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Ordinance 85-2473 ORDINANCE NO. 85-2473 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE MIAMI BEACH CITY CODE BY THE ADDITION OF A NEW ARTICLE IX ENTITLED "SMOKE DETECTORS" ; MANDATING INSTALLATION OF SMOKE DETECTORS IN CERTAIN DWELLING AND SLEEPING UNITS AND UNDER CERTAIN CONDITIONS; PROVIDING FOR SEVER- ABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 . That Chapter 14 of the Miami Beach City Code be and the same is hereby amended by the addition of a new Article IX entitled, "Smoke Detectors" , Section 14-76 to read as follows: Sec. 14-76 Definitions as used in this Article A. "Adult Congregate Living Facility" (ACLF) shall be defined as any state licensed building or buildings, section of the building, or distinct part of a building , residence, private home , boarding home , home for the aged or other place, whether operating for profit or not, which undertakes through its ownership or management to provide, for the period exceeding twenty-four (24) hours, housing , food service, and one or more personal services for four or more adults , not related to the owner or administrator by blood or marriage, who require such services. Any facility with fewer than four adults will be included within the meaning of this definition, if they formally or informally advertise or solicit the public for residence or referrals and holds itself out to the public tobe an establishment which regularly provides such services. B. "Dwelling Unit" shall be defined as any room or group of rooms which forms a single habitable unit with facilities which are used or are intended to be used for living , sleeping , cooking , or eating. Such units shall contain independent cooking and sleeping facilities. C. "Hospital" shall be defined as any establishment offering services more intensive than those required for room, board, personal services and general nursing care and offers facilities and beds for use beyond twenty-four (24) hours by individuals requiring diagnosis , treatment, or care for illness, injury, deformity, infirmity abnormality, disease, or pregnancy and regularly makes available at least clinical laboratory services, diagnostic X-ray services and treatment facilities for surgical or obstetrical care, or , other definitive medical treatment of similar extent. OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 D. "Nursing Home" shall be defined as a state-licensed facility providing long-term care of the chronically ill, the physically- disabled, and the aged who are unable to move about without the aid of another person or device. E . "Owner" shall be defined as any person, firm, corporation or other legal entity who individually or jointly or severally with others holds the legal or beneficial title to any buildings, facilities , equipment or premises subject to the provisions of this chapter . The term shall include the owners' duly authorized agent, purchaser , devisee, fiduciary, property holder or any other person, firm, corporation or legal entity having a vested or contingent interest or , in the case of a leased premises, the legal holder of the lease or his legal representative. F. "Sleeping Area" shall be defined as a bedroom or room intended for sleeping or a combination of bedrooms or rooms intended for sleeping within a dwelling unit, which are located on the same floor and are not separated by another habitable room, such as a living room, dining room or kitchen, but not a bathroom, hallway or closet. A dwelling unit may have more than one sleeping area; provided that said sleeping area not include common usage areas in structures with more than one dwelling unit, such as corridors , lobbies and basements. G. "Sleeping Unit" shall be defined as a room or group of rooms intended for rental to transients on a day-to-day, week-to-week , or month-to-month basis, not intended for use or used as a permanent dwelling and without cooking facilities. H. "Smoke Detector" shall be defined as a device which detects visible or invisible particles of combustion. I . "Substantially Rehabilitated" shall be defined as any improvement to a structure which is valued greater than one-half of the assessed valuation of the building. J. "Transient Residency" shall be defined as occupancy with the intention of the parties that the occupancy be temporary. SECTION 2. That Chapter 14 of the Miami Beach City Code be and the same is hereby amended by the addition of a new Article IX, Section 14-77 , to read as follows: -2- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139 Sec. 14-77 Requirements A. The owner of each dwelling or sleeping unit which is constructed or substantially rehabilitated under a building permit issued after the effective date of this ordinance, shall install smoke detectors as required by the Life Safety Code of the National Fire Protection Association, 1981 edition. No Certificate of Occupancy may be issued for any dwelling or sleeping unit unless smoke detectors have been installed as required by this ordinance. B. Within six (6) months of the passage of this ordinance all owners of existing dwelling or sleeping units must install either: (1) a battery operated smoke detector meeting the requirements of U.L. 217 (Standards for Single and Multiple Station Smoke Detectors) or, (2) a permanently wired smoke detector "hardwired" to a permanent non-shut off circuit, said installation meeting the requirements of U.L. 268 (Smoke Detectors for Fire Protective Signaling Systems) . SECTION 3. That Chapter 14 of the Miami Beach City Code and the same is hereby amended by the addition of a new Article IX, Section 14-78 , to read as follows: Sec. 14-78 Locations A. The owner of each dwelling unit shall install such