R5U -Amend Chapter 50 And Chapter 102 Fire Prevention-Protection And TaxationCOMMISSION ITEM SUMMARY
Condensed Title:
1. An Ordinance Amending Chapter 50, Entitled "Fire Prevention And Protection", by Amending
Section 50-4, Entitled "Enforcement By Fire Inspectors; Notice Of Violation To Add And Increase
Fines Related To Fire Code Violations; By Amending Section 50-5 Thereof, Entitled "Annual Fire
Prevention And Fire Safety Inspection Permit" To Include The Night Inspection Fee Previously
Adopted Under Section 102.379 Of The City Code.
2. An Ordinance Amending Chapter 102, Entitled "Taxation", By Deleting Nightclub Fee in Section
102.379, Entitled "Schedule of taxes, effective October 1, 2009".
Ke_y 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.): Environmental Scan 2001-2011: The
number of night inspections and overcrowding citations has decreased over the 1 0-year period
due to changes made in the program; however, the average over the last five years is over 3,000
inspections. The number of inspection of existing buildings has decreased substantially over the
1 0-year period due to a reduction in staffing. The proposed fines will assist in obtaining
compliance with the limited resources. The 2012 CMB Community Satisfaction Survey showed
positive results with the fire inspections services. Some of the ratings are as follows: 89% of
businesses surveyed said that they were very satisfied or satisfied with the fire inspections; 93%
said that inspections were helpful in improving safety; 88% said that they agree that it was easy
to get service for staff; and 93°/o said that they strongly agree or agree that staff was courteous
and professional.
Item Summary/Recommendation:
FIRST READING
The ordinance proposes to increase the current fines for nightclub overcrowding conditions and
establish new fines for other fire code violations. The current fine of $200 for the first offense and $500
for subsequent offenses established in 1997 are not providing enough incentive for code compliance
among some establishments. The Fire Department presented the increased fines to the Night Life
Industry Task Force during a public noticed meeting on February 25, 2013. The members present
made some changes to the proposed fines, which have been incorporated into the ordinance. In
addition, a new fine schedule is established for violations that need to be corrected immediately in lieu
of proceeding with the Special Master process.
The City Code, Section 102, establishes a fee of $3.00 per person charged to the dance hall
entertainment establishments. The nightclub fee collected from 10/1/2011 to 9/30/2012 was a total of
$60,916.29. The current cost for nightclub inspections per year is roughly $110,000. The
Administration proposes increasing this fee to $4.00 per person, which would generate $81,221, using
the same number of establishments in the last fiscal year. The remaining cost can be recovered with
the increased fines proposed.
Advisory Board Recommendation:
Neighborhood/Community Affairs Committee discussed this item on April 29, 2013. The Committee
unanimous! moved the recommendation b the Fire De artment.
Financial Information·
Source of Amount Account
~ 1
2
Total
Financial Impact Summary: The proposed new inspection fee and proposed fines would be able
to cover 85% of the cost and the remainder would be su_pported by the general fund.
islative Trackin
Department Director Assistant City Manager
MIAMI BEACH AGENDA IT EM ___.R-=--S""_t,.(--=---
DATE q-Jf=J3
6
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
(
COMMISSION MEMORANDUM
TO: Mayor Matli Herrera Bower and Mem ers of the ~ission
Jimmy L. Morales, City Manager __ FROM:
DATE: September 11, 2013 FIRST READING
SUBJECT: AMEND CHAPTER 50 AND CHAPT R 102
1. AN ORDINANCE AMENDING CHAPTER 50 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "FIRE PREVENTION AND
PROTECTION," BY AMENDING SECTION 50~4 THEREOF, ENTITLED
"ENFORCEMENT BY FIRE INSPECTORS; NOTICE OF VIOLATION,"
TO ADD CITATIONS AND IMPLEMENT NEW FINE SCHEDULE
RELATED TO FIRE CODE VIOLATIONS; BY AMENDING SECTION 50-
5 THEREOF, ENTITLED "ANNUAL FIRE PREVENTION AND FIRE
SAFETY INSPECTION PERMIT" TO INCLUDE THE NIGHT
INSPECTION FEE PREVIOUSLY ADOPTED UNDER SECTION 102.379
OF THE CITY CODE; PROVIDING FOR A REPEALER,
SEVERABILITY, EFFECTIVE DATE, AND CODIFICATION.
2. AN ORDINANCE AMENDING CHAPTER 102 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "TAXATION," BY DELETING THE
NIGHTCLUB FEE SET FORTH IN SECTION 102.379, ENTITLED
"SCHEDULE OF TAXES, EFFECTIVE OCTOBER 1, 2009";
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the (2) ordinances on first reading and
scheduling a second reading public hearing.
