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97-3072 ORD Author: Robertparcher at C-H-PO Date: 4/3/98 11:27 AM priority: Normal Receipt Requested TO: LuisGarcia CC: DorothyMerante CC: MercediaWilliams BCC: Admin Subject: Ord 97-3072 Message Contents ------------------------------------ R5B Commission Memorandum No. 78-97 Revised Per our conversation this morning. This is the afteraction on the first reading of the ordinance. ------------------------------------------------------------------ An Ordinance Creating Section 14-7.1, Entitled "Annual Fire Prevention and Fire Safety Inspections; Permits Required; Issuance; Application; Fees; Revocation; Penalties;" of Article II of Miami Beach City Code Chapter 14; providing for Repealer, Severability, Codification, and an Effective Date. First Reading Administration Recommendation: To approve the Ordinance on first reading and schedule a public hearing for second and final reading. (Fire Department) (Deferred from 2/5/97) ACTION: Ordinance approved on first reading. Motion made by Commissioner Gottlieb; seconded by Vice-Mayor Liebman; vote: 5-1; Commissioner pearlson opposed; Commissioner Kasdin absent. Commissioner Gottlieb requested that the ordinance be amended for second reading, specifying the revenue be designated for the Fire Department. Fire Department and Legal to handle amendment. Second reading scheduled for March 5th at 11:15 a.m. R. Parcher to publish notice. ---------------------------------------------------------------------- Both of us have a problem. The ordinance was never changed for second reading. 1. You and legal need to get the ordinance modified. Mr. Dubbin needs to determine if the item needs to go back to the commission for approval. The Afteraction clearly states the intention of the City Commission. 2. I have an ordinance which is reflecting the information. The Clerk's office recently discovered that this type of error could occur and have closed the window. Please get with Legal asap to get this corrected. Thanks. TKL ~t&O ~el N.cn ~/31t1' ~u~l'1 ~tft..T. -n+" (.0 \'1\ M' t1 t ~ Ae-Tl O. rJ · S~ &MMlL ORDINANCE NO. 97-3072 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CREATING SECTION 14-7.1 ENTITLED "ANNUAL FIRE PREVENTION AND FIRE SAFETY INSPECTIONS; PERMITS REQUIRED; ISSUANCE; APPLICATION; FEES; REVOCATION; PENALTIES;" OF ARTICLE II OF MIAMI BEACH CITY CODE CHAPTER 14; PROVIDING FOR REPEALER, SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, section 14-53 ofthe Metropolitan Dade County Code provides that: "no person shall operate, utilize or occupy or cause, allow, let, permit or suffer to be operated, utilized or occupied any facility, instrumentality or real property, in the unincorporated or incorporated areas of Dade County, which is required to obtain a permit issued by the Fire Department having jurisdiction pursuant to ttis article or the South Florida Fire Prevention Code without such a valid permit or in violation of any condition, limitation or restriction which is part of such a permit"; and WHEREAS, section 14-53 also provides that: "the criterion for issuance ofa permit by the Fire Department having jurisdiction shall be compliance with the provisions of this article, the South Florida Fire Prevention Code or, within a municipality, any fire safety standards adopted by a municipality. .. The Fire Department having jurisdiction may require conditions, limitations and restrictions as part of any permit if said conditions are consistent with this article, the South Florida Fire Prevention Code, and within a municipality, any fire safety standards adopted by a municipality .. ."; and WHEREAS, section 14-53 further provides that "[a]ll applications for permits pursuant to this section shall be on a form prescribed by the Fire Department having jurisdiction and accompanied by the required fee. .. The fees shall be established by the governing body of the City of Miami Beach. . . for such permits within the respective jurisdictions of the aforesaid municipalities. " NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code, Article II, Chapter 14 thereof entitled "Fire Prevention" is hereby amended by creation of the following section 14-7.1 entitled "Annual Fire Prevention and Fire Safety Inspections; Permits Required; Issuance; Application; Fees; Revocation Penalties" to