Ordinance 89-2659 ORDINANCE NO. 89-2659
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 14 ENTITLED "FIRE PREVENTION," BY CREATING
ARTICLE II, ENTITLED "FIRE SAFETY FEE SCHEDULE",
CONSISTING OF SECTION 14-7, ENTITLED "PLANS
EXAMINATION, INSPECTIONS, PERMITS", PROVIDING FOR FEES
FOR REVIEW OF PLANS, REINSPECTIONS, SPECIAL INSPECTIONS,
TESTING OF FIRE PROTECTION SYSTEMS, AND ISSUANCE OF
PERMITS FOR HAZARDOUS SITUATIONS; AMENDING ARTICLE IX
ENTITLED "SMOKE DETECTORS", AMENDING SECTION 14-77,
ENTITLED "REQUIREMENTS", BY ELIMINATING THE
REQUIREMENT OF BATTERY-OPERATED SMOKE DETECTORS
AND OF CERTAIN WIRED SMOKE DETECTORS AND REQUIRING
SMOKE DETECTORS AS PROVIDED IN THE LIFE SAFETY CODE,
1985 EDITION; AMENDING SECTION 14-80, ENTITLED
"EXCEPTIONS", PROVIDING THAT BUILDINGS REQUIRED TO
COMPLY WITH THE STATE FIRE MARSHAL'S "UNIFORM FIRE
SAFETY STANDARDS FOR EXISTING PUBLIC LODGING
ESTABLISHMENTS" CHAPTER 4A-43, BE EXEMPT FROM THE
REQUIREMENTS OF SECTION 14-77; AMENDING SECTION 14-82,
ENTITLED "INSPECTION AND MAINTENANCE OF SMOKE
DETECTORS", ELIMINATING REQUIREMENTS TO TEST BATTERY-
OPERATED SMOKE DETECTORS; REPEALING ALL ORDINANCES
IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY;AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1
That a new Article II, entitled "Fire Safety Fee Schedule" consisting of Section
14-7 entitled "Plans Examination, Inspections, Permits" of Chapter 14, entitled
"Fire Prevention" of the Code of the City of Miami Beach be and the same is
hereby created to read as follows:
CHAPTER 14
FIRE PREVENTION
* * * * *
ARTICLE II FIRE SAFETY FEE SCHEDULE
SECTION 14-7. PLANS EXAMINATION, INSPECTIONS, PERMITS
(1) "UP FRONT" PROCESSING FEE
When the building permit application is received at the building
department, the applicant shall pay an "up front" processing fee equal to
$0.50 for each 100 square feet or fractional part thereof, or $0.50 for each
$1,000.00 of estimated valuation or fractional part thereof whichever is
greater for alterations and repairs to buildings and other structures. This
processing fee is not refundable, but shall be credited toward the final
permit fee. This fee is in addition to fees which are required pursuant to
Chapter 8 of the Miami Beach City Code.
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(2) NEW BUILDING AND/OR ADDITIONS:
For each 100 square feet or fractional part of floor area $0.95
Minimum fee $30.00
Except that for buildings for storage and industrial uses of the
Group E and F occupancies as defined in the South Florida
Building Code, the fee shall be:
For each 100 square feet, or fractional part of floor area up to
20,000 square feet $0.95
For each additional 100 square feet or fractional part of floor
area thereafter $0.50
Except that for greenhouses and non-residential buildings used for
agricultural purposes and screen enclosures and trailer additions when
located on the premises so used the fee shall be:
For each 100 square feet or fractional part of floor area $0.50
(3) NEW CONSTRUCTION OTHER THAN AS SPECIFIED HEREIN:
(Water towers, Pylons, Bulk Storage, Tank Foundations, Sea Walls,
Bulkheads, Unusual Limited-use Buildings, Free-standing Rigid
Canopies, Marquees and similar construction):
For each $1,000.00 of estimated cost or fractional part $0.95
(Except for each service station underground storage tank and each
approved fallout shelter which conforms to the specifications
established by the Civil Defense and Mobilization Agency and the
South Florida Building Code $9.50
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(4) ALTERATIONS AND REPAIRS TO BUILDINGS AND
OTHER STRUCTURES:
Up to $1,000.00 of estimated cost or fractional part $4.75
For each additional $1,000.00 of estimated cost or fractional
part $0.95
(5) HYDRANT FLOW TESTS UNLESS IN CONJUNCTION
WITH ACCEPTANCE TEST FOR SPRINKLER SYSTEMS $150.00
(6) ACCEPTANCE TEST FOR SPRINKLER SYSTEMS $150.00
(7) ACCEPTANCE TEST FOR STANDPIPE SYSTEMS $150.00
(8) ACCEPTANCE TEST FOR ALARM SYSTEMS
1 and 2 floors $50.00
3 to 5 floors $75.00
6 floors and above $150.00
(9) EACH AUTOMATIC FIRE EXTINGUISHING SYSTEM
(excluding sprinkler systems) such as Carbon Dioxide.