KEY INTENDED OUTCOME SUPPORTED
Ensure Compliance with code within reasonable time frame.
Ensure safety and appearance of building structures and sites.
BACKGROUND
There are over 120 nightclubs and bar/lounges operating in the City of Miami Beach. In
addition, there are hundreds more assembly occupancies such as restaurants,
ballrooms, meeting rooms, performance halls, etc. The Florida Fire Prevention Code
(FFPC), The Life Safety Code (NFPA 101), and the Miami Beach Code have specific
requirements for the maximum number of occupants permitted in assembly occupancy
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as well as many other safety regulations. The requirements are mandated to prevent
fires and to ensure that occupants can evacuate safely in the event of an emergency.
The Fire Department continues to implement the Night Inspection Program since it
started in the early 1990's. The night inspectors conduct random inspections of all the
nightclubs and selected bar/lounges and restaurants. The main objective for the night
inspections is to monitor that the establishment is not exceeding the maximum occupant
load and exits are clear and accessible. The inspectors will issue a citation for these
violations. The current fines are $200.00 for the first offense and $500.00 for the second
and subsequent offenses. The current fines have not been increased since initial
adoption in 1997.
The Administration proposes to increase the current fines to encourage compllance and
promote safety among the City's entertainment industry. Ten years ago, the United
States experienced one of the worst nightclub fires in recent history when over 100
people were killed in a Rhode Island nightclub fire. More recently, over 200 people were
killed in a nightclub fire in Brazil.
The City of Miami Beach Fire Prevention Division enforces the Florida Fire Prevention
Code-2007 as adopted by the State of Florida. The Florida Fire Prevention Code
consists of NFPA 1 and NFPA 101, The Life Safety Code, and numerous other NFPA
codes and standards.
The nightclub owner is responsible for complying with all the requirements as stated in
the Florida Fire Prevention Code. Many of the deadly fires in recent history resulted due
to one or several violations to fire code requirements. Please see list of fires below.
United States:
Rhythm Dance Hall, Nathez, MS April 23, 1940
Cocoanut Nightclub, Boston, MA November 28, 1942
Beverly Hills Supper Club, KY May 28, 1977
Happy Land Social Club, Bronx, NY March 25, 1990
The Station Nightclub, Warwick, Rl February 20, 2003
Other countries:
Club Cinq, France
Alcaha 20 Disco, Spain
Weierkang Club, Taiwan
Ozone Disco Club, Phillipines
Disco Dance Hall, Sweden
Disco Dance Hall, China
Cromagnon Club, Argentina
Santika Pub, Thailand
Lame Horse Nightclub, Russia
Kiss Club, Santa Maria, Brazil
November 20, 1971
December 17, 1983
February 15, 1995
March 18, 1996
October 28, 1998
December 25, 2000
December 30, 2004
January 1 , 2009
December 4, 2009
January 28, 2013
207 dead
494 dead
165 dead
87 dead
100 dead
143 dead
81 dead
64 dead
160 dead
63 dead
309 dead
194 dead
66 dead
154 dead
239 dead
In addition, there were 21 deaths when patrons rushed to one exit after a fight broke out
inside the E2 nightclub in Chicago on February 17, 2003. The club was overcrowded
and had several code violations.
The nightclub owners and managers are responsible for fire safety in the establishment.
In the Station fire above, the band manager pled guilty to 100 counts of involuntary
manslaughter under a plea bargain with prosecutors facing up to 10 years in prison.
Superior Court Judge sentenced him to 15 years in prison, with four to serve and 11
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years suspended, plus three years probation, for his role in setting off the fire. The
nightclub owners changed their pleas from "not guilty" to "no contest". One of the
owners was sentenced to 15 years in prison, with four to serve and 11 years suspended,
plus three years probation. The second nightclub owner received a 10-year suspended
sentence, three years probation, and 500 hours of community service.
As of August 2008, nearly $175 million has been offered to the families of the victims of
the fire by various defendants in settlement. ·
An assembly occupancy is generally defined as an occupancy used for a gathering of 50
or more persons for deliberation, entertainment, eating, drinking, amusement or similar
uses. Assembly occupancies might include the following: auditoriums, theatres,
assembly halls, nightclubs, dance halls, drinking establishments, and exhibition halls
among others.
Fire in assembly occupancies have shown to be some of the most deadly when the
proper features, systems, and construction materials are not present. Nightclubs,
theaters and auditoriums differ from office buildings, for example, because they contain
a large number of people in one main space. NFPA code provisions mandate that a
considerable number of safety systems and features be present in order to keep
everyone safe should a fire occur. The level of safety is achieved through the
combination of multiple safeguards that are provided.
