2013-3815 Ordinance ORDINANCE NO. 2013-3815
AWORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 50 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "FIRE PREVENTION AND
PROTECTION", BY CREATING SECTION 50-8 THEREOF,TO BE ENTITLED
"FIRE ALARMS, REGULATIONS, PENALTIES, ENFORCEMENT" TO
ESTABLISH REQUIREMENTS AND FINES FOR FALSE FIRE ALARMS;
PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach Fire Department is responsible for
responding to all fire alarm signals generated from any building within City limits; and
WHEREAS, several buildings in ,the City have generated a total of 739 false
alarms in the last fiscal year-(10/l/2011 — 9/30/12), which resulted in the unnecessary
use of fire department-resources not available for true emergencies; and
WHEREAS, constant false fire alarms have created an environment of unsafe
practices from occupants who refuse to evacuate the building, which could lead to injury
or death in the event of.a true emergency; and
WHEREAS, the City of Miami Beach Fire Department is only one of two fire
departments in Miami-Dade County that does not current have a false fire alarm
enforcement procedures and fines; and
WHEREAS, the City of Miami Beach Fire Department has determined that
establishing new enforcement procedures and fines will reduce the false alarms and
thereby increase the level of safety for residents and visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 50 of the Code of the City of Miami Beach, Florida,
entitled "Fire Prevention and Protection," is hereby amended as
follows:
Chapter 50
Fire Prevention and Protection
Sec. 50-8. - Fire Alarms, Regulations, Penalties, Enforcement.
) Purpose of regulation. The purpose of this section is to place responsibility on
the alarm user to prevent, by use of appropriate mechanical, electrical, or other
means, false fire alarms.
Scope of regulations. The provisions of this section shall apply throughout the
geographical area serviced the Miami Beach Fire Department.
c) Definitions.
1) Alarm user means the person or other entity that owns, possesses,
controls, occupies or manages any premises as defined below.
U
False fire alarm means a signal from a fire alarm system that elicits a
response by the Fire Department when no actual or threatened fire-related
emergency exists. This definition includes signals activated by negligence,
accident, mechanical failure . and electrical failure signals activated
intentionally in non-emergency situations; and signals for which the actual
cause of activation is unknown. It is a rebuttable presumption that afire
alarm is false if personnel responding from the Fire Department do not
discover any evidence of fire or other emergency after following normal Fire
Department operating procedures in investigating the incident. An alarm is
not false if the alarm user provides evidence that (1) an individual activated
the alarm based upon a reasonable belief that a fire-related emergency
existed; (2) the alarm system was activated by lightning or an electrical
surge that caused physical damage to the system, as evidenced by the
testimony of'a licensed alarm system contractor who conducted an on-site
inspection and personally observed the damage to the system; or (3) the
alarm was activated by vandals.
Fire alarm system means any assembly of equipment, mechanical or
electrical, arranged to signal the occurrence of fire-related emergency
requiring urgent attention and to which Fire Department personnel may
reasonably be expected to respond, but does not include household fire
• alarm systems installed in one-or-two family dwellings.
. Household fire alarm system means a system of devices that is listed for
residential use and installed in a one-or-two family dwelling other than
facilities that are required to be licensed.
5 Premises means the building or structure, or portion of a building or
structure, upon which a fire alarm system is installed or maintained.
Vandals means a person or persons who willfully cause damage to the fire
alarm system which results in the activation of a fire alarm.
Fire alarms; posting requirements. A fire alarm user shall conspicuously post at
the main entrance to the alarm user's premises a notice stating (1) the name of
an individual or alarm company able and authorized to enter the premises and
deactivate the alarm; (2) emergency telephone numbers by which those
individuals can be reached at all times; and (3) the name and address of the
alarm user. The information must be kept current and failure to update this
information within forty-eight (48) hours of any change constitutes a violation of
this section.
) False fire alarms prohibited. No fire alarm user shall cause, allow, permit or
suffer the fire alarm system to emit three (3) or more false alarms in any calendar
year.
