027-2000 LTC
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cLmiami-beach.fl.us
L.T.C. No. 2'- 2000
LETTER TO COMMISSION
FROM:
Mayor Neisen O. Kasdin and
Members of the City Commission
Lawrence A. Levy %
City Manager
. ,..
',....,/
February 15,2000
TO:
1"'''\
\ .':,\
J
~::;,
c:~\ ..
......f\ t~.-o"
-(-) :;;.
.....\
\
..
SUBJECT: SPRINKLER WHITE PAPER
Attached for your information is a self-explanatory memorandum from Assistant City Manager
Mayra Diaz Buttacavoli to me dated February 11,2000, regarding the above-captioned subject.
The attached material is being transmitted to you at this time because the deadline for affected
properties to schedule a meeting with the Fire Department is March 15, 2000.
If you require further information, please don't hesitate to either contact me or Mayra Diaz
Buttacavoli.
LAL:~:lcd
Attachment
c: Mayra Diaz Buttacavoli
Janet Gavarrete
Christina Cuervo
Matthew Schwartz
Ronnie Singer
Mary Greenwood
Murray Dubbin
Floyd Jordan
Robert Parcher
Rhonda Montoya
Russell White
F:ICMGRISALLIL TC-OOISPRlNKL WP
CITY OF MIAMI BEACH
Office of the City Manager
Interoffice Memorandum
lQ
To:
Lawrence A. Levy
City Manager
Date: February 11, 2000
From:
Ma~ra Diaz. Buttacavoli /72oa-~\Lf) . ~~_.a;:U--ao~eje9&~
AssIstant CIty Manager a
Subject: SPRINKLER WHITE PAPER
This memorandum and attachments address the questions presented by the City Commission
regarding the "sprinkler" issue. Credit should be given to Rhonda Montoya, Assistant City Attorney,
and Russell White, Fire Marshal, for gathering the information and preparing the answers.
The previous deadline of August 1, 1999, for all affected properties to schedule a meeting with the
Fire Department to discuss a schedule for compliance was extended to March 15, 2000.
I~ Cost of Sprinkling
There are seven buildings in the city of Miami Beach which have either completed the work on their
sprinkler or Engineered Life Safety Systems. Their assessments and cost figures are as follows, as
best as I have been able to ascertain.
1. Morton Towers ( 1500 Bay Rd.) -Assessed in 1998 at $37 million, sold in 1997 for $53.6 million.
This is a twin tower facility with a total of 1,277 units. They have chosen to install an ELSS. Total
valuation of the work performed to install the ELSS comes to $2,158,000 as added from City
permits. This breaks down to an average cost per unit of$I689.00.
2. Roney Plaza (2301 Collins )-Assessed in 1998 at $46 million. Sold in 1984 for $86 million. This
is another twin tower facility with a total of 1210 units. It is interesting in that one tower required
full sprinklering due to its having hotel rooms, while the second tower opted for ELSS. There is no
way to break out the costs ofthe systems separately, but the total cost of all sprinklering, as provided
by the sprinkler contractor, was $1,555,000, or $1,291.53 per unit. The total valuation of all
renovations, from City permits was $3,925,000, or $3243.80 per unit. It should be noted that this
figure includes all renovations undertaken as part of the project, not just the Fire issues.
3. Byron Hall (401 69th St.) -Assessed in 1998 at 8.5 million, sold in 1993 for $8 million. This is
a single tower with 207 units. This facility is not completed at this time, but the information from
the contractor puts the cost of the sprinkler portion of the ELSS at $163,950.00, or $858.38 per unit.
I was unable to pull further information on the alarm permits from the LMS, however, the sprinkler
costs are the largest associated with the installation of an ELSS, so the cost per unit is certainly under
$2,000.00.
1
4. Monte Carlo Palace ( 5600 Collins) -Assessed in 1998 at $21 million, sold in 1998 for $31
million. This is a single tower with 258 units. The total valuation ofELSS installations is $180,900,
as pulled from City permits. This comes to a cost of $70 1.16 per unit
5. Four Freedoms ( 3800 Collins) -Assessed in 1998 at $4 million, unknown when last sold. This
facility opted to fully sprinkler, at a valuation of $140,000 according to City permit. This comes to
an average cost of$666.66 for each of21O units. I question whether the full documentation of this
project was pulled from the LMS.
6. Clearview Towers ( 2829 Collins) -Assessed in 1998 at $2 million, no information available on
the last sale. This facility of 122 units also opted for full sprinklering. The valuation listed on the
City permit is $157,800, or a cost per unit of$I293.44.
7. Marble Terrace (31 00 Collins) -Assessed in 1998 at $2 million. No additional information was
available on this building as far as costs of the project were concerned.
II.
..
Timing
Who determines date of compliance?
- County 3-5 years
- State 7 years for full sprinkler
- ASAP for Engineered Life Safety Systems (ELLS)
As to the "sprinkler" issue, i.e., retrofitting existing residential high rise buildings, the time for
compliance is determined by the applicable fire codes as well as the Authority Having Jurisdiction
(AHJ) of the municipality. In October 1996, the City Commission passed Ordinance #96-3045
(Attachment #1) and Resolution #96-22048 (Attachment #2). At that time, the 1991 NFPA Life
Safety Code was adopted in its entirety as part of the Code of the City of Miami Beach. There is no
time frame delineated in the Code for the "sprinkler" requirement. This is normally interpreted as
an immediate requirement. However, the Code also permits the AHJ to extend the time within
which to comply (i.e., actually complete the entire retrofit), depending on the size and scope ofthe
project (Attachment #3).
The Dade-County Fire Marshal has been allowing from 3-5 years for full completion of either a full
retrofit or the complete installation of an engineered life safety system.l Currently, the proposed
Florida Fire Prevention Code allows up to 12 years for implementation of a fully sprinklered building
or the alternative engineered life safety system (Attachment #4V
1 It should be noted that Dade County has been enforcing the 1991 version for many
years and now has almost completed retrofits. Further, the time frame of 3-5 years generally
contained staggered deadlines within the 3-5 years, so that the project is complete and approved
by the end of the time period.
2 It was reported at the State Fire Code Technical Advisory Committee that most
jurisdictions in the State have already or are in the process of complying with this particular Code
2
III. Who is the authority having jurisdiction; how can this be changed?
Pursuant to Florida Statutes, the NFP A Life Safety Code and the South Florida Fire Prevention
Code3, the "authority having jurisdiction" or "AHJ" is defined as the chief fire code enforcement
official of the jurisdiction, or his designee or the fire chief, or his designee (Attachment #6). In
Section 3-2 ofNFP A Life Safety Code, the comment section notes that the AHJ is the Fire Marshal
or Building Official. The AHJ may only be one individual. Traditionally, as in most jurisdictions
including ours, the AHJ "designee" is the Fire Marshal. Further, in the City's job description ofthe
Fire Marshal duties (Attachment #7), it is expressly stated that "enforcement of building codes, fire
codes and ordinance [sic J regarding fire prevention and protection of life." This description is not
contained in the job description of the Fire Chief.
In terms of how it could be changed, the Fire Chief could retain the AHJ authority, which would
compel him to make the daily decisions on code considerations; alternatively, another individual in
the fire department could be designated as the AHJ, assuming the job description ofthe Fire Marshal
was changed. In every municipality I am aware of in Dade County, the Fire Marshal is the AHJ. In
terms of a major change as to who is the AHJ, a revision of all fire codes and the Florida Statutes
would be necessary.
IV. What are the responsibilities ofthe authority having jurisdiction?
The AHJ is responsible for enforcement of fire codes, ordinances and other applicable laws relating
to fire prevention and life safety. Further, the AHJ is the individual responsible for interpreting all
such codes and ordinances and granting equivalences where appropriate. The AHJ works with the
Building Official on construction projects as to fire code considerations and in conjunction with the
Building Department, in determining occupant loads for restaurants, businesses and nightclubs
(Attachment 8).
V. Who writes codes?
As far as Fire Codes, NFP A utilizes committees to write its code and update the various editions.
The South Florida Fire Prevention Code was also drafted by Miami-Dade Fire Marshal's Committee
and adopted by the Dade County Commission, Ordinance No. 87-89 Sec.3 (Attachment #9). The
Florida Fire Prevention Code4 has utilized multiple committees and a Fire Code Council to
incorporate amendments to NFP A 1 and 101.
VI. Who adopts code and the effect of Home Rule?
requirement. The notable exceptions are the City of Miami Beach and Hallandale.
3 The South Florida Fire Prevention Code and the NFP A Life Safety Code are both
adopted by the City of Miami Beach pursuant to Sec. 50-1 and 50-2 of the City of Miami Beach
Code (Attachment #5).
4 The new proposed statewide code with an anticipated effective date of January 2001.
3
The state of Florida pursuant to Florida Statutes Chapter 633 mandates minimum fire code standards
which!Illllit be adopted by each municipality in the state (Attachment # 1 0). Under tenants of Home
Rule Charter (Attachment #11) and its accompanying powers, Miami-Dade County has implemented
use of the 1991 Life Safety Code pursuant to Section 14-58(A)(79) of the County Code and has
implemented use of the South Florida Fire Prevention Code In Section 14-42. In addition, under
Section 14-40(c), Dade County makes this Code applicable to all incorporated areas of Dade County
as well as the unincorporated areas. At this time, the City of Miami Beach may require more
stringent standards than the minimum Code requirements promulgated by the State and Miami-Dade
County. However, based upon home rule charter, it does not have the legal authority to ignore a
minimum requirement.
VII. Consequences of not following the code to the municipalities.
Pursuant to Section 14-52 of the South Florida Fire Prevention Code as well as Florida Statutes,
failure to enforce the provisions ofthe Code may subject the Fire Chief and/or the Fire Marshal to
criminal and civil liability. In addition, failure to follow the codes may expose the City to significant
civil liability from lawsuits brought in the event of injuries or death to residents, firefighters or other
city employees involved in an incident which stems from failure to follow fire codes. (Attachment
#12).
MDB:RM:RW:lcd
Autchments
F:ICMGRI5ALLILISAIFIREIWHTPAP.RPT
4
A
T
T
A
C
H
M
E
N
T
..
1
I
I
I
,---'
ORDINANCE NO 96-30~
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIANIl BEACH, FLORIDA, AMENDING MIA1HI BEACH CITY
CODE CHAPTER 14, ENTITLED "FIRE PREVENTION", BY Al"IENDING
SECTION 14-2 THEREOF, ENTITLED "ADOPTION BY REFERENCE", BY
ADOPTING THE 1991 EDITION OF THE NATIONAL FIRE PROTECTION
ASSOCIA TION LIFE SAFETY CODE AS TO ALL BUILDINGS AND
STRUCTURES; PROVIDING FOR A REPEALER, SEv"ERo\BILITY AND
AN EFFECTIVE DATE. .
f
!
\VHEREAS, Miami Beach City Code Section 14-2 presently adopts the 1991 edition of the National
Fire Protection Association Life Safety Code ( 1991 Code) as to new buildings and structures, but
not as to existing buildings and structures; and
WHEREAS, the adoption of the 1991 Code as to all buildings and structures would protect the
health, safety, and welfare of the citizens of Miami Beach; and
\VHEREAS, it is necessary to amend Miami Beach City Code Section 14-2 in order to adopt the
1991 Code as to all buildings and structures; and
WHEREAS, the City of Miami Beach is preparing a Financial and Loan Program to make it
available to affected property owners to facilitate the implementation of this Ordinance; and
WHEREAS, it would be in the best interest of the City and of those affected bv this Ordinance that
'- .
this Ordinance becomes effective when the Financial and Loan Program is approved by the City
Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COi\'Ii\llSSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
Section 1.
Amendment of City Code Section 14-2 .
That Section 14-2 of Miami Beach City Code Chapter 14, entitled
"Fire Prevention" is hereby amended as follows:
Section 14.2 Adoption by reference.
The National Fire Protection Association (NFP A) 10 1, Life Safety Code,
199 I edi,tion is hereby adopted by reference a3 te new bt:lilelingJ of Jtrucn:xc.3 as if
fully set fo'3' herein, as said Code ~ay be ",?ended from time to ~e: :c.;;:~~
:: ~:e.;~ . ;:~:!:~n ~::,P..) 191, Lifo ~ :~; 1 ~ ~:~ .~ ~e:;'b
~~~d~~~:~f~~~< ~~';<i3,~i;~ b~ilding~ ~u~:3 :~~ ~U: ~:~~
nere%~. :-;'e.. ~.d e.{%SUng bUllehngJ or :3tr C s bel .
''''''')
, ~
C......
. ..".-.....
(
(-.--
. '
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 as is held
invalid, the remainder shall not be affected by such invalidity,
Section 4.
Effective Date.
This Ordinance shall take effect on the 1 st day of October, 1996.
.
Passed and Adopted this 19th day of June, 1996.
Attest:
..
'" .
"K" b..} 'I~Md~,-
CITY CLERK
First Reading 6/5/96
2nd Reading
-~~II"ort.. -'. .. ____, ._.~
,., "-."., ",' l-' ..... . . . ,
I 1..') \Ui rll-' !' ,_, '-. '..I
3y dt~/{__
Da~e b /2.--6/.9' c
f:cmgr\.$a1l\comm-mem.96\fire.ord
A
T
T
A
C
H
M
E
N
T
..
2
RESOLUTION NO.
96-22048
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA AUTHORIZING AND DIRECTING THE
ADMINISTRATION TO PROCEED WITH THE
PLANNING AND THE ADMINISTRATION OF THE
FIRE CODE REQUIREMENTS LOAN PROGRAM;
ESTABLISHING A FIVE YEAR PERIOD TO
IMPLEMENT AND TO PROCEED WITH THE
SECURING OF THE CITY LOAN FOR THE FIRE
CODE REQUIREMENTS LOAN PROGRAM; AND
DIRECTING THE ADMINISTRATION TO
PRESENT SUCH PROGRAM TO THE MAYOR AND
CITY COMMISSION FOR FINAL APPROVAL.
.,
WHEREAS, the Mayor and City Commission of the City of Miami Beach have
found that the health, safety and welfare of the residents of the City will be served by the imposition
of the requirements of the 1991 edition of the 1991 edition of the National Fire Protection
Association Life Safety Code (1991 Code); and
WHEREAS, the Mayor and City Commission have found that the imposition of the
requirements of the 1991 Code will place a burden on the residents of the City; and
WHEREAS, the Mayor and City Commission have declared that a public purpose
will be served by assisting residents in implementing the requirements of the 1991 Code.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA as follows:
1. The Administration is hereby authorized to proceed with the planning and administration to
implement a loan program for those buildings not in compliance with the 1991 Code.
2. The Administration is directed to survey each of the affected buildings and develop plans to
comply with the requirements of the 1991 Code by October 1, 1997.
3. The Administration is directed to provide for an implementation period of five years, from
October 1, 1996 through September 30, 2001, prior to the requirements of the 1991 Code being
enforced on the affected buildings.
4. The Administration is hereby directed to proceed with acquiring a loan from a municipal loan
pool to provide the funds necessary to implement said loan program.
5. The Administration is hereby directed, at the earliest possible date, to present this completed
program to the Mayor and City Commission for final approval.
Passed and Adopted this 3rd
day of July
, 1996.
Attest:
..
Row,.+ .p~
City Clerk
FORM APPROVED
~Dept
By ~
Dale c;)v)19k.
CITY HALL t700CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA33139
CITY OF .MIAMI -BE"ACH
OFFICE OF THE CITY MANAGER '
COMMISSION MEMORANDUM NO.
~-=39<g-q la
TELEPHONE: (305) 673-7010
FAX: (305) 673-n82
July 3, 1996
To: Mayor Seymour Gelber and
Members of the City Commission
From:
Jose Garcia-Pedrosa
City Manager
~
'.
Subject:
Implementation Plan for the Improvements Necessary under the 1991 Fire Code
Administrative Recommendation
The Administration recommends that the Mayor and City'Commission conceptually adopt the Plan
presented at the June 5 and June 19 meetings and direct the Administration to present the formal plan
with the documents authorizing the financing of this Loan Program.
BackiP"ound
At the June 4 Commission Meeting, several questions were raised as to the implementation of the
loan plan for the improvements necessary for the requirements for the sixty high rise buildings under
the 1991 Fire Code. The loan program was modeled after similar loan programs in the housing
programs in the Community Development Block Grant Program (CDBG). These programs require
a principal return upon the sale of the residence prior to a certain period of time elapsing. The
proposed requirement of the balance of the loan due upon sale comes from this CDBG requirement.
The difference in cost to the City for the interest payments without the due on sale requirement are
$6,632,100 over the twenty year life of the loan or approximately $332,000 annually (see attached
schedules). Additionally, the anticipated $4,003,000 in interest income from the investment of these
repayment proceeds would not be realized. The lack of these earnings would raise the annual cost
another $200,000 annually. The net annual cost to the City without the due on sale and the lack of
the investment earnings would increase from the anticipated $266,000 annually to $798,000
annually. The anticipated effect of this "due on sale clause" is minimal to the condominium
association who is the payor of the loan. The Association can assess its members an additional small
amount to cover the anticipated annual sales in the building and provide such funds to the City as
such sales occur.
Agenda Item
R1C.
1-3-Ql:,
Date
The Commission also questioned the three year compliance time window and the availability of
qualified contractors for this type of work over the three years. Additional concerns were raised as
to the cost of such work being driven up by the shortened compliance deadline. The Building
Official has opined that there are more than sufficient qualified contractors available to perform this
work (see attached list) within the specified dates. Additionally, he has speculated that the increased
level of work, with the available pool of qualified contractors, may stimulate competition and
actually tend to drive the cost down rather than up. The Fire Department has stated that they can
easily inspect and approve plans, for sprinklers or approved life safety systems, with their current
personnel within this time period. The Administration has detennined that a five-year compliance
period would be appropriate for the implementation of these Code Requirements. The period allowed
for the implementation of these requirements will be the five-year period, October 1, 1996 through
September 30,2001.
