HomeMy WebLinkAboutOrdinance 2026-4796ORDINANCE NO. 2026-4796
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "BUILDING REGULATIONS," BY
AMENDING ARTICLE II, ENTITLED "CONSTRUCTION STANDARDS," BY
AMENDING DIVISION 2, ENTITLED "PERMIT FEES," BY AMENDING
SECTION 14-65 THEREOF, ENTITLED "MECHANICAL PERMITS" TO LIMIT
THE NUMBER OF TEMPORARY TENANT USE PERMIT RENEWALS
ALLOWED FOR ELEVATORS; AND FURTHER AMENDING APPENDIX "A" TO
THE CITY CODE, ENTITLED "FEE SCHEDULE," TO REVISE AND INCREASE
FEES CHARGED FOR THE TEMPORARY TENANT USE PERMIT RENEWALS
FOR ELEVATORS; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, under Chapter 399, Florida Statutes (the "Elevator Safety Act"), including
Section 399.13, the Elevator Safety Division of the City's Public Works Department has been
delegated the jurisdictional authority over elevators, escalators, moving walks, wheelchair lifts
and related equipment in the City of Miami Beach (the "City"); and
WHEREAS, the Elevator Safety Division is responsible for enforcing the Elevator Safety
Act; the Florida Elevator Safety Code, Chapter 61 C-5 of the Florida Administrative Code; Chapter
30 of the Florida Building Code; the American Society of Mechanical Engineers (ASME) Safety
Code for Elevators and Escalators; the State Fire Marshal's Uniform Fire Safety Standards (NFPA
72); portions of the National Electrical Code (NEC 70); and the Americans with Disabilities Act;
and
WHEREAS, the City has issued temporary tenant use permit renewals to provide relief
to elevator owners and operators undertaking final permit inspections and permit activities for
elevator units; and
WHEREAS, the City currently allows for an indefinite number of temporary tenant use
permit renewals for elevators issued for 30-day intervals; and
WHEREAS, the City seeks to incentivize property owners and elevator companies to limit
their use of temporary tenant use permits and work together in ensuring safe and functional
elevators, consistent with the Florida Building Code and related statutes and regulations; and
WHEREAS, the Administration recommends fixing the fee for a first temporary tenant use
permit renewal at $162 and increasing the fee to obtain a second or subsequent temporary tenant
use permit renewal for an elevator to $2,090; and
WHEREAS, the Administration also recommends limiting the number of renewals to three
(3), after the initial temporary tenant use permit is issued; and
WHEREAS, mechanical permit fees, including those applicable to temporary tenant use
renewals of elevators, are set forth in appendix A of the City Code; and
WHEREAS, appendix A provides for an initial temporary tenant use permit fee of $2,090;
and
WHEREAS, this Ordinance updates appendix A to specify that the fee for the first
temporary tenant use renewal of elevators is set at $162, while the fee for any subsequent
renewals will be increased to $2,090.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 14 of the City Code is hereby amended as follows:
CHAPTER 14
BUILDING REGULATIONS
ARTICLE II. CONSTRUCTION STANDARDS
DIVISION 2. PERMIT FEES
Sec. 14-65. Mechanical permits.
(a) Definitions.
(1) "Department" means the Public Works Department of the City of Miami Beach,
Flnricla
(2) "Division" means the Elevator Safety Division of the Public Works Department.
(3) "Elevator" shall have the meaning set forth in Section 399.01, Florida Statutes.
(4) "Owner" means the owner of a unit or any representative, agent, or attorney of
such an owner.
(5) "Temporary tenant use permit" means a permit issued by the Division to allow the
temporary use of a noncompliant unit following the successful passage of a
temporary operation inspection.
(6) "Temporary tenant use permit renewal" means a temporary extension of a
temporary tenant use permit as set forth herein.
(7) "Unit" means any elevator.