The NFPA 101, The Life Safety Code, is the primary source for the requirements for
nightclub and bar lounges. A committee of experts has developed many of these
requirements in response to investigations and analysis of actual incidents. The code
book is divided into two chapters, Chapter 13 addresses requirements for existing
assembly occupancies and Chapter 12 addresses requirements for new assembly
occupancies (new is defined as newly constructed or renovated as of January 1, 2009}.
If a nightclub is issued a certificate of occupancy as of January 1, 2009, and complied
with the new chapter, the owner cannot change or lessen the requirements down to the
requirements in Chapter 13.
Among all structure fires, nightclub fires in the US are proportionately few in number.
However, maximum or over-capacity crowds at popular nightclubs create the potential
for high numbers of casualties in the event of a fire or other incident.
A common safety violation at nightclubs is locked, blocked or impeded exits.
Management must make this a priority to ensure that the nightclub does not have this
problem by inspecting all exit components prior to and routinely during operation.
The most common causes of fire at nightclubs and bars are incendiary, electrical,
cooking, and smoking. Incendiary fires at nightclubs are nearly twice as frequent as
those in all structures. (Source-U.S. Fire Administration/Nightclub Fire in 2000)
The highest deaths and casualties are often caused by lack of sufficient exits. Even if a
sufficient number of exits are provided, human nature is that most patrons will attempt to
leave out of the same door in which they entered, rather than looking for other exits.
Therefore, the majority of the crowd may rush to the front entrance. Sometimes the
patrons become packed so tightly near the front door that the firefighters cannot enter.
In The Station nightclub, several people fell in a pile in the main doorway, trapping
everyone behind them inside.
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-----------------------------
ANALYSIS
The following inspection data demonstrates that the current fines are not serving as a
deterrent for some club owners. It will only take one fire in any nightclub to affect the
entire nightlife industry in the City.
Calendar ear #of inspections Overcrowding Tickets Blocked Exit Tickets ~-~~~~~-+-~---
~11_11_2_01~2~-_1_2~/3~1_/2~0_12-+----~1~,9~3~1----~------~9--------+-----~10~ ____ _,
~11~1/~2_0_11_-_1_2_/3_1_12_0_11-+----~2~,7~6~9 ____ ,_ ______ ~3~------+------=7=-____ _,
111/2010-12/31/2010 3,294 15 22
~--------------~-----
From the time period of 10/1/2009 to 3/11/2013 {-3 "!4 years)
42 establishments received a total of 82 tickets
19 of these establishments received more than one ticket
9 of these 19 establishments received more than two tickets
The result of a fire in any nightclub with overcrowding conditions or compromised exits
will be tragic. The loss of life will be devastating to all involved -residents, business
owners, and visitors. The economic impact will be substantial as our reputation would be
tarnished for years after any incident as experienced by other cities.
COMPARISON TO OTHER CITATIONS IN CMB
The City of Miami Beach already has fines for some quality of life issues that carry a
higher fine than the existing fire and life safety citations.
Noise violations fines (City Code, Section 46-159):
151 offense $250.00
2nd offense $1,000.00
3rd offense $2,000.00
41h offense $3,000.00
51h offense $5,000.00
Handbill violations fines (City Code, Section 46-92):
1st offense $100.00 plus $50.00 per handbill
2nd offense $500.00 plus $50.00 per handbill
It is imperative that the City Administration implements a fair and equal code
enforcement approach against violators of quality of life issues and life safety issues.
The fire code violations are more significant and can result in injuries and/or death.
PROPOSED NEW CITATIONS WITH FINES
The proposed changes to the current city code pertaining to assembly occupancies are
as follows:
Current Fine New Fine
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151 offense Severe Overcrowding $200.00 $2,500.00
2°0 offense Severe Overcrowding $500.00 $5,000.00
3ro offense & Severe Overcrowding $500.00 $7,500.00
subsequent
1st offense Locked Exits-Assembly $200.00 $1,000.00
2na offense Locked Exits-Assembly $500.00 $2,500.00
3rd offense & Locked Exits-Assembly $500.00 $5,000.00
subsequent
1s 1 offense Locked Exits-Others $200.00 $750.00
2°0 offense Locked Exits-Others $500.00 $1,000.00
3ra offense & Locked Exits-Others $500.00 $1,250.00
subsequent
151 offense Blocked/Impeded Exits $200.00 $500.00
2°0 offense Blocked/Impeded Exits $500.00 $750.00
3rd offense & Blocked/Impeded Exits $500.00 $1,000.00
subsequent
Minor Overcrowding and Severe Overcrowding definitions were established in 1997 after
an agreement between the Fire Marshal's Office and the nightlife industry. Severe
overcrowding is defined as a situation where the number of occupants inside the
nightclub, exceed the approved maximum limit by 30% or more. Mir')Or overcrowding is
defined as a situation when the number of occupants inside the nightclub exceeds the
approved maximum limit by less than 30%.