..
The public information meetings with the condominium associations have taken place and will
continue throughout this implementation period. We will meet with the individual condominiwn
associations and building owners as well as create an ongoing dialogue with the Council of
Condominiums. The Fire Department will begin discussing with each building the necessary
improvements to implement these Code Requirements with each of the sixty buildings. We
anticipate that this process will be completed within the first year of this program, with all of the
buildings having an approved plan at that time.
The actual loan agreement with the Sunshine State Municipal Loan Pool has yet to be approved. The
Administration will continue to work through the August recess and present this agreement for the
Commission's approval in September. Both of these dates will be in advance of the implementation
date and the initial loan application period beginning in October 1, 1996.
The proposed resolution will authorize the Administration to proceed with the implementation of
this loan program and to bring the loan docwnents and the program adminisnative rules back to the
City Commission for final approval in September.
JGP/RJN/cp
The following is a representive listing of contractors who specialize in design and installation offrre
protection systems, including fire sprinkler retrofit in existing buildings. Although these companies
are licensed, the City of Miami Beach makes no warranty as to capability of the firms or pricing
structure. The City neither endorses nor recommends any of these companies.
A-I Fire Sprinkler Corp.
504 N.E. 190th Street
N. Miami, FL 33179
(305)653-1142
CC# 389568000194
All Fire Services, Inc.
504 N.E. 190 Street
Miami, FL 33179
(305) 653-1142
CC# 389568000194
Fallon Enterprises
3071 N.W. 64th Avenue
Sunrise, FL 33313
(305) 742-6787
CC# 038553000186
Capsco Industries
33 N. W. 4 Street
Miami, FL 33128
(305) 358-2887
CC# 929324000191
Fox-Fire Systems, Inc.
..
4153 S.W. 47th Ave., Ste. 157
Ft. Lauderdale, FL 33314
(305) 986-0907
CC# 022450000192
FR Fire Protection Systems
3359N.W. 154 Terrace
Miami, FL
(305) 681-9583
CC# 010079000186
F&R Fire Protection System, Inc.
3359 N.W. 154 Terrace
Miami, FL 33054
(305) 681-9583
CC# 010079000186
Southern Fire Control
1650 N.W. 54 Avenue
Miami, FL
(305) 621-4800
CC# 974895000191
Goral Enterprises, Inc.
6095 N.W. 167 Street
Miami Lakes, FL 33015
(305) 822-6060
CC# 903494000191
Viking Automatic Sprinklers
8690 N. W. 58 Street
Miami, FL 33166
(305) 92-5910
CC# 085422000179
Grinnell Fire Prot. System, Inc.
2700 West 81st Street
Hialeah, FL 33016
(305) 822-8220
CC #099050017700
Allied Fire Protection
9355 W. Okeechobee Rd.
Hialeah, FL
(305) 824-5095
CC# 519486000194
Adigo Engineering, Inc.
7922 N.W. 64 Street
Miami, FL 33166
(305) 593-2187
CC# 063343018300
Fred McGilvray, Inc.
8690 N.W. 58 Street
Miami, FL 33166
(305) 592-5910
CC# 085422000179
A-I Fire Equipment
3619 N.W. 2 Avenue
Miami, FL
(305) 573-8273
CC# 050443017800
Annour Security Systesm
18901 N.E 5 Avenue
Miami, FL
(305) 652-9777
EF# 0000905
ADT Security Systems
1052 S. PowerIine Rd.
Ft. Lauderdale, FL
1-800-238-3009
EF# 0000100
Biscayne Electric, Inc.
8289 N. W. 56 Street
Miami, FL
(305) 592-9705
CC#9549, ER#OO 1 0668, EC#0000209
..
Alarm Control, Inc.
60Q5 N.W. 167 Street
Miami, FL
(305) 825-4647
EF# 0000160
Cerberus Pyrotronics
7415 Corporate Ctr. Drive
Miami, FL
(305) 591-5656
EF# 0000913
Fla. State Fire & Security, Inc.
3921 S.W. 47 Avenue
Davie, FL
(305) 651-8122
EC# 000669
Glanz Technologies, Inc.
687 N.E. 124 Street
N.Miami. FL
(305) 893-1269
EF# 0000075
Miami Beach Electric
885 N.E 79 Street
Miami, FL
(305) 865-5757
CC# 13235, ER# 6191. EF#83
Fire Alarm Systems
504 N.E. 190 Street
Miami, FL
(305) 652-1613
EF# 0000008
Riggs Electric, Inc.
6230 S.W. 112 Street
Miami, FL
(305) 661-7064
CC# 16349, ER# 8872
CC - Certificate of Competency
ER - Electrical Register
EC - Electrical Competency
A
T
T
A
C
H
M
E
N
T
.,
3
-
NFPA 10~
Code for Safety to life from Fire
in Buildings and Structures
1997 Edition
NOTICE: An asterisk (*) following the number or letter des-
ignating a paragraph indicates that explanatory material on
the paragraph can be found in Appendix A.
Information on referenced publications can be found in
Chapter 33 and Appendix B.
CHAPTER 1 * GENERAL
SECTION 1-1 TITLE
1-1.1 Title. NFPA 101"', Code far Safety to Life from Fire in Build-
ings and Structures, shall be known as the Life Safety Code, is
cited as such, and shall be referred to herein as "this Code" or
"the Code."
SECTION 1-2 SCOPE
r-2.1 This Code addresses life safety from fire. Its provisions
will also aid life safety in similar emergencies.
1-2.2* The Code addresses those construction, protection,
and occupancy features necessary to minimize danger to life
from fire, including smoke, fumes, or panic.
1-2.3 The Code identifies the minimum criteria for the de-
sign of egress facilities so as to permit prompt escape of occu-
pants from buildings or, where desirable, into safe areas
within buildings.
1-2.4 The Code recognizes that life safety is more than a mat-
ter of egress and, accordingly, deals with other considerations
that are essential to life safety.
1-2.5 Vehicles, vessels, or other similar conveyances, as de-
fined in Section 32-6, shall be treated as a building.
1-2.6 The Code does not attempt to address all those general
fire prevention or building construction features that are nor-
mally a function of fire prevention and building codes.
1-2.7 The prevention of personal injuries incurred by an in-
dividual's own negligence, and the preservation of property
from loss by fire have not been considered as the basis for any
of the provisions of this Code.
SECTION 1-3* APPUCATION
1-3.1 New and Existing Buildings. The Code applies to both
new construction and existing buildings. In various chapters
there are specific provisions for existing buildings that might
differ from those for new construction.
1-3.2 Time Allowed for Compliance. A limited but reason-
able time shall be allowed for compliance with any part of this
Code for existing buildings commensurate with the magnitude
of expenditure, disruption of services, and degree of hazard.
1-3.3 Authority HavingJurisdiction. The authority having
jurisdiction shall determine the adequacy of means of egress
and other measures for life safety from fire in accordance with
the provisions of this Code.
GENERAL
101-17
1-3.4* Modification of Requirements for Existing Build-
ings. The requirements for existing buildings shall be per-
mitted to be modified if their application clearly would be im-
practical in the judgment of the authority having jurisdiction,
but only where it is clearly evident that a reasonable degree of
safety is provided.
1-3.5 Referenced Publications. Existing buildings or instal-
lations that do not comply with the provisions of the refer-
enced standards contained in this document (see Chapter 33)
shall be permitted to be continued in service provided the
lack of conformity with these standards does not present a se-
rious hazard to the occupants as determined by the authority
having jurisdiction.
1-3.6 Additions. Additions shall conform to the provisions
for new construction.
1-3.7* Modernization or Renovation. Any alteration or any
installation of new equipment shall be accomplished as nearly
as practicable with the requirements for new construction.
Only the altered, renovated, or modernized portion of an ex-
isting building, system, or individual component shall be re-
quired to meet the provisions of this Code applicable to new
construction. If the alteration, renovation, or modernization
adversely impacts required life safety features, additional up-
grading shall be required. Existing life safety features that do
not meet the requirements for new buildings, but exceed the
requirements for existing buildings, shall not be diminished
further. In no case shall the resulting life safety features be
less than those required for existing buildings.
1-3.8 Priority of Chapter Requirements. Where specific re-
quirements contained in Chapters 8 through 32 differ from
general requirements contained in Chapters 1 through 7, the
requirements of Chapters 8 through 32 shall govern.
1-3.9 Provisions in Excess of Code Requirements. Nothing
in this Code shaIl be construed to prohibit a better type of
building construction, additional means of egress, or other-
wise safer conditions than those specified by the minimum re-
quirements of this Code.
1-3.10 Conditions for Occupancy. No new construction or
existing building shaIl be occupied in whole or in part in vio-
lation of the provisions of this Code.
Exception: Buildings shall be permitted to remain in use, provided that
(a) A plan of correction has been approved, and
(b) The occupancy classification remains the same, and
(c) No serious life safety haz.ard exists as judged by the authority
having jurisdiction.
1-3.11 Construction, Repair, and Improvement Operations.
1-3.11.1 * Buildings or portions of buildings shaIl be permit-
ted to be occupied during construction, repair, alterations, or
additions only if all required means of egress and all required
fire protection features are in place and continuously main-
tained for the portion occupied.
1-3.11.2* In buildings under construction, adequate escape
facilities shaIl be maintained at all times for the use of con-
struction workers. Escape facilities shall consist of doors. walk-
ways, stairs, ramps, fire escapes, ladders, or other approved
means or devices arranged in accordance with the general
principles of the Code insofar as they can reasonably be ap-
plied to buildings under construction.
1997 Edition
A
T
T
A
C
H
M
E
N
T
..
4
gaining immediate access to the equipment. A minimum of three feet clearance shall be
maintained around fire hydrants except as otherwise required by the authority having
jurisdiction. In the case of fire department Siamese connections, a space of four feet must
be maintained on both sides with a sign posted reading, "NO PARKING, FIRE
DEPARTMENT CONNECTION."
(w) The following language is added to Sections 7-1.3.2 and 7-1.3.2.2 ofNFPA 1:
Each existing high rise building shall be required to be protected by an approved,
automatic sprinkler 'system or equipped with an engineered life safety system, approved by
the authority having jurisdiction, not later than withift 12 years after ef the adoption of the
1
Florida Fire Prevention Code.
W The following language is added to Section 8-2.1.4 ofNFP AI:
When not connected to a fire alarm system, fire alarm notification appliances shall not be
used as duct detector visual or audible signal devices. All appliances used shall be listed
for the purpose for which they are intended.
fy) The following language is added to Section 9-2 ofNFP AI:
If at any time in the opinion of the fire chief the safety of the public warrants additional fire
safety and rescue safety personnel in any place of public assembly or other place where
people congregate, one or more certified fire inspectors or firefighters may be required to
be on duty at the location. The nature of the performance, exhibition, display, or activity
may be considered in this determination. These certified safety personnel shall remain
under the direction of the fire chief and are responsible for assuring the proper working
order of fire control equipment and for taking action to protect the occupants from injury
8
Rule Chapter 4A-60, Draft 1
Portions appearing incomplete or not understandable are marked with a (?).
New rule language and new suggested language to Third Draft, FFPC, is underlined.
Language of Third Draft, FFPC, suggested to be deleted is strud. through.
A
T
T
A
C
H
M
E
N
T
..
5
FIRE PREVENTION Al'W PROTECTION
Sec. 50-1. Adoption by reference; short title.
The South Florida Fire Prevention Code and
article III of chapter 14 of the Code of Metropoli-
tan Dade County, Florida, are hereby adopted by
reference as if fully set forth herein, as those
codes may be amended from time to time.
(Code 1964, ~ 14-1)
Sec. 50-2. Life Safety Code adoption by ref-
erence.
The National Fire Protection Association (NFPA)
101, Life Safety Code, 1991 edition, is hereby
adopted by reference as if fully set forth herein, as
that code may be amended from time to time.
(Code 1964, ~ 14-2; Ord. No. 95-2994, ~ 1,5-17-95;
Ord. No. 96-3045, ~ 1, 6-19-96)
..
Sec. 50-3. Plans examination, inspections,
permits.
(a) Up-front processing fee. When a building
permit application is received at the building
services department, the applicant shall pay an
up-front processing fee as specified in appendix A.
This processing fee is not refundable, but shall be
credited toward the final permit fee. This fee is in
addition to fees which are required pursuant to
chapter 14 of this Code.
(b) New building andlor additions:
(1) Fees for new building and/or additions
are as specified in appendix A.
(2) For greenhouses and nonresidential build-
ings used for agricultural purposes and
screened enclosures and trailer additions
when located on the premises so used, the
fee shall be as specified in appendix A.
(c) New construction other than as speci{r,ed in
this section. See appendix A.
(d) Alterations and repairs to buildings and
other structures. See appendix A.
(e) Hydrant flow tests unless in conjunction
with acceptance test for sprinkler systems. See
appendix A.
(f) Accepta7.ce test for spriiikler systems. See
appendix A.
;\ 50-4
(g) Acceptance test for standpipe systems. See
appendix A.
(h) Acceptance test for alann systems. See ap-
pendix A.
m Fire extinguishing systems. See appendix A..
(j) Reinspectwn fee. When extra inspection trips
are necessary due to incorrect address given on
call for inspection, prior rejection of work due to
faulty construction, work not being ready for
inspection at time specified, failure to call for
final or other inspections, or required corrections
not being made or completed at the time specified
by the contractor, a fee as specified in appendix A
for each reinspection may be charged to the
permit holder in the trade concerned. If it is
determined by the field inspector concerned that
the job has the same problem after the reinspec-
tion fee is assessed and paid, a second reins pec-
tion fee as specified in appendix A shall be charged.
Payment of the reinspection fee shall be required
before any permits will be issued to the person
owing the fee. Further inspection may be refused
until payment of reinspect ion fees has been made.
(k) Special inspection fee. A fee equal to actual
staff time and related costs shall be assessed for
special inspections that are outside the normal
scope of fire department work. A minimum fee as
specified in appendix A shall be charged. Requests
submitted by developers, attorneys, realtors or
contractors to inspect a building to determine
existing violations shall be considered special
inspections.
(l) Periodic fire standpipe system test. On ex-
isting buildings, this test is required every two
years. See appendix A.
(m) Fireworks permit, jJublic display. See ap-
pendix A.
(n) Open burning permit. See appendix A.
(Code 1964, S 14-7)
Sec. 50-4. Enforcement by [Ire inspectors;
notice of violation.
(a) Notice of violation. If, upon inspection, a
fire inspector finds either an overcrowded condi-
tion in exces~ 'If p~rmissible occupant load crite-
ria as defined in the South Florida Fire Preven-
CD50:3
A
T
T
A
C
H
M
E
N
T
..
6
in drinking or dining establishments, or awaiting transportation.
ASSEMBLY shall mean the gathering together of 60 or more persons for such pu:poses as delibera-
tion, education, instruction, workship. entertainment, amusement, in drinking or dining establishments,
or awaiting transportation.
ATMOSPHERIC TANK shall mean a storage tank: which has been designed to operate at pressures
from atmospheric through 0.5 psig. ATRIUM shall mean a floor opening or series of floor openings con-
necting two or more stories that is covered at the top of the series of openings and is used for purposes
other than an enclosed stairway; elector hoistway; or utility shaft used for plumbing, electrical, air condi-
tioning, or communications facilities.
ATRIUM shall mean a floor operning or series of floor openings connecting two or more stories that
is covered at the top of th series of openings and is used for purposes other than an enclosed stairway;
elevator hoistway; or utility shaft used for plumbing, electrical, air conctitioning, or communications facilities.
AUTHORITY HAVING JURISDICTION shall mean the chief fire code enforcement official of the
jurisdiction. or his designee.
AUTOMATIC FmE ALARM SYSTEM shall mean a system which automatically detects a fire condi-
tion and actuates a fire alarm signal device.
..
AUTOMATIC FIRE CHECK shall mean a device listed for installation in communicating piping car-
rying an explosive vapor/air mixture to prevent a flashback from reaching the underground tanks or equip-
ment in the piping system. These devices shall be equipped with special elements for arresting the ez-
plosion wave which may be already established in a pipe. These devices shall contain an automatically
operated shutoff valve to stop the flow of a vapor/air mixture in the event of a flshback and continued burn-
ing at the aIIeter element. The shutoff valve shall be capable of a manual reset.
AUTOMATIC FIRE-EXTINGUISHING SYSTEM shall mean an approved system of devices and equip-
ment which automatically detects a fire and discharges an approved fire extinguishing agent onto or in
the area of a fire. .
B
BALCONY shall mean that portion of a seating space of an assembly room. the lowest art of which
is raised four feet or more above the level of the main floor.
BALCONY, EXTERIOR EXIT shall mean a landing or porch projecting from the waD of a building.
Where serving as a required means of egress the long side shall be at least 60 percent open and the open
area above the guard rail shall be so distributed as to prevent the accumulation of smoke or tozic gases.
BASEMENT shall mean that portion of a building between floor and ceiling, which is so located that
one-half or more of the clear height from floor to ceiling is below grade.
BELOW GROUND CONTAINER shall mean a storae installation in whcih the mazimum liquid level
in the container is below the surrounding grade or below a backfill bann, whcih is at least 10 feet wide
at the top and then SLOPES away from the container at a natural angle of repose or is retained 10 feet from
the container by a retaining wall and constructed of earth. concrete, solid masonry or suitable material
to prevent the escape of liquid.
BLASTING AGENT shall mean any material or mixture consisting of a fuel and oxidizer intended for
blasint. not otherwise classified as an explosive, in which none of the ingredients is classified as explosives,
provided that the finished product as mized and packaged for use or shipment cannot be detonated by
means of aN 0. 8 test blasting cap when unconfined. Materials or miztures classified as nitrocarbonitrates
by the Department of Transportation regulations shall be included in this definition.
