to
the occupants. The premises, or any portion thereof, may not be reoccupied until it has been
examined and deemed free of the hazard or potential which caused the evacuation to be ordered.
Persons refusing to obey either a verbal or written order of any of the Fire-Rescue Depa~[ment
officials named above shall be sub!ect to immediate arrest.
Section4. That Chapter 96, "Fire Safety and Emergency Services", Section 96.16,
"Certain Codes Adopted by Reference", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby repealed and a new Section 96.16, "Certain Codes Adopted by
Reference", is hereby enacted to read as follows:
5 ORDINANCE NO. 11434
Sec. 96.16. CERTAIN CODES ADOPTED BY REFERENCE.
(A) The city. adopts by reference and Mcorp. orates into this Code as though fully set out
herein, that certain code. as it may from time to time be amended, known as the Florida Fire
Prevention Code. Chapter 36 of the Florida B,ilding Code (2001). and the incorporated standards.
The city. adopts by reference and incorporates into this Code. as thou_e_h fully set out
herein, those specific codas and srandurd~, from the Florid, Fire Prevention code. Chapter 36 of the
Florida Building Code (2001). In addition to the codes adopted by the Florida Fire Prevention
Code. the City. of Delray Beach adopts National Fire Protection Association codes listed below
ma e am n ed:
NFPA 18 1995 Wetting Agents
NFPA 22 1998 Water Tanks for
Private Fire Protection
NFPA 50 2001 Bulk Oxygen Systems
at Consumer
NFPA 50A 1999 Gaseous Hydrogen
Systems at Consumer
Sites
NFPA 53 1999 Oxygen-Emiched
Atmospheres
NFPA 92B 2000 Smoke Management
Systems in Malls, Atria,
Large Areas
NFPA 10lB 1999 ' Means of Egress
NFPA 102 1995 Assembly Seating,
Tents, and Membrane
Structures
NFPA 105 1999 Smoke Control Door
Assemblies
NFPA 115 1999 Laser Fire Protection
NFPA 140 1999 Motion Picture and TV
Production Facilities
NFPA 160 2001 Flame Effects Before
an Audience
NFPA 170 1999 Fire Safety Symbols
NFPA 203 2000 Roof Coverings and
Roof Deck
Construction
NFPA 204 1998 Smoke and Heat
Venting
6 ORDINANCE NO. 11-04
NFPA 258 2001 Research Test Method
for Determining
Smoke Generation of
Solid Materi~N
NFPA 287 2001 Flammability of
Materials in Clean
rooms
NFPA 302 1998 Pleasure and
Commercial Motor
Craft
NFPA 306 1997 Control of Gas
Hazaxds on Vessels
NFPA 326 1999 Safeguaxding Tanks
and Containers
NFPA 408 1999 Aircraft Hand Portable
Fire Extinguishers
NYPA 423 1999 Construction and
Protection of Aircraft
Engine Test Facilities
NFPA 496 1998 Purged and
Pressurized Enclosures
for Electxical
Equipment
NFPA 502 1998 Road Tunnels, Bridges,
and Limited Access
Highways
NFPA 51 $ 1998 Motor Freight
Terminals
NFPA 560 1995 Ethylene Oxide for
Sterilization and
Fumigation, Storage,
Handling, and use of
NFPA 601 2000 Security Services in
Fire Loss Prevention
NFPA 720 1998 Household Carbon
Monoxide Warning
Equipment
NFPA 780 1997 I Inst~lhtion of Lighting
Protection Systems
NFPA 801 1998 Facilities Handling
Radioactive Matexials
7 ORDINANCE NO. 11-04
NFPA 820 1999 Fire Protection in
Wastewater Treatment
and Collection
Facilities
NFPA 914 2001 Fire Protection in
Historic Stractures
NFPA 1141 1998 Planned Building
Groups
NFPA 1962 1998 Cate, Use and Service
Testing of Fire Hose
Including Connections
and Nozzles
NFPA 1961 1997 Fire Hose
The City. hereby adopts the following amendments to the Fire Prevention Code of the
National Fire Protection Association. N.F.P.A. Pamphlet No. 1. included in the Florida Fire
Prevention Code. Chapter 36 of the Florida Building Code (2001). adopted in this article:
Section 7-3.2 is amended to include the following language:
Approved automatic fire sprinkler systems as hereinafter defined shall be installed
throughout hereinafter constructed buildings and structures or appropriate sections thereofi
(a) The following bulldin~ of an institutional or educational ~h~rter:
all hospitals, ambulatory., surreal or treatment centers, m~r~ing homes, homes for the
aged. convalescent centers, rehabilitation facilities, day care centers c~rin~ for more
than 12 clients under 1 year of age. adult con-megate living facilities, 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.