smoke detectors within the dwelling unit to protect the sleeping areas . B. Any owner subject to this Act may not install a smoke detector in a dead air space, such as where the ceiling meets the wall. SECTION 4 . Chapter 14 of the Miami Beach City Code and the same is hereby amended by the addition of a new Article IX, Section 14-79 , to read as follows: Sec. 14-79 Installation A. "Hard wire system" smoke detectors must be capable of sensing visible or invisible products of combustion and shall be installed in a manner approved by the Chief of the Fire Department or his designee, who shall have the authority to promulgate rules for such installations. -3- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139 B. Any connection of smoke detectors to the building ' s electrical system will require an electrical permit in compliance with the provisions of the National Electrical Code, N.F.P.A. 70-1981 edition. C. Smoke detectors shall be maintained in operative condition at all times as specified in N.F.P.A. 702E 1978 edition. SECTION 5. Chapter 14 of the Miami Beach City Code be and the same is hereby amended by the addition of a new Article IX, Section 14-80 , to read as follows: Sec. 14-80 Exceptions The provisions of this Act shall not apply to: 1. All buildings that have an automatic fire detector system or an automatic alarm system or otherwise required to install smoke detectors under the provisions of the South Florida Building Code, 1979 edition, and any subsequent amendments thereto. 2 . All hospitals and licensed nursing homes , as defined in this article, shall be exempt from the provisions of this ordinance, but shall comply with the requirements of the South Florida Building Code and Florida Administrative Code. 3 . All single-family and two-family dwelling structures, as defined in the Miami Beach Zoning Ordinance No. 1891. 4. All ACLF' s governed by the smoke detector requirements as set out in Chapter 14B, Miami Beach City Code, and any subsequent amendments thereto. SECTION 6 . Chapter 14 of the Miami Beach City Code be and the same is hereby amended by the addition of a new Article IX, Section 14-81 to read as follows: Sec. 14-81 Penalties for Violation All persons charged with the violation of this article shall be tried in the County Court or before such appropriate forum as designated by law. Violations of this article shall be considered a first degree misdemeanor . Any person violating said article shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article is committed or continued. -4- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 SECTION 7 . Chapter 14 of the Miami Beach City Code be and the same is hereby amended by the addition of a new Article IX, Section 14-82 to read as follows: Sec. 14-82 Inspection and Maintenance of smoke detectors (a) The responsibility of the owner of the premises having smoke detectors to inspect and maintain such devices subject to the responsibilities set forth below. (b) The detectors shall be inspected on an annual basis to determine if such systems are operating correctly subject to the provisions stated below. No occupational license shall be issued to a premises until a certificate of inspection is submitted to the Chief of the Fire Department or his designee. (c) In residential tenancies using battery operated smoke detectors within the dwelling units, the lessor (or his agent) shall state under oath that: (1) each lessee has been notified by certified mail as to the purpose of the smoke detector and how it is tested; (2) that the responsibility is upon the lessee to notify the lessor (or his agent) as to any malfunctions. However , if the lessee is physically or mentally unable to inspect the smoke detector in his dwelling unit, said tenant shall notify the lessor (or his agent) in writing of the inability to inspect and shall provide accessibility to the lessor (or his agent) within seven (7) days to test the operation of the smoke detector . Thereafter , until the termination of the lessee' s interest in the dwelling unit, the lessor (or his agent) shall be responsible to correct any malfunctions. (d) Any owner or lessor who fails to correct a malfunctioning smoke detector within seven (7) days from notice shall be guilty of violating this article and shall be subject to the penalties specified in §14-81, Miami Beach City Code (e) In hotels, motels or any other dwelling unit other then a condominium unit or apartment, the innkeeper or owner shall be responsible for maintaining and inspecting the smoke detectors. -5- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 (f) In owner occupied condominium units, the owner of said unit shall be responsible to maintain and inspect the smoke detector . (g) On hard-wire smoke detector systems , a tag or sticker shall be placed on the system by the contractor or company performing the inspection. The inspecting company or contractor shall then supply the owner or his designee with a receipt which will include the date of inspection and statement that the system is operating properly. A copy of said receipt shall be forwarded along with the application for occupational license . SECTION 8 . SEVERABILITY. If any section, subsection, sentence , clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. SECTION 9 . REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 10 . EFFECTIVE DATE. This ordinance shall take effect ten (10) days after adoption in accordance with law on April 13 , 1985 . PASSED and ADOPTED this 3rd day of YOR ATTEST: C l-I-A„1- ?7 . Vlell 'tJ CITY CLERK 1st Reading - February 20, 1985 2nd Reading - April 3, 1985 (as amended) (REQUESTED BY COMMISSIONER SIDNEY S . WEISBURD AND COMMISSIONER STANLEY H. 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