33
I i
, I
I
{
101-20
LIFE SAFETI'CODE
T
CHAPTER 3 DEFINITIONS
SECTION 3-1 GENERAL
3-1.1 The following terms, for the purposes of this Code,
shall have the meanings given in this chapter, if not otherwise
modified for a specific occupancy.
3-1.2 Words used in the present tense include the future:
words used in the masculine gender include the feminine and
neuter; the singular number includes the plural and the plu-
ral, the singular.
3-1.3 VI'here terms are not defined in this chapter, they shall
have their ordinarily accepted meanings or such as the con-
text implies.
SECTION 3-2 DEFINITIONS
Accessible Area of Refuge. An area of refuge that com-
plies with the accessible route requirements of CABO/ANSI
A117.1, American National Standard for Accessible and Usable
Buildings and Facilities.
Accessible Means of Egress. A path of travel, usable by a
person with a severe mobility impairment, that leads to a pub-
lic wa~ or an area of refuge.
Addition. An extension or increase in floor area or height
of a building or structure.
Aisle Accessway. (See Section 8-1 or 9-1.)
Ambulatory Health Care Center. (See Section 12-1 or 13-1.)
Anchor Store. (See Section 24-101' 25-1.)
Apartment Building. (See Section 18-1 or 19-1.)
Approved. * Acceptable to the authority havingjurisdiction.
Area. ( See Floor A rea.)
Area of Refuge. (See 5-1.2.)
Assembly Occupancy. ( See Section 4-1 and Section 8-1 or 9-1.)
Atrium. A floor opening or series of floor openings con-
necting two or more stories that is covered at the top of the se-
ries of openings and is used for purposes other than an
enclosed stairway; elevator hoistway; escalator opening; or
utility shaft used for plumbing, electrical, air conditioning, or
communication facilities.
Authority Having Jurisdiction. * The organization, office,
or individual responsible for approving equipment, an instal-
lation, or a procedure.
Automatic. Providing a function without the necessity of
human intervention.
Birth Center. * A facility where low risk births are planned
to occur following normal, uncomplicated pregnancy, provid-
ing professional midwifery care to women during pregnancy,
birth, and postpartum.
Bleachers. A grandstand where the seats are not provided
with backrests.
Board and Care. (See Section 22-1 or 23-1.)
Building. Any structUl'e used or intended for supporting
or sheltering any use or occupancy. The term building shall
1997 Edition
....
be construed as if followed by the words "or portions thereof."
(See also Structure.)
Building, Existing. * Any structure erected or officially au-
thorized prior to the effective date of the adoption of this edi-
tion of the Code by the agency or jurisdiction.
Business Occupancy. (See Section 4-1.)
Combustible. Capable of undergoing combustion.
Combustion. A chemical process that involves oxidation
sufficient to produce light or heat.
Common Atmosphere (Educational Occupancies). (See
Section 10-101' 11-1.)
Common Path of Travel. That portion of exit access that
must be traversed before two separate and distinct paths of
travel to two exits are available. Paths that merge are common
paths of travel. Common path of travel is measured in the
same manner as travel distance but terminates at that point
where two separate and distinct routes become available.
Complete Smoke Detection System. (See 7-6.2.7.)
Correctional Occupancy. (See Section 4-1.)
Court. An open, uncovered, unoccupied space, unob-
structed to the sky, bounded on three or more sides by exte-
rior building walls.
Court, Enclosed. A court bounded on all sides by the ex-
terior walls of a building or exterior walls and lot lines on
which walls are allowable.
Covered Mall. (See Section 24-101' 25-1.)
Critical Radiant Flux. The level of incident radiant heat
energy on a floor covering system at the most distant flameout
point as determined by the test procedure of NFPA 253, Stan-
dard Method of Test for Critical Rndiant Flux of FlOD!' Covering
Systems Using a Rndiant Heat Energy Source. The unit of mea-
surement of critical radiant flux is watts pel- square centimeter
(W/sq cm).
Day-Care Home. (See Section 30-101' 31-1.)
Day-Care Occupancy. (See Section 4-1 and Section 30-1 or
31-1.)
Detention Occupancy. (See Section 4-1.)
Direct Exit. ( See Section 14-1 or 15-1.)
Dormitory. (See Section 16-101' 17-1.)
Draft Stop. A continuous membrane used to subdivide a
concealed space to restrict the passage of smoke, heat, and
flames.
Dwelling Unit. A single unit, providing complete, inde-
pendent living facilities for one or more persons, including
permanent provisions for living, sleeping, eating, cooking,
and sanitation.
Educational Occupancy. (See Section 4-1 and Section 10-1 01'
11-1.)
Evacuation Capability. (See Section 22-1 01' 23-1.)
Exhibit. (See Section 8-1 or 9-1.)
Exhibitor. (See Section 8-1 or 9-1.)
~
MIAMI BERCH F.D.
Fax:305-6737881
1. In 1 ~ · OQ
1t;,.nll
D f"!"'l.lf"l,)
Ch. 633 ! FIRE PRE~ENTION AND CONTROL
(b) The plans lor all construction 0 any new, or rene- 533.111 State Fire Marshal 10 keep recordlO'~~
valion or alleration of any existing, sta e-owned building ~ep~ns ~f agents.- The St~te Fire Marshal shall ~""'fi:
are subject to the review and approv I of the Division of In hiS or~lce a record of an flfe.s occurring in Ihi, .~::
State Fire Marshal for compliance with the uniform upon which he had cau~ed an Inve$llgallon to be""'}
flresafety standards prior to comm ncement of con. and all facts concernrng the same. These 10COtd 7.2
struction or c/lange of occupancy, whl h review shalr be obtained or prepared by the State Fire Marshal pu~.h;
completed within 30 calendar days o( receipt of the to his in~estigaTion. include documents. papers, IOllflff.::':
plans by the Division of State Fire M- rshaL data h t h f'f '
(4) The Division of State Fire Ma har may inspect maps, I grams, pes, p oograp s, I ms. Sound teo.'.'~
ordings. and evidence. Th.e.se records are conUdAAtl....~;
s,ate-own0d space and state-teased, space as naces.. VOl..
sary pnor to occupancy or during COf1Struction. renova- and exempt irem the proVISions 01 s. 119.07(1} unlllttlt :.c
lion, or alteration to ascertain compliance with the uni- . investigation is completed or ceases to be activo: 'Of:'~;
form firesafety standards. Whenevel the Division of purposes of this section. an investigation is consldorod':;;
State Fire Marshal determines by virt e of such inspec- "active" while such investigation is being conductod'W.7~
tion or by review of plans that canst ction, renovation. the deoartment with a reasonable, good faith belie I thet:'}
or alteration of stale-owned and stat leased space is it may lead to the ffflng of administrative, civil, or c'lmln"~,:~
nct in compliance with the unifcrmfire afety standards, proceedings. An investigation does not cease !o bi~:::i
the Division of Stale Fire Marshal shall issue an order to active if the department is proceeding with reasonable:;
cease construe lion. renovation. or alt ration, or to pre. dispatch. and there is a good faith belief that action may, .,;:
elude occupancy. ot a building un il compliance is be initiated by the department or other adminislraliv.:Of\:;~
obtalned."e~cePt for those activities rerUired to achieve law enforcement agency. This exemption is SUbject to'~:)
such complrance. the Open Government Sunset Review Act in aCCOld-~;~:
(5) The Division of State Fire Mar~haJ shaH by rule ance with 's. , 19.14. Further, these documents, paper.;::.:
provide a schedule of fees to pay for the costs of lhe letters. maps, diagrams, tapes, photographs. film,; :::
Inspections. whether recurring or h gh hazard. any sound recordings, and evidence relative to tM subject ~~
firesafety review or plans for proposed onstruction, ren- at an investigation shall not be subject to SUbpoena unlN. ';:
ovations, or occupancy. and relate aominlstrallve the investigation is completed or ceases to be aeliv..!:~~
expenses. F unless 1M State Fire Marshal consents, These reeord.:.,~!
HislOl)'.-s. 15. ell. 75-151;..2, t:1l &;-;;:;5: s. 2, en. . 1~3; a, 6. ell. "-:/.3: shall ba mad"'.. dal"ly from tha reports furnished him by hi,' ~:(;.:-
s. 19, ch. UQ"233: 3. 4. C~. 00-359; is. S.d!. 91. 19$: $. 5. en. 276;;, 12, en. 95-:li'9. .
agents or others. Whenever the State Fire Mars~fiff-;!
633.101 Hearings; inYestigatiOIil~; investigatory releases an Investigative report, any person requesting .~";
powers of State Fire Marsha'; costs ohervice and wit" a copy of the report shall pay in advance. and the State
ne5S fee$.- Fire Marshal shall eol/ect in advance, notwithstandIng
(1) The State r:"ire Marshal may in III discrQtion take the provisions of s. 624.501(20)(a) and (b), a (es.of $10
or cause to be taker' the testirnony on 0 th of all persons for the copy of the report. which fee shall be deposited ..
whom he believes (0 be cQgni<:;ant of an facts in relation into the Insurance Commissioner's Regulatory TrlJ$t
to matters under investigation. Fund. The State Fire Marshal may release the report .\.
(2) If he shall be 01 the opinion that ere is sufficient without charge to any state attorney or lO any law
evidence 10 charge any person with an ffense, he shall enforcement agency or fire department assisting in the
cause the arrest of such :Jerson and s If furnish to the investigatio~. '.
prosecuti"g officer of any Court havin jurisdiction of . >Ilelaly.-~. iI. ell ~7'. '941: .. 9. ~. ~::~'6: e. <, ct~. 67-78: :.. 13..~~.
said offense all information obtained b him, including 69-106; s. 3, .h. 70-299. 3 " c1;. 7&-1.9.. <:. en. 85-323. i. 202, eh. 00
'. ell. 9:!-"Z; "IS. ~n !l3-.."76. $. 13, en, 95-379.
a copy of all pertin~nt and material t stimony taken, 'Nole.-
together with tha names and addrssses of all witnesses. A. A_led by .. I. ch. 95-'-"7.
In the conduct of such investigations. he tire marshal B. SectlOn~. ell. lI5-2'I7. ~_l(l.. lnel '[tlJoI..,j'ft".nnllU"lg ~ny o<cWi...... of"~
Ie me conlrarv, ex.t"'plian" I,,,,,, cl>ePl6t 1 '9. Fla"", $161111... or e,",,,,rJ 2Zl6. fIoo
may request such assistance as ma reaSonably be idn S.a'III". ooi,ich "'" I>relCllllN by..... "rill '1$ 3Pl1ClliOlIIIY rnedo OUCI"Cl.':':
. b h tlng off car nd th I Iff. Oc.n Go..t,",",,"l Sun"". Atvt... Act in nccol'Clance ..iU.llCC1lon "9.1.. r
given y sue prosecu i sa 0 er DCa 0 1- Sllltllr.s,."'r1ClI'lUl)I""or"'leW""~""nl.Cl.anc1a'f:I1CI'blO\l"lldbVfhlopl<'
cia Is. ..ron of Ih~l ~e'. nne, OClOCf, '. '995.-
(3) The fire marshal may summon nd compel the HOlI.-rel""";. G3309,
attendance of witnesses before him 10 stify in relatIon
10 any manner which is, by the provisjon~ of this Chapter.
a subject of inquiry and jnvestigaliO~rh. and he may
require the production of any book, pa er or document
deemed pertinenl thereto by him, and. ay sei::ze furni-
ture and other personal proparty lo be 1"\ . Id (or evidel1cQ.
(4) All persons so summoned and s testifying shall
be entitled to the same witness fees andlmileage as pro-
.ided for witnesses lestifying in the circr..\it COurts of this
stale. and officers :'Ierving subpoenas or orders at the
fire ma,shal shall bc; paid in like manner for like services
in slich Courts. from the funds herem ptovided.
tI"IO~,_.. r, "". 20071. ""I.! 9. "II. cl5-2111:. ~. ell; /l7 7H.,,~ 13,:1:..""
u~.101S, .. :;. "~ 10-291:1.
N_,-tur,,.,,,," .;;)308
633.121 Persons authorized to enforce laws and
rules of State Fire Matshal.- The chiefs of county,
municipal, and speCial-district fire departments: other
fire depanmenl perSOnnel designated by their raspec'
tiva chiefs: and p9rsonnel designated by local govem-
ments having no organi7ed fire departments are. author-
i:~ed 10 enforce this law and all rules prescribed by !he
Stale Fire Marshal within their respective jurisclictio~5.
Such personnel acting under the authoriry of this s~ctl?n
Shall be deemed to be agentS of their respective jl;nsd1c-
fions, not agents 01 th~ Slate Fire Marsl1al. cJl.
Hletory.-::. ~. c:n :zQ(j11. '''"''; ..9. eft. ilt.216. ~. 4, en, tl1. 7n. .... lJ.36.
t,,"9 1M. t: 3. th, 70-299. :, ~. en T.;-~": ~ '. CI"I tJO.~1~
H....-r(,lln.. ~. c.o:'.l1.
668
A
T
T
A
C
H
M
E
N
T
7
..
"<1A .....V,J-Ul-.ll 00.1.
,Jurl.l.O ::10 .I.U.';:):;)
r.v.I.
........
:: PREVEN1lON lUREAU
ORGANIZATION 100 .01
· The Fire Prevention ureau shall consist of a Fire Prevention Division Chief, a Fire
Prevention lieutena, , Fire Investigator. Plans examiner, Inspector. and sud'l other
personnel as the Fire. hief may authorize or designated.
, CHIEF OF ARE P
- The Fire Prevention :Chief shall have general charge of fire inspections and fire
investigations within s jurisdiction and shall ascertain that all laws and Ordinances
pertaining to fire safe' or prevention are being complied with_
· Where no local stan . rds exist to cover a given safety problem, applicable standards
published by the' ~ rican Insur~nce Associatiorl'':andlor'''Nationaf: Fire Protedion
association~hall be u. as a guide for safe: practices.
'............ .......-
, The Fire Prevention: ivision Chief shan be responsible to the Assistant Fire Chief
[assigned to their divisj n to whom he shall report and whose order he shall~. V';'
· The ~ire Prevention Oi. sion Chie~ and ~is assistants shan _be assigned by ~ Fire Chief
certain hours of work, b. he and his assistants shall be subJed to call at all tImes for fires
or other emergencies, xcept when on vacation or special leave. .
- \'- d
" The Fire Prevention C- ion Chief shall have headquarters as assigned by the Fire Chief_
'The Fire Prevention 'ivision Chief shaff keep his office and the Fire Department
Dispatcher advised of is movements when out of quar.ters.
~ '" " ".
The Fire. Prevention Oi ision Chief shall assist in plannin~ and directin9 Fire Prevention
activities of the Fire O~ artment - -
[The Fire Prf:!vention Of ,ision Chief smal. make investigations of fires and submit reports
of them to the Fire Chi: _
'-.-
32
. -,..~--- _I_I....,....,..
..,ull J.V JV .I.V......,V
I . V,,"
"--'
'FIRE PREVENTION UREAU (CONTINUED)
1000
CHIEF OF ARE P
NTlON 1000.02 (CONTINUED)
~ The Fire Prevention C iet and his designated assistants shalf respond to extra aJanns of 1
L~re,as requested, and: execute the orders. of the~'chief. Fire Officet(" charge of the fireJ
The Fire Prevention hief shall issue bulletins, as needed, regarding matters of Fire
Prevention and shall rvise the keeping of all records pertaining to the Fire Prevention
Bureau.
The Fire Pr!vention hief shall make such reports to the Fire Chief, or other proper
authority, as may be ecessary to acquaint such authorities of the adivities of the Fire
Prevention Bureau.
"fhe Fire Prevention hief shall prepare a budget and administer allotted monies to
purchase needed ilemf in accordance with proper purchase procedures.
',.
--
DISCIPLINE 1000.03
[The Flt.e ~v~i'I" B';: u shall ~ ~ 'rules'.and ~ulalionsr .subject to the approvall
. of the Fire' Chief, to", . vam the op~rations. of the Fire Prevention Bureau as may ~
necessary to maintain : iscipline and efficiency.
-
[The rules and regulati s.so made shan not be' in .conflict with the Fire Department RUles]
and Regulations.
GENERAL 1000.04
r~ ~ F.;/fe Prevention C
Chief may prescnbe.
--- ,
Members assigned as I
the objectives desired
being firm but always
'-
\'i::1
ief and his assistants shall perfonn such other duties as the F~
shalf perfonn the assignment with a clear conception of
in such a manner as to reflect credit upon the Fire Department,
urteous_
33
A
T
T
A
C
H
M
E
N
T
..
8
GENERAL
101-17
NFPA 10~
Code for Safety to Life from Fire
in Buildings and Structures
1997 Edition
NOTICE: An asterisk (*) following the number or letter des-
ignating a paragraph indicates that explanatory material on
the paragraph can be found in Appendix A.
Information on referenced publications can be found in
Chapter 33 and Appendix B.
CHAPTER 1 * GENERAL
SECTION I-I TITLE
1-1.1 Title. NFPA lOl~ Code for Safety to LifefromFire in Build-
ings and Structures, shall be known as the Life Safety Code, is
cited as such, and shall be referred to herein as "this Code" or
"the Code."
SECTION 1-2 SCOPE
I~.I This Code addresses life safety from fire. Its provisions
will also aid life safety in similar emergencies.
1-2.2* The Code addresses those construction, protection,
and occupancy features necessary to minimize danger to life
from fire, including smoke, fumes, or panic.
1-2.3 The Code identifies the minimum criteria for the de-
sign of egress facilities so as to permit prompt escape of occu-
pants from buildings or, where desirable, into safe areas
within buildings.