read as follows: Sec.14-7.1 Annual Fire Prevention and Fire Safety Inspections; Permits Required; Issuance; Applications; Fees; Revocation; Penalties. (a) Permit Required. No person shall operate, utilize or occupy any facility, instrumentality or real property, or any part thereof, or cause, allow, let, or permit to be operated, utilized, or occupied any facility, instrumentality or real property, or any part thereof, or undertake any activity or cause to be undertaken any activity for which a fire safety permit is required in accordance with the provisions of this section, without first obtaining such a valid fire safety permit. Fire safety permits shall be kept on the premises and shall be subject to inspection by a representative of the fire department. All premises shall be inspected from time to time to determine whether they comply with the provisions of applicable ordinances and regulations. The owner shall be notified of any deficiencies noted, and appropriate reinspection may be made to determine whether or not the deficiencies have been corrected. Fire safety permits shall not be transferable and any change in use or occupancy of the premises shall require the issuance of a new fire safety permit. All applications for fire safety permits shall be reviewed by the Fire Marshal's office. If an application for a fire safety permit is rejected, the applicant shall be advised of the reasons for such rejection. Fire safety permits shall 2 be issued by the Fire Marshal's office and shall bear the names and signature of the Fire Marshal or his/her designated representative. Fire safety permits shall contain the following information: . Operation or activities for which the fire safety permit is issued. . Address or location and telephone number where the operation or activity requiring the issuance of a fire safety permit is to be conducted. . Name, address, and telephone number of the permittee. . Fire safety permit number and date of issuance. . Period of validity of the fire safety permit. . Inspection requirements. (b) Issuance, application. 1. Within thirty (30) days of the effective date of this ordinance the city shall mail an invoice requiring the payment of the fire safety fee, in accordance with the fee schedule set forth in this section, to all persons holding a certificate of use issued by the city;s ~lJildil1g and zoning department. Upon payment of the required fee the department shall issue the fire safety permit. Said permit shall be renewed annually upon payment of the required fee. 2. Any person applying for a new certificate of use shall concurrently with such application make an application for a fire safety permit to the fire department. Such application for a fire safety permit shall be accompanied by such information as may be required by the fire department, and the required fee. Upon payment of the required fee, and issuance of the certificate of use the fire department shall issue the fire safety permit which shall be renewed annually upon payment of the required fee. 3 3. Application for a fire safety permit shall be made to the fire department, by all persons who are not required to hold a certificate of use who are utilizing, or occupying any facility, instrumentality or real property or any part thereof, or undertaking any activity or causing to be undertaken any activity for which is required a fire safety permit in accordance with the provisions of this section. Such application shall be accompanied by such information as shall be required by the fire department and the required fee. 4. Fees. The fees for the issuance of the fire safety permit and the annual renewal thereof, as may be required, are herein fixed as follows: (Occupancies are classified in accordance with Chapter 4 of the National Fire Protection Association (NFPA) 101, Life Safety Code adopted by the City of Miami Beach.) 