Inspection requirements/Post activation. After the second and each additional
false fire alarm in one (1) calendar year, the alarm user shall, within thirty (30)
days, after the second or subsequent fire alarm activation, file a written
inspection and test report with the Fire Department from a licensed fire alarm
contractor stating that the fire alarm system has been inspected and tested since
the last false fire alarm. The report shall set forth the probable cause of the
activation, description of any repairs, modifications made or actions taken to
prevent additional false alarm activations. The inspection and test report shall
also state that the system is currently fully functional without deficiencies.
e
Lq) Penalties. A violator of this section shall receive a fine(s) as follows:
For the first false alarm within a calendar year, a notice of violation with
no fine.
For the second false alarm within a calendar year, a notice of violation
with no fine.
For the third and fourth false alarm within a calendar year, a citation with
a fine of$250.00.
For the fifth false alarm and subsequent false alarms including the twelfth
false alarm within a calendar year, a citation with a fine of$500.00.
For the thirteenth and subsequent false alarms within a calendar year, a
citation with a fine of$1,000.00.
Enforcement. The fire inspector shall issue a citation for each false alarm. A
violator who has been issued a citation under this section shall elect either to:
Pay the civil fine in the manner indicated on the citation; or
Request an administrative hearing before a special master to appeal the
decision of the fire inspector which resulted in the issuance of the citation.
0 Appeal of a citation. The violator may appeal the citation by requesting an
administrative hearing within 10 days from the date of issuance. The procedures
for appeal of the citation shall be as set forth in Chapter 30, as may be amended
from time to time.
Failure to appeal. Failure of the named violator to appeal the citation within the
prescribed time period shall constitute a waiver of the violator's right to an
administrative hearing before the special master. A waiver of the right to an
administrative hearing shall be treated as an admission of the citation, and fines
are owed to the City. Unpaid fines may result in the imposition of larger fines
and/or further enforcement as set forth in this Chapter.
Appeal of special master's decision. Any party aggrieved by the decision of a
special master may appeal that decision as provided by applicable Florida
Statutes and Florida Rules of Appellate Procedure.
Imposition of civil fines. The City may institute proceedings in a court of
competent jurisdiction to compel payment of civil fines. A certified copy of an
order imposing a civil fine may be recorded in the public records and thereafter
shall constitute a lien upon any other real or personal property owned by the
violator, and it may be enforced in the same manner as a court judgment by the
sheriffs of this state, including levy against the personal property, but shall not be
deemed to be a court judgment except for enforcement purposes. After two
months from the filing of any such lien which remains unpaid, the City may
institute proceedings to foreclose or otherwise execute on the lien.
SECTION 4. REPEALER
All ordinances or parts of ordinances in conflict therewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY
If any section, subsection, sentence, clause, provision or phase 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 5. 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 that the word "ordinance"
may be changed to "section", "article", or other appropriate word.
SECTION 6. EFFECTIVE DATE
This Ordinance shall take effect on the 10th day of October , 2013 which
is 10 days after adoption.
PASSED and ADOPTED this 30th day of September , 2013.
-4 atti Herrera Bower
�. MAYOR
ATTEST:
:INCORP ORATED
k01% :=„Fl
Rafael Granado
CITY CLERK
Z� APPROVED AS TO
Underline denotes additions; StFikethFeugh denotes deletions FORM & LANGUAGE
&FOR EXECUTION
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COMMISSION ITEM SUMMARY
Condensed Title:
An ordinance amending Chapter 50 of the Code of the City of Miami Beach, "Fire Prevention and
Protection,"proposing enforcement procedures and fines for false fire alarms generated from commercial
-buildings.
Key Intended Outcome Supported:
Ensure Compliance with code within reasonable time frame
Ensure safety and appearance of building structures and sites
Supporting Data(Surveys, Environmental Scan,etc.):The City survey conducted in 2012 indicates
that 93%of those surveyed rated the fire department as excellent/good. Respondents ranked improving
firefighting at 14% when asked how the City should focus resources to improve safety, but it was a
noticeable increase from 2%in the last survey.