1-2.4 The Code recognizes that life safety is more than a mat-
ter of egress and, accordingly, deals with other considerations
that are essential to life safety.
1-2.5 Vehicles, vessels, or other similar conveyances, as de-
fined in Section 32-6, shall be treated as a bUilding.
1-2.6 The Code does not attempt to address all those general
fire prevention or building construction features that are nor-
mally a function of fire prevention and building codes.
1-2.7 The prevention of personal injuries incurred by an in-
dividual's own negligence, and the preservation of property
from loss by fire have not been considered as the basis for any
of the provisions of this Code.
SECTION 1-3* APPLICATION
1-3.1 New and Existing Buildings. The Code applies to both
new construction and existing buildings. In various chapters
there are specific provisions for existing buildings that might
differ from those for new construction.
1-3.2 Time Allowed for Compliance. A limited but reason-
able time shall be allowed for compliance with any part of this
Code for existing buildings commensurate with the magnitude
of expenditure, disruption of sen.-ices, and degree of hazard.
1-3.3 Authority HavingJurisdiction. The authority having
jurisdiction shall determine the adequacy of means of egress
and other measures for life safety from fire in accordance with
the provisions of this Code.
1-3.4* Modification of Requirements for Existing Build-
ings. The requirements for existing buildings shall be peI'-
mitted to be modified if their application clearly would be im-
practical in the judgment of the authority having jurisdiction,
but only where it is clearly evident that a reasonable degree of
safety is provided.
1-3.5 Referenced Publications. Existing buildings or instal-
lations that do not comply with the provisions of the refer-
enced standards contained in this document (see Chapter 33)
shall be permitted to be continued in service provided the
lack of conformity with these standards does not present a se-
rious hazard to the occupants as determined by the authority
having jurisdiction.
1-3.6 Additions. Additions shall conform to the provisions
for new construction.
1-3.7* Modernization or Renovation. Any alteration or any
installation of new equipment shall be accomplished as nearly
as practicable with the requirements for new construction.
Only the altered, renovated, or modernized portion of an ex-
isting building, system, or individual component shall be re-
quired to meet the provisions of this Code applicable to new
construction. If the alteration, renovation, or modernization
adversely impacts required life safety features, additional up-
grading shall be required. Existing life safety features that do
not meet the requirements for new buildings, but exceed the
requirements for existing buildings. shall not be diminished
further. In no case shall the resulting life safety features be
less than those required for existing buildings.
1-3.8 Priority of Chapter Requirements. Where specific re-
quirements contained in Chapters 8 through 32 differ from
general requirements contained in Chapters 1 through 7, the
requirements of Chapters 8 through 32 shall govern.
1-3.9 Provisions in Excess of Code Requirements. Nothing
in this Code shall be construed to prohibit a better type of
building construction, additional means of egress, or other-
wise safer conditions than those specified by the minimum re-
quirements of this Code.
1-3.10 Conditions for Occupancy. No new construction or
existing building shall be occupied in whole or in part in vio-
lation of the provisions of this Code.
Exception: BuiMings shall be permitted to remain in use, provided that
(a) A plan of correction has been approved, and
(b) The occupancy classification remains the same, and
(c) No serious life safety haz.ard exists as judged fry the authority
having jurisdiction.
1-3.11 Construction, Repair, and Improvement Operations.
I-3.lI.1 * Buildings or portions of buildings shall be permit-
ted to be occupied during construction, repair, alterations, or
additions only if all required means of egress and all required
fire protection features are in place and continuously main-
tained for the portion occupied.
1-3.11.2* In buildings under construction, adequate escape
facilities shall be maintained at all times for the use of con-
struction workers. Escape facilities shall consist of doors, walk-
ways, stairs, ramps, fire escapes, ladders, or other approved
means or devices arranged in accordance with the general
principles of the Code insofar as they can reasonably be ap-
plied to buildings under construction.
1997 Edition
I
i
I
:......1'
:1
j,
101-18
LIFE SAFETYCOOE
1-3.lI.3 Flammable or explosive substances or equipment for
repairs or alterations shall be permitted in a building of nor-
mally low or ordinary hazard classification while the building is
occupied only if the condition of use and safeguards provided
do not create any additional danger or impediment to egress
beyond the normally permissible conditions in the building.
1-3.12* Changes of Occupancy. In any building or struc-
ture, whether necessitating a physical alteration or not, a
change from one occupancy classification to another, or from
one occupancy subclassification to another subclassification
of the same occupancy, shall be permitted only if such struc-
ture, building, or portion thereof conforms with the require-
ments of this Code applying to new construction for the
proposed new use.
Exception: Where specifically permitted elsewhere in the Code, exist-
ing construction features shall be permitted to be continued in use in
conversions.
1-3.13 Maintenance and Testing.
1-3.13.1 Whenever or wherever any device, equipment, sys-
tem, condition, arrangemen t, level of protection, or any other
feature is required for compliance with the provisions of this
Code, such device, equipment, system, condition, arrangement,
level Qf protection, or other feature shall thereafter be con tin-
uously maintained in accordance with applicable NFPA re-
quirements or as directed by the authority having jurisdiction.
1-3.13.2* Existing life safety features such as, but not limited
to, automatic sprinklers, fire alarm systems, standpipes, and
horizontal exits, if not required by the Code, either shall be
maintained or removed.
1-3.13.3 Equipment requiring periodic testing or operation
to ensure its maintenance shall be tested or operated as speci-
fied elsewhere in this Code or as directed by the authority hav-
ing jurisdiction.
1-3.13.4 Maintenance and testing shall be under the super-
vision of a responsible person who shall ensure that testing
and maintenance are made at specified intervals in accor-
dance with applicable NFPA standards or as directed by the
authority having jurisdiction.
SECTION 1-4 PURPOSE
(
1-4.1 The purpose of this Code is to provide minimum re-
quirements, with due regard to function, for the design, oper-
ation, and maintenance of buildings and structures for safety
to life rom fire. Its provisions will also aid life safety in similar
emer. encies.
'}
:[
j
Ii
,I
t
.,
1 .2* An objective of this Code is to protect the occupants
not intimate with the initial fire development from loss of life
and to improve the survivability of those who are intimate
with the fire development.
1-4.3* Protection of occupant~ is achieved by the combination
of prevention, protection. egress, and other features with due
regard to the capabilities and reliability of the features involved.
1-4.4 The Code endeavors to avoid requirements that might
involve unreasonable hardships or unnecessary inconvenience
if
I
11
;1
f
I
=
!
:i
"f
"
1997 Edition
or interference with the normal use and occupancy ofa build-
ing, but provides for fire safety consistent \\~th the public
interest.
SECTION 1-5 ASSUMPTION
1-5.1 The protection methods assume a single fire source.
SECTION 1-6 EQUIVALENCY
1-6.1 * Nothing in this Code is intended to prevent the use of
calculation methods, test methods, systems, methods, or de-
vices of equivalent or superior quality, strength, fire resis-
tance, effectiveness, durability, and safety as alternatives to
those prescribed by this Code, provided technical documenta-
tion is submitted to the authority having jurisdiction to dem-
onstrate equivalency and the system, method, or device is
approved for the intended purpose.
"f'
c':.
1-6.2* Alternative systems, methods, or devices approved as
equivalent by the authority having jurisdiction shall be recog-
nized as being in compliance with this Code.
~;.'.
~..
t.
f
J
SECTION 1-7* FIRE EXIT DRILLS
1-7.1 Fire exit drills conforming to the provisions of this
Code shall be conducted regularly in occupancies where speci-
fied by the provisions of Chapters 8 through 32, or by appro-
priate action of the authority having jurisdiction. Drills shall
be designed in cooperation with the local authorities.
1-7.2* Fire exit drills, where required by the authority having
jurisdiction, shall be held with sufficient frequency to familiar-
ize occupants with the drill procedure and to have the con-
duct of the drill a matter of established routine. Drills shall
include suitable procedures to ensure that all persons in the
building or all persons subject to the drill actually participate.
1-7.3 Responsibility for the planning and conduct of drills
shall be assigned only to competent persons qualified to exer-
cise leadership.
1-7.4 In the conduct of drills, emphasis shall be placed on
orderly evacuation under proper discipline rather than on
speed.
1-7.5* Drills shall be held at expected and unexpected times
and under varying conditions to simulate the unusual condi-
tions that occur in the case of fire.
t..
if~'
SECTION 1-8 UNITS
1-8.1 Metric units of measurement in this Code are in accor-
dance with the modernized metric system known as the Inter-
national System of Units (51).
1-8.2 If a value for measurement as given in this Code is fol-
lowed by an equivalent value in other units, the first stated
shall be regarded as the requirement. A given equivalent
value may be approximate.
1-8.3 The conversion procedure for the SI units has been to
multiply the quantity by the conversion factor and then round
the result to the appropriate number of significant digits.
,
~
-
t
f
--
FUNDAMENTAL REQUIREMENTS
101-19
CHAPTER 2 FUNDAMENTAL
REQUIREMENTS
2-1'" Every building or structure, new or old, designed for
human occupancy shall be provided with means of egress and
other safeguards sufficient to permit the prompt escape of oc-
cupants or shall furnish other means to provide a reasonable
degree of safety for occupants. The design of means of egress
and other safeguards shall be such that reliance for safety to
life will not depend solely on any single safeguard; additional
safeguards shall be provided for life safety in case any single
safeguard is ineffective due to human or mechanical failure.
2-2 Every building or structure shall be constructed, ar-
ranged, equipped, maintained, and operated to avoid undue
danger to the lives and safety of its occupants from fire,
smoke, fumes, or resulting panic during the perioQ of time
reasonably necessary for escape from the building or struc-
rure or for that period of time needed to defend in place.
2-3 Every building or structure shall be provided with means
of egress and other safeguards of kinds, numbers, locations.
and capacities appropriate to the individual building or struc-
rure, with due regard to the character of the occupancy, the
capabilities of the occupants, the number of persons exposed,
th.f fire protection available, the height and type of construc-
tion of the building or structure, and other factors necessary
to provide all occupants with a reasonable degree of safety.
2-4 In every building or structure, means of egress shall be
arranged and maintained to provide free and unobstructed
egress from all parts of the building or structure at all times
when it is occupied. No lock or fastening shall be installed to
prevent free escape from the inside of any building. Means of
egress shall be accessible to the extent necessary to ensure
reasonable safety for occupants having impaired mobility.
Exception: Locks shall be permitted in mental health, detention, or
correctional facilities where supervisory personnel are continually on
duty and effective provisions are made to remove occupants in case of
fire or other emergency.
2-5 Every exit shall be clearly visible, or the route to reach
every exit shall be conspicuously indicated in such a manner
that every occupant of every building or structure who is phys-
ically and mentally capable will readily know the direction of
escape from any point. Each means of egress, in its entirety,
shall be arranged or marked so that the way to a place of
safety is indicated in a clear manner. Any doorway or passage-
way that is not an exit or a way to reach an exit, but is capable
of being confused with an exit, shall be arranged or marked
to prevent occupant confusion with acceptable exits. Every ef-
fort shall be taken to avoid occupants mistakenly traveling
into dead-end spaces in a fire emergency.
2-6 Where artificial illumination is required in a building or
structure, egress facilities shall be included in the lighting de-
sign in an adequate and reliable manner.
2-7 In every building or structure of such size, arrangement,
or occupancy that a fire itself might not provide adequate oc-
cupant warning, fire alarm facilities shall be provided where
necessary to warn occupant~ of the existence of fire. Fire
alarms alert occupants to initiate emergency procedures and
facilitate the orderly conduct of fire exit drills.
2-8 Two means of egress, as a minimum, shaH be provided in
every building or structure, section, and area where size, oc-
cupancy, and arrangement endanger occupants attempting to
use a single means of egress that is blocked by fire or smoke.
The two means of egress shall be arranged to minimize the
possibility that both might be rendered impassable by the
same emergency condition.
2-9 Every exit stair, exit ramp, and other vertical opening be-
tween floors of a building shall be suitably enclosed or pro-
tected, as necessary, to afford reasonable safety to occupants
while using means of egress and to prevent spread of fire,
smoke, or fumes through vertical openings from floor to floor
before occupants have entered exits.
2-10* Compliance with this Code shall not be construed as
eliminating or reducing the necessity for other provisions for
safety of persons using a structure under normal occupancy
conditions. Also, no provision of the Code shall be construed
as requiring or permitting any condition that might be haz-
ardous under normal occupancy conditions.
1997 Edition
(A) Whenever a violation of this Article or of the South Florida Fire Prevention Code or of a 1
stringent municipal fire safety standard, occurs or exists, any person, individually or otherwise, wh %
a legal, beneficial or equitable interest in the facility or instrumentality causing or contributing to the, ~ ~
tion or who has a legal, beneficial, or equitable interest in the real property upon which such facDi 0
instrumentality is located shaD be jointly and sevexally liable for said violation regardless of fault
regardless of knowledge of the violation. This provision sha11 be construed to impose joint and Be d .
liability, regardless of fault and regardless of knOWledge of the violation, upon aD persons, individ ep<,
or otherwise, who. although no longer having any such legal, beneficial or equitable interest in said f ::-:
ty or instrumentality or real property. did have such an interest at any time during which such viol d b
existed or occ11I1'ed or continued to exist or to occur. This provision shaD be liberally construed and e f C
be retroactively applied to protect the public health, safety, and welfare and to accomplish the purp. 0 (
of this Article and the South Florida Fire Prevention Code.
See. 14-52. Criminal Penalty.
ofthl
ofth
If any person shall fail or refuse to obey or comply with. or violates any of the provisions of this;).
cle or of the South Florida Fire Prevention Code or of a more stringent fire safety standard or any la~:
order of the chief fire code enforcement official of the jurisdiction, or his designee, or any lawful Q
of the South Florida Fire Prevention Code Enforcement Omcer, or his designee, or any condition, JiJ
tion or restriction which is part of a pennit issued or rendered under and pursuant to this Article 01
.. South Florida Fire Prevention Code, such person, upon conviction of such offense, shall be punish.
a fine not to exceed five hundred dollam ($SOO.OO), or by imprisonment not to exceed sixty (60) days if
county jail, or both in the discretion of the court. Each day of each continued violation shall be considf
as a separate offense.
t
r
r:
t
t
.~
c
Co
See. 14-53. Permits.
r.
c.
(A) No person shaD operate, utilize or occupy, or cause, allow, let, permit or suffer to be open
utilized or occupied any facility, instrumentality or real property, in the unincorporated or incorpor.
areas of Dade County, which is required to obtain a permit issued by the fire de,partment having juris
tion pursuant to this Article or the South Florida Fire Prevention Code without"such a valid pennit I
violation of any condition, limitation or restriction which is pan of such a permit. -.... .
v
r.
t:
c
(B) The criterion for issuan.ce of a permit by the fire department having jurisdiction shaD be c
pliance with the provisions of this Article, the South Florida Fire Prevention Code or, within a murticipl; ( . .
any fire safety standarcis adopted by a municipality which are more stringent than the fire safety standi. than.
in this Article or in the South Florida Fire Prevention Code, or in the rules and regulations of the State Ie; tion:
Marshal, as all of same may be amended from time to time. The fire department having jurisdiction!::'
require conditions. limitations and restrictions as pan of any pennit if said conditions, limitations, or reG.
tions are consistent with this Article, the South Florida Fire Prevention Code, and, within a municipi;n ,;:" 1,
any fire safety standards adopted by a municipality which are more stringent than the fire safety stan~;;e ~~t;
in this Article or in the South Florida Fire Prevention Code, or in the rules and regulations of the State~:a COZlS
Marshal, as all of same may be amended from time to time. i~; oIthE
t... tion.
(C) The fire department having jurisdiction may deny the issuance of, suspend or revoke anyf:i~
mit for failure to comply with the provisions of this Article, the South Florida Fire Prevention Code or, _1''1:'' 1..~
a mUnicipality, any fire safety standards adopted by a municipality which are more stringent than the f"ftr1n
safety standards in this Article, or in the South Florida Fire Prevention Code. or in the rules and re ~,..~ :
tions of the State Fire Marshal, as aD of same may be amended from time to time. :n~i~t '
::!Ik..:~.
(0) The fire department having jurisdiction may deny the issuance of any such permit or reVl."; ,c:e.
or suspend any such permit for failure to comply with the conditions, limitations and restrictions of~' ~~~
such pennit. r~ 1ft
10
!"",:~,,..
:ion,
:icle <
(E) No such permits shall be required for the aforesaid facilities, instrumentalities and real proper-
xisting on the effective date of this section until one hundred twenty 020) days from the effective date
lYe .
of thiS sectlon.
(F) JU1 applications for permits pursuant to this section shall be on a fonn prescribed by the fire
ent having jurisdiction and accompanied by the required fee. The fees shall be established by
d~tive order of the County Manager and approved by the Board. of County Commissioners for per-
:uu within the jurisdiction of the Metropolitan Dade County Fire Department The fees shall be establish-
d by the governing body of the City of Miami Beach. the City of Miami. the City of Hialeah and the City
~f Coral Gables for such permits within the respective jurisdictions of the aforesaid municipalities.
(G) The pennit fees payable hereunder shall be deposited in a separate county fund, or, in the case
of the aforesaid municipalities, in separate municipal funds, to be used exclusively by the fire department
of the jurisdiction to pay for the costs of the .following:
(1) Investigation, preparation. and prosecution of civil and criminal actions, PUISUant to this Ar-
ticle or the South Florida Fire Prevention Code, to enforce the provisions of this Article, the South Florida
Fire Prevention Code and, in the case of the aforesaid municipalities, fire standards adopted by the
municipality which are more stringent than the provisions in this Article, the South Florida Fire Preven-
tion Code, or the rules and regulations of the State Fire Marshal, as all of same may be amended from
time to time.