(b) All wood or partial wood frame bulldin~ or sm~cmres which are ?
stories or more than 20 feet in height as measured from finish _mound floor _grade to
the underside of the topmost roof assembly. Single-family homes, duplexes and
townhouses shall be exempt from this requirement, except as provided in section (d)
bdow.
(c) All buildin_~ or structures re_tmrdless of the .type of construction
which are 3 stories or more in height or all buildings or structures in excess of ~0 feet
in height as measured from the finish -mound floor -made to the ~nder~ide of the
topmost roof assembly.
8 ORDINANCE NO. 11-04
(d) All buildin~ or structures re~.rdless of the .type of construction
which are in excess of 12.000 square feet per floor, or an a~e~te of 12.000 square
feet if there is unprotected communication between floors or intermediate sp~¢es.
(e) All portions or sections of buildings or structures which are below
~ade or which constitute the basement area of a building or structure regardless of
square footage of floor area or .type of constm¢~on.
The automatic fire sprinkler systems herein referred to and the
installation thereof which is required by this ordinance shall be as contained in and
provided for with the applicable standard specified for this section under appendix A
of this Fire Prevention Code.
Section 7-2.2.2 is amended to include the following lan~tmage:
All hereafter constructed buildin~ and structures more than 3 stories in height or 36
feet in height or all buildin~ more than 2 stories in height and more than 30.000 square feet
per floor level shall be equipped with approved Class 1 standpipes to provide reasonable
safety, to persons and property..
For purposes of this section, height is measured from finish ~ound floor ffrade to
the underside of the topmost roof assembly.
Section 7-2.3 is amended to include the following lan_tmage:
All systems, equipment, tanks, piping, devices, appliances, controls, or stora_t,e
facilities over which the code contains re~malatory provisions, or which are required by any
other law. shall be maintained in operative condition at all times to provide the service for
which installed.
All fire sprinkler, standpipe, and fire pump systems shall be arm~,lly inspected.
serviced, and maintained under a written service contract with service companies licensed by
the State of Florida to provide such services and which possess a current 9~cgpafional
license for the City. of Delray Beach providing for re~tm~ maintenance and testing of the
systems in accordance with the applicable standards specified under Appendix A of this Fire
Prevention Code and N.F.P.A. 13A. N.F.P.A. 14A and N.F.P.A. 25.
The service company performin_~ the maintenance and tests shall forward a written
report to the Fire-Rescue Depatm~ent indicating the nature of any repairs, modifications.
and/or corrections completed by the service company, the date and time of such tests and
inspections and any other information which may be required by the fire-rescue services
9 ORDINANCE NO. 11-04
depattment. In addition, a copy of the service report must be maintained on the premises.
and it shall be subject to inspection by the Fire-Rescue Department at any time
Section 7-3.4.2 is amended to include the following lan~tmage:
Valves on connections to water supplies, sectional control and isolation valves,
and other valves in supply pipes to sprinlrlerS and other fixed water- based fire suppression systems
shall be supetwised by an approved Central station~ service.
Section 7-7 is amended to include the following language:
_Any off-site monitoring of required fire alarm/detection devices shall be done at an
approved UL Listed Fire Protection Signaling Systems Central Station. It shall be the
responsibility, of the building owner to provide and maint~lin a current valid UL Fire Alarm
Certificate on the building's fire alarm system.
Section ~. 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 6. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 7.
final reading.
That this ordinance shall become effective upon its adoption on second and
P,~SS~ED AND ADOPTED in
day o~$.,~ .200~.
City Clerk
First Reading. ~.. o~Dtg~
regnl~r session on second and final reading on this the / 7
10 ORDINANCE NO. 11-04
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ O~. - REGULAR MEETING OF FEBRUARY 17. 2004
ORDINANCE NO, 11-04 (PROVIDING FOR THE ADOPTION AND
ENFORCEMENT OF THE MINIMUM STATE FIRE CODE)
FEBRUARY 13, 2004
This ordinance is before Commission for second reading to provide for the adoption and
enforcement of the minimum State Fire Code together with local amendments recommended by our
Fire Department.
