Ordinance 2020-4354O R D IN A N C E N O . 2020-4354
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING CHAPTER 98, ENTITLED
"STREETS AND SIDEWALKS," BY AMENDING SECTION 98-94
THEREOF, ENTITLED "BUILDING PERMITS," BY CREATING A
BATTERY BACKUP LOWERING SYSTEM REQUIREMENT FOR
CERTAIN ELEVATORS, AND BY AMENDING CHAPTER 14, ENTITLED
"BUILDING REGULATIONS," BY RELOCATING SECTION 14-403(d)
THEREOF, INTO SECTION 98-94, AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, Chapter 399 F.S., entitled "Elevator Safety," provides the authority for
the City to issue construction permits and certificates of operation, for inspection of
elevators, and enforcement of the applicable provisions of the Florida Building Code; and
WHEREAS, in the United States, the relied-upon safety code for elevators,
escalators, and associated equipment is the American Society of Mechanical Engineers
("ASME") A 17.1-2016: Safety Code for Elevators and Escalators, which refers to the
respective building code when addressing emergency or standby power as it relates to
elevators; and
WHEREAS, Section 403 of the Florida Building Code provides that elevators
contained within a high-rise building, defined as a building with an occupied floor located
more than 75 feet above the lowest level of fire department vehicle access, are required
to include standby and emergency power, which allows elevators to function in the event
of interruption of power; and
WHEREAS, neither the ASME Safety Code for Elevators and Escalators nor the
Florida Building Code contain any battery backup system requirements for elevators
which are not contained within a high-rise building; and
WHEREAS, requiring all new and modernized elevator construction not contained
within a high-rise building, to include the installation of a battery backup system will ensure
the safety of passengers in the event of a utility power failure.
NOW, THEREFORE, BE IT DUL Y ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Sections 14-403 and 98-94 of the City Code of Miami Beach are
hereby amended as follows:
C H A P T E R 14
B U ILD IN G R E G U LA T IO N S
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ARTICLE VII. - PERMITS APPLIED FOR ON OR AFTER MARCH 1, 2002
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DIVISION I. - GENERALLY
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Sec. 14-403.- Penalty for violation of article.
(a) Any person who shall violate or fail to comply with any of the provisions of this
article or with any of the requirements of this article, shall be brought before the
special master of the city. The special master may assess a fine and impose a lien
to the maximum allowed by city ordinance and state law; or, in the alternative, the
violation may be brought to the county court. Each day such violation shall be
permitted to exist shall constitute a separate offense. The owner of any building or
premises, or part thereof, where anything in violation of this article shall be placed
or shall exist, and any person employed in connection therewith and who has
assisted in the commission of any such violation may be guilty of a separate
offense and upon conviction fined as provided in this section.
(b) Any person who shall violate or fail to comply with any of the provisions of this
article or with any of the requirements thereof shall be subject to a delinquency
penalty as specified in appendix A.
(c) A special master, appointed as provided in article II of chapter 30 may either
revoke or temporarily suspend the business license of any person in accordance
with the procedures set forth in chapters 18 and 102 of this Code when it is
determined that the licensee is conducting business from premises that do not
possess a valid and current certificate of occupancy and/or certificate of use as
may be required by city or county laws. (Ord. No. 2002-3360, § 1, 4-10-02)
(d) Fo r violations of F.S. 553.509, which pertai n to the requiremen t to provide
vertical accessibility- under the "Florida Am ericans with Disabilities Act," in
buildings without an active wheelchair lift, a certified elevator inspector employed
by the City of Miami Beach Elevator Safety Section may issue a citation in the
manner provided in subsection 14442(b). Th e schedule of violation fines shall be
set forth in section 14 444 hereof.
The citation may be appealed by filing a written request for an administrative hearing
with the clerk of the special master within ten days after service of the notice of
violation. Failure to do so shall constitute an admission of the violation and waiver
of the right to a hearing, and unpaid fines will result in the imposition of liens which
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may be foreclosed by the city. The citation shall also inform the violator that repeat
violations of this section will result in the imposition of larger fines and may also
result in revocation, suspension, or the imposition of restriction on certificate of use,
or accessory use, and/or injunctive proceedings as provided by law.
* * *
CHAPTER98
STREETS AND SIDEWALKS
* * *
DIVISION 2. - PERMIT
* * *
Sec. 98-94. - Building permits.
(a) Up-front processing fee.
(1) W hen the building permit application is received, the applicant shall pay an
"up front" processing fee as specified in appendix A.
(2) This processing fee is not refundable, but shall be credited toward the final
building permit fee. The "up front" processing fee, after it is calculated, shall
be rounded up to the nearest $5.00, with a minimum fee as specified in
appendix A.
