97-3082 ORD
ORDINANCE NO. 97-3082
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ENACTING SECTION 14-8, ENTITLED
"HAZARDOUS MATERIAL REGISTRATION AND PERMIT"
OF MIAMI BEACH CITY CODE CHAPTER 14 , ENTITLED
"FIRE PREVENTION"; PROVIDING DEFINITIONS;
PROVIDING FOR PERMITS; SETTING A FEE SCHEDULE;
PROVIDING FOR PLACARDS; PROVIDING FOR ON-SITE
INSPECTIONS; PROVIDING FOR ENFORCEMENT;
PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the purpose and intent of this ordinance is to establish a permitting process
including the collection of fees to regulate, supervise and promote fire safety and prevention through
proper storage, handling and use of hazardous materials; and
WHEREAS, the requirement of a permit issued by the Fire Department to property owners
storing, handling or using hazardous materials in the City of Miami Beach is authorized by Article
31, Section 31-103 of the South Florida Fire Prevention Code; and
WHEREAS, it is in the best interest of the health, safety and welfare of the citizens of the
City of Miami Beach and for the protection and conservation of the environment to engage in a
permitting and placarding process in order to promote, ensure and effectuate the prompt
investigation, abatement and removal of hazardous materials within municipal territorial limits;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 14-8, entitled "Hazardous Material Registration and Permit" of Miami
Beach City Code Chapter 14, entitled" Fire Prevention" is hereby enacted to read as follows:
Section 14-8. Hazardous Material Registration and Permit.
Uti Definitions. The following terms. shall have the following meanings for pm:poses of this
section:
ill Hazardous material shall mean that material. chemical or substance which is
highly flammable. or which may self-react with other materials to cause fires or
explosions. or Which by its presence creates or augments a fire or explosion hazard.
or which by its toxicity. radioactivity or any other physical. chemical or nuclear
property when contained or when involved in an unauthorized release may cause
danger to life or create serious health hazard. Hazardous material shall include such
material as compressed gases. cryogenic fluid. flammable liquid. combustible liquid.
flammable solid. corrosives. oxidizing material. reactive and unstable material.
highly toxic. poisonous and radioactive material. whether the material is in usable
or waste condition. Hazardous material shall include material identified in the
Florida Substance List compiled by the Florida Department of Labor and
Employment Security pursuant to section 442.103. Florida Statutes.
ill Person shall mean any natural person. firm. individual association.
corporation. partnership. joint venture. municipality. governmental agency. political
subdivision. public officer. partner. director. officer. public corporation or any other
entity of any kind whatsoever. iointly and severally. singular or plural.
ill Placard shall mean a visible hazard identification sign or plate indicating any
and all ofthe hazardous materials presently stored. handled or used on the premises.
ill Premises shall mean the building or structure or portion thereof upon which
hazardous material is stored. handled or used.
au Hazardous Material Registration and Permit. No person shall store. handle or use any
hazardous materials unless and until a valid permit has been issued by the Fire Department. in
accordance with South Florida Fire Prevention Code. Article 31. Section 31.103. Anyone obtainin~
a permit under this section shall pay $150.00 permit fee durin~ the month followin~ the enactment
of this legislation. but by no later than October 1st. Permits shall be renewed on an annual basis.
Failure to pay the fee within thirty (30) days will result in a late permit fee of $250.00. Failure to
pay the fee within ninety (90) days. will result in a late permit fee of $500.00. All applications
for permits shall be on a form prescribed by the Fire Department and accompanied by a Hazardous
Material Inventory Form providin~ the followin~ information:
ill the chemical or common name of the hazardous materials on the premises:
ill an estimate of the maximum amount of hazardous material present on the premises:
ill an estimate amount of the avera~e daily hazardous material present on the premises:
ill the specific location of the hazardous materials on the premises:
ill a brief description of the manner of stora~e of the hazardous materials.