Item Summa /Recommendation:
SECOND READING
This ordinance establishes an enforcement procedure and fine schedule for building owners having a
high frequency of false fire alarms. The City of Miami Beach has provisions for fines of police related
false alarms,but currently nothing in place for fire alarms. The other cities in the county already have an
ordinance providing for a fine when there is a false fire alarm. The fire department has received over 700
false alarms during the last fiscal year,which translates to the fire department utilizing resources when no
emergency existed. In addition,the constant false alarms create dangerous conditions in the buildings
because occupants no longer take proper action in the event of a real alarm.
f
The purpose of the fines is to encourage compliance, and revenue of these fines will be expected to
f decrease from year to year. The cost associated with responding to a fire alarm signal involves
personnel and equipment responding to the call; however, this cost is funded from the general fund as
standard fire department function. The revenue projected from these fines ranges from $20,000 to
$90,000, but it is difficult to predict without an established ordinance and track record. Ordinance
approved on First Reading on Se tember 11, 2013.
Advisory Board Recommendation:
The Finance and Citywide Projects Committee discussed this item during the meeting on April 25,2013.
The Committee voted to move the recommendation by the Fire Department.
Financial Information:
Source of Amount Account
JF s: 1
2
3 `
OB Total
Financial Impact Summary: Projected revenue up to$90,000 per year.
City Clerk's Office Legislative Tracking:
Javier Otero, Fire Chief
Sign-Offs.
Department Director Assistant City Manager City Manager
s
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AGENDA ITEM S
MIAMIBEACH DATE
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti, Herrera Bower and Me bers of th City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 30, 2013 SECOND READING
SUBJECT: AN ORDINANCE OF THE MAYO AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AM NDING CHAPTER 50 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "FIRE PREVENTION AND
PROTECTION," BY CREATING SECTION 50-8 THEREOF, TO BE
ENTTITLED "FIRE ALARMS, REGULATIONS, PENALTIES,
ENFORECEMENT" TO ESTABLISH REQUIREMENTS AND FINES FOR
FALSE FIRE ALARMS; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the Ordinance amendment on second
reading setting fines for FY13/14.
KEY INTENDED OUTCOME SUPPORTED
Ensure Compliance with code within reasonable time frame.
Ensure safety and appearance of building structures and sites.
BACKGROUND
The Miami Beach Fire Department responds to all fire alarms initiated electronically by
any building fire alarm system. The initial response consists of an engine company or
ladder company and up to including a full alarm assignment. Many of these fire alarms
are determined to be false fire alarms where there was no fire and no emergency. This
is attributed mainly to poorly maintained fire alarm systems that generate a false alarm
signal. When the fire department responds to a false fire alarm, resources are utilized
when no emergency exists. This scenario can cause a delay to an actual fire emergency
occurring somewhere else in the city.
A false fire alarm is defined as a signal from a fire alarm system that elicits a response
by the Fire Department when no actual or threatened fire-related emergency exists.
Currently, the City of Miami Beach Code does not include provisions for enforcing false
fire alarms with a citation and fines. The current process is to write a notice of violation
to the building owner to repair the fire alarm system. Many times, more false alarms are
generated before the system can be repaired. The current enforcement process is not
encouraging building owners to take more immediate action and comprehensive
evaluation of the fire alarm systems.
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Page 1 of 4
More importantly, the constant fire alarms in a building have created an unhealthy and
dangerous attitude from the occupants. The occupants assume that the alarm signal is
going to be "false" and are refusing to evacuate the building. In the event of a real fire
alarm, this behavior can lead to devastating consequences of occupant injury or death.
In order to promote compliance and improve overall safety, the Fire Department staff is
recommending establishing a fine schedule for false fire alarms, as is in place in Miami-
Dade County and neighboring cities. The table below shows the current fines in the
county for false fire alarms. The City of Miami Beach is one of two municipalities that do
not currently have a false fire alarm ordinance.
COMPARISON TO OTHER MUNICIPALITIES IN THE COUNTY
Miami-Dade City of Hialeah City of Miami City of Coral
Gables
First two false alarms— First three false First two false fire First two false
no fine alarms— no fine alarms— no fine fire alarms— no
fine
3 rd false alarm $500.00 4 th false alarm in and 4 th false fire V false fire
one calendar year- alarms alarm in calendar
$50.00 $250.00 per year- $60.00
incident
4 th and each additional 5t false alarm in 5 th and any 4 th false fire
false fire alarm in one one calendar year- subsequent false alarm in calendar
calendar yr. -$1,000.00 $100.00 fire alarm — year- $110.00
$500.00 per
incident
6 th false alarm in 6 or subsequent False fire alarm
one calendar year- false fire alarm — after 4th incident
$200.00 cert. of occupancy in calendar year
could be revoked. - $210.00
$25.00 past due
fees after 41-60
days ; $25.00
every 30 days.