(b) Refund s, time limitations, cancellations, change of contractor. The fees charged
pursuant to the schedule in appendix A, provided the same are for a permit
required by Section 105.1 of the Florida Building Code, may be refunded by the
building official subject to the following:
(1) No refunds shall be made on requests involving:
a. Permit fees of the minimum permit fee as specified in appendix A or
less; or
b. Permits for which plans review has commenced; or
c. Permits revoked by the building official under authority granted by the
Florida Building Code; or
d. Permits cancelled by court order; or
e. Permits which have expired; or
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f. P e rm its u n d e r w h ic h w o rk h a s c o m m e n c e d a s e v id e n c e d b y a n y
re c o rd e d in s p e c tio n h a v in g b e e n m a d e b y th e d e p a rt m e n t. un le s s th e
re fu n d is d u e to a n o v e rc h a rg e b y th e c ity .
(2 ) A fu ll re fu n d s h a ll b e g ra n te d to a p e rm it h o ld e r w h o ta k e s o u t a pe rm it
c o v e rin g w o rk o u ts id e th e ju ris d ic tio n a l in s p e c tio n a re a .
(3 ) A fu ll re fu n d le s s th e m in im u m u p -fro n t p e rm it fe e a n d a n y o u ts id e ag e n c y
fe e s s h a ll b e g ra n te d to a p e rm it a p p lic a n t w h o re q u e s ts a re fu n d in w ritin g
w ith in o n e y e a r o f p a y m e n t, p ro v id e d th a t n o p la n re v ie w h a s co m m e n c e d .
A fu ll re fu n d le s s th e m in im u m p e rm it fe e a s sp e c ifi e d in a p p e n d ix A o r th e
u p -fr o n t p e rm it fe e , w h ic h e v e r a m o u n t is g re a te r, ro u n d e d d o w n to th e
n e a re s t d o lla r, a n d a n y o u ts id e a g e n c y fe e s sh a ll b e g ra n te d to a pe rm it
a p p li c a n t w h o re q u e s ts a re fu n d in w ritin g w ith in o n e y e a r o f pa y m e n t,
p ro v id e d th a t a p e rm it h a s n o t b e e n is s u e d .
A fu ll re fu n d le s s th e m in im u m p e rm it fe e a s sp e c ifi e d in a p p e n d ix A o r th e
u p -fr o n t p e rm it fe e , w h ic h e v e r a m o u n t is g re a te r, ro u n d e d d o w n to th e
n e a re s t d o ll a r, a n d a n y o u ts id e a g e n c y fe e s s h a ll b e g ra n te d to a pe rm it
h o ld e r (to w h o m a p e rm it h a s b e e n is s u e d ) w h o re q u e s ts a re fu n d in w ritin g
w ith in o n e y e a r o f p a y m e n t, p ro v id e d :
a . T h a t th e p e rm it h o ld e r m a k e s a w ritt e n re q u e s t p rio r to th e pe rm it
e x p ira tio n d a te ; a n d
b . T h a t n o w o rk a s e v id e n c e d b y a n y re c o rd e d in s p e c tio n h a s co m m e n c e d
u n d e r s u c h p e rm it.
(4 ) W h e re th e p e rm it is re v o k e d , o r b e c o m e s n u ll a n d v o id , o r e x p ire s b e c a u s e
o f la c k o f w o rk o r a b a n d o n m e n t, a n e w p e rm it co v e rin g th e pro p o s e d
c o n s tru c tio n s h a ll b e o b ta in e d b e fo re p ro c e e d in g w ith th e w o rk , pu rsu a n t to
S e c tio n 1 0 5 .4 .1 .1 o f th e F lo rid a B u ild in g C o d e . If n o m o re th a n 18 0 d a y s of
th e e x p ira tio n d a te o f th e o rig in a l p e rm it h a s p a s s e d , a n d n o re fu n d h a s be e n
m a d e a c c o rd in g to th is s e c tio n , th e a p p lic a n t m a y a p p ly to re n e w th e pe rm it,
th e re a p p li c a ti o n m u s t b e c o v e rin g th e sa m e p ro je c t a n d in v o lv in g th e sa m e
p la n s , a n d m u s t b e s u b m itte d w ith th e p la n s a n d th e a p p lic a n t's v a lid a te d
c o p y o f th e o rig in a l p e rm it. A fe e o f 2 5 p e rc e n t o f th e o rig in a l p e rm it fe e , p lu s
a n a d d itio n a l p ro c e s s in g fe e e q u iv a le n t to th e m in im u m p e rm it fe e a s
s p e c ifi e d in a p p e n d ix A , s h a ll b e c h a rg e d fo r a re n e w a l u n d e r th e s e
c irc u m s ta n c e s .
F o r p e rm its th a t h a v e e x p ire d w h e re th e o n ly m is s in g co m p o n e nt is o n e o r
m o re fi n a l in s p e c tio n s , th e fe e fo r re o p e n in g th e p e rm it, p e rf o rm in g th e fi n a l
in s p e c ti o n (s ), a n d p ro v id in g a fi n a l a p p ro v a l o n th e p e rm it s h a ll be c h a rg e d
b a s e d o n th e m in im u m b u ild in g p e rm it fe e .