W Placard requirement: Every person who obtains a permit pursuant to this section shall affix
a placard for each hazardous material on the premises. Said placard shall be in compliance with
NFP A Section 704 or as approved by the Fire Department. The placard must be affixed to a
conspicuous location where each of the hazardous materials is stored. handled or used on the
premises. The placard(s) may be obtained by the person or purchased from the Fire Department at
a cost of $50.00.
@
Inspection:
Every person shall allow the Fire Department to conduct an on-site inspection
of the premises and shall provide to the Fire Department upon request. information on the specific
types . amounts and locations of any and all hazardous material on the premises.
W Enforcement: Any person who fails or refuses to comply with. or violates. any of the
provisions ofthis Section. shall be subiect to prosecution under the City's Code Enforcement system.
in accordance with Chapter 9B of this Code and shall be subiect to immediate suspension of the
person's business license until such time as the provisions have been complied with.
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, 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 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 14th
June
PASSED AND ADOPTED this 4th day of June, 1997.
Ae~ ~M~
CITY CLERK
1st reading 5/21/97
2nd reading 6/4/97
APP CAS TO
FORM & LANGUAGE
& FOR EXECUTIoN
~ tr!fi/lL ~ <;/;LI#1
~ Attorney ~
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cLmiami-beach.fl.us
COMMISSION MEMORANDUM NO. 3'75.'1 7
TO:
Mayor Seymour Gelber and DATE: June 4, 1997
Members of the City Commission
Jose GarCia_pedrols
City Manager
EST ABLISHM T OF AN ORDINANCE TO PROVIDE AN ANNUAL
PERMIT FOR HAZARDOUS MATERIALS.
FROM:
SUBJECT:
ADMINISTRATION RECOMMENDATION:
Approve the Ordinance on second and final reading.
BACKGROUND:
This proposal has been unanimously approved by the Capital Improvement and Finance Committee,
and the City Commission at the first public hearing on May 21,1997
Florida State Statutes and the South Florida Fire Prevention Code requires "The Local Fire Chief
to provide a permit process for the storage and/or sale of all hazardous materials in the specific
jurisdiction." To address the hazardous material requirements of Florida State Statutes and the South
Florida Fire Prevention Code, the Administration is recommending an Ordinance be adopted to
provide for a comprehensive monitoring and placarding program, and a fee schedule for hazardous
materials present in the City of Miami Beach. The proposed fee shall be as follows:
a. Annual permitting fee of$150.00 as authorized under Ch. 252.85, Florida Statutes,
to be effective on October 1 st of each year.
b. Late Fee: Permits shall be renewed on an annual basis, failure to pay the fee within
thirty (30) days will result in a late permit fee of $250.00. Failure to pay the fee
within ninety (90) days will result in a late permit fee of $500.00
c. Each occupancy or business storing hazardous materials shall placard their structures
as provided in the South Florida Fire Prevention Code. Placards may be obtained by
the person/owner or purchased from the Fire Department at a cost of $50.00
It is estimated that approximately 200 occupancies in the City of Miami Beach either store or use
hazardous materials, which require permitting and reporting pursuant to Local, State and Federal
laws. If enacted, it is estimated this Ordinance will generate approximately $30,000 per year.
DATE
R6tL
~ ,J..j..g 1
AGENDA ITEM
Commission Memorandum
Hazardous Materials Ordinance
Page 2
June 4, 1997
ANALYSIS:
Florida State Statutes, and the South Florida Fire Prevention Code mandate that any owner or
operator of a facility, which is required to report the storage or use of hazardous materials, shall pay
an annual reporting fee not to exceed $150.00 for each form report. Presently, the City of Hialeah
has an Ordinance authorizing a permit fee of $150.00. This proposal has been unanimously
approved by the Capital Improvement and Finance Committee, and the City Commission at the first
public hearing on May 21,1997.
CONCLUSION:
The requested Ordinance will enhance the City of Miami Beach's ability to enforce State mandated
requirements for storage and/or sale of hazardous materials, offset the costs for investigating,
mitigating, removing or abating discharges of hazardous materials and the costs for specialized
protective clothing and equipment.
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C:Admin\HazMat-2.cmj