At the first reading on February 3, 2004, the Commission passed Ordinance No. 11-04.
Recommend approval of Ordinance No. 11-04 on second and final reading.
&\City Clerk\agenda memo*.Otd 11.04.State Fire Code 0Z17.04
[ITY OF DELRI1¥ BEfl[H
CITY ATTORNEY'S OFFICE 209 bi-Tv ].st AVENUE ', DELRA¥ BEACH, FLOR,DA 3~444
TELEPHONE 561/243-7090 * FACSIMILE 561/278-4755
1993
DATE:
TO:
Wdter's Direct Line: 561/243-7091
MEMORANDUM
January 23, 2004
FROM:
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Adoption of the Florida Fire Prevention Code
Florida Statutes have provided for the minimum fire code that must be followed by
all local governments. However, local governments are allowed to enact more
stringent requirements. The attached ordinance provides for the adoption of the
Florida Fire Prevention Code, along with some amendments to the code (providing
for more stringent requirements), as the minimum fire safety code for the City.
The ordinance also provides for the enforcement of the code as well as granting
authority to the fire department to take certain actions if there is an immediate
hazard to persons or property.
By copy of this memo to David Harden, our office requests that this item be placed
on the February 3, 2004 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Kerry Koen, Fire Chief
Bill Adams, Asst. Fire Chief
ORDINANCE NO. 11-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY
BEACH CODE ENFORCEMENT", BY AMENDING SECTION 37.45,
"SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", TO
PROVIDE FOR ENFORCEMENT OF THESE REGULATIONS;
AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY
SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY ENACTING SECTION 96.09, "PROCESSES
DEEMED HAZARDOUS TO LIFE AND PROPERTY", TO PROVIDE
THAT CERTAIN FIRE OFFICIALS MAY ORDER THE IMMEDIATE
CESSATION OF AN ACTIVITY THAT IS HAZARDOUS TO LIFE AND
PROPERTY; ENACTING SECTION 96.10, "EVACUATION OF
OCCUPIED BUILDINGS OR STRUCTURES", TO PROVIDE THAT
CERTAIN FIRE OFFICIALS MAY ORDER THE EVACUATION OF
OCCUPIED BUILDINGS; REPEALING SECTION 96.16, "CERTAIN
CODES ADOPTED BY REFERENCE", AND ENACTING A NEW
SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", BY
ADOPTING STATE LAW AS WELL AS OTHER CODE SECTIONS;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE
AND AN EFFECTIVE DATE.
WHEREAS, the City follows certain National Fire Protection Association codes
in relation to minimum fire safety standards and the Florida Fire Prevention Code; and
WHEREAS, Florida Statute Chapter 633 provides for a uniform fire safety
standard and code to be followed by all local governments; and
WHEREAS, the City wishes to modify certain portions of its code to provide
greater safety standards for the public; and
WHEREAS, the City Commission deems it to be in the public interest to adopt
State Law, as it may be amended, as well as other amendments to the Fire Prevention
Code as it relates to minimum fire safety standards and the Florida Fire Prevention
Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 37, "Delray Beach Code Enforcement", Section
37.45, "Supplemental Code Enforcement Procedures", of the Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
Sec. 37.45. SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES.
(A) The provisions of this section are additional and supplemental means of
enforcing the City's ordinances and may be used for the enforcement of any non-
criminal ordinance, or for the enforcement of all non-criminal ordinances. Nothing
contained in this section shall prohibit the City from enforcing its codes or ordinances by
any other means.
(B) A Code Enforcement Officer and/or Fire Safety Inspector is authorized to
issue a citation to a person when, based upon personal investigation, the
officer/inspector has reasonable cause to believe that the person has committed a civil
infraction in violation of a duly enacted code or ordinance and that the County Court will
hear the charge.
(C) Prior to issuing a citation, a Code Enforcement Officer and/or Fire Safety
Inspector shall provide notice to the person that the person has committed a violation of
a code or ordinance and shall establish a reasonable time period within which the
person must correct the violation. Such time period shall be not more than thirty (30)
days. If, upon personal investigation, a Code Enforcement Officer and/or Fire Safety
Inspector finds that the person has not corrected the violation within the time period, a
Code Enforcement Officer and/or Fire Safety Inspector may issue a citation to the
person who has committed the violation. A Code Enforcement Officer and/or Fire
Safety Inspector does not have to provide the person with a reasonable time period to
correct the violation prior to issuing a citation and may immediately issue a citation if the
Code Enforcement Officer and/or Fire Safety Inspector has reason to believe that the
violation presents a serious threat to the public health, safety, or welfare, or if the
violation is irreparable or irreversible.