Dry Chemical, Halon, ect. $75.00
(10) REINSPECTION FEE
When extra inspection trips are necessary due to: (a) incorrect address
given on call for inspection; (b) prior rejection of work due to faulty
construction; (c) work not being ready for inspection at time specified, (d)
failure to call for final or other inspections; or (e) required corrections not
being made or completed at time specified by the contractor, a fee of
twenty-five dollars ($25.00) for each reinspection may be charged to the
permit holder in the trade concerned. If it is determined by the field
inspector concerned, that the job has the same problem after the
reinspection fee is assessed and paid, then a second reinspection fee of
fifty dollars ($50.00) shall be charged.
Payment of the reinspection fee shall be required before any permits will
be issued to the person or firm owing same. Further inspection may be
refused until payment of reinspection fees has been made.
(11) SPECIAL INSPECTION FEE
A fee equal to actual staff time and related costs shall be assessed for
special inspections that are outside the normal scope of Fire Department
work. A minimum of twenty dollars ($20.00) per hour shall be charged.
Requests submitted by developers, ai torneys, realtors or contractors to
inspect a building to determine existing violations shall be considered
special inspections.
(12) PERIODIC FIRE STANDPIPE SYSTEM TEST
(Existing buildings required every two years)
Single riser $125.00
Each additional riser $25.00
(13) FIREWORKS PERMIT - PUBLIC DISPLAY $45.00
(14) OPEN BURNING PERMIT $45.00
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SECTION 2
That Section 14-77 entitled "Requirements" of Article IX entitled "Smoke
Detectors" of Miami Beach City Code, Chapter 14 entitled "Fire Prevention" be
and the same is hereby amended to read as follows:
SECTION 14-77. Requirements
(a) The owner of each dwelling or sleeping unit which is constructed or
substantially rehabilitated under a building permit issued after the
effective date of this ordinance, shall install smoke detectors as required
by the National Fire Protection Association (NFPA) 101, Life Safety Code
(1985), as amended. No certificate of occupancy may be issued for any
dwelling or sleeping unit unless smoke detectors have been installed as
required by this ordinance.
4b3 WithiR six r enths ef the passage ef this eFdiRaRee a44 ewaeFs ef
existing dweflig of sleeping units must install eitheF+ (1) A batteFy
epeFated smeke deteeteF meeting the FequiFements ef U:b: 217 EstandaFds
feF single and multiple statieR smeke deteeteFs4t eF
423 A pefmaneRtly wiFed smeke deteeteF haidwiFed to a peF anent ReR-
shut elf eiFeuit; said iRstallatien meeting the FequiFemeRts ef U=b. 26
ksmeke deteeteFs fef fiFe pFeteetive signaling systems}:
(b) All dwelling or sleeping units existing prior to the effective date of this
Ordinance shall have smoke detectors installed as required by the Life
Safety Code, 1985 edition.
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SECTION 3
That Section 14-80, entitled "Exceptions" of Article IX entitled "Smoke
Detectors" of Miami Beach City Code Chapter 14 entitled "Fire Prevention" be
and the same is hereby amended to read as follows:
SECTION 14-80. Exceptions.
The provisions of #ham Aet Section 14-77 shall not apply to:
(a) All buildings that have an automatic fire detector system or an
automatic alarm system or are otherwise required to install smoke
detectors under the provisions of the South Florida Building Code, 1979
Edition, and any subsequent amendments thereto.
(b) All hospitals and licensed nursing homes, as defined in this article,
shall be exempt from the provisions of this ordinance, but shall comply
with the requirements of the South Florida Building Code aad Fle4da
Administiative Cede: 1988 Edition, and any subsequent amendments
thereto.
