RESOLUTION 90-20051 RESOLUTION NO. 90-20051
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, URGING THE LEGISLATURE
OF THE STATE OF FLORIDA TO ENACT LEGISLATION
PROVIDING THAT PUBLIC LODGING ESTABLISHMENTS
WHICH REGULARLY PROVIDE HOUSING AND FOOD
SERVICE TO TEN (10) OR MORE ADULTS WHO ARE
UNABLE TO EVACUATE THE PREMISES WITHOUT
ASSISTANCE IN THE EVENT OF FIRE MUST COMPLY
WITH ALL FIRESAFETY CODES AND STANDARDS
APPLICABLE TO ADULT CONGREGATE LIVING
FACILITIES (ACLF' s) PURSUANT TO STATE LAW.
WHEREAS, Section 633 . 022 of the Florida Statutes provides that
certain residential occupancies including hospitals, nursing homes,
adult congregate living facilities (ACLF's) and public lodging
establishments shall comply with State established uniform
firesafety standards, and that local authorities may not establish
more stringent firesafety standards with respect to those
occupancies; and
WHEREAS, pursuant to the established uniform firesafety
standards, hospitals, nursing homes and ACLF' s must meet more
stringent firesafety requirements than public lodging
establishments to protect the safety of residents who are unable
to evacuate the premises quickly in the event of fire; and
WHEREAS, a number of public lodging establishments located in
the City of Miami Beach and throughout the State of Florida
are not classified as hospitals, nursing homes or ACLF' s under
State law, but have admitted and provide housing and food service
for many residents who are either incoherent, non-ambulatory or are
otherwise unable to be evacuated promptly without assistance in the
event of fire; and
WHEREAS, under the current definition of ACLF in Section
400. 402 of the Florida Statutes, such establishments are not
classified as ACLF's because the residents receive assistance with
ambulation, eating, bathing and other activities from persons hired
by themselves or by their relatives or guardians, rather than by
the public lodging establishments; and
WHEREAS, under current State law, such public lodging
establishments are not required to provide adequately for the
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firesafety of their incapacitated residents; and
WHEREAS, the City Commission is concerned about the safety of
infirm, non-ambulatory and incoherent persons who regularly reside
in public lodging establishments within the City of Miami Beach and
throughout the State of Florida.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA: that the City Commission urges
the Legislature of the State of Florida to enact legislation
providing that public lodging establishments which regularly
provide housing and food service to ten (10) or more adults who are
unable to evacuate the premises without assistance in the event of
fire must comply with all firesafety codes and standards applicable
to adult congregate living facilities (ACLF' s) pursuant to State
law.
PASSED and ADOPTED this 25th day of July , 1990.
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CITY CLERK
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FORM APPROVED
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OFFICE OF THE CITY ATTORNEY
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F L O R I D A
iINtGR►ICIATED P.O.BOX O
LAURENCE FEINGOLD
CITY ATTORNEY MIAMI BEACH, FLORIDA 33119-2032
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TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM -414)6-9°
TO: ALEX DAOUD, MAYOR
AND MEMBERS OF THE CITY' COMMISSION
FROM: LAURENCE FEINGOLD . -
RE: CORRECTIVE PROPOSED LEGISLATION
FIRE CODE
DATE: July 25, 1990
In a memorandum to you on July 12 , 1990, the subject being The
City of Miami Beach v. Siev, Delmonico, et al . I told you of my
intention to submit for your approval suggestions for various
measures to be taken to correct and better handle the emergency
situations which exist in some of the residential buildings in our
City.
The members of my staff have reviewed our present Ordinances,
applicable State Law and the procedures we use for enforcing both.
We have consulted with the Fire Chief and with the Code Enforcement
Division as well as other City Personnel who are knowledgeable in
regard to the ordinances, statutes, and procedures. We have
additionally discussed the matter with Personnel from the local
branch Court regarding the procedures used for prosecuting the
cases which are filed in the branch Court.
We conclude that in the gravest of cases we will still be
required to seek injunctive relief in order to prevent severe life
threatening situations. However, there are various actions which
I recommend to you so that we can immediately impact the
enforcement of our laws.
These measures include: 1. The attached resolution which
urges the State Legislature to insert appropriate language in the
Statute which deals with A.C.L.F . 's and Nursing Homes so as to
clear up what we, and the Fire Chief, believe is a loophole in the
law. 2 . Item R-5-B is the Ordinance for providing a Special Master
to facilitate the prosecution of those violations which are less
expeditiously handled by our current Code Enforcement Board. 3 .
Resources for support staff should be allocated. It is imperative
that the complaints and violations be expeditiously filed
administratively and, therefore a full-time staff person should be
assigned and dedicated to the sole responsibility of moving the
violations forward in the chosen forum. In discussions with Fire
Chief, Braniard Dorris, we have determined that there is presently
the personnel available to provide the requisite attention to the
violations and with minimal administrative adjustment such person
could be dedicated to enforce those laws which directly affect the
safety of the citizens of Miami Beach.
LF/yc a,
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AGENDA
ITEM R:7_ A
DATE
QS-90
ORIGINAL
RESOLUTION NO. 90-20051
Urging the Legislature of the State of
Florida to enact legislation providing
that public lodging establishments which
regularly provide housing and food service
to ten (10) or more adults who are unable
to evacuate the premises without assis-
tance in the event of fire must comply
with all firesafety codes and standards
applicable to adult congregate living
facilities (ACLF's) pursuant to State
law.