Ordinance 2023-4544 ORDINANCE NO. 2023-4544
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 ARTICLE III, ENTITLED "EXCAVATIONS," BY
AMENDING SECTION 98-94 THEREOF, ENTITLED "BUILDING PERMITS," TO
CREATE A SUBSECTION 98-94(G) THEREOF, TO PROHIBIT THE
INSTALLATION OF NON-ENCLOSED WHEELCHAIR LIFTS IN THE CITY OF
MIAMI BEACH; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the American Society Of Mechanical Engineers(ASME)section A18.1 Safety
Standards for Platform Lifts 2.1.3 allows for the use of non-enclosed wheelchair lifts without a
runway (hoistway); and
WHEREAS, when non-enclosed elevator lifts are in motion, they leave a large gap of
space underneath the units, large enough to fit a small child or an animal; and
WHEREAS, accordingly, non-enclosed wheelchair lift units are manufactured with a safety
underpan that stops the unit from descending if any person or object is detected under the lift;
and
WHEREAS, however, weather and climate conditions in Miami Beach such as rain, salt,
and lack of frequent use of such platforms have rendered many safety underpans inoperable due
to rust, causing major safety concerns; and
WHEREAS, the City's Public Works Department shared its concerns with wheelchair
companies servicing wheelchair lifts in the City, and firms have no objections to prohibiting
installation of non-enclosed wheelchair lifts in the City; and
WHEREAS, the City is looking to amend the Ordinance as a way to ensure proper safety
of these mechanical conveyances.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.That section 98-94 of the City Code of Miami Beach are hereby amended as follows:
Chapter 98
STREETS AND SIDEWALKS
* * *
ARTICLE III. EXCAVATIONS
* * *
DIVISION 2. PERMIT
* * *
Sec. 98-94. Building permits.
* * *
(q) Platform lifts safety restrictions. Installation of non-enclosed wheelchair lifts shall be prohibited
throughout the City.
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repealed.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.
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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.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the G day April 2023.
PASSED and ADOPTED this 27 day of)March , 2023.
ATTEST:
�M!.B,F-.�''' Dan Gelber, Mayor
MAR 3 1 2023 = �. ...y
Raf.el E. Granado, City Clerk kINCOAP RATED
' 4 ;h
Underline denotes additions `'R�f 26
Strikethrough denotes delctiong APPROVED AS TO
(Sponsored by Commissioner Ricky Arriola) FORM 8 LANGUAGE
8 FOR EXECUTION
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CityAtto►ney Date
Ordinances - R5 A
MIAMI BEA I
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: March 27, 2023 •
•
10:20 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," BYAMENDING ARTICLE III, ENTITLED "EXCAVATIONS," BY
AMENDING SECTION 98-94 THEREOF, ENTITLED "BUILDING PERMITS,"
TO CREATE A SUBSECTION 98-94(G) THEREOF, TO PROHIBIT THE
• INSTALLATION OF NON-ENCLOSED WHEELCHAIR LIFTS IN THE CITY
OF MIAMI BEACH; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE..
RECOMMENDATION
The Administration recommends adopting the Ordinance on Second Reading Public Hearing.
BACKGROUND/HISTORY
The American Society of Mechanical Engineers (ASME) Section A 18.1 Safety Standards for
Platform Lifts 2.1.3 allows for the use of non-enclosed wheelchair lifts without a runway
(hoistway).
When non-enclosed elevator lifts are in motion, they leave a large vacant space underneath the
units, large enough to fit a small child or an animal. Accordingly, non-enclosed wheelchair lift
units are manufactured with a safety underpan that stops the unit from descending if any person
or object is detected under the lift. However, weather and climate conditions in Miami Beach
such as rain, salt, end lack of frequent use of such platforms have rendered many safety
underpans inoperable due to rust, causing major safety concerns.
The City's Public Works Department shared its concerns with wheelchair companies servicing
wheelchair lifts in the City, and firms have no objection to prohibiting installation of non-enclosed
wheelchair lifts in the City.
The City is looking to amend the Ordinance as a way to ensure proper safety of these
mechanical conveyances.
SUPPORTING SURVEY DATA
Results from the 2022 Resident Survey related to the City's perception and satisfaction show
Page 653 of 1292
an overall approval of 67.4%, and rated the City as a good place to live.
FINANCIAL INFORMATION
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No fiscal impact:
CONCLUSION
The Administration recommends adopting the Ordinance on Second Reading Public Hearing.
Applicable Area,
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Neighborhoods -Work with partners to address regional safety issues.
Legislative Tracking
Public Works
Sponsor
Commissioner.Ricky Arriola
,ATTACHMENTS:
Description
o Ordinance
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