Ordinance 97-3072ORDINANCE 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 of the 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 this 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 of a 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
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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 building 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.
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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 $ 100.00
b. Class B - occupant load greater than 300 but not greater $ 75.00
than 1000 persons
c. Class C - occupant load of 50 or more but not greater $ 50.00
than 300 persons
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.
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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.
b. Nurseries, Day Care Centers, Kindergarten - educational $50.00
facilities up to, but not including the first grade.
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
up to 100 beds
over 100 beds
$125.00
$125.00 + $1.25
per beds over 100
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
$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
mezzanines.
$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.
upto5000sgft
over 5000 sq ft
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$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.
upto5000sgft
over 5000 sq ft
c. High hazard industrial occupancies - buildings having
high hazard materials , processes, or contents.
upto5000sgft
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
combustibility that no self propagating fire therein can
occur.
b. Ordinary hazard contents - classified as those that are
likely to burn 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 burn with extreme rapidity or from which explosions
are likely.
up to 5,000 sq ft
over 5,000 sq ft
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$50.00
$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 $50.00
b. 13 to 50 boat slips $100.00
c. over 50 boat slips $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.
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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
PASSED and ADOPTED this 5th ay of March ' , 1997.
, 1997.
ATTEST:
faAAA, 111111
CITY CLERK
1st reading 2/19/97
2nd reading 3/5/97
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F:\ATFO\GASY\CODE.CO[MF IRE 14-7.1
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Attan1ey Date
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:Uci. m iami-beach.fl. us
COMMISSION MEMORANDUM NO.
TO: Mayor Seymour Gelber and
Members of the City Commission
FROM: Jose Garcia -Pedrosa
City Manager
SUBJECT: ESTABLISHM : j T OF AN ORDINANCE TO PROVIDE
AN ANNUAL F ' E INSPECTION FEE
DATE: March 5, 1997
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.
ANALYSIS:
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:AdmiMInspFee.Cmj
AGENDA ITEM
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DATE 3-5297
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