1. Assembly Occupancies: Those occupancies that include, but are not limited to, all buildings or portions of buildings used for gathering together 50 or more persons for such purposes as deliberation, worship, entertainment, eating, drinking, amusement, or awaiting transportation. a. Class A - occupant load greater than 1000 persons Class B - occupant load greater than 300 but not greater than 1000 persons Class C - occupant load of 50 or more but not greater than 300 persons $ 100.00 $ 75.00 b. c. $ 50.00 2. Educational Occupancies: Those occupancies that include buildings or portions of buildings used for educational purposes through the twelfth grade by six or more persons for four or more hours per day or more than 12 hours per week. 4 a. Schools (private) - educational facilities inclusive of the first to the twelfth grade. buildings up to 10,000 sq. ft. buildings greater than 10,000 sq. ft. $50.00 $50.00 + $1.00 for each additional 1,000 sq. ft. $50.00 3. Health Care Occupancies: Those occupancies used for purposes such as medical or other treatment or care of persons suffering from physical or mental illness, disease, or infirmity; and for the care of infants, convalescents, or infirm aged persons. Health care occupancies provide sleeping facilities for four or more occupants and are occupied by persons who are mostly incapable of self-preservation because of age, physical or mental disability, or because of security measures not under the occupants' control. a. Private Hospitals, Nursing Homes, Limited Care Facilities $125.00 up to 100 beds $125.00 + $1.25 over 100 beds per beds over 100 b. Nurseries, Day Care Centers, Kindergarten - educational facilities up to, but not including the first grade. 4. Residential Occupancies: Those occupancies in which sleeping accommodations are provided for normal residential purposes and include all buildings designed to provide sleeping accommodations. a. Apartment Buildings: 3-11 dwelling units 12-50 dwelling units over 50 dwelling units b. Hotel, motel, dormitories, lodging or rooming house: 3-50 rental sleeping units Over 50 sleeping units c. Board and Care Facilities Small facilities -not more than 16 residents Large facilities - more than 16 residents 5 $50.00 $70.00 $70.00+ $2.00 per unit over 50 $70.00 $70.00+ $2.00 per unit over 50 $70.00 $70.00+ $2.00 per unit over 16 5. Mercantile Occupancies: a. Class A - All stores having an aggregate gross area of more than 30,000 sq ft or utilizing more than three levels, excluding mezzanines, for sales purposes. b. Class B - All stores of more than 3,000 sq ft but not more than 30,000 sq ft aggregate gross area, or utilizing floors above or below the street floor level for sales purposes. c. Class C - All stores of not more than 3,000 sq ft gross area used for sales purposes on one story only, excluding mezzanmes. $75.00 + $1.00 per 1000 sq ft over 30,000 sq ft $75.00 $50.00 6. Business Occupancies: Those occupancies used for the transaction of business (other than those covered under "Mercantile"), for the keeping of accounts and record, and for similar purposes. a. General offices, including doctor's, dentist's, and outpatient clinics (ambulatory). up to 5000 sq ft over 5000 sq ft b. Colleges and university instructional buildings, classrooms under 50 persons, and instructional laboratories. $50.00 $50.00 + $1.00 for each additional 1000 sq ft. $50.00 + $1.00 for each classroom. 7. Industrial Occupancies: Those occupancies such as factories making products of all kinds and properties devoted to operations such as processing, assembling, mixing, packaging, finishing or decorating, and repairing. a. General industrial occupancies - industrial operations conducted in buildings of conventional design suitable for various types of industrial processes; subject to possible use for types of industrial processes with high density of employee population. up to 5000 sq ft over 5000 sq ft 6 $50.00 $50.00 + $1.00 for each additional 1000 sq ft. b. Special purpose industrial occupancies - industrial operations in buildings designed for and suitable only for particular types of operations, characterized by a relatively low density of employee population, with much of the area occupied by machinery or equipment. up to 5000 sq ft over 5000 sq ft c. High hazard industrial occupancies - buildings having high hazard materials, processes, or contents. up to 5000 sq ft over 5000 sq ft $75.00 $75.00 + $1.25 for each additional 1000 sq ft $100.00 $100.00 + $1.50 for each additional 1000 sq ft 8. Storage Occupancies: Those occupancies which include all buildings or structures utilized primarily for the storage or sheltering of goods, merchandise, products, vehicles, or animals. a. Low hazard contents - classified as those of such low $50.00 