ANALYSIS
The fire department has analyzed the fire response calls during the last fiscal year
(10/1/2011 to 9/30/2012) and identified eighty (80) buildings that reported 10 or more
false alarms. The statistics are shown in the first two columns of the table below. The
table also shows an estimate of the fines if the false alarm ordinance were in effect
during this time period. The intent of the ordinance is to obtain compliance before the
fines are issued to the violator. However, there will be some building owners that will not
follow through in repairing the problems with the fire alarm system. It is estimated that
some owners will obtain compliance by the 5th false alarm and other owners may reach
up to the 10th false alarm. It is estimated that the fines issued will be less and less from
year to year.
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FALSE FIRE ALARMS IN THE CITY OF MIAMI BEACH FROM 10/1/2011 TO 9/30/12
#of false Assume
alarms in FY Potential fines for compliance on Assume compliance
11/12 (only 3rd false alarm 5th false alarm on the 10th false
showing 10 or ($250 x#of ($750 x#of alarm ($2,500 x#of
#of Bld s more) Bld s) Bld s Bld s
15 10 $3,750
6 11 $1,500 $4,500
8 12 $2,000 $6,000
6 13 $1,500
1 14 $250 $750
7 15 $1,750 $5,250
2 16 $500 $1,500 $5,000
6 17 $1,500 $4,500
3 18 $750
5 20 $1,250 $3,750
1 21 $250 $750 $2,500
3 23 $750
2 25 $500 $1,500 $5,000
1 28 $250
1 30 $250
1 31 $250 $750 $2,500
2 32 $500 $1,500
1 33 $250 $750
2 34 $500
1 38 $250 $750 $2,500
2 42 $500 $1,500 $5,000
1 44 $250 $750 $2,500
1 50 $250 $750 $2,500
1 54 $250 $750 $2,500
1 108 $250 $750 $2,500
Total = 80 Total = 739 Total = $20,000 Total = $36,750 Total = $32,500
Total Estimate of
Fines First Year $89,250
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Page 3 of 4
PROPOSED NEW CITATIONS WITH FINES
The Fire Department would like to establish an enforcement process that includes a fine
ranging from ($250 to $1,000) in order to encourage the repeat offenders to achieve
compliance as at faster pace than current procedures. The fines will not start until the
third false alarm in a calendar year, which gives the building owner two opportunities to
correct any deficiencies in the system.
Frequency Current New Fine
Fine
1 St False Alarm $ 0 $0
2nd False Alarm $ 0 $0
3rd False Alarm $0 $250.00
4th False Alarm $0 $250.00
5th False Alarm $0 $500.00
6th False Alarm $0 $500.00
7th False Alarm $0 $500.00
8th False Alarm $0 $500.00
9th False Alarm $0 $500.00
10th False Alarm $ 0 $500.00
11 th False Alarm $0 $500.00
12th False Alarm $0 $500.00
13 False Alarm and $ 0 $1000.00
subsequent
FISCAL IMPACT
The purpose of the fines is to encourage compliance and revenue of these fines will be
expected to decrease from year to year. The cost associated with responding to a fire
alarm signal involves personnel and equipment responding to the call; however, this cost
is funded from the general fund as standard fire department function. The revenue
projected from these fines ranges from $20,000 to $90,000, but it is difficult to predict
without an established ordinance and track record.
FINANCE AND CITYWIDE PROJECTS COMMITTEE
This item was discussed in the Finance and Citywide Projects Committee on April 25,
2013. The Fire Chief presented the current situation and consequences of so many
false fire alarms in the City. The Committee members voted to move the
recommendation of the fire department with some minor changes in the fine schedule.
CONCLUSION
The new fines and enforcement process will help achieve compliance and promote safety
of the occupants. Ordinance amendment was approved on first reading on September
11, 2013. The Administration recommends approving the Ordinance amendment on
second reading setting fines for FY13/14.
JLM/JO/SFM
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