.. (2) Monitoring, permitting, and inspection of facilities, instrumentalities, and real property to
determine and to seek to insure compliance with this Article, the South Florida Fire Prevention Code,
and, in the case of the aforesaid municipalities, fire standards adopted by the municipality which are
more stringent than this Article, the South Florida Fire Prevention Code, or the rules and regulations
of the State Fire Marshal, as all of same may be amended from time to time.
(3) Responding to and attempting to resolve citizen complaints against violations or possible
violations of this Article, the South Florida Fire Prevention Code, and, in the case of the aforesaid
municipalities, fire standards adopted by the municipality which are more stringent than this Article,
the S:)uth Florida Fire Prevention Code, or the rules and regulations of the State Fire Marshal, as all
of same may be amended from time to time.
(4) Fire safety and prevention planning, protection, and programming.
(H) No part of such separate county and separate municipal funds shall be used for purposes other
than the aforesaid. The amount of said fees shall be reasonably related to the cost of the services and regula-
tion provided..
Sec. 14-53.1. Plan Review.
(A) No county or municipal officer, agent, employee, agency, or board shall issue any pennit for
construction, erection, alteration, repair, or demolition until the chief building code enforcement official
of the jurisdiction, or his designee, in conjunction with the chief fire code enforcement official of the jurisdic-
tion, or his designee, has reviewed the plans and specifications for such proposal and both of the aforesaid
code enforcement officials, or their designees, have determined that the plans are in compliance with the
~outh Florida Building Code, the South Florida Fire Prevention Code, this Article, the roles and regula-
tions of the State Fire Marshal, and any fire safety standards adopted by the municipality which are more
stringent than the fire safety standards in this Article, the South Florida Fire Prevention Code, or the rules
and regulations of the State Fire Marshal, as all of same may be amended from time to time.
(B) Any building or structure which is exempt from the county or municipal building permit pro-
Cess shall not be required to have its plans reviewed pursuant to (A) above.
(C) Industrial constrUction on sites where desiO'll, construction, and fire safety are supervised by
11
!""""'""
appropriate design and inspection professionals and which contain adequate in-house fire de~ prevent
and rescue squads shall not be exempt from review of plans and inspections. i .ntten,
{ .
..pali hall .. al. d I Prevent
(0) The county or mumcI ty s ISSUe a pernut to construct, erect, ter, repcur, or ~ltl who eXE
any building where the plans and specifications for such proposal comply with the South Florida Buil and atto
Code, the South Florida Fire PrSV8ntion Code, this Article, the rules and regulations of the State Fire and whc
and any fire safety standards adopted by the municipality which are more stringent than the fire 'violatiOI
standards in this Article, the South Florida Fire Prevention Code, or the rules and regulations of the, and in tJ
Fire Marshal, as an of same may be amended from time to time. i; fire cod
\ Officer,
to revie'l"
board, (
(E) The chief building code enforcement official of the jurisdiction, or his designee, shaD 1'8
of every threshold building that all plans for the building which are required to be signed and seale
the architect or engineer of record contain a statement that, to the best of the architect's or engin
knowledge, the plans and specifications comply with the South Florida Building Code, the South FJ'
Fire Prevention Code, this Article, the rules and regulations of the State Fire Marshal, and any fire
standards adopted by the municipality which are more stringent than the fire safety standards in this,
cle, the South Florida Fire Prevention Code, or the rules and Jegulations of the State Fire Marshal, 11;.'1
of same may be amended from time to time. ::'
SE
(}.
in favor
South F
or the S
(F) Nothing in this section shall be construed to alter or supplement the provisions of pan n . fire cod
Chapter 553, Fla. StaL, relating to factory-built housing. i,. Enforce
ohhe c
(G) One and two family detached residential dwelling units shall not be subject to plan reviel+' Prevent
the chief fire code enforcement official of the jurisdiction, or his designee. chief fir
;, Fire Pre
(H) One and two family detached residential dwelling units shall be subject to inspection byl" so awar
chief fire code enforcement official of the jurisdiction, or his designee, or by the South Florida Fire Prer(l in the c
tion Code Enforcement Officer, or both, pursuant to Chapter 633, Fla. StaL, this Article, the South Flor by the c
Fire Prevention Code, or as provided by law, as all of same may be amended from time to time. South F
South F
rection
Code 0
porary
chief fu
tion Co
tion Co
ota co:
tion, or
fees sh
Sec. 14-54. Consent Agreements.
(A) The chief fire enforcement official of the jurisdiction, or his designee, may, in the Official"'..,
his designee's discretion, and the South Florida Fire Prevention Code Enforcement Officer, may, inl
Officer's discretion, terminate an investigation or an action commenced under the provisions of this A
cIe or the South Florida Fire Prevention Code upon execution of a WIitten consent agreement betwf
the chief fire enforcement official of the jurisdiction, or his designee, or the South Florida Fire Preveni
Code Enforcement Officer, and the persons who are the subject of the investigation or action. The 0
sent agreement shall provide WIitten assurance of voluntary compliance by said persons with the applict,
provisions of this Article. the South Florida Fire Prevention Code, and, in the case of a municipality, I
safety standards adopted by the municipality which are more stringent than the provisions in this Ar1i'
the South Florida Fire Prevention Code, or rules and regulations of the State Fire Mamhal, as an of sa! ~ , ,
may be amended from time to time. The consent agreement may, in the discretion of the chief fire ck :!:.. ,~. (l
enforcement official, or his designee, or, in the discretion of the South Florida Fire Prevention Codel~' of the I
forcement Officer, provide the fonewing: posting of a surety, bond, or other security to assure compJiad!.O: Inunici:
costs and expenses of the fire department having jurisdiction or of the South Florida Fire Prevention c;!1: ;l1nend,
Enforcement Officer for investigation, enforcement, testing, monitoring, and litigation, including attord:;t 8Uant te
fees; civil penalties: remedial or corrective action. An executed written consent agreement shaD nolF;. tlzne to
evid~l!ce ~f a prior viol~ti~n of ~ Article, the South Florida Fire Prevention Code, or, in the case ~ll ';,~1rfu1 ~
mumclpa!ity, of any mumclpal ordinance. Such consent agreement shaD not be deemed to imposed ',) p. addi
limitation upon any investigation or action of the South Florida Fire Prevention Code Enforcement O~I!,_ 11'e Pr
or chief fire code enforcement official of the jurisdiction, or his designee, in the enforcement of this }J Ih, South f
cle, the South Florida Fire Prevention Code or, in the case of a municipality, any municipal ordinance. 1 :"':7i;\: "
consent agreement shall not constitute a waiver of or limitation upon the enforcement of any federal, 5f. .r.,- ,
or local laws and ordinances. Executed written consent agreements are hereby deemed to be lawful orcft.:'t~', ner
of the chief fire code enforcement official of the jurisdiction, or his designee, or of the South Florida ~ of: ,
12
s
3101 L
'8Storage
ige
iucts
d '!ester
sives,
:h he~ '
:reet
Insd
:orth
See. 14-60 Submission to Legislature
(A) The Dade County Board of Rules and Appeals is hereby directed to send a certified copy of
this Article and a certified copy of the South :norida Fire Prevention Code to the Legislature of the State
of Florida on the effective date of this ordinance.
See. 14-61 Search Wanants
(A) The chief fire code enforcement officials of all the jurisdictions in Dade County, :norida, having
fire safety responsibilities, or their respective designees. and the South Florida Fire Prevention Code
Enforcement Officer, or his designee, are hereby authorized and empowered to seek all search warrants
reasonable and necessary to carry out their respective responsibilities, powers and duties set forth in
this Article and the South Florida Fire Prevention Code in accordance with the requirements of the Con-
stitutions of the United States of America and the State of :norida.
See. 14-62 Inspections; Inspection Warrants
(A) kri duly authorized representative of the chief fire code enforcement official of the jurisdic-
tion, or his designee, or the South :norida Fire Prevention Code Enforcement Officer, may, at any reasonable
time, enter, monitor, sample, test, and inspect, as often as may be necessary, any property, premises,
building or place, public or private, residential or non-residential, owner-occ:upied or non~er occupied,
within the jurisdiction, for the purpose ot ascertaining and causing to be corrected any conditions which
may cause or contribute to a fire; or which conditions may endanger life and property due to fire; to
enforce the provisions of this Article, the South :norida Fire Prevention Code, the rules and regulations
of the State Fire Marshal, and any municipal ordinance containing fire safety standards which are more
stringent than the foregoing; and to investigate the cause, origin, circumstances of every fire occurring
within the jurisdiction which is suspicious in nature or which involves the loss of life or injury to persons
or by which propeny has been damaged.
1
(B) No person shall refuse reasonable entry or access to the duly authorized representative who
requests entry for any of the purposes set forth in (A) above and who presents appropriate credentials
identifying himself.
(C) No person shall obstruct, hamper, or interfere with any such inspection, entry, monitoring,
testing, or sampling.
(D) An inspection, entry, monitoring, testing and sampling, pursuant to this section may be con-
ducted only after:
(1) Consent for the entry, inspection, testing, monitoring and sampling is received from the owner
or person in charge of the property, building, premises or place; or
(2) An inspection warrant as provided in this section or by law is obtained..
(E) An inspection warrant as authorized by this Article may be issued by a judge of any county
court or circuit coun of this State which has jurisdiction of the place or thing to be searched.
Ii (F) Upon proper affidavit being made, an inspection warrant may be issued pUISuant to the provi-
OIlS of this Article for the following causes shown: .
(1) When it is reasonable to beli8'V8 that the properties or items to be inspected may be connected
i stan with or contain evidence of the violation of any of the provisions of this Article, the South Florida
:uant Fire Prevention Code., the rules and regulations of the State Fire Marshal, or any fire safety
standard of a municipality which is more stringent than the foregoing; or
23
A
T
T
A
C
H
M
E
N
T
-.
9
FIRE PREVENTION
!i 14-41
shall extend to both the actual violator and to the
person or persons, firm or corporation causing,
directing or permitting such violation.
(Ord. No. 66-24, ~ 8, 6-7-66)
Sec. 14-29. Burden of proof.
In any prosecution brought under the provi-
sions of this article it shall not be necessary for
the State or plaintiff to allege and prove absence
of the right or authority of the defendant to set or
cause to be set fire, but such right and authority
shall be a matter of affirmative defense to be al-
leged and proved by the defendant.
(Ord. No. 66-24, ~ 9, 6-7-66)
Sec. 14-30. Forestry or fire control signs, pen-
.. alty for mutilating or destroying.
Whoever intentionally breaks down, mutilates,
removes or destroys any fire control or forestry
sign or poster of the State Board of Forestry erected
in the administration of its lawful duties and au-
thorities shall be guilty of an offense and shall be
subject to imprisonment not exceeding sixty (60)
days, by fine not exceeding two hundred dollars
($200.00), or by both such fine and imprisonment.
(Ord. No. 66-24, ~ 10, 6-7-66)
Sec. 14-31. Reserved_
Editor's note-Ord. No. 87-89, !i 2, adopted Dec. IS, 1987,
repealed ~ 14-31, relative to the prosecution of article viola.
tions in metropolitan court, which derived from Ord. No. 66-24,
!i 11, adopted June 7,1966.
Sec. 14-32. Article provisions declared sup-
plemental.
The provisions of this article are not intended
and shall not be construed as superseding or con-
flicting with any statutory provisions relating to,
or rules and regulations promulgated by the
Florida Board of Forestry, but shall be construed
as implementing and assisting the enforcement
thereof.
(Ord. No. 66-24, ~ 14, 6-7-66)
Secs. 14-33-14-39. Reserved.
ARTICLE III. SOUTH FLORIDA FIRE
PREVENTION CODE*
Sec. 14-40. Short title; adoption by reference;
applicability.
(A) The South Florida Fire Prevention Code is
hereby adopted by reference as if fully set forth
herein, as said code may be amended from time to
time.
(B) The South Florida Fire Prevention Code
may hereinafter be referred to as the "S.F.F.P.C."
(C) The S.F.F.P.C. as amended from time to
time, and this article, as amended from time to
time, shall be applicable in both the incorporated
and unincorporated areas of Dade County, Florida.
All references in this article to the S.F.F.P.C. and
this article shall be deemed respectively to refer
to the S.F.F.P.C. as amended from time to time
and this article as amended from time to time. All
references in this article to the South Florida
Building Code shall be deemed to refer to the
South Florida Building Code as amended from
time to time.
(Ord. No. 87-89, ~ 3, 12-15-87)
Sec. 14-41. Intent; construction.
(A) The intent of this article and the S.F.F.P.C.
is to protect the public health, safety and welfare
by prescribing minimum standards for fire pre-
vention and safety.
(B) This article and the S.F.F.P.C. are hereby
determined to be remedial and essential to pro-
tect the public health, safety, and welfare.
*Editor's note-Ord. No. 87-89, !i I, adopted Dec. 15, 1987,
repealed the Dade County Fire Prevention and Safety Code
and !i 2 of said ordinance enacted the South Florida Fire Pre-
vention Code. Ord. No. 87-89, !i 3, adopted Dec. IS, 1987,
amended Art. III, relative to the Dade County Fire Prevention
Code, in its entirety to read as herein set out. Formally, Art.
III was composed of!i!i 14.40-14-47 as derived from Ord. No.
66-31,!i!i 1-8, adopted July 26,1966; Ord. No. 68.6,!i I, adopted
Feb. 6, 1968; and Ord. No. 78.30, !i!i 1, 2, adopted April 18,
1978.
Cross references-Building code, Ch. 8; explosives, Ch.
13.
State law reference-Minimum fire safety standards, F.S.
!i 633.025.
1993
A
T
T
A
C
H
M
E
N
T
..
10
Section 633.025
Page 1 of 4
1633.025 Minimum firesafety standards.--
(1) Each municipality, county, and special district with firesafety responsibilities shall adopt
minimum firesafety standards which shall operate in conjunction with the state minimum building
cooe adoptea by sucb1OC8fjurisdiction as required by s. 553.73. The minimum firesafety standards
shall not apply to buildings and structures subject to the uniform firesafety standards under s.
633.022 and buildings and structures subject to the minimum firesafety standards adopted pursuant
to s. 394.879.
(2) Pursuant to subsection (1), each municipality, county, and special district with firesafety
responsibilities shall adopt and enforce the codes specified in paragraph (a), paragraph (b),
paragraph (c), or paragraph (d) as the minimum firesafety code:
(a) The Standard Fire Prevention Code, 1985 edition or subsequent edition, as adopted by the
Southern Building Code Congress International.
(b) The EPCOT Fire Prevention Code.
(c) The National Fire Protection Association (NFPA) Pamphlet 1, 1985 edition or subsequent
eaition.
~d) The South Flori~~ire Prevention Code, subject to the provisions of subsection (4).
(3) In addition, each municipality, county, and special district with firesafety responsibilities shall
adopt National Fire Protection Association (NFP A) 101, Life Safety Code, 1985 edition or
subsequent edition, as part of the minimum firesafety code.
(4) It is the intent of the Legislature that a South Florida Fire Prevention Code be promulgated as
a further option to counties, municipalities, and special districts with firesafety responsibilities as an
alternative to the firesafety codes specified in paragraphs (2)(a), (b), and (c). In: the event that an
appropriate South Florida Fire Prevention Code is submitted by the Broward County Board of
Rules and Appeals or the Dade County Board of Rules and Appeals to the Legislature by March 1,
1988, such code or codes shall be deemed to be an alternative to the firesafety codes specified in
paragraphs (2)(a), (b), and (c) as of July 1, 1988, unless the Legislature expressly prohibits the use
of such code. Until July 1, 1988, Dade and Broward Counties may use the firesafety standards
within their current Fire Prevention Code as an alternative. In the event Dade or Broward County
fails to adopt a South Florida Fire Prevention Code as of July 1, 1988, then such county shall be
subject to subsections (2), (3), and (6).
(5) Such codes shall be minimum codes and a municipality, county, or special district with
firesafety responsibilities may adopt more stringent firesafety standards. Such county, municipality,
or special district may establish alternative requirements to those requirements which are required
under the minimum firesafety standards on a case-by-case basis, in order to meet special situations
arising from historic, geographic, or unusual conditions, if the alternative requirements result in a
level of protection to life, safety, or property equal to or greater than the applicable minimum
firesafety standards. For the purpose of this subsection, the term "historic" means that the building
or structure is listed on the National Register of Historic Places of the United States Department of
the Interior.
/0
Section 633.025
Page 2 of4
(6) The minimum firesafety standards that counties, municipalities, and special districts are
required to adopt pursuant to this section shall be adopted by January 1, 1988. No municipality or
county or special district shall be required to amend an ordinance which presently complies with this
section. In the event that any such local governmental entity fails to adopt minimum firesafety
standards by January I, 1988, the minimum firesafety standards shall consist of the Standard Fire
Prevention Code, 1985 edition, and National Fire Protection Association (NFPA) 101, Life Safety
Code, 1985 edition.
(7) The new building or structure provisions enumerated within the firesafety code adopted
pursuant to this section shall apply only to buildings or structures for which the building permit is
issued on or after January 1, 1988. Subject to the provisions of subsection (8), the existing building
or structure provisions enumerated within the firesaf~ty code adopted pursuant to this section shall
apply to buildings or structures for which the building permit was issued or the building or structure
was constructed prior to January 1, 1988.
(8) With regard to existing buildings, the Legislature recognizes that it is not always practical to
apply any or all of the provisions of the minimum firesafety code and that physical limitations may
require disproportionate effort or expense with little increase in lifesafety. Prior to applying the
minimum firesafety code to an existing building, the local fire official shall determine that a threat to
lifesafety or property exists. If a threat to lifesafety or property exists, the fire official shall apply the
applicable firesafety code for existing buildings to the extent practical to assure a reasonable degree
of lifesafety and safety of property or the fire official shall fashion a reasonable alternative which
affords an equivalent degree of lifesafety and safety of property. The decision of the local fire official
may be appealed to the local administrative board described in s. 553.73.