combustibility that no self propagating fire therein can occur. b. Ordinary hazard contents - classified as those that are likely to bum with moderate rapidly or to give off a considerable volume of smoke. up to 10,000 sq ft over 10,000 sq ft c. High hazard contents - classified as those that are likely to bum with extreme rapidity or from which explosions are likely. up to 5,000 sq ft over 5,000 sq ft 7 $75.00 $75.00 + $1.00 for each additional 2000 sq ft $100.00 $100.00 + $1.00 for each additional 1000 sq ft 9. Marinas: a. 3 to 12 boat slips 13 to 50 boat slips over 50 boat slips $50.00 $100.00 b. c. $100.00+ $1.50 per slip over 50 10. Miscellaneous: All uses of buildings not previously covered by this section shall classified by the Fire Marshal as the most similar use delineated above and assessed an inspection fee accordingly. (d) Revocation, penalties. The Fire Marshal may revoke the fire safety permit if, upon inspection, any violation of this chapter or of the South Florida Fire Prevention Code, or chapter 14 of the Dade County Code or any violation of any condition, limitation or restriction which is part of a fire safety permit issued is found and not corrected within a reasonable amount of time. Revocation shall be effective when the permit holder is duly notified by the Fire Marshal. In addition to the penalties prescribed under Section 14-5 of this Chapter, any person who uses any premises after the fire safety permit has been revoked shall be in violation of this chapter and shall be subject to proceedings to revoke or suspend an occupational license and/or certificate of use pursuant to Chapter 20 of the Miami Beach City Code entitled "Business Licenses" and/or other penalties under applicable law. For purposes of enforcement under Chapter 20, use of any premises without a valid fire safety permit shall be deemed an "emergency condition" involving serious danger to the public health, safety or welfare. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 8 SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 15th day of March ,1997. PASSED and ADOPTED this 5th March ,1997. ATTEST: ~o~~ f~ CITY CLERK 1st reading 2/19/97 2nd reading 3/5/97 F:\A TTOIGASY\CODE.COM\FlRE 14-7.1 APPROVEO !J.S TO FORM & LANGUAGE & FOR EXECUTION ~~ ~ ~/C; 7 DOte 9 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM NO. ~l TO: Mayor Seymour Gelber and Members of the City Commission DATE: March 5, 1997 SUBJECT: EST ABLISHM AN ANNUAL F T OF AN ORDINANCE TO PROVIDE INSPECTION FEE FROM: Jose Garcia-Pedrosa City Manager ADMINISTRATION RECOMMENDATION: Approve requested Ordinance. BACKGROUND: To offset the costs of providing fire prevention and fire safety inspections within the City of Miami Beach, the Fire Department is recommending an Ordinance be adopted to provide a fee schedule for Annual Fire Inspections. The revenues generated will offset the costs for staffing inspections, plans review and enforcement of the Fire Prevention Code. ANAL YSIS: Currently, Dade County, Hialeah, Broward County, Ft. Lauderdale, The City of Hollywood and the City of Miami, have Ordinances establishing fee schedules for Annual Fire Inspections. The proposed Ordinance will provide for an Annual Fire Inspection Fee for all occupancies within the City of Miami Beach, except single-family, duplex's and other occupancies exempted by State Law. Fees will be calculated based on the number of dwelling units, square footage, type of occupancy and occupancy load as classified in accordance with Chapter #4 of the National Fire Protection Association (NFPA) 101, Life Safety Code adopted by the City of Miami Beach. It is estimated the proposed Ordinance and fee schedule will generate a minimum of $200,000 per year. This proposal has been reviewed and evaluated by The Capital Improvement and Finance Committee and unanimously endorsed. As requested at the City Commission of February 19, 1997, the revenue generated as a result of this Ordinance will be used by the Fire Department. CONCLUSION: Consistent with other jurisdictions, which have adopted Fire Inspection Fee Ordinances to offset the cost of providing fire prevention and safety inspections services, which reduces the need to increase Ad Valorem Taxes, it is my recommendation to approve this Ordinance. JGP/MDB:LG/mc C:AdminlInspFee.Cmj AGENDA ITEM _~ :5 A DATE 3 -S-9:t