CAO 00-13
CITY OF MIAMI BEACH
City Attorney's Office
Memorandum
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To:
Jorge M. Gonzalez
City Manager
Date: October 16, 2000
Via:
Murray H. Dubbin,
City Attorney .
CMO#: 3-8/00
CAO#: 00- 13
From:
Rhonda L. Montoya,
Senior Assistant City Att
Subject: 12 Year Window for Sprinkler Systems
You have requested a legal opinion regarding whether the City of Miami Beach is required
to follow the "12 year window for sprinkler systems" or the Rule ofNFPA 101 Life Safety Code
Currently adopted by Miami-Dade County.
The attachment to the request for legal opinion indicates that the State Fire Marshal "intends
to adopt" the 12 year window for sprinklers as part of the Florida Fire Prevention Code. At this time,
the effective date of the Florida Fire Prevention Code is slated for July 1,2001: Therefore, until such
time of adoption, both Miami-Dade County's and the City of Miami Beach's ordinances remain in
effect.
In addition, the "not later than 12 years" is a guideline, which is subject to ultimate approval
by the authority having jurisdiction, namely the City's Fire Marshal. The City has the legal authority
to enact more stringent requirements than the minimal requirements of either the Life Safety Code
or the Florida Fire Prevention Code. At this time, the Miami-Dade County Fire Marshal has
indicated that he will adhere to current law, which has been in legal force and effect since 1992.
As this question is really one for the City's Fire Marshal, the Authority Having Jurisdiction
(AHJ), we would ultimately defer to him in making the appropriate decision. Should individuals
disagree with the opinion of our AHJ, they have the remedy to appeal to the Miami-Dade Fire
Prevention and Safety Appeals Board.
If you need additional information or further clarification, I will be happy to provide same.
RLM:mm
c: Mayra Diaz Buttacavoli, Assistant City Manager
Floyd Jordan, Fire Chief
Russell White, Fire Marshal
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CITY OF MIAMI BEACH
City Attorney's Office
Memorandum
m
To:
Jorge M. Gonzalez
City Manager
Date: September 20, 2000
Via:
Murray H. Dubbin, Es
City Attorney
CMO#: 3-8/00
CAO#: 00-13
From: Rhonda L. Montoya, E q.
Senior Assistant City Atto
Subject: 12 Year Window for Sprinkler Systems
You have requested a legal opinion regarding whether the City of Miami Beach is required
to follow the "l2 year window for sprinkler systems" or the Rule ofNFPA 101 Life Safety Code
Currently adopted by Miami-Dade County.
The attachment to the request for legal opinion indicates that the State Fire Marshal "intends
to adopt" the 12 year window for sprinklers as part of the Florida Fire Prevention Code. At this time,
the effective date of the Florida Fire Prevention Code is slated for July 1, 2001. Therefore, until such
time of adoption, both Miami-Dade County's and the City of Miami Beach's ordinances remain in
effect.
In addition, the "not later than 12 years" is a guideline, which is subject to ultimate approval
by the authority having jurisdiction, namely the City's Fire Marshal. The City's Fire Marshal has
the legal authority to enact more stringent requirements that the minimal requirements of either the
Life Safety Code or the Florida Fire Prevention Code. At this time, the Miami-Dade County Fire
Marshal has indicated that he will adhere to current law, which has been in legal force and effect
since 1992. It is both the Miami-Dade County and the City's Fire Marshals' decision that Sections
7-3.2.19.2 and 7-3.2.19.2.2 and the corresponding amendments will be interpreted as the l2 year
period from the time the 1992 Life Safety Code was adopted.
As this question is really one for the City's Fire Marshal; the Authority Having Jurisdiction
(AHJ), we would ultimately defer to him in making the appropriate decision. Should individuals
disagree with the opinion of our ARJ, they have the remedy to appeal to the Miami-Dade Fire
Prevention and Safety Appeals Board.
If you need additional information or further clarification, I will be happy to provide same.
RLM:mm
c: Mayra Diaz Buttacavoli, Assistant City Manager
Floyd Jordan, Fire Chief
Russell White, Fire Marshal
I.:~
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CITY OF MIAMI BEACH TRANSMITTAL FORM:
REQUEST FOR LEGAL OPINION
TO:
Murray Dubbin
City Atorney
Jorge M. Gonzalez ~~ DATE: August 24, 2000
City Manager (
\
12 YEAR WINDOW FOR SPRINKLER SYSTEMS - -ARE WE REQUIRED TO FOLLOW THXS RULE
(ATTACHED) OR THE RULE OF THE NFPA 101 LIFE SAFETY CODE CURRENTLY ADOPTED BY
MXAMI-DADE COUNTY?"
C.M.O. Number: 3-8/00
OttO *-
CD~13
FROM:
SUBJECT:
I am forwarding the attached memorandum to you for your handling. As indicated directly
below, please respond to this office with a copy of your opinion to the department, when
applicable.
As soon as possible, please return the completed Legal Department Transmittal Form to
this office.
Thank you for your prompt attention to this matter.
JMG:lcd
Attachment
F:\CMGR\$ALL\LISA\LEGAL.FRM\LEGALOP2.FRM
Mayra Diaz Buttacavol~.
Floyd Jordan
c:
TO:
Jorge M. Gonzalez
City Manager
DATE:
September 26, ::.2 00 ?:;.
-<
nOM:
Murray Dubbin
City Attorney
As per your request, attached is the Legal Opinion you requested regarding the above-
referenced subject.
Attachment
c: Mayra Diaz Buttacavoli
Floyd Jordan
Russell White, Fire Marshall
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