(9) Nothing herein shall preclude a municipality, county, or special district from requiring a
structure to be maintained in accordance with the applicable firesafety code.
(10) With respect to standards established by the National Fire Protection Association (NFPA)
101, Life Safety Code, 1985 edition, s. 19-3.4.2.1, those standards shall not apply to structures
having direct access to the outside from each living unit and having three stories or less.
(11) With respect to standards established by the National Fire Protection Association (NFP A)
101, Life Safety Code, 1985 edition, s. 19-3.4.4.1, battery operated smoke detectors shall be
considered as an approved detection device for buildings having direct access to the outside from
each living unit and having three stories or less.
History.--s. 6, ch. 87-287; s. 1, ch. 88-362; s. 8, ch. 91-110; s. 2, ch. 91-189; s. 8, ch. 95-379; s. 59, ch. 98-287.
INote.--Section 59, ch. 98-287, amended s. 633.025, effective January 1,2001, to read:
633.025 Minimum firesafety standards.--
(I) The Florida Fire Prevention Code and the Life Safety Code adopted by the Department oflnsurance, which shall
operate in conjunction with the Florida Building Code, shall be deemed adopted by each municipality, county, and special
district with frresafety responsibilities. The minimum frresafety codes shall not apply to buildings and structures subject to
the unifonn frresafety standards under s. 633.022 and buildings and structures subject to the minimwn frresafety standards
adopted pursuant to s. 394.879.
(2) Pursuant to subsection (I), each municipality, county, and special district with frresafety responsibilities shall
enforce the Florida Fire Prevention Code and the Life Safety Code as the minimwn frresafety code required by this section.
Section 633.025
Page 3 of4
I'.
~
(3) The most current edition of the National Fire Protection Association (NFPA) 101, Life Safety Code, adopted by the
Department of Insurance, shall be deemed to be adopted by each municipality, county, and special district with firesafety
responsibilities as part of the minimwn firesafety code.
(4) Such codes shall be minimwn codes and a municipality, county, or special district with firesafety responsibilities
may adopt more stringent frresafety standards, subject to the requirements of this subsection. Such county, municipality, or
special district may establish alternative requirements to those requirements which are required under the minimwn
firesafety standards on a case-by-case basis, in order to meet special situations arising from historic, geographic, or unusual
conditions, if the alternative requirements result in a level of protection to life, safety, or property equal to or greater than
the applicable minirnwn firesafety standards. For the purpose of this subsection, the term "historic" means that the building
or structure is listed on the National Register of Historic Places of the United States Department of the Interior.
(a) The local governing body shall detennine, following a public hearing which has been advertised in a newspaper of
general circulation at least 10 days before the hearing, if there is a need to strengthen the requirements of the minirnwn
firesafety code adopted by such governing body. The detennination must be based upon a review oflocal conditions by the
local governing body, which review demonstrates that local conditions justifY more stringent requirements than those
specified in the minirnwn firesafety code for the protection of life and property or justify requirements that meet special
situations arising from historic, geographic, or unusual conditions.
(b) Such additional requirements shall not be discriminatory as to materials, products, or construction techniques of
demonstrated capabilities.
(c) Paragraphs (a) and (b) apply solely to the local enforcing agency's adoption of requirements more stringent than
tl}.ose specified in the Florida Fire Prevention Code and the Life Safety Code that have the effect of amending building
construction standards. Upon request, the enforcing agency shall provide a person making application for a building permit,
or any state agency or board with construction-related regulation responsibilities, a listing of all such requirements and
codes.
(d) A local government which adopts amendments to the minirnwn frresafety code must provide a procedure by which
the validity of such amendments may be challenged by any substantially affected party to test the amendment's compliance
with the provisions of this section.
I. Unless the local government agrees to stay enforcement of the amendment, or other good cause is shown, the
challenging party shall be entitled to a hearing on the challenge within 45 days.
2. For purposes of such challenge, the burden of proof shall be on the challenging party, but the amendment shall not be
preswned to be valid or invalid.
A substantially affected person may appeal, to the Department of Insurance, the local government's resolution of the
challenge, and the department shall detennine if the amendment complies with this section. Actions of the department are
subject to judicial review pursuant to s. 120.68. The department shall consider reports of the Florida Building Commission,
pursuant to 2part VII of chapter 533, when evaluating building code enforcement.
(5) The new building or structure provisions enwnerated within the firesafety code adopted pursuant to this section shall
apply only to buildings or structures for which the building permit is issued on or after the effective date of this act. Subject
to the provisions of subsection (6), the existing building or structure provisions enwnerated within the frresafety code
adopted pursuant to this section shall apply to buildings or structures for which the building permit was issued or the
building or structure was constructed prior to the effective date of this act.
(6) With regard to existing buildings, the Legislature recognizes that it is not always practical to apply any or all of the
provisions of the minimum frresafety code and that physical limitations may require disproportionate effort or expense with
little increase in lifesafety. Prior to applying the minimwn frresafety code to an existing building, the local frre official shall
determine that a threat to lifesafety or property exists. If a threat to lifesafety or property exists, the fire official shall apply
the applicable frresafety code for existing buildings to the extent practical to assure a reasonable degree of lifesafety and
safety of property or the frre official shall fashion a reasonable alternative which affords an equivalent degree of life safety
and safety of property. The decision of the local frre official may be appealed to the local administrative board described in
s. 553.73.
Section 633.025
Page 4 of4
(7) Nothing herein shall preclude a municipality, county, or special district from requiring a structure to be maintained
in accordance with the applicable flTesafety code.
(8) Battery operated smoke detectors shall be considered as an approved detection device for residential buildings
having direct access to the outside from each living unit and having three stories or less.
(9) The provisions of the Life Safety Code shall not apply to newly constructed one-family and two-family dwellings.
However, fire sprinkler protection may be permitted by local government in lieu of other fire protection-related
development requirements in such structures.
2Note.--Chapter 533, which relates to mining wastes, is not divided into parts; the correct reference may be to part VII
of chapter 553.
..
A
T
T
A
C
H
M
E
N
T
..
11
Article VII/
CONSTITUTION OF THE STATE OF FLORIDA
Article VIII
the county and the several municipalities. The consoli-
dation plan may be proposed only by special law, which
shall become effective if approved by vote of the e/ec-
tors of the County, or of the county and municipalities
affected. as may be provided in the plan. Consolidation
shall not extend the territorial scope of taxation for the
payment of pre-existing debt except to areas whose
residents receive a benefit from the facility or service for
which the indebtedness was incurred.
SECTION 4. Transfer of powers.-By law or by res-
olution of the governing bodies of each of. the govern-
ments affected, any function or power of a county,
municipality or special district may be transferred to or
contracted to be performed by another county, munici-
pality or special district, after approval by vote of the
electors of the transferor and approval by vote of the
electors of the transferee, or as otherwise provided by
law.
~
SECTION 5. Local option.-Local option on the
legality or prohibition of the sale of intoxicating liquors,
wines or beers shall be preserved to each county. The
status of a county with respect thereto shall be changed
only by vote of the electors in a special election called
upon the petition of twenty-five per cent of the electors
of the county, and not sooner than two years after an
earlier election on the same question. Where legal, the
sale of intoxicating liquors, wines and beers shall be reg-
ulated by law.
SECTION 6. Schedule to Article VII/.-
(a) This article shall replace all of Article VIII of the
Constitution of 1885, as amended, except those sec-
tions expressly retained and made a part of this article
by reference.
(b) COUNTIES; COUNTY SEATS; MUNICIPALITIES;
DISTRICTS. The status of the following items as they
exist on the date this article becomes effective is recog-
nized and shall be continued until changed in accord-
ance with law: the counties of the state; their status with
respect to the legality of the sale of intoxicating liquors,
wines and beers; the method of selection of county offi-
cers; the performance of municipal functions by county
officers; the County seats; and the mUnicipalities and
special districts of the state, their powers, juriSdiction
and government.
(c) OFFICERS TO CONTINUE IN OFFICE. Every
person holding office when this article becomes effec-
tive shall continue in office for the remainder of the term
if that office is not abolished. If the office is abolished the
incumbent shall be paid adequate compensation, to be
fixed by law, for the loss of emoluments for the remain-
der of the term.
(d) ORDINANCES. Local laws relating only to unin-
corporated areas of a county on the effective date of this
article may be amended or repealed by county ordi-
nance.
(e) CONSOLIDATION AND HOME RULE. Article
VIII, Sections 19,210, 311 and 424, of the Constitution of
1885, as amended, shall remain in full force and effect
as to each county affected, as if this article had not been
adopted, until that county shall expressly adopt a char-
A-26
ter or home rule plan pursuant to this article. All provl'
sions of the Metropolitan Dade County Home Rule Char.
ter, heretofore or hereafter adopted by the electors of
Dade County pursuant to 3Article VIII, Section 11, of the
Constitution of 1885, as amended, shall be valid, and
any amendments to such charter shall be valid; provided
that the said provisions of such charter and the said
amendments thereto are authorized under said 3Article
VIII, Section 11, of the Constitution of 1885, as amended.
(f) DADE COUNTY; POWERS CONFERRED UPON
MUNICIPALITIES. To the extent not inconsistent with
the powers of existing municipalities or genera/law, the
Metropolitan Government of Dade County may exercise
all the powers conferred now or hereafter by general law
upon municipalities.
(g) DELETION OF OBSOLETE SCHEDULE ITEMS.
The legislature shall have power, by joint resolution, to
delete from this article any subsection of this Section 6,
including this subsection, when all events to which the
subsection to be deleted is or could become applicable
have OCcurred. A legislative determination of fact made
as a basis for application of this subsection shall be sub-
ject to jUdiCial review.
'NOI..-SectlOn 901 Art. VIII of the Conslitutlon 01 1885, as amended. reads as
lollows
SECTION 9. Legislative power over city 01 Jacksonville and Duval Counly _ The
LegiSlature shall have power to establish, aller or abolish, a Municipal corporation
to be known as the City of JacksonVllle. extending terrrtorially throughout the present
hr1lrls of Duval County, in the place of any or all county, district. munIcipal and local
governments. boaros. bodIes and Officers. constitutional or statutory, legislative.
execullve, judiCIal. or administrative. and shall prescribe the jurisdiction. powers.
duties and functions Of Such munICipal corporation, its legiSlative, executive. judicial
and adminlstralive departments and Its boards, bodies and officers: to divide the ter-
ritory included in such municipality Into Subordinate districts, and to prescribe a lust
and reasonabte system of taxation for SuCh muniCipality and distriCls; and to fiX the
liability ot such munICIpality and diStricts Bonded and other indebledness, eXlshng
at the time of the establishment 01 such munICIpality. shall be enforceable only
against property therefofore lax able therefor. The Legislature shall. from time to
lime, determine what porlion of said muniCIpality IS a rural area, and a homestead
in SUCh rural area shall not be limIted as if in a city or lown. Such muniClpalily may
exercise atl the powers of a muniCipal corporation and shall also be recognized as
one of the legal POlitical dIVISionS of the Slale With Ihe duties and obligations of a
Counly and shall be enliUed to all the powers. rights and privileges. includIng repre.
sentahon in the Stale LegISlature, whIch would accrue to II if il were a county, All
property of Duval County and at the municlpalitres In saId Counly shall yest In such
municipal corporalion when established as hereIn prOVIded, The oHlces of Clerk of
the Circuit Court and ShellN shall not be abolished but Ihe Legislature may preSCribe
the time when, and the method by which. SUCh oHlces shall be filled and the campen.
satlon to be paid 10 such officers and may vest in them additional powers and duties
No COUnly offIce shalf be abohshed or consolidated WIth another oHlce without mak.
ing provisfon for Ihe performance 0' all Slale dulles now or hereafter prescnbed by
law to be performed by such county offIcer Nolhlng contaIned herein shall affect
Section 20 of Artrcle III 0' Ihe ConstItution Of the Slate of Florida. excepl as to SuCh
provIsIons therein as relale to regulating the JUrisdiction and dulies ot any class 01
oHlcers, 10 summoning and impanellIng grand and petit JUrors. to assessing and col.
lecting taxes tor cOunly purposes and 10 regulating the tees and compensallon of
county Officers, No law authoriZIng the establiShing or abolishing of such MuniCipal
corporation pursuant 10 IhlS SectIon. shall become operalive or effecltve until
approved by a majorily of the quahfled electors parIlelPatlng in an election held In
saId County, but so long as sueh MuniCIpal corporation eXIsts under this Sechon Ihe
Leglslalure may amend Or e.lend the law authoriZing the same without referendum
to the Qualified vOlers unless Ihe Leglslallve act providing for such amendment or
extension shall provide ror such referendum
Hlslory.-Added, S.J.R 113. 1933. adopled 1934
INOle,-Sechon 10. Art. VIII of Ihe Conslltulion 01 1885. as amended. reads as fol-
lows
SECTION 10. Leg.slat,ve power over cI'y of Key West and Monroe counly- The
legislature shall have POwer to establIsh, aller Or abolish, a MuniCipal corporation
to be known as the Glty Of Key West. exlendlng territonally throughout Ihe present
limits of Monroe County. '" the place of any or all county, distnct, muniCIpal and local
governments, boards. bodres and' offtcers, constitutlonal or stalutory, legiSlative.
executive, Judicial. or admlnlslrallve. and shall prescribe the juriSdichon, powers.
duties and funChons of Such munICipal corporallon. its leglslatrve, executtve, JUdICial
and administrative departments and Its boards. bodies and ottlcers: to divide the ter.
rltory included in such municipahty Into subordinale dlslnets, and 10 prescribe a just
and reasonable system of taxatIon for such munICipality and dl~lrjcts; and to fix the
liability of such munICIpality and dlstncls Bonded and Dlher indebledness, eXJshng
at the Itme 01 Ihe eSlablrshmenl of such mUnlcipalily. shall be enforceable onl,
against property theretofore '....able 'neretor. The Legrslature shall, from lime 10
time. determine what portion 01 saId mUnicipality IS ;. rural area, and a homestead
in SUCh rural area shall not be limIted as if In a city or lown Such mUnicipality may
Ar.:cle VIII
lrticle. All provi-
lame Rule Char.
the electors of
lction 11, of the
II be. valid, and
) valid; provided
~r and the said
jer said 3Article
;5. as amended.
t::ERRED UPON
,consistent with
lenerallaw, the
ty may exercise
r by general law
EDULE ITEMS.
1t resolution, to
i this Section 6,
ts to which the
ome applicable
m of fact made
m shall be sub. ..
IS amended, reads as
d Duval County.- The
MunIcIpal corporallon
~roughout the present
:r. municipal and local
statutory. legislative,
~ Jurisdiction. powers.
II/e. executive. judicial
Icers; 10 divide the ter-
Ind to prescribe a just
~Istricts; and to fix the
ldebtedness. eXisting
I be enforceable only
re shall, from time to
'ea. and a homestead
;uch munICipality may
IJSO be recognized as
i and. obligations of a
7ge5. including (epre-
It were a county_ All
.nly shall vest In such
-he oHlces of Clerk of
slature may prescribe
lilted and the campen-
1al powers and duties
ler oHice without mak.
~reafter prescribed by
',ed herein shall affect
da. excepI as 10 such
dulles 01 any class 01
to assessing and col.
and compensation of
mg of suCh Municipal
'lve or etfective until
in an election hetd In
under this Section the
'6 without referendum
r suCh amendment or
'nended, reads as fol-
'J1onroe counly.- The
'AunlClpal corporation
'-oughout the present
l. muniCipal and local
statutory. legislative.
JurisdiClion, j;X)wers,
:e. executive. jUdiCia'
ers; to divtde the ter-
Id to prescribe a just
strlcts; and to 11)( the
1ebledness. existing
oe enforceable only
, shall. from lime to
a. and a homestead
.ch munICIpality may
Article VIII
CONSTITUTION OF THE STATE OF FLORIDA
Article VIII
t
'"
I
se all the powers 01 ,3, muniCipal corporation and shall also be re~ogniZed as
ellelel, ttle legal politICal dIVISIOns 01 the Slate with the du~ies and obligations of a
one ~y and shall be entitled to all the powers. nghts and pnvileges, Including repre-
COU~atjon in the State Legislature. whteh wo~ld accrue to it if it were a county. All
sen erty of Monroe County and of the mUnicipality In said county Sh.all veslln such
pro~ clpal corporal Ion when established as herein prOvided The offIces of Clerk of
~~ Cllcuit Court and ShellH shall not be abolished but Ihe Legislature may prescllbe
tne lime when. and the method by whICh. such oHices shaUbe filled and the campen.
sation 10 be paid to such oHicers and may vest In them addItional powers and dulles
No county office shall be abolished or consolidated WIth anolher oHice Without mak.
proVIsion for the performance of aU State duties now or ~ereafter prescribed by
~~ to be performed by such county officer. Nothing contaIned he,ein shall affect
Section 20 01 Article !I of the ConstItutIon of the. State of FlOrida. except as 10 such
OVls1ons therein as relate to regulating the lunSdlctlo~ and duties of any class 01
~~Icers, to summoning and Impanelling grand and petit Juries. to assessing and c~-
lecting taxes for county pur~~s and to reg~,J1atlng the fees and compensatfon of
county aHicers. No law authOriZIng the eSlabllshing or abolishing of such MUOIclpal
corporation pursuant 10 thiS SeCh?n shall become operatIve or effective until
approved by a malonty 0' the qualifIed, electors parttclpating in an el~tion held In
said County, but so loog as such MunICipal corporation eXists und~r thiS Seclian the
Legislature may amend or ex lend the law _authorrzlng the same 'WIthout referendum
10 lhe Qualified voters unless the Legislative Act prOViding for Such amendment or
extensIon shall provide for such referendum.
