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HomeMy WebLinkAbout2001 12 10 Public Hearings D Second Reading - Ordinance 2001-54 Fire Prevention Code .', COMMISSION AGENDA ITEM D Consent Informational Public Hearing X Regular December 10.2001 Meeting ~Dept--Jf ~ Authorization REQUEST: The Fire Chief and City Attorney is requesting that the City Commission conduct a Second Reading and Public Hearing for Ordinance No. 2001-54 concerning revisions to Article III of Chapter 7 of The City of Winter Springs Code Of Ordinances concerning Fire Prevention Code. PURPOSE: The purpose of this agenda item is to consider repealing the existing Article III of Chapter 7 and adopting a new