The proposed new citations for other common code violations are as follows:
Frequency Type Current Fine New Fine
1s offense & Fire Watch $0 $500.00
subsequent
1 51 offense & Fire Protection System $0 $250.00
subsequent
1s offense & Ufe Safety Building $0 $50.00
subsequent Maintenance
151 offense & Flammable Uquids $0 $100.00
subsequent
1"' offense & Fire Extinguishers $0 $25.00
subsequent
1 S{ offense & Work without a permit $0 $200.00
subsequent
1 51 offense & Fire Alarm Runner service $0 $75.00
subsequent
1 s offense & Cease and Desist Order $0 $5,000
subsequent
The fines above are comparable to the fines issued by Miami-Dade County Fire
Marshal's Office for similar fire code violations.
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--------------~-----------------....11
NEW PROVISION FOR REPEAT OFFENDERS
The Administration proposes to add a suspension period for repeat violators for
overcrowding conditions due to the significance of such violations. The current city code
mandates that all establishments must obtain an annual fire safety permit and a
certificate of use in order to operate a business in the City of Miami Beach.
Through the Special Master process, the Fire Marshal would petition the Special Master
to suspend the Certificate of Use and the Annual Fire Safety Permit as follows:
After two (2) severe overcrowding citations with a 12 month period, suspension
shall be fourteen (14) consecutive days.
After three (3) severe overcrowding citations with a 12 month period, suspension
shall be thirty (30) consecutive days.
After three (3) minor overcrowding citations within a 12 months period, the
suspension shall be for seven (7) consecutive days; After four (4) minor
overcrowding citations or combination of minor and severe citations, the
suspension shall be for fourteen (14) days; After five (5} minor overcrowding
citations, or combination of minor and severe citations, the suspension shall be
for thirty (30) days.
After four (4) severe overcrowding citations, or after six (6) minor overcrowding
citations, or combination of minor and severe citations, the Certificate of Use and
Annual Fire Safety Permit shall be revoked.
The above provisions will encourage true compliance for repeat violators. The dollar
amount of fines may be recovered during operating hours, but closure of the
establishment will have a greater impact that will achieve compliance.
PUBLIC COMMENTS
The Fire Department presented the proposed fines to the Nightlife Industry Task Force
(NITE) during a public noticed meeting on February 25, 2013. The members present
offered a slight modification to the fine schedule to increase the locked exit fines for
nightclubs and to separate the locked exit citations from impeded exit citations. The
industry input has been implemented in the ordinance. Overall, the members present
were in agreement that the higher fines must be implemented in order to protect the
industry against safety hazards that could result in death, injury, and/or property
damage.
FISCAL IMPACT
The City Code, Section 102, establishes a fee of $3.00 per person charged to the dance
hall entertainment establishments. The nightclub fee collected from 10/1/2011 to
9/30/2012 was a total of $60,916.29.
The current cost for nightclub inspections per year is roughly $110,000. The Fire
Administration would like to propose increasing this fee to $4.00 per person, which
would generate $81,221 using the same number of establishments in the last fiscal year.
The remaining cost can be recovered with the increased fines proposed.
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NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE
This proposed ordinance was discussed by the Neighborhood/Community Affairs
Committee on April 29, 2013. Following discussion and comments from the public, the
Committee unanimously moved the recommendation by the Fire Department.
CONCLUSION
The increase in fines for assembly (nightclubs and other venues) will encourage
compliance at all times, but particularly when inspectors are not on duty. The higher
fines will justify less frequent inspections and tbus less cost to the City. The new fines
for violators of common fire code requirements will achieve compliance at a faster pace
and change behavior without going through the lengthy Special Master process.
Therefore, the staff recommends approval of this ordinance.
JLM/JO/SFM
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ORDINANCE NO. ___ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 50
OF THE CITY OF MIAMI BEACH CODE, ENTITLED "FIRE
PREVENTION AND PROTECTION," BY AMENDING SECTION 50-4
THEREOF, ENTITLED "ENFORCEMENT BY FIRE INSPECTORS;
NOTICE OF VIOLATION," TO ADD CITATIONS AND IMPLEMENT
NEW FINE SCHEDULE RELATED TO FIRE CODE VIOLATIONS;
BY AMENDING SECTION 50-5 THEREOF, ENTITLED "ANNUAL
FIRE PREVENTION AND FIRE SAFETY INSPECTION PERMIT" TO
INCLUDE THE NIGHT INSPECTION FEE PREVIOUSLY ADOPTED
UNDER SECTION 102.379 OF THE CITY CODE; PROVIDING FOR
REPEALER, SEVERABILITY, EFFECTIVE DATE, AND
CODIFICATION.