Hlltory.-Added. SJ.R 429. 1935; adopted 1936
'Note.-Section 11 of Art. VlII of the Constitution of 1885, as amended, reads as
follows
SECTION 11 Dade County. home rule charter.-(1) The electors 01 Dade
County. Flollda. are granted power to adopt. revise. and amend from tome to lime
a home rule charter of government for Dade County. FlOflda. under whIch the Board
01 County CommisslOl1ers of Dade County shall be the governing body. This charter:
(a) Shall fox the boundafles 01 each county commISSIon district. prOVIde a method
for changingIhem from time t~ hme, and fix the. number. terms and compensation
of the commiSSioners. and their meth~ of electton.
(b) May grant full power and authorlly to the Board of County CommIssioners of
Dade County to pass ordinances relating to the affaIrs, property and government of
Dade County and prOVide SUitable penattoes lor the VIOlation thereot: to levy and col.
lect such taxes as may be authorized by general law and no other taxes, and to do
everything necessary to carry on a central metropolitan government in Dade County
(c) May change the boundafles of, merge. consolidate. and abolish and may pro-
VIde a melhod for changing the boundaries of. merging. consolidating and abolishing
from lime to lime all municipal corporations. county or district governments, special
taxing districts, authOrities. boards, or olher governmental unlts whose jurisdiction
lies wholly Within Dade County, whether such governmental WIlts are created by the
Constitution or the Legislature or otherwise, except the Dade County Board of
County CommISSioners as it may be prOVided for from lime to time by this home rule
charter and the Board of Public Instrucllon of Dade County.
(d) May prOVide a method by which any and all at the functions or powers of any
mUniCIpal corporatIon or other governmental unit in Dade County may be transferred
to the Board 01 County Comrmssioners of Dade Counly.
(el May proVide a method for eSlablishing new munICIpal corporations. special
taxing districts. and other governmental units in Dade County from time to lime and
provide for their government and prescribe their jurisdiction and powers.
(I) May abolish and may prOV1de a method tor abolishing Irom time to lime all
oHices provided for by Article VIII. Section 6. at the Constitution or by the LegIslature.
except the Supenntendent of Public Instruction and may provkje for the consolida.
tion and transfer of the functions of such offices, prOVIded, however. thai there shall
be no power to abolish Of impair the Junsdiction of the CirCUit Court or to abolish any
other court provided for by this Constitution or by general law. or the judges or clerks
thereof although such charter may create new courts and judges and clerks thereof
wllh lurosdicllon 10 try all oHenses against ordinances passed by the Board of County
CommiSSioners of Dade County and none of the other courts provided for by thIS
Constitution or by general law shall have origInal jurisdiction to try such oHenses,
although the charter may conter appellale juriSdictiOn on such courts. and provided
turther that if said home rule charter shall abolIsh any county office or oHices as
aulhorized herein. that said charter shall contaIn adequate provlSoon for the carrying
on of all functions of said office or offices as are now or may herealter be prescribed
by general law.
(g) Shalf provide a method by whoch each munlClpat corporation in Dade County
shall have the power to make, amend or repeal ItS own charter. Upon adoption of
thiS home rule charter by the electors this method shall be eXClUSIve and the Legisla-
ture shall have no power to amend or repeal the charter of any municipal cOf'porahon
In Dade County.
(h) May change the name of Dade County
(i) Shall prOVIde a methOd for the recall of any commissioner and a method for
Initiative and referendum, including the initIation of and referendum on ordinances
and the amendment or reviSion of Ihe home rule charter, prOVIded, however, that the
power 0' the Governor and Senate relating to the suspension and removal of officers
prOVided lor In thIS Constltuhon shall not be Impaired, but shall extend to all officers
proVided lor In saId home rule charter.
(2) PrOVISIOn shall be made for the protection at the creditors of any governmen.
tal umt which IS merged. consohdated, or abolished or whose boundaries are
changed or functions or powers transferred.
(3) ThiS home rule charter shall be prepared by a Metropolitan Charter Board cre-
ated by the Legislature and shall be presented to the etectors of Dade Counly for
ralihcallon or relechon In the manner prOVided bV the Legislature. Until a home rule
charler IS adopted the Legislature may from time to time create additional Charter
Boards to prep~re ~harters to be presented to the electors of Dade County for rahfi.
cation or relectlon In Ihe manner prOVIded by the Legislature Such Charter. once
adopted by Ihe electors. rnay be amended only by the electors 01 Dade County and
thiS charter shall provide a method for submltllng future charter reVISions and
amend men IS to Ihe electors of Dade County
(4) The County CommiSSIOn shall continue to receIve its pro rata share of all reve"
nues payable by the stale from whatever source to the several counties and the state
Of Flortda shall pay 10 the CommiSSion all revenues which would have been paid 10
any muniCipality In Dade County which may be abolished by or In the method pro.
vlded by thiS home rule charter: prOVided, however. the CommiSSIon shall reimburse
the comptroller 01 Fk)flda lor the expense incurred If any, 10 the keeping 01 separate
records to determine the amounts of money which would have been payable to any
such muniCipality
(5) Nothing in thIS sectoon shall limit or restricl the power 01 Ihe Leglslalure to
enact general laws whICh shall relate 10 Dade Counly and any other one or more
counties on the state 01 Florida or to any munlclpahly In Dade County and any other
one or more munICIpalities 01 the State of Floroda. and th~ home rule charter provided
for herein shall not conflict with any prOVISion of thIS ConslItullon nor of any applica.
ble QP.npr:::lllaw~ now applYing to Dade County and any other one or more counties
of the Stale 01 Florida except as expressly authollzed In thiS sectiOn nor shall any
ordinance enacted in pursuance 10 said home rule charter conflictWiffi thIS Conslltu.
tion or any such applicable general law except as expressly authorized herein. nor
shall the charter of any municipality In Dade County conflict with this Conshtutlon
or any such apphcable general law except as expressly authorized herein, provided
however that said charter and said ordinances enacted in pursuance thereof may
conflict With, modify or nullify any existing local. speCial or general law applicable
only to Dade County
(6) Nothing in this seCtIon shall be construed to limit or restllct the power of the
Legislature to enact general laws which shall relate to Dade County and any other
one or more countaes of the state 01 Flonda or to any muniCipality in Dade County
and any other one Of' more municipalities of the State of FlOrida relating 10 county
or munICipal affairs and all such general laws shall apply to Dade Counly and 10 all
municipalities therein to the same extent as if this section had not been adopted and
such general laws shall supersede any part or portion 01 the home rule charter pro.
V1ded for herein in conflict therewith and shall supersede any provision of any ordl'
nance enacted pursuant to said Charter and in conllict therewith. and shall super.
sede any proVISion of any charter of any munICipality In Dade Counly In conlloctthere-
WIth.
(7) Nolhlng in thiS sechon shall be conslrued 10 limit or restllct the power and
,urisc:hction of the Railroad and Public Utilities CommiSSion or of any other state
agency. bureau or commIssion now or hereafter provided for to thiS ConstitutIon or
by general law and said slate agencies. bureaus and commiSSions shall have t~e
same powers in Dade County as shall be conferred upon them In regard to other
counties
(8) If any section. subsection, sentence, clause or proviSions of this Section IS
held Invalid as violative of the provisions of Section 1 Article XVII of thiseConstitution
the remainder of thiS section shall nol be aHected by such invalidity.
(9) It IS declared to be the intent of the Legislature and of the electors of the State
of Ftonda to provide by this section home rule for the people of Dade County in local
aHairs and this section shall be liberally construed to carry oul such purpose, and
It IS lurther declared to be the intent of the Legislature and of the electors of the State
0' Florida thai the prOVISIons of this Constitution and general laws whIch shall relate
to Dade County and any other one or more counties of the Slate of Florida or to any
municipality In Dade County and any other one or more muniCipalities of the State
of Flonda enacted pursuant therelo by the Legislature shall be the supreme law In
Dade County. FlOrida. excepl as expressly prOVided herein and thIS section shall be
slrictly construed to maintain such supremacy of thiS ConstItutIon and of the Leglsla'
ture in the enactment of general laws pursuant to this Constitution.
Hillory.-Added. HJ.A. 858. 1941; adopted 1942, Am. S.J.R. 1046. 1955:
adopted 1956.
'Not..-Section 24 of Art. VIII of the Constitutoon of 1885. as amended. reads as
follows
SECTION 24 Hillsborough County. home rule charter.-
(1) The electors 01 Hlllsborough county are hereby granted the power to adopt
a charter for a government whICh shall exercise any and all powers for county and
muniCIpal purposes which this constitution or the legIslature, by general. speCial or
local law, has conferred upon Hillsborough county or any muniCipality therein. Such
government shall exercise these powers by the enactmenl of ordinances whiCh
relate 10 government of HiIIsborough counly and provide suitable penalties for the
violation thereof. Such government shall have no power to create or abolish any
mUniCIpality, except as otherwise provided herein
(2) The method and manner by which the electors of Hlllsborough county shall
exerCise this power shall be set forth In a charter for the government of Hillsborough
county which charter shall be presented 10 said electors by any charter commiSSIon
established by the legIslature The legislature may provide for the conttnulf\g eXist.
ence of any charter commISSIon or may establish a charter commISSIon or commIS-
sions subsequent to any iOltial commiSSIOn without regard to any election or elec-
tions held upon any charter or charfers theretofore presented. A charter shall
become effecllve only upon ratification by a maJoflty of the eleclors of HiJlsborough
county voting in a general or speCial election as provided by law
(3) The number, qualificallons, terms ot office and method 01 filling vacanctes In
the membership of any charter commission established pursuanl 10 thiS section and
the powers, functions and dulies of any such commiSSion shall be prOVIded by law
(4) A charter prepared by any commiSSion established pursuant to this section
shall provide that:
(a) The governments of the city of Tampa and the county 01 Hillsborough shall
be consolidaled. and the structure of the new tocal government shall include
1 An executive branch. the chief officer of which shall be responSible for the
administration of government
2 An e~cted legislative branch, the election to membership, powers and duties
of which shall be as prOVided by the charter.
3 A judicial branch. which shall only have junsdicllon in (he enforcement oi ardl
nances enacted by the legislative branch created by this section
(b) Should the electors of the municipalities of Plant City or Temple Terrace WIsh
to consolidate their governments with the government hereinabOve created. they
may do so by majority vote 01 the electors at said municipality voting In an etectlQn
upon said Issue
(c) The credilors of any governmental unit consolidated or abolished under Ihls
secllOn shalf be prolected Bonded or other Indebtedness existing at Ihe effeclive
A-27
~ 14-56
DADE COUNTY CODE
(. .'
. .
'.,
shall be available in any court to determine both
liability for and the amount of the civil penalties
to be imposed and recovered hereunder.
(Ord. No. 87-89, ~ 3, 12-15.87)
Sec. 14.57. Civil penalty and restitution fund.
(A) The sums recoverable by the chief fire code
enforcement official of the jurisdiction, or his des-
ignee, or by the South Florida Fire Prevention
Code Enforcement Officer pursuant to Section 14-
56(A)(2) and (3) shall be deposited (i)in a separate
County fund for sums recovered by the chief fire
code enforcement official of the Metropolitan Dade
County Fire Department, or his designee, with
respect to both the incorporated and unincorpo-
rated areas of Dade County under the fire safety
jurisdiction of the Metropolitan Dade County Fire
Department as well as sums recovered by the
South Florida Fire Prevention Code Enforcement
Officer with respect to both the incorporated and
unincorporated areas of Dade County, or (ii) in
separate municipal funds for sums recovered by
the chief fire code enforcement official, or his des.
ignee, of the following municipalities: The City of
Miami Beach, the City of Miami, the City of Hi.
aleah, and the City of Coral Gables.
(B) The aforesaid separate County and sepa-
rate municipal funds shall only be used to pay for
the following:
(1) Tracing, investigating, controlling, abating,
and remedying violations of this article, the
South Florida Fire Prevention Code and, in
the case of the aforesaid municipalities, fire
standards adopted by the municipality
which are more stringent than the provi.
sions in this article, the South Florida Fire
Prevention Code, or the rules and regula-
tions of the State Fire Marshal, as all of
same may be amended from time to time.
(2) Restoration of the air, waters, property, an-
imallife, aquatic life and plant life within
the County or municipality to their former
condition.
(3) Fire safety and prevention, planning, pro-
tection, and programming.
(4) Responding to and attempting to resolve
citizen complaints against violations or pos-
Supp. No.7
sible violations of this article, the South
Florida Fire Prevention Code, and, in the
case of the aforesaid municipalities, fire
standards adopted by the municipality
which are more stringent than this article,
the South Florida Fire Prevention Code, or
the rule and regulations of the State Fire
Marshal, as all of same may be amended
from time to time.
(5) Investigation, preparation, and prosecution
of civil and criminal actions, pursuant to
this article or the South Florida Fire Pre.
vention Code, to enforce the provisions of
this article, the South Florida Fire Preven.
tion Code and, in the case of the aforesaid
municipalities, fire standards adopted by
the municipality which are more stringent
than the provisions in this article, the South
Florida Fire Prevention Code, or the rules
and regulations of the State Fire Marshal,
as all of same may be amended from time
to time.
(C) No part of such separate County and sepa-
rate municipal funds shall be used for purposes
other than the aforesaid.
Sec. 14-58. Standards.
(A) The following standards of the National Fire
Protection Association, Battery-March Park,
Quincy, MA 02269, are hereby adopted by refer-
ence as if fully set forth herein:
(1) NFPA 1-1982, Fire Prevention Code, which
shall only apply to combustible fibers.
(2) NFPA 10-1991, Standard for Portable Fire
Extinguishers.
(3) NFPA 11-1988, Standard for Low Expan.
sion Foam and Combined Agent Systems.
(4) NFPA 11A-1988, Standard for Medium and
High Expansion Systems.
(5) NFPA 12-1989, Standard on Carbon Di-
oxide Extinguishing Systems.
(6) NFPA 12A.1989, Standard on Halon 1301
Fire Extinguishing Systems.
(7) NFPA 12B.1990, Standard on Halon 1211
Fire Extinguishing Systems.
t
\.
..,~'tD'-
2008
FIRE PREVENTION ~ 14.58
(8) NFPA 13-1989, Standard for the Installa- (26) NFPA 33-1989, Standard for Spray Appli-
tion of Sprinkler Systems. cation Using Flammable and Combustible
NFPA 13A-1987, Inspection, Testing and Materials.
(9) NFPA 34-1989, Standard for Dipping and
Maintenance of Sprinkler Systems. (27)
Coating Processes Using Flammable Com-
(10) NFPA 13D-1989, Standard for the Installa- bustible Liquids.
tion of Sprinkler Systems in One- and Two- (28) NFPA 35-1987, Standard for the Manufac-
Family Dwellings and Mobile Homes.
ture of Organic Coatings.
(11) NFPA 13R-1989, Installation of Sprinkler (29) NFPA 40-1988, Standard and Handling of
Systems in Residential Occupancies up to
Four Stories in Height. Cellulose Nitrate Motion Picture Film.
(12) NFPA 14-1990, Standard for the Installa- (30) NFPA 40E-1986, Standard for the Storage
tion of Standpipe and Hose Systems. of Pyroxylin Plastics.
(13) NFPA 15-1990, Standard for Water Spray (31) NFPA 43A-1990, Standard for the Storage
Fixed System for Fire Protection. of Liquid and Solid Oxidating Materials.
(14) NFPA 16-1991, Standard for the Installa- (32) NFPA 43B-1986, Standards for Storage of
.. tion of Deluge Foam-Water Sprinkler and Organic Peroxide Formulation.
Foam Water Spray Systems. (33) NFPA 43C-1986, Standards for Storage of
(15) NFPA 16A-1988, Standard for the Installa- Gaseous Oxidizing Material.
tion of Closed-Head Foam-Water Sprinklers (34) NFPA 43D-1986, Standard for Storage of
and Foam-Water Spray Systems. Pesticides in Portable Containers.
(16) NFPA 17-1990, Standard for Dry Chemical (35) NFP A 45-1986, Standard of Fire Protection
Extinguishing Systems. for Laboratories Using Chemicals.
(17) NFPA 17A-1990, Wet Chemical Extin- (36) NFPA46-1990, Storage of Forest Products.
guishing Systems. (37) NFPA 49-1991, Hazardous Chemicals Data.
(18) NFPA 20-1990, Standard for the Installa- (38) NFPA 50-1990, Bulk Oxygen Systems at
tion of Centrifugal Fire Pumps. Consumer Sites.
(19) NFPA 22-1987, Standard for Water Tanks (39) NFPA 50B-1989, Liquefied Hydrogen Sys-
for Private Fire Protection. terns at Consumer Sites.
(20) NFPA 24-1987, Standards for the lnstalla- (40) NFPA51-1987, Standard for the Design and
tion of Private Fire Service Mains and Their Installation of Oxygen-Fuel Gas Systems
Appurtenances. for Welding, Cutting and Allied Processes.
(21) NFPA 26-1988, Supervision of Valves Con- (41) NFPA 51A-1989, Acetylene Cylinder
trolling Water Supplies for Fire Protection. Charging Plants.
(22) NFPA 30-1990, Flammable and Combus- (42) NFPA 51B-1989, Standard for Fire Preven-
tible Liquids Code. tion and Use of Cutting and Welding Pro-
(23) NFPA 30A-1990, Automotive Service Sta- cesses.
tion Code. (43) NFPA 52-1988, Compressed Natural Gas
(24) NFPA 31-1987, Standard for the InstaIla- Vehicular Fuel Systems.
tion of Oil Burning Equipment. (44) NFPA 54-1988, National Fuel Gas Code.
(25) NFPA 32-1990, Standard for Dry Cleaning (45) NFPA 58-1989, Standard for the Storage
Plants. and Handling of Liquefied Petroleum Gases.
Supp. No. 7 2009
~ 14-58 DADE COUNTY CODE (~."