Fee schedule. Mechanical permit fees a -re authorized under this section shall be levied as
specified in appendix A.
c) Authority. Pursuant to Chapter 399 of the Florida Statutes, the "Elevator Safetv Act,"
including Section 399.13, the Division has been delegated the jurisdictional authority over
elevators, escalators, moving walks, wheelchair lifts and related equipment in the City of
Miami Beach. Pursuant to this delegated authority, the Division is responsible for
permitting the installation of new, and the alteration of any existing, vertical conveyances,
including all inspections and tests, to certify that the work meets the applicable
requirements as may be amended from time to time, of the Elevator Safety Act; the
Florida Elevator Safety Code, set forth in Chapter 61 C-5 of the Florida Administrative
Code; Chapter 30 of the Florida Building Code; the American Society of Mechanical
Engineers (ASME) Safety Code for Elevators and Escalators; the State Fire Marshal's
Uniform Fire Safety Standards (NFPA 72); the National Electrical Code (NEC 70); the
Americans with Disabilities Act; and any other applicable code.
(d) Temporary tenant use permits. An owner may submit an application to request an
inspection from the Division for a temporary tenant use permit, which may be issued within
the discretion of the chief elevator inspector and will remain effective for a period not to
exceed 30 days from the date of issuance.
(e) Temporary tenant use permit renewals. After the issuance of a temporary tenant use
permit the owner may only obtain up to three (3) renewals of the temporary tenant use
permit, provided that each renewal may not exceed 30 days. Upon expiration of the third
renewal the unit shall be removed from service until or unless:
1) final aooroval is aranted for the unit and all outstandina, applicable certification
requirements and permit conditions have been satisfied; or
(2) the Division, based on a written determination of the chief elevator inspector, has
granted a variance pursuant to section 14-65(f) upon a finding that the criteria in
subsection (f) of this section are satisfied.
(f) Variances. The chief elevator inspector, acting on behalf of the Division, may grant a
variance to permit an additional temporary use permit renewal beyond the three renewals
provided in section 14-65(e). The approval of a variance may be subject to any conditions
deemed reasonably necessary by the chief elevator inspector to ensure public safety and
compliance with applicable statutes and regulations until final approval is granted by the
Division. The chief elevator inspector must issue a written determination accompanying
the grant of a variance finding_
(1) the existence of an undue hardship that is not self-created by the owner; or
(2) the presence of specific conditions at the site that, in the opinion of the chief
elevator inspector, warrant the continued operation of the unit prior to a grant of
final approval and resolution of any outstanding permit(s) by the Division.
SECTION 2. Appendix A, entitled "Fee Schedule," is hereby amended as set forth in Exhibit "A"
to this Ordinance.
SECTION 3_ REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 4. CODIFICATION.
It is the intention of the City Commission, 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 as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect on
PASSED and ADOPTED this S
ATTEST:
rebri,,ury IS, 2ox(o .
day of Feb kG r 2026 .
Steven Meiner, Mayor
FEB A 1t1'l;Ri
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Laura Dominguez)
Co -Sponsored by Commissioner Alex J. Fernandez
Co -Sponsored by Commissioner Joseph Magazine
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attomey Date
EXHIBIT "A"
APPENDIX A - FEE SCHEDULE
Pursuant to section 1-15 of this Code, this appendix includes all fees and charges established by
the City Commission that are referred to in the indicated sections of the Code of Ordinances.
Certain specified fees and charges, as identified herein, shall be subject to annual adjustment by
the city manager, pursuant to the provisions of section 1-15 and this Appendix "A". A schedule of
all current city fees and charges as set forth in Appendix "A" shall be maintained on the city's
website.