(c) All single-family and two-family dwelling structures, as defined in
the City of Miami Beach Comprehensive Zoning Ordinance NeT 1984.
(d) All ACLF's governed by smoke detector requirements as set out in
Chapter 17B, Miami Beach City Code, and any subsequent amendments
thereto. (Ord. No. 85-2473,5.)
(e) All buildings required to comply with the State Fire Marshal's "Uniform
Fire Safety Standards for Existing Public Lodging Establishments," Chapter
4A-43.
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SECTION 4
That Section 14-82, entitled "Inspection and Maintenance of Smoke Detectors" of
Article IX entitled "Smoke Detectors" of Miami Beach City Code Chapter 14
entitled "Fire Prevention" be and the same is hereby amended to read as follows:
SECTION 14-82. Inspection and maintenance of smoke detectors.
(a) It is the responsibility of the owner of the premises having smoke
detectors to inspect and maintain such devices subject to the
responsibilities set forth below.
(b) The detectors shall be inspected and tested on an annual basis to
determine if such systems are operating correctly sub+eet te the pFevisiens
stated below: No occupational license shall be issued to a premises until a
certificate of inspection is submitted to the chief of the fire department or
his designee.
Ec} In Fesidential tenancies using batteFy epeFated smeke deteeteFs
within the dwelling units; the lesseF keF his agent} shall state undeF eath
that,
41} Each lessee has been nett€ted by eeFti€ied mail as to the puFpese e€
the smeke dete€teF and hew it is tested:
I24 That the Fespensibility is open the lessee te netily the lesseF keF lois
agent-} as te any mallunetiens: HeweveF; i4 the lessee is physically AF
mentally unable to inspect the smeke deteeteF in his dwelling unit; said
tenant shall neti€y the lesseF 4eF his agent} in wFiting ef the inability te
inspect and shall pFevide accessibility te the lesseF 4eF his agent} within
seven days to test the epeFatien ef the smoke deteeteF: TheFealteF; until
the teFminatien ef the lessees inteFest in the dwelling unit; the lesseF keF
his agent} shall be Fespensible to ceFFeet any malfunctions:
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413 Any ewReF OF lesser whe fails to EeFFe€t a maltuRE4eRiRg smoke
deteeteF wlth+R seven days fFem Retlee shall be guilty of vlelatiRg this
aFtlele and shall be sab+eet to The penalties speelfled lR se€tleR 14-81;
Miami Beach City Cede
* * *
SECTION 5. Repealer
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 6. Severability
If any section, sentence, clause or phrase of this ordinance is held to be invalid
or unconstitutional by any court of competent jurisdiction, then said holding shall
in no way affect the validity of the remaining portions of this ordinance.
SECTION 7. Effective Date
This ordinance shall take effect ten (10) days after its adoption on
September30 1989.
PASSED AND ADOPTED THIS 20th DAY OF September , 1989.
ATTEST:
MA OR
. L
CITY CLERK FORM APPROVED
1st reading 9/6/89 LE DEPT.
2nd reading 9/20/89
By
Date ♦9%4 S
`tel
*Corrected 6/21/90
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�p.Nl 6Egcti FLORIDA 3 3 1 3 9
'* INCOR RATED *' "VACATIONLAND U. S. A. "
OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. -49-16
DATE: September 6, 1989
TO: Mayor Alex Daoud and
Members of the ' Commi 'int
...\
Rob W. Park s i/ i .� 'i"
City Manager , /A O
SUBJECT: SUBMISSIO OF AN ORDINANCE TO AMEND CHAPTER 14 OF THE
CODE OF THE CITY OF MIAMI BEACH ENTITLED "FIRE
PREVENTION"
INFORMATION:
The increasing costs of reviewing fire plans, testing fire
protection systems and issuing permits for hazardous
situations in the City of Miami Beach has created a need to
implement fees for these services. The attached Ordinance
contains a recommended fee schedule for these services.
•
In addition, the Ordinance contains amendments to the current
sections dealing with requirements for smoke detection,
inspection and maintenance of smoke detectors, and elimination
of the requirements to test battery-operated smoke detectors.
These amendments eliminate any conflicts previously contained
in the City of Miami Beach Code, the Life Safety Code and the
State Fire Marshal ' s Rule 4A-43 .
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission adopt
the Ordinance.
RWP/BD:br
F3/AmendOrd.CM
15
AGENDA
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