:;,; . I
(46) NFPA 61A.1989, Standard for the Preven- (61) NFPA 82-1990, Standard on Incinerators,
tion of Fire and Dust Explosions in Facili- Waste and Line Handling Systems and
ties Manufacturing and Handling Starch. Equipment.
(47) NFPA 61B-1980, Standards for the Preven. (62) NFPA 85A-1987, Standard for the Preven.
tion of Fires and Explosions in Grain Ele- tion of Furnace Explosions in Fuel Oil and
vators and Facilities Handling Bulk Raw Natural Gas-Fired Single Burner Boiler-
Agricultural Commodities. Furnaces.
(48) NFP A 61C-1989, Standard for the Preven- (63) NFP A 85B-1989, Standard for the Preven-
tion of Fire and Dust Explosions in Feed tion of Furnace Explosions in Natural-Fired
Mills. Multiple Burner Boiler-Furnaces.
(49) NFPA 61D.1989, Standard for the Preven- (64) NFPA 85D-1989, Standard for the Preven-
tion of Fire and Dust Explosion in the tion of Furnace Explosion in Fuel Oil-Fired
Milling of Agriculture Commodities for Multiple Burner Boiler-Furnaces.
Human Consumption. (65) NFPA 85E-1985, Standard for the Preven-
(50) NFP A 65-1989, Standard for the Processing tion of Furnace Explosions in pulverized
.. and Finishing of Aluminum. Coal-Fired Multiple Burner Boiler-
(51) NFP A 69-1986, Explosion Venting Systems. Furnaces.
(52) NFPA 70-1990, National Electrical Code. (66) NFPA 85F-1988, Standard for the Installa-
tion and Operation of Pulverized Fuel Sys-
(53) NFPA 71-1989, Standard for the lnstalla- tems.
tion, Maintenance and Use of Central Sta- (67) NFPA 85G-1987, Furnace Implosions in
tion Signaling Systems. Multiple Burner Boiler-Furnaces.
(54) NFPA 72-1990, Standard for the lnstalla- (68) NFPA 86-1990, Standard for Ovens and
tion, Maintenance and Use of Local Protec-
tive Signaling Systems. Furnaces, Design, Location and Equipment.
(55) NFPA 72E-1987, Standard on Automatic (69) NFPA 88A-1985, Standard for Parking
Fire Detectors. Structures.
(56) NFPA 72G-1989, Guide for the lnstalla:- (70) NFPA 88B-1985, Standard for Repair Ga-
tion, Maintenance and Use of Notification rages.
Appliances for Protective Signaling Sys- (71) NFPA 90A-1989, Standard for the Installa-'
terns. tion of Air Conditioning and Ventilating
(57) NFPA 72H-1988, Guide for Testing Proce- Systems.
dures for Local, Auxiliary, Remote Station (72) NFPA 90B-1989, Standard for the Installa-
and Proprietary Protection Signaling Sys- tion of Warm Air Heating and Air Condi.
terns. tioning Systems.
(58) NFPA 74-1989, Standard for the lnstalla- (73) NFPA 91-1990, Standard for the Installa.
tion, Maintenance and Use of Household tion of Blower and Exhaust Systems.
Fire Warning Equipment. (74) NFPA 92B-1991, Smoke Management Sys-
(59) NFPA 75.1989, Standard for the Protection terns in Mall Atria and Large Areas.
of Electronic ComputerlData Processing (75) NFPA 96-1991, Standard for 'the lnstalla-
Equipment. tion of Equipment for the Removal of Smoke
(60) NFP A 80-1990, Standard for Fire Doors and and Grease-Laden Vapors from Commer- \"
Windows. cial Cooking Equipment.
Supp. No.7 2010
FIRE PREVENTION ~ 14.58
(76) NFPA 97M-1988, Glossary of Terms Re- (95) NFPA 251-1990, Standard Methods of Fire
lating to Chimneys, Vents, and Heat. Tests of Building Construction and Mate-
Producing Appliances. rials.
(77) NFPA 99-1990, Standard for Health Care (96) NFPA 252-1990, Standard Methods of Fire
Facilities. Tests of Door Assemblies.
(78) NFPA 99B-1990, Hypobaric Facilities. (97) NFPA 253-1990, Standard Method of Fire
Tests for Critical Radiant Flux of Floor Cov-
(79) NFPA 101-1991, Safety to Life From Fire ering Systems Using a Radiant Heat En-
In Buildings and Structures. ergy Source.
(80) NFPA 101M-1988, Manual on Alternative (98) NFPA 255-1990, Standard Method of Test
Approaches to Life Safety. of Surface Burning Characteristics of
(81) NFPA 102-1986, Standard for Assembly Building Materials.
Seating, Tents and Air-Supported Struc- (99) NFPA 256-1987, Standard Methods of Fire
tures. Tests of Roof Coverings.
(82) NFPA 110-1988, Standard for Emergency (l00) NFPA 257-1985, Standard for Fire Tests of
and Standby Power Systems. Window Assemblies.
.. (83) NFPA 120-1988, Standard for Coal Prepa- (l01) NFPA 259-1987, Standard Test Method for
ration Plants. Potential Heat of Building Materials.
(84) NFPA 150-1991, Fire Safety in Racetrack (102) NFP A 303-1990, Fire Protection Standards
Stables. for Marinas and Boatyards.
(85) NFPA 211-1988, Standard for Chimneys, (103) NFP A 307-1990, Standard for the Construe-
Fireplaces, Vents and Solid Fuel Burning tion and Fire Protection of Marine Termi-
Appliances. nals, Piers and Wharves.
(86) NFPA 214-1988, Water Cooling Towers. (104) NFPA 327-1987, Standard Procedure for
(87) NFPA 220-1985, Standard on Types of Cleaning or Safeguarding Small Tanks and
Building Construction. Containers.
(88) NFPA 231-1990, Standard for Indoor Gen- (105) NFPA 385-1990, Standard for Tank Vehi-
eral Storage. cIes for Flammable and Combustible Liq-
uids.
(89) NFPA 231C-1991, Standard for Rack (106) NFPA 386-1990, Standard for Portable
Storage of Materials. Shipping Tanks for Flammable and Com.
(90) NFPA 2310-1989, Standard for Storage of bustible Liquids.
Rubber Tires. NFPA 395-1988, Standard for Storage of
(107)
(91) NFPA 231E-1989, Storage of Baled Cotton. Flammable and Combustible Liquids on
(92) NFPA 231F-1987, Standard for Storage of Farms and Isolated Construction Projects.
Rolled Paper. (108) NFPA 407-1990, Aircraft Fuel Servicing.
(93) NFPA 232-1986, Standard for the Protec- (109) NFPA 409-1990, Aircraft Hangars.
tion of Records.
(94) NFPA 241-1989, Standard for Safeguarding (110) NFPA 416-1987, Construction and Protec-
tion of Airport Terminal Buildings.
Building Construction and Demolition Op-
erations. (111) NFPA 418-1990, Roof-Top Heliport Con-
struction and Protection.
Supp.No.7 2011
~ 14-58 DADE COUNTY CODE "f'"
f,.,
'"
(112) NFPA 480-1987, Storage, Handling and (128) NFPA 1221-1988, Standard for the Instal-
Protecting of Magnesium. lation, Maintenance and Use of Public Fire
(113) NFPA 490-1986, Code for the Storage of Service Communications.
(129) NFPA 1962-1988, Standard for the Care,
Ammonium Nitrate. Use and Maintenance of Fire Hose.
(114) NFP A 491M-1991, Hazardous Chemical Re- (130) NFPA 1963-1985, Screw Threads and Gas-
actions. kets for Fire Hose Connections.
(115) NFP A 495-1990, Manufacture, Transporta- (B) The following standards of the American
tion, Storage and Use of Explosive Mate- National Standards Institute, Inc., 1430
rials. Broadway, New York, N.Y. 10018, are hereby
(116) NFPA 501A-1987, Standard for Firesafety adopted by reference as if fully set forth herein:
Criteria for Mobile Home Installations, (1) Identification of Piping Systems, ANSI
Sites and Communities. A13.1-1981
(117) NFPA 501C-1990, Standard for Firesafety (2) Safety Code for Fixed Ladders, ANSI A14.3-
.. Criteria for Recreational Vehicles. 1974
(118) NFPA 501D-1990, Standards for Firesafety (3) Safety Code for Elevators and Escalators,
ANSI A17.1-1984
Criteria and Recreational Vehicle Parks
and Campgrounds. (4) Standard for Compressed Gas Cylinder
Valve, Outlet and Inlet Connections, ANSI
(119) NFPA 651-1987, Standard for the Manufac- B-57 I 1965
ture of Aluminum and Magnesium Powder. (5) power Piping, ANSI B31.1-1983 (
(120) NFP A 654-1988, Prevention of Fire and (6) Fuel Gas Piping, ANSI B31.2-1968
Dust Explosions in Chemical, Dye, Phar-
maceutical and Plastic Industries. (7) Chemical Plant and Petroleum Refinery
(121) NFPA 655-1988, Prevention of Sulfur Fires Piping, ANSI B31.3-1984
and Explosions. (8) Liquid Petroleum Transportation Piping
Systems. ANSI B31.4.1979
(122) NFPA 664-1987. Prevention of Fires and (9) Gas Transmission and Distribution Piping
Explosions in Wood Processing and Wood
Working Facilities. Systems, ANSI B31.8.1982
(123) NFPA 701-1989, Standard Methods of Fire (10) Building Services Piping Code, ANSI B31.9-.
Tests for Flame Resistant Textiles and 1982
Films. (11) Manual for Determining the Remaining
(124) NFP A 703-1985, Standard for Fire Retar- Strength of Corroded Pipelines, ANSI
B31G-1984
dant Impregnated Wood and Fire Retar- (12) Refrigeration Piping, ANSI B31.5-1983
dant Coatings for Building Materials.
(125) NFPA 704-1990, Standard System for the (13) Safety Code for Mechanical Refrigeration,
Identification of the Fire Hazards of Mate- ANSI 15-1978
rials. (C) The following standards of the American
(126) NFPA 907M-1988, Investigation of Fires of Society of Mechanical Engineers, 345 East 47th
Street, New York, N.Y. 10017, are hereby adopted
Electrical Origin. by reference as if fully set forth herein:
(127) NFPA 1123-1990, Standard for Public Dis- (1) Safety Code for Elevators and Escalators, (
play of Fireworks. A17.1-1984
Supp. No.7 2012
FffiE PREVENTION
(2) Unfired Pressure Vessel Code 1980
(D) The following standards of the Underwriters
Laboratories, Inc., 1285 Walt Whitman Road,
Melville, Long Island, N.Y. 11747, are hereby
adopted by reference as if fully set forth herein:
(1) UL647-1983, Standard for Unvented
Kerosene-Fired Room Heaters and Portable
Heaters.
(E) The following standards of the Compressed
Gas Association, Inc., 1235 Jefferson Davis
Highway, Arlington, VA 22202, are hereby
adopted by reference as if fully set forth herein:
(1) CGA Pamphlet V-5, Standard for Noninter-
changeable Low-Pressure Connections for
Medical Gases, Air, and Suction
.. (2) CGA Pamphlet G-1, Acetylene
(3) CGA Pamphlet G-2, Anhydrous Ammonia
(4) CGA Pamphlet G-3, Sulphur Dioxide
(5) CGA Pamphlet G-4, Oxygen
(6) CGA Pamphlet G-5, Hydrogen
(7) CGA Pamphlet pol, Safe Handling of Com-
pressed Gases
(8) CGA Pamphlet P-2, Characteristics and
Safe Handling of Medical Gases
(9) CGA Pamphlet V-5, Diameter-Index Safety
System
(F) The following standards of the American Pe-
troleum Institute, 2101 L Street, N.W., Wash-
ington D.C., are hereby adopted by reference as if
fully set forth herein:
(1) API 620-1990 Rules for Design and Con-
struction of Large, Welded, Low-Pressure
Storage Tanks
(2) API 1604-1987, Removal and Disposal of
Used Underground Petroleum Storage
Tanks
(G) The following standards of the American
Society for Testing Materials, 1916 Race Street,
Philadelphia PA, 19103, are hereby adopted by
reference as if fully set forth herein:
(1) ASTM B88-8l, Seamless Copper Tube
Supp. No.7
~ 14-59
(2) ASTM D56-77, Flash Point by Tag Closed
Tester
(3) ASTM D86-62, Standard Method of Test for
Distillation of Petroleum Products
(4) ASTM Flash and Fire Points by Cleveland
Cup
(5) ASTM D93-75, Flash Point by Pensky-
Maltens Closed Tester
(6) ASTM D323-72, Vapor Pressure of Petro-
leum Products
(7) ASTM D3243-73, Flash Point of Aviation
Turbine Fuels by Setaflash Closed Tester
(8) ASTM D3278-73, Flash Point of Liquids by
Setaflash Closed Tester
(9) ASTM E84-81a, Surface Burning Charac-
teristics of Building Materials
(10) ASTM E136-79, Non-Combustibility of El-
ementary Materials
(H) The following standards of the Institute of
Makers of Explosives, 1575 I Street, N.W., Wash-
ington, D.C. 20005, are herepy adopted by refer-
ence as if fully set forth herein:
(1) Pamphlet No.1, Standard Storage Maga-
zine
(2) Pamphlet No. 20, Radio Frequency Radia-
tion Hazard in Use of Electric Blasting Caps
(I) The following standards of the Fertilizer In-
stitute, 1015-18th Street, N.W., Washington, D.C.
20006, are hereby adopted by reference as if fully
set forth herein:
(1) Definition and Test Procedures for Ammo-
nium Nitrate Fertilizer
(J) The following standards of the Architec-
tural Fabric Structures Institute, 1800 Pickwick
Avenue, Glenview, IL 60025-1377, are hereby
adopted by reference as if fully set forth herein:
(1) ASI-1977, Air Structures Design and Stan-
dards Manual.
(Ord. No. 87-89, ~ 3, 12-15-87; Ord. No. 90-150, ~
2, 12.18-90; Ord. No. 92-35, ~ 1,5-5-92)
Sec. 14-59. Alternative requirements.
References in this article or the South Florida
Fire Prevention Code to provisions and standards
2013
A
T
T
A
C
H
M
E
N
T
..
12
g 14-41
DADE COUNTY CODE
("~'h'"
,
,
(C) This article and the S.F.F.P.C. shall be lib-
erally construed to protect the public health,
safety, and welfare.
(D) This article and the S.F.F.P.C. shall not be
construed to provide any cause of action or claim
for relief of any kind whatsoever to any person
other than the chief fire code enforcement official
of the jurisdiction, or his designee, or the South
Florida Fire Prevention Code Enforcement Of-
ficer, or both, and shall be retroactively applied to
effectuate the foregoing.
(Ord. No. 87-89, ~ 3, 12-15-87; Ord. No. 90-150, ~
5, 12-18-90)
Sec. 14.42. Minimum fire safety standards.
(A) The requirements of the S.F.F.P.C. and this
article shall be a minimum standard for the in-
corporated and unincorporated areas of Dade
County, Florida.
(B) The requirements of the S.F.F.P.C. and this
article shall not apply to buildings and structures
subject to the uniform fire safety standards pro-
mulgated pursuant to Section 633.022, Florida
Statutes, as same may be amended from time to
time.
(C) The requirements of the S.F.F.P.C. and this
article shall not apply to buildings and structures
subject to the minimum fire safety standards
adopted pursuant to Sections 394.879 and 396.176,
Florida Statutes, as same may be amended from
time to time.
(D) The requirements of the S.F.F.P.C. and this
article shall be a minimum fire safety standard
code. A municipality with fire safety responsibil-
ities may adopt more stringent fire safety stan-
dards. Minimum fire safety standards shall be met
by every occupancy, facility, building, structure,
premises, device, or activity to which said stan-
dards apply.
(E) The new building or structure requirements
set forth in the S.F.F.P.C. and this article shall
apply only to buildings or structures for which the
building permit is issued on or after January 1,
1988.
(F) Subject to the provisions of subsection (G)
herein, the existing building or structure require-
ments set forth in the S.F.F.P.C. and this article
shall apply to buildings or structures for which
the building permit was issued or the building or
structures were constructed prior to January 1,
1988.
(G) With respect to existing buildings,the Leg-
islature of the State of Florida has recognized that
it is not always practical to apply any or all of the
requirements of the S.F.F.P.C. and this article and
that physical limitations may require dispropor-
tionate effort or expense with little increase in
life safety.
(1) Prior to applying the requirements of the
S.F.F.P.C. and this article to an existing
building, the chief fire official of the juris-
diction, or his designee, shall determine that
a threat to life safety or property exists.
(2) If a threat to life safety or property exists
the chief fire official of the jurisdiction, or
his designee, shall apply the applicable re-
quirements of the S.F.F.P.C. and this ar-
ticle to the extent practical to assure a rea-
sonable degree of life safety and safety of
prt>perty.
(3) The chief of fire official of the jurisdiction,
or his designee, shall fashion a reasonable
alternative which affords an equivalent de-
gree of life safety and safety of property.
(4) The decisions of the chief fire official of the
jurisdiction, or his designee, under subsec-
tion (G) may be appealed to the Dade County
Fire Prevention and Safety Appeals Board.
(H) Nothing in this section shall preclude a mu-
nicipality, County, or special district from re-
quiring a structure to be maintained in accor-
dance with S.F.F.P.C. and this article.
(Ord. No. 87-89, 9 3, 12-15-87)
f
.
l
Sec. 14-43. Resolution of conflict of laws.
(A) In the event of a conflict between (i) the
requirements of the South Florida Building Code,
as same may be amended from time to time, and
(ii) the requirements of the South Florida Fire
Prevention Code and this article, as all of same
may be amended from time to time, the conflict
shall be resolved by agreement between the chief
r
\~.
1994