(D) A citation issued by a Code Enforcement Officer and/or Fire Safety
Inspector shall contain:
(1) The date and time of issuance.
(2)
The name and address of the person to whom the citation is
issued.
(3) The date and time the civil infraction was committed.
(4) The facts constituting reasonable cause.
(5) The number or Section of the code or ordinance violated.
(6)
The name and authority of the Code Enforcement Officer and/or
Fire Safety Inspector.
(7)
The procedure for the person to follow in order to pay any civil
penalty or to contest the citation.
(8)
The applicable civil penalty if the person elects to contest the
citation.
(9)
The applicable civil penalty if the person elects not to contest the
citation.
(10)
A conspicuous statement that if the person fails to pay the civil
penalty within the time allowed, or fails to appear in court to contest
the citation, he shall be deemed to have waived his right to contest
the citation and that, in such case, judgment may be entered
against the person for an amount up to the maximum civil penalty.
(E) After issuing a citation to an alleged violator, a Code Enforcement Officer
and/or Fire Safety Inspector shall deposit the original citation and one copy of the
citation with the County Court.
(F) A violation of an ordinance enforced in this manner shall constitute a civil
infraction. The person receiving the citation may within ten (10) days from the date of
the citation elect to appeal the citation to County Court or pay the penalty imposed.
Should the person fail to pay the penalty or appeal the citation within the ten days or fail
to appear in court to contest the citation, they shall be deemed to have waived their
right to contest the citation and a judgment up to the maximum penalty may be entered
against them.
(G) The classes and schedule of fines shall be as follows:
(1) Class I - $50.00 fine shall be assessed for:
(a) All violations not specifically enumerated in other fine classes;
and
(b) Violations of Chapter 91, "Animals", excluding sea turtle
provisions.
(2) Class II - $75.00 fine shall be assessed for:
(a) Repeat violations of Class I violations;
(b) Violations of the Land Development Regulations of the City of
Delray Beach;
(c) Violations of Chapter 90, "Abandoned Property";
(d) Violations of Chapter 98, "Litter";
(e) Violations of Chapter 99, "Noise"; and
(f) Violations of Chapter 131, "Offenses Against Property".
(3)Class III - $125.00 fine shall be assessed for:
(a) Repeat violations of Class II violations;
(b) Violations of Chapter 91 regarding sea turtles;
(c) Violations of Chapter 96, "Fire Prevention and Fireworks"
(The requirements of Florida Statute Section 633.052 shall
be followed prior to the issuance of a citation);
(d) Violations of Chapter 97, "Health and Safety"; and
(e) Violations of Chapter 101, "Parks, Beaches, and
Recreation".
(4) Class IV - $250.00 fine shall be assessed for:
(a) Repeat violations of Class III violations;
(b) Violations of Section 51.02, "Dumping on Property Owned
by Others Prohibited";
(c) Violations of Section 51.20, "Industrial and Hazardous
Waste Disposal";
(d) Violations of Section 51.57, "Contagious Disease Refuse
and Hypodermic Needles";
(e) Violations of Section 51.59, "Offensive Deposits; Burying
and Depositing in Waterways"; and
(f) Violations of Chapter 53, "Sanitary Sewers", pertaining to
discharges into sanitary sewer system.
(H) Any person who willfully refuses to sign and accept a citation issued by a
Code Enforcement Officer and/or Fire Safety Inspector shall be guilty of a misdemeanor
of the second degree, punishable as provided in F.S. Sections 775.082 or 775.083.
Section 2. That Chapter 96, "Fire Safety and Emergency Services", Section
96.09, "Processes Deemed Hazardous to Life and Property", of the Code of
4
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby enacted to
read as follows:
Sec. 96.09. PROCESSES DEEMED HAZARDOUS TO LIFE AND PROPERTY.
(A) The Fire Chief, Fire Marshal or Fire Inspector or any Fire-Rescue
Department Officer may order the immediate cessation of any activity, operation or
process when such activity, operation or process is in violation of the State Prevention
Code, or other fire safety ordinance, or when, in the judgment of any of those named
above, such operation, activity or process constitutes a severe and immediate hazard to
persons or property.