Chapter 14. Building Regulations Part I
Article ll. Construction Standards
Division 2. Permit Fees
14-65
Mechanical Permit Fees
Temporary tenant use permit (must be renewed every 30
days)
2,090.00
[A]
Temporary use ep rmit renewal, first renewal
162
[A]
Second and third temporary use permit renewal, with a
2,090.00
each
[Al
maximum of three renewals
Ordinances - R5 G
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: February 5. 2026 9 40 a m Second Reading Public Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "BUILDING REGULATIONS," BY AMENDING
ARTICLE I, ENTITLED "IN GENERAL." BY AMENDING DIVISION 2, ENTITLED
PERti11T FEES,' BY AMENDING SECTION 14-65 THEREOF, ENTITLED
"MECHANICAL PERMITS," TO LIMIT THE NUMBER OF TEMPORARY TENANT
USE PERMIT RENEWALS ALLOWED FOR ELEVATORS, AND FURTHER
AMENDING APPENDIX "A" TO THE CITY CODE, ENTITLED "FEE SCHEDULE,"
TO REVISE AND INCREASE FEES CHARGED FOR THE TEMPORARY TENANT
USE PERMIT RENEWALS FOR ELEVATORS, AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE
RECOMMENDATION
The Administration recommends amending the City Code to incorporate an increase in the fee
structure for temporary use renewals for elevators. Under the new amendment, after the first
renewal, which will remain at $162, any subsequent temporary use renewals are proposed to
increase to $2,090, matching the temporary use permit fee. The Administration also recommends
limiting the number of renewals to three (3) after the initial temporary use permit is issued, as a
way to encourage property owners and elevator companies to work together to ensure safe and
functional elevators.
BACKGROUND/HISTORY
On June 25, 2025 at the request of Commissioner Laura Dominguez. the Mayor and City
Commission (City Commission) approved a referral to the Finance and Economic Resiliency
Committee (FERC), Item C4 I (Attachment A), to discuss the proposed amendment to the City
Code, increasing the fees charged for the temporary use permit renewals.
Under Chapter 399. Florida Statutes (the Elevator Safety Act"), including Section 399.13, the
Elevator Safety Division of the City's Public Works Department has been delegated the
jurisdictional authority over elevators, escalators, moving walks, wheelchair lifts, and related
equipment in the City of Miami Beach (the "City").
The Elevator Safety Division is responsible for enforcing the Elevator Safety Act; the Florida
Elevator Safety Code, Chapter 61C-5 of the Florida Administrative Code: Chapter 30 of the
Florida Building Code, the American Society of Mechanical Engineers (ASME) Safety Code for
Elevators and Escalators; the State Fire Marshal's Uniform Fire Safety Standards (NFPA 72):
portions of the National Electrical Code (NEC 70), and the Americans with Disabilities Act
926 of 2180
The City has issued temporary tenant use permit renewals to provide relief to elevator owners
and operators undertaking final permit inspections and permit activities for elevator units The
City currently allows for an indefinite number of temporary tenant use permit renewals for
elevators These renewals are issued for 30-day intervals.
The City seeks to incentivize property owners and elevator companies to limit their use of
temporary tenant use permits and work together in ensuring safe and functional elevators.
consistent with the Florida Building Code and related statutes and regulations.
The Administration recommends fixing the fee for a first temporary tenant use permit renewal at
$162 and increasing the fee to obtain a second or subsequent temporary tenant use permit
renewal for an elevator to $2,090. The Administration also recommends limiting the number of
renewals to three (3) after the initial temporary tenant use permit is issued.
The proposed elevator temporary use renewal fee increase was presented at the September 26,
2025 FERC meeting FERC members agreed on the fee increase and limiting the number of
renewals to three (3), making a motion to move the item to the full City Commission for approval.
At the December 17, 2025, City Commission meeting. the City Clerk read the title of the
Ordinance into the record and opened up the public hearing. Members of the public were not
present or requested to speak on the matter Commission members made a motion to move the
item to the February 5, 2026, City Commission meeting for a second reading public hearing
FISCAL IMPACT STATEMENT
No fiscal impact
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 1/12/2026
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
CONCLUSION
The Administration recommends amending the City Code to incorporate an increase in the fee
structure for temporary use renewals for elevators. Under the new amendment, after the first
renewal, which will remain at $162, any subsequent temporary use renewals are proposed to
increase to $2,090. matching the temporary use permit fee The Administration also recommends
limiting the number of renewals to three (3) after the initial temporary use permit is issued, as a
way to encourage property owners and elevator companies to work together to ensure safe and
functional elevators.