WHEREAS, the current fine schedule for fire violations have not been modified since
the inception of the fines in 1997; and
WHEREAS, the current fines for overcrowding conditions and locked exits are very
low and have not proven to be a deterrent or to warrant corrective action from business owners; the
Fire Marshal's office has issued ten ( 1 0) locked exit tickets and nine (9) overcrowding tickets during
night inspections within the calendar year 2012, which indicates that the current fines have not been
a deterrent for violators; and
WHEREAS, horrific fires in nightclubs in the United States (Rhode Island 2003) and
other countries (Brazil2013), where several hundred people have died, are an indication that more
stringent enforcement is warranted to prevent a similar occurrence in the City of Miami Beach; and
WHEREAS, other infractions of quality of life issues in the City carry a higher fine
than the fire code violations of overcrowding and locked exits which can result in severe injury or
death; and
WHEREAS, the cost of performing night inspections can be offset partially by the
higher fines listed in this ordinance and increasing the night inspection fee; and ·
WHEREAS, the Administration recommends that the City Commission adopt the
following ordinance amending the City's Fire Prevention Code.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 50 "Fire Prevention and Protection", Section 50-4 "Enforcement by fire
inspectors; notice of violation" is hereby amended as follows:
Sec. 50-4. • Enforcement by fire inspectors; notice of violation.
(a) Notice ofvioJat.foR. If, upon inspection, a fire inspector finds either an overcrowded condition in
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exoess of permissible oooupant load oriteria as defined in the Florida Fire Prevention Code and
National Fire Protection Association, entitled Life Safety Code 1 Q1, as amended from time to time,
or a looked, bloeked or impeded exit, a violation of this section shall exist. Upon tho finding of such
violation, the fire inspooter shall:
(1) Inform tho violator that the eonditions causrng the violation must immediately cease;
(2) Inform the violator that additional penalties will be imposed if the violation continues; and
(J) Issue a notice of violation to the 'riolator as provided for in the Florida Fire Prevention
Go9e-:
The notice of '•'iolation shall also state, but not be limited to: the name of the violator, the date and
time of the violation, address of the violation, amount of fino for 'Nhich the violator may be liable,
instructions and due date for paying the fine, notioe that the violation may be appeal eel sy requesting
an administrative hearing 'lt'ithin ten days after the date printed on the notice of violation issued by
the fire inspeotor, that failure to timely appeal shall constitute an admission of the violation and
!.Naiver of the right to a hearing, that unpaiel fines may result in the imposition of larger fines a net may
result in revoeation of both the ocoupationallioonse and oertifioate of use anel/or the imposition of
injunotive prooeedings as provieled by law.
(b) Ci•j:j.f fiRes fer viela#oRs; a(JI3ea.<s. The following eivil fines shall be imposed for violation of this
seotion:
(1) First offense: $2QQ.QQ.
(2) Seoond offense and eaoh offense thereafter within 12 months of the most resent offense:
$5QQ.QQ.
(a) Notice of Violation. If, upon inspection, a fire inspector finds that a fire code violation exists
based on the Florida Fire Prevention Code, Miami-Dade County Fire Code, or the City of Miami
Beach Code, as may be amended from time to time. the fire inspector shall document the list of
violations using a Fire Department form. The Notice of Violation shall indicate the name of violator.
address of establishment inspected. the date of the inspection, and the name of the inspector. The
Notice of Violation shall describe the code requirement, which is not in compliance, and indicate
timeframe within which to correct said violation(s).
(1) The violator can appeal the interpretation of the code requirement to the inspector's
supervisor and finally to the Fire Marshal of the City of Miami Beach after providing
evidence that the condition present does not constitute a code violation. If the Fire
Marshal affirms that the code violation does exist, then the violator can appeal a decision
of the Fire Marshal to the Miami-Dade County Fire Safety and Prevention Board of
Appeal as provided for in the Florida Fire Prevention Code, and as provided for in
Chapter 14. Miami-Dade County Code.
(2} If the violator does not correct the violation within the indicated time frame, the fire
inspector. or designee of the Fire Marshal. shall follow enforcement proceedings through
the Special Master process as provided in Chapter 30 of the City of Miami Beach Code.
(b) Citation. In lieu of a Notice of Violation, or in addition to a Notice of Violation, the fire inspector
can issue a citation for the following offenses listed below. The citation shall state the name of the
violator, the date and time of the violation. address of the violation. amount of fine for which the
violator is liable. instructions, due date for paying the fine. and the appeal process.
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(1} Locked Exits. If, upon inspection. a fire inspector finds a locked exit as defined in the
Florida Fire Prevention Code as a door requiring a key or special knowledge to open,
then the fire inspector shall issue a citation with the penalties stated in Section 50-4(k).