(B) Any person, who, after bein,q served with either a verbal or written order to
cease such severe and immediate hazardous activity, operation or process, willfully
fails or refuses to comply with such an order shall be subject to immediate arrest.
Section 3. That Chapter 96, "Fire Safety and Emergency Services", Section
96.10, "Evacuation of Occupied Buildings or Structures", of the Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby enacted to read as
follows:
Sec. 96.10. EVACUATION OF OCCUPIED BUILDINGS OR STRUCTURES.
The Fire Chief, Fire Marshal, any Fire Inspector or any Fire-Rescue Department
officer may order the immediate evacuation of any occupied building or structure or
assembly area when such building, structure or assembly area is deemed hazardous
due to fire hazard, obstruction to exits, overcrowding of the premises, or any other
hazard or potential which presents immediate danger to the occupants. The premises,
or any portion thereof, may not be reoccupied until it has been examined and deemed
free of the hazard or potential which caused the evacuation to be ordered. Persons
refusing to obey either a verbal or written order of any of the Fire-Rescue Department
officials named above shall be subject to immediate arrest.
Section 4. That Chapter 96, "Fire Safety and Emergency Services", Section
96.16, "Certain Codes Adopted by Reference", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby repealed and a new Section 96.16,
"Certain Codes Adopted by Reference", is hereby enacted to read as follows:
Sec. 96.16. CERTAIN CODES ADOPTED BY REFERENCE.
(A) The city adopts by reference and incorporates into this Code as though
fully set out herein, that certain code, as it may from time to time be amended, known
as the Florida Fire Prevention Code, Chapter 36 of the Florida Buildinq Code (2001),
and the incorporated standards.
(B) The city adopts by reference and incorporates into this Code, as though
fully set out herein, those specific codes and standards, from the Florida Fire
Prevention code, Chapter 36 of the Florida Buildin,q Code (2001). In addition to the
codes adopted by the Florida Fire Prevention Code, the City of Delray Beach adopts
National Fire Protection Association codes listed below and as they may be amended:
NFPA 18 1995 Wetting Agents
NFPA 22 1998 Water Tanks for
Private Fire
Protection
NFPA 50 2001 Bulk Oxygen
Systems at
Consumer Sites
NFPA 50A 1999 Gaseous Hydrogen
Systems at
Consumer Sites
NFPA 53 1999 Oxygen-Enriched
Atmospheres
NFPA 92B 2000 Smoke
Management
Systems in Malls,
Atria, Large Areas
NFPA 101B 1999 Means of Egress
NFPA 102 1995 Assembly Seating,
Tents, and
Membrane
Structures
NFPA 105 1999 Smoke Control
Door Assemblies
NFPA 115 1999 Laser Fire
Protection
NFPA 140 1999 Motion Picture and
TV Production
Facilities
NFPA 160 2001 Flame Effects
Before an Audience
NFPA 170 1999 Fire Safety Symbols
NFPA 203 2000 Roof Coverings and
Roof Deck
Construction
NFPA 204 1998 Smoke and Heat
Venting
NFPA 258 2001 Research Test
Method for
Determining Smoke
Generation of Solid
Materials
NFPA 287 2001 Flammability of
Materials in Clean
rooms
NFP^ 302 1998 Pleasure and
Commercial Motor
Craft
NFPA 306 1997 Control of Gas
Hazards on Vessels
NFP^ 326 1999 Safeguarding Tanks
and Containers
NFPA 408 1999 Aircraft Hand
Portable Fire
Extinguishers
NFPA 423 1999 Construction and
Protection of
Aimraft Engine Test
Facilities
NFPA 496 1998 Purged and
Pressurized
Enclosures for
Electrical
Equipment
NFPA 502 1998 Road Tunnels,
Bridges, and
Limited Access
Highways
NFPA 513 1998 Motor Freight
Terminals
NFPA 560 1995 Ethylene Oxide for
Sterilization and
Fumigation,
Storage, Handling,
and use of
NFPA 601 2000 Security Services in
Fire Loss
Prevention
NFP^ 720 1998 Household Carbon
Monoxide Warning
Equipment
NFPA 780 1997 Installation of
Lighting Protection
Systems
NFP^ 801 1998 Facilities Handling
Radioactive
Materials
NFPA 820 1999 Fire Protection in
Wastewater
Treatment and
Collection Facilities
NFPA 914 2001 Fire Protection in
Historic Structures
NFPA 1141 1998 Planned Building
Groups
NFPA 1962 1998 Care, Use and
Service Testing of
Fire Hose Including
Connections and
Nozzles
NFPA 1961 1997 Fire Hose
The City hereby adopts the following amendments to the Fire Prevention Code of
the National Fire Protection Association, N.F.P.A. Pamphlet No. 1, included in the
Florida Fire Prevention Code, Chapter 36 of the Florida Building Code (2001), adopted
in this article:
(1) Section 7-3.2 is amended to include the following language:
Approved automatic fire sprinkler systems as hereinafter defined shall be
installed throughout hereinafter constructed buildings and structures or
appropriate sections thereof:
(a) The following buildings of an institutional or educational
character: all hospitals, ambulatory, surgical or treatment centers, nursing
homes, homes for the aged, convalescent centers, rehabilitation facilities,
day care centers caring for more than 12 clients under 1 year of age, adult
congregate living facilities, 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.