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Proiect?
927 of 2180
Yes
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Public Works
Sponsor(s)
Commissioner Laura Dominguez
Co-sponsors)
Condensed Title
9:40 a.m. 2nd Rdg, Increase Fees, Temporary Use Permit Renewals for Elevators. (LD) PW
Previous Action (For City Clerk Use Only)
First Reading Public Hearing on 12/17/2025 - R5 S
928 of 2180
Committee Referrals - C4 I
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: June 25, 2025
TITLE: REFERRAL TO THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE TO
DISCUSS THE PROPOSED AMENDMENT TO THE CITY CODE, INCREASING
THE FEES CHARGED FOR THE TEMPORARY USE PERMIT RENEWALS FOR
ELEVATORS.
RECOMMENDATION
The Administration desires to amend the City Code to incorporate an increase in the fee for
temporary use renewals for elevators, from its current $162 to $2,090 (equal to the temporary use
permit fee) and limit the number of renewals to three (3), after the initial temporary use permit is
issued.
BACKGROUND/HISTORY
Under Florida Statutes ("FS"), Elevator Safety Act, Chapter 399, Rule 399.13, the Elevator Safety
Division of the City of Miami Beach's Public Works Department has been delegated the
jurisdictional authority over elevators, escalators, moving walks, wheelchair lifts and related
equipment Citywide.
Under its current Code, the fee to apply for a temporary use permit is $2,090. This permit allows
for an indefinite number of 30-day temporary use renewals for elevators. This is a concern,
because it allows elevator companies to avoid and/or extend the elevator's required final permit
inspection indefinitely.
In order to incentivize property owners and elevator companies to work together to ensure safe
and functional elevators, consistent with the Florida Building Code, Public Works is proposing an
Ordinance amendment (Attachment A).
This amendment will modify and increase the fee for temporary use renewals for elevators from
its current fee of $162 (fee which is increased by approximately 6% every year) to $2,090 (equal
to the temporary use permit fee) and limit the number of renewals to three (3), after the initial
temporary use permit is issued. After the third renewal, the unit will be removed from service until
a final permit inspection is performed and the unit passes; or if extenuating
circumstances/conditions at the site justify additional renewals being granted to resolve the
issue(s), which is all contingent upon the City's approval.
FISCAL IMPACT STATEMENT
No fiscal impact
CONCLUSION
929 of 2180
The Administration desires to amend the City Code to incorporate an increase in the fee for
temporary use renewals for elevators, from its current $162 to $2,090 (equal to the temporary use
permit fee) and limit the number of renewals to three (3), after the initial temporary use permit is
issued.
Applicable Area
Citywide
Is this a "Residents Right to Know" item,
pursuant to City Code Section 2-17?
Yes
Department
Public Works
Sponsor(s)
Commissioner Laura Dominguez
Condensed Title
Is this item related to a G.O. Bond
Proiect?
No
Ref: FERC - Increase Fees Charged for Temporary Use Permit Renewal for Elevators.
(Dominguez) PW
Previous Action (For City Clerk Use Only)
930 of 2180
EXHIBIT "A"
APPENDIX A - FEE SCHEDULE
Pursuant to section 1-15 of this Code, this appendix includes all fees and charges established by
the City Commission that are referred to in the indicated sections of the Code of Ordinances.
Certain specified fees and charges, as identified herein, shall be subject to annual adjustment by
the city manager, pursuant to the provisions of section 1-15 and this Appendix "A". A schedule of
all current city fees and charges as set forth in Appendix "A" shall be maintained on the city's
website.
• k •
Chapter 14. Building Regulations Part I
Article 11. Construction Standards
Division 2. Permit Fees
14-65
Mechanical Permit Fees
Temporary tenant use permit (must be renewed every 30
days)
2,090.00
[A]
Temporary use permit renewal, first renewal
162
[A]
Second and third temporary use permit renewal with a
2,090.00
each
LAJ
maximum of three renewals
a . �
935 of 2180