(2) Blocked or Impeded Exits. If, upon inspection, a fire inspector finds the means of egress
blocked or impeded as defined in the Florida Fire Prevention Code, then the fire inspector
shall issue a citation with the penalties stated in Section 50-4{k).
(3) Overcrowding. If. upon inspection, a fire inspector finds an overcrowding condition in
excess of the maximum number of occupants as approved by the Fire Marshal, then the
inspector shall issue a citation as follows: a minor overcrowding citation when the number
of occupants exceed the approved limit by less than 30%; a severe overcrowding citation
when the number of occupants exceed the approved limit by 30% or more. The citation
issued will carry the penalties stated in Section 50-4(k).
( 4) Fire Watch. If, upon inspection. a fire inspector finds that the owner or management of a
property in the City has not complied with the requirements of an established fire watch
mandated by the Fire Marshal's Office, then the inspector shall issue a citation with the
penalties stated in Section 50-4{k).
(5) Fire Protection Svstem(s). If. upon inspection, a fire inspector finds that the automatic or
manual fire protection system(s). fire detection system{s). and/or fire alarm system(s)
have not been certified by a licensed contractor as required by the Florida Fire Prevention
Code, then the fire inspector shall issue a citation with the penalties stated in Section 50-
4(k).
(6) Life Safety Building Maintenance. If. upon inspection. a fire inspector finds that
maintenance of life safety building features have not been properly performed. then the
fire inspector shall issue a citation with the penalties stated in Section 50-4(k).
(7) Flammable liquids/gas. If, upon inspection, a fire inspector finds improper use and
storage of flammable liquids and/or flammable gases. then the fire inspector shall issue a
citation with the penalties stated in Section 50-4(k).
(8) Fire Extinguishers. If, upon inspection. a fire inspector finds that the fire extinguishers are
not properly certified. or fire extinguishers are not provided. then the fire inspector shall
issue a citation with the penalties stated in Section 50-4(k).
(9) Work Without a Permit. If upon inspection. a fire inspector finds that construction work is
being performed or work has been performed on a fire protection/life safety system
without the proper permits. then the fire inspector shall issue a citation with the penalties
stated in Section 50-4(k).
( 1 0) Fire Alarm Runner Service Agreement. If upon inspection. a fire inspector finds that the
owner or management fails to obtain and maintain the required fire alarm runner service
agreement, then the fire inspector shall issue a citation with the penalties stated in
Section 50-4(k).
( 11) Other Violations. Any other violation of the Florida Fire Prevention Code may result in a
citation with the penalties stated in Section 50-4(k).
(c) "Offense" defined. For purposes of this section, "offense" shall mean a notice of violation, or
Citation which has not been appealed tirnely or a finding of violation by a speaial rnaster. A person
may receive a separate notice of violation, or citation, once every hour if a violation has occurred at
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any time within that period. Each notice of violation, or citation, shall constitute a separate offense
for which a separate fine may be imposed.
(d) Options upon notif.ioation issuance of a citation. A violator who has been served •11ith a notice of
violation issued a citation shall elect either to:
(1) Pay the civil fine in the manner indicated on the notiee of violation citation; or
(2} Request an administrative hearing before a special master to appeal the decision of the
fire inspector which resulted in the issuance of the notiee of violation citation.
(e) 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 notiee of
violation citation shall be as set forth in sections 102 384 and 102 385, as such subsections Chapter
30, as may be amended from time to time./\ eol:lrtesy mail notice shall be provided the complainant
of any hearing regarding the notice of violation, and the eomplainant may testify at sueh hearings.
Failure to give such notice shall not be a cause for continuance or cancellation of any scheduled
hearing of the mat:ter. The appeal hearing must be heard no later than 120 days from the date the
appeal was filed. The Special Master shall not have discretion to alter the prescribed penalties
under Section 50-4(k) ( 1)-(3). Appeal of the Fire Marshal's code interpretation shall be filed with
the Miami Dade County Fire Safety and Prevention Board of Appeals.
(f) Failure to appeal. Failure of the named violator to appeal the decision of the fire inspector
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 violation, and penalties may be assessed accordingly
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 section.
(g) Appeal of special master's decision. Any party aggrieved by the decision of a special master
may appeal that decision to a court of oompetent jurisdiction as provided in F.S. § 162.11. as
provided by applicable Florida Statutes and Florida Rules of Appellate Procedure.
{h) 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.
(i) Cease and Desist Orders. The Fire Marshal of the City of Miami Beach has the authority to
issue cease and desist orders as provided by Florida Statute 633.161 and the Florida Fire
Prevention Code to mitigate any fire hazard or any violation posing an imminent danger to
occupants. If the violator fails to comply with the Cease and Desist Order, then the violator shall
receive a citation of $5,000.00 for each offense. Any person who fails to comply with the Cease and
Desist Order is guilty of a misdemeanor punishable as provided in Florida Statute 633.171.
(i) Re~'Ocation orSI:f8fJDnsfon oflioonso. As an alternative or additional means of enforcement, the
oity may institute proceedings to revoke or suspend an occupational license andtor certificate of l:lse
pursuant to chapter 102, article V. For pl:lrposes of enforcement under ohapter 102, artiole V, any
offenses as defined in subseotion (c) of this seotion shall be deemed an "emergenoy oondition"
17
involving serious danger to the publio health, safety or welfare. Additionally, the city may seek
injunctive relief as set forth in section 46 158. Furthermore, in cases of reeurring violations, the oode
eompliance officer may issue a citation for prosecution before the speoial master as provided in
ehaptor JO
(i) Suspension or Revocation of Certificate of Use and Annual Fire Safety Permit. As an
alternative or additional means of enforcement. the City may institute proceedings to suspend or
revoke the Certificate of Use and Annual Fire Safety Permit pursuant to Chapter 102, Article V. The
suspension of the Certificate of Use and Annual Fire Safety Permit constitutes the closure of the
establishment and no occupancy for the period determined. Additionally, the City may seek
injunctive relief as set forth in Section 46-158. Furthermore. in cases of recurring violations. the fire
inspector may issue a notice of violation for prosecution before the Special Master as provided in
Chapter 30. For citations involving serious danger to the public health, safety or welfare as stated in
in this section, the suspension of the Certificate of Use and Annual Fire Safety Permit shall be as
stated in Section 50-4(k)(3).
(k) Penalties and Fines. The following civil fines and penalties shall be imposed for citations
issued under this section.
{ 1) Locked Exits.
a. Assembly occupancies: first offense within a 12 month period. fine shall be
$1 ,000.00; second offense within a 12 month period, fine shall be $2,500.00: third
and subsequent offenses within a 12 month period, fine shall be $5,000.00.
b. For other occupancies. the fines shall be as follows: first offense within a 12 month
period, fine shall be $750.00; second offense within a 12 month period, fine shall be
$1,000.00: third and subsequent offenses within a 12 month period, fine shall be
$1 .250.00.
(2) Blocked. or Impeded Exits. First offense within a 12 month period. fine shall be $500.00;
second offense within a 12 month period. fine shall be $750.00; third offense and
subsequent offenses within a 12 month period, fine shall be $1 ,000.00.
(3) Overcrowding.
a. Minor overcrowding citation: first offense within a 12 month period, fine shall be
$1 .000.00; second offense within a 12 month period, fine shall be $2.000.00; third
offense and subsequent offenses within a 12 month period. fine shall be $3,000.00;
b. Severe overcrowding citation: first offense within a 12 month period. fine shall be
$2,500.00; second offense within a 12 month period, fine shall be $5.000.00; third
and subsequent offenses within a 12 month period. fine shall be $7,500.00.
c. After two (2) severe overcrowding citations within a 12 month period. the
suspension of the Certificate of Use and Annual Fire Safety Permit shall be for
fourteen {14) consecutive days; After three (3) severe overcrowding citations within
a 12 month period, the suspension of the Certificate of Use and Annual Fire Safety
Permit shall be for thirty (30) days:
d. After three (3) minor overcrowding citations within a 12 month period. the suspension
of the Certificate of Use and Annual Fire Safety Permit shall be for seven (7)
consecutive days; After four (4) minor overcrowding citations or combination of
18
minor and severe citations, the suspension of the Certificate of Use and Annual Fire
Safety Permit shall be for fourteen (14) days; After five (5) minor overcrowding
citations. or combination of minor and severe citations. the suspension of the
Certificate of Use and Annual Fire Safety Permit shall be for thirty (30) days.
e. After four { 4) severe overcrowding citations. or after six (6) minor overcrowding
citations. or combination of minor and severe citations, within a 12 month period. the
Certificate of Use and Annual Fire Safety Permit shall be revoked.
(4) Fire Watch. Fine shall be $500.00 for each offense.
(5) Fire Protection System(s). Fine shall be $250.00 for each system for each offense.
(6} Life Safety Building Maintenance. Fine shall be $50.00 for each offense.
(7) Flammable liquids/gas. Fine shall be $100.00 for each offense.
(8) Fire Extinguishers. Fine shall be $25.00 for each offense.
(9) Work Without a Permit. Fine shall be $200.00 for each offense.
(1 0) Fire Alarm Runner Setvice Agreement. Fine shall be $75.00 for each offense.
(11) Other Violations. Fine shall be $100.00 for each offense.
SECTION 2. That Chapter 50 "Fire Prevention and Protection", Section 50-5 "Annual fire
prevention and fire safety inspection permit" is hereby amended as follows:
Sec. 50-5. -Annual Fire Prevention and Fire Safety Inspection Permit
* * *
(d) Fees. The fees for the issuance of the fire safety permit and the annual renewal thereof, as
may be required, are herein fixed as follows. Occupancies are classified in accordance with shapter
4-e.f the National Fire Protection Association ( NFPA) 101 Life Safety Code, as may be amended and
adopted by the city.
l\s provided in Res. No. , a A review of the annual fee will be required whenever the
change in the Consumer Price Index (CPI), between the latest CPI and the date of the CPI used for
the last fee adjustment, is five percent or greater.
( 1) Assembly occupancies. Those occupancies that include, but are not limited to, all
buildings or portions of bulldings used for gathering together 50 or more persons for such
purposes as deliberation, worship, entertainment, eating, drinking, amusement or awaiting
transportation. Assembly occupancies designated as dance hall/entertainment with or without
alcohol and having an occupant load of 200 or more. a night inspection fee shall be charged of
$4.00 per person based on the approved maximum number of occupants designated by the
Fire Marshal.
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SECTION 3. 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 relettered 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 ____ day of ________ , 2013.
PASSED and ADOPTED this __ day of _______ , 2013.
ATTEST:
Rafael Granado
CITY CLERK
Underline denotes additions
~trikethrough denotes deletions
T:\AGENDA\2013\September 11\Fire Prevention Fines-2013 ordinance.doc
20
Matti Herrera Bower
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
ORDINANCE NO. ___ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "TAXATION," BY DELETING THE
NIGHTCLUB FEE SET FORTH IN SECTION 102.379, ENTITLED "SCHEDULE
OF TAXES, EFFECTIVE OCTOBER 1, 2009"; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the current fines for fire violations have not been modified
since the inception of the fines in 1997; and
WHEREAS, the current fines for overcrowding conditions and locked
exits are very low and have not proven to be a deterrent or to warrant corrective action
from the business owners; the Fire Marshal's office has issued ten (1 0) locked exit
tickets and nine (9) overcrowding tickets during night inspections within the calendar
year 2012, which indicates that the current fines have not been a deterrent for violators;
and
WHEREAS, the horrific fires in nightclubs in the United States (Rhode
Island 2003) and other countries (Brazil 2013), where several hundred people died, are
an indication that more stringent enforcement is warranted to prevent a similar
occurrence in the City of Miami Beach; and
WHEREAS, other infractions of quality of life issues in the City carry a
higher fine than the fire code violations of overcrowding and locked exits which can
result in severe injury or death; and
WHEREAS, the cost of performing night inspections can be offset
partially by the higher fines and increasing the night inspection fee; and
WHEREAS, the nightclub inspection fee adopted under Section 102.379
of the City Code will be included in Chapter 50, "Fire Prevention and Protection", of the
Code of the City of Miami Beach, and thus should be deleted from Section 102.379.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 102.379 of Chapter 102, entitled "Taxation," is hereby
amended as follows:
Sec. 102-379. Schedule of taxes, effective October 1, 2009.
(a) Business taxes for the following businesses, occupations or professions are
hereby levied and imposed as follows:
21
Occupation Business Tax Category Amount
Code
A
95000200 Accountant, auditor; requires state license 221.00
* * *
D
Dance hall/entertainment establishment; (for entertainment
establishments without dancing, see entertainment establishments);
95005800 1. Dance hall/entertainment establishment without alcohol (see Sec. 1,088.00
142-1362 (b) for after hours dance halls)
95005805 2. Dance hall/entertainment establishment with alcohol 191.00
QJQQa~~a AEIEiitieRally, fer: eeeld~aAey leaEis ef ~QQ er: FAer:e, Ri~t:ltellde fee ~
ef $3.QQ J3eF J39F69R 9661dJ38Rt leael, B869el I:IJ39R FA8:X. 9661:1J38Rt
ln""rl frnf'Y'I ho oilrlinn /fir.a rlon""'
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict therewith be and the same are hereby
repealed.
SECTION 3. 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 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 that the word "ordinance"
may be changed to "section", "article", or other appropriate word.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect on the ____ day of ______ , 2013.
PASSED and ADOPTED this _____ day of _______ ,, 2013.
ATTEST:
Matti Herrera Bower
MAYOR
Rafael Granado
CITY CLERK
Underline denotes additions; atrikethre~o~gh denotes deletions
T:\AGENDA\2013\September 11\Fire Nightclub Fee Deletion CH 102 ordinance.doc
APPROVED AS TO
FORM & LANGUAGE
& FOI-l EXECUTION
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