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(5) Every application submitted for permit will be evaluated and fees assessed
accordingly whether it is for a master permit, a stand-alone permit, or a
subcontract/trade subsidiary permit. All submittals will be assessed the fees
as prescribed in appendix A, or the minimum permit fee, whichever is
greater.
(c) [Public works fees.] Public Works Fees associated with a building permit are as
specified in appendix A.
(d) For violations of F.S. $ 553_509, which pertain to the requirement to provide
vertical accessibility under the "Florida Americans with Disabilities Act," in
buildings without an active wheelchair lift, a certified elevator inspector employed
by the City of Miami Beach Elevator Safety Section may issue a citation in the
manner provided in subsection 14-442(b). The schedule of violation fines shall be
set forth in section 14-444 hereof.
i.fil All new and modernized elevator construction covered by Chapter 399 of the
Florida Statutes, except those elevators in a high-rise building, which is defined in
the Florida Building Code, must provide and require a battery backup lowering
system that must automatically activate upon loss of normal electrical power ..
which shall lower the elevator to a floor designated by building personnel.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. 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 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 re-lettered to accomplish such intention, and the word" ordinance" may
be changed to" section," article," or other appropriate word.
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S E C T IO N 5 . E F F E C T IV E D A T E .
This Ordinance shall take effect the 2 day Sek<voe _,2020.
PASSED and ADOPTED this _//_ day or Sptewbe ,2020.
ATTEST:
Dan Gelber, Mayor
Rafael E. Granad6, Ciy Clerk
Underline denotes additions
Strikethrough denotes deletions
Double underline denotes additions after Second Reading
(Sponsored by: Commissioner Michael Gongora)
/2no
Dote
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Ordinan ces -R5_B
MIAMI BEAC H
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 16, 2020
9: 15 a.m. Second Reading Public Hearing
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 98, ENTITLED "STREETS AND
SIDEWALKS," BY AMENDING SECTION 98-94 THEREOF, ENTITLED
"BUILDING PERMITS," BY CREATING A BATTERY BACKUP LOWERING
SYSTEM REQUIREMENT FOR CERTAIN ELEVATORS, AND BY
AMENDING CHAPTER 14, ENTITLED "BUILDING REGULATIONS," BY
RELOCATING SECTION 14-403(D) THEREOF, INTO SECTION 98-94, AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends approving the Ordinance on Second Reading public hearing.
BACKGROUND/HISTORY
Chapter 399 F.S., entitled "Elevator Safety," provides the authority for the City to issue
construction permits and certificates of operation, for inspection of elevators, and enforcement
of the applicable provisions of the Florida Building Code ("FBC").
In the United States, the relied-upon safety code for elevators, escalators, and associated
equipment is the American Society of Mechanical Engineers ("ASME") A17.1-2016: Safety
Code for Elevators and Escalators.
Section 403 of the FBC provides that elevators contained within a high-rise building, defined as
a building with an occupied floor located more than 75 feet above the lowest level of fire
department vehicle access, are required to include standby and emergency power, which allows
elevators to function in the event of interruption of power.
Neither the ASME Safety Code for Elevators and Escalators nor the FBC contain any battery
backup system requirements for elevators whi ch are not contained within a high-rise building.
ANALYSIS
Requiring all new and modernized elevator construction not contained within a high-rise building,
to include the installation of a battery backup system, will ensure the safety of passengers in the
Page 664 of 1855
event of a uti lity powe r failure by activating the elevator, and have it descend to th e gro und floor
wh ere pas sengers can saf ely exit it. This feat ure, howe ver, wi ll not interfere wi th th e procedure
th at wo uld be followe d during the event of a huni cane, wh ere the elevator would be required to
rema in on the top floo r, wi th the po w er off, in order to prevent damage to the elevator from flooding.
The estimated cost for battery lowering for a hydraulic elevator is approximately $1,200 for the
battery and to install the battery, parts and labor is approximately $2,500. For a traction elevator,
the cost can range between $5,000 and $10,000, depending on the elevator company installing
the equipment.
This Ordinance would only apply for new or modernized elevator installations. The battery
lowering device would be included in the contractor's overall price of the proposal or contract for
these installations.
At its July 29, 2020 meeting, the City Clerk read the title of the Ordinance into the record. The
details of the elevator backup policy were further discussed and clarified. A motion was made
to move the item on first reading and proceed with a second reading public hearing in
September.
Results from the 2019 Resident Survey show that 63% of residents rated customer service at
the City of Miami Beach as excellent/good. In order to continue maintaining excellent
standards, the City intends to consider an Ordinance that would allow for an elevator battery
backup.
CONCLUSION
The Administration recommends approving the Ordinance on Second Reading public hearing.
A pplicable A rea
Citywide
Is this a "R esi de nts R igh t
to Kn ow" item , pur s uan t to
City Cod e S e cti on 2-142
Yes
Legisl ative Tracking
Public Works
Sponsor
Commissioner Michael Gongora
D oe s thi s item utilize G,O,
B ond F un ds?
No
ATTA C H M E N T S :
D escript io n
Elevator Safety Ordinance
Page 665 of 1855