(b) All wood or partial wood frame buildings or structures which
are 2 stories or more than 20 feet in height as measured from finish
ground floor grade to the underside of the topmost roof assembly. Single-
family homes, duplexes and townhouses shall be exempt from this
requirement, except as provided in section (d) below.
(c) All buildings or structures regardless of the type of
construction which are 3 stories or more in heiqht or all buildings or
structures in excess of 30 feet in height as measured from the finish
ground floor qrade to the underside of the topmost roof assembly.
(d) All buildings or structures regardless of the type of
construction which are in excess of 12,000 square feet per floor, or an
a.q.qre.qate of 12,000 square feet if there is unprotected communication
between floors or intermediate spaces.
(e) All portions or sections of buildings or structures which are
below .qrade or which constitute the basement area of a buildin.q or
structure regardless of square footage of floor area or type of
construction.
The automatic fire sprinkler systems herein referred to and
the installation thereof which is required by this ordinance shall be as
contained in and provided for with the applicable standard specified for
this section under appendix A of this Fire Prevention Code.
Section 7-2.2.2 is amended to include the following language:
All hereafter constructed buildings and structures more than 3 stories in
height or 36 feet in height or all buildings more than 2 stories in height and more
than 30,000 square feet per floor level, shall be equipped with approved Class 1
standpipes to provide reasonable safety to persons and property.
For purposes of this section, height is measured from finish .qround floor
grade to the underside of the topmost roof assembly.
(3) Section 7-2.3 is amended to include the following language:
All systems, equipment, tanks, piping, devices, appliances, controls, or
storage facilities over which the code contains regulatory provisions, or which are
required by any other law, shall be maintained in operative condition at all times
to provide the service for which installed.
All fire sprinkler, standpipe, and fire pump systems shall be annually
inspected, serviced, and maintained under a written service contract with service
companies licensed by the State of Florida to provide such services and which
possess a current occupational license for the City of Delray Beach providing for
regular maintenance and testing of the systems in accordance with the
applicable standards specified under Appendix A of this Fire Prevention Code
and N.F.P.A. 13A, N.F.P.A. 14A and N.F.P.A. 25.
The service company performing the maintenance and tests shall forward
a written report to the Fire-Rescue Department indicatin.q the nature of any
repairs, modifications, and/or corrections completed by the service company, the
date and time of such tests and inspections and any other information which may
be required by the fire-rescue services department. In addition, a copy of the
service report must be maintained on the premises, and it shall be subiect to
inspection by the Fire-Rescue Department at any time.
(4) Section 7-3.4.2 is amended to include the following language:
Valves on connections to water supplies, sectional control and isolation
valves, and other valves in supply pipes to sprinklers and other fixed water-
based fire suppression systems shall be supervised by an approved Central
station siqnaling service.
(5) Section 7-7 is amended to include the following language:
Any off-site monitoring of required fire alarm/detection devices shall be
done at an approved UL Listed Fire Protection Signaling Systems Central
Station. It shall be the responsibility of the building owner to provide and maintain
a current valid UL Fire Alarm Certificate on the buildinq's fire alarm system.
Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 7. That this ordinance shall become effective upon its adoption on
second and final reading.
the
PASSED AND ADOPTED in regular session on second and final reading on this
__ day of ,200_.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
l0
100
LEGAL NOT'ES