R5E-Amend Ch 50 Correct Error Entity To Issue False Alarm Citations -Malakoff-COMMISSION ITEM SUMMARY
First Reoding
Gondensed Title:
AMENDING CHAPTER 50 OF THE MIAMI BEACH CITY CODE,
PROTECTION," SECTTON 50-8(h) ENTTTLED "F|RE ALARMS, REGULATTONS, PENALTTES, ENFORCEMENT" TO
CORRECT A SCRIVENER'S ERROR REPLACING ''FIRE INSPECTOR" WITH "FIRE DEPARTMENT" AS THE ENTIW
ALLOWED TO ISSUE FALSE ALARM CITATIONS
lntended Outcome supported:
lmprove Building/Development related processes from single family residences to the large
development projects.
Supporting Data (Surveys,
N/A
Environmental Scan, etc.):
Item Summary/Recommendation :
On September 30, 2013, the City Commission approved Ordinance 2013-3815, on second reading
setting fines for Fiscal Year 2013114 and created chapter 50 of the Code of Miami Beach, relating to
Fire Protection and Enforcement of the City's false fire alarm code.
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. On many occasions, 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
actualfire 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. Before the creation of
section 50-8 (h), the code did not include provisions for enforcing false fire alarms with a citation and
fines. However, it was recently noted that the Ordinance contained a scrivener's error in Chapter 50,
section 50-8 (h) of the code.
The scrivener's error must be corrected in the City of Miami Beach code by amending the Ordinance.
Section 50-8, relating to enforcement of the false fire alarm code provisions indicated, in a scrivener's
error, that the Fire lnspector would enforce the code, and should have indicated that the Fire
Department would enforce the code and issue citations for violations.
Clerk's Office
DA ITET Rsr
Financial ! nformation:
Source of
Funds:
Amount Account
1
2
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OBPI Total
Financial lmpact Summary: N/A
MIAMIBEACH AG
DATE ?-30-lY126
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City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
F!RST READING
To: Mayor Philip Levine and
FRoM: Jimmy L. Morales, City Manager
DATE: September 30, 2015
SUBJECT: AN ORDINANCE OF THE YOR AND CITY GOMMISSION OF THE
CITY OF MIAMI BEACH,AMENDING CHAPTER 50 OF THE
MIAMI BEACH CITY CODE, ENTITLED ''FIRE PREVENTION ANDpRorEcfloN," sEcTtoN 50-8(h) ENTITLED "F!RE ALARMS,
REGULATIONS, PENALTIES, ENFORCEMENT" TO CORRECT A
SCRIVENER'S ERROR REPLACING ..FIRE INSPECTOR'' WITH "FIRE
DEPARTMENT" AS THE ENTITY ALLOWED TO ISSUE FALSE ALARM
CITATIONS; PROVIDING FOR REPEALER; CODIFICATION;
SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMEN DATION
The Administration recommends that the City Commission approve to correct a
scrivener's error in the ordinance.
KEY INTENDED OUTCOME SUPPORTED
lmprove Building/Development related processes from single family residences to the large
development projects.
BACKGROUND
On September 30, 2013, the City Commission approved Ordinance 2013-3815, on second
reading setting fines for Fiscal Year 2013114 and created section 50-8 of the Code of Miami
Beach, relating to Fire Protection and Enforcement of the City's false fire alarm code.
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. On many occasions, 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.
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With the increasing amount of false fire alarms and striving to maintain the safety and
complacency of our residents and visitors, the department found a need for the fire alarms to be
updated and enforced with fines. This gave the department the resources to effectively
manage, track and enforce buildings that habitually have issues with false alarms.
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. Before the
creation of section 50-8 (h), the code did not include provisions for enforcing false fire alarms
with a citation and fines. However, it was recently noted that the Ordinance contained a
scrivener's error in Chapter 50, section 50-8 (h) of the code.
By way of this memorandum, the Administration requests that the scrivener's error be corrected
in the City of Miami Beach code by amending the Ordinance. Section 50-8, relating to
enforcement of the false fire alarm code provisions indicated, in a scrivener's error, that the Fire
lnspector would enforce the code, and should have indicated that the Fire Department would
enforce the code and issue citations for violations.
CONCLUSION
The Administration recommends the approval of the ordinance correcting the scrivener's error in
section 50-8 (h) of the City of Miami Beach Code.
T:\AGENDA\201S\September\Commission Memo Fire Alarm Fees Scriveners Error
.doc
128
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 50
OF THE MIAMI BEACH CITY CODE, ENTITLED ''FIRE
PREVENTTON AND PROTECTION," SECTION 50-8(h) ENTITLED,.FIRE ALARMS, REGULATIONS, PENALTIES, ENFORCEMENT"
TO CORRECT A SGRIVENER'S ERROR REPLACING "FIRE
INSPECTOR" WITH "FIRE DEPARTMENT" AS THE ENTITY
ALLOWED TO ISSUE FALSE ALARM CITATIONS; PROVIDING
FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission declares that it is in the public health, safety
and welfare, and the interest of the citizens of Miami Beach, to establish policies,
regulations and standards relating to false fire alarms; and
WHEREAS,'in 2013, the City Commission created Chapter 50, relating to Fire
Protection and enforcement of the City's false fire alarm code; and; and
WHEREAS, Section 50-8 relating to enforcement of the false fire alarm code
provisions indicated, in a scrivener's error, that the Fire lnspector would enforce the
code, and should have indicated that the Fire Department would enforce the code and
issue citations for violations; and
WHEREAS, the City Commission desires to Amend Chapter 50, at Section 50-8
to correct the above referenced scrivener's error, and the below amendment
accomplishes the above objective.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND GITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Chapter 50, at Section 50-8, entitled "Fire alarms, regulations,
penalties, enforcement," of the Miami Beach City Code is hereby amended as follows:
Chapter 50 - FIRE PREVENTION AND PROTECTION
Sec. 50-8. - Fire alarms. requlations. penalties. enforcement.
(g) Enforcement. Thetir" inrp".l", rire oepa,iment shall issue a citation for each false
alarm. A violator who has been issued a citation under this section shall elect either to:
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(1)
(2)
Pay the civilfine in the manner indicated on the citation: or
Request an administrative hearing before a special master to appeal the
decision of the +ireinspeeter fire department which resulted in the issuance
of the citation.
SECTION 2. 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 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shalltake effect ten days following adoption.
PASSED AND ADOPTED this day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
First Reading:
Second Reading:
Underline = new language
S+i*e+n+eugh = deleted language
[Sponsored by Commissioner Joy Malakoff]
& FOR EXECUTION
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APPROVED A.S TO
FORM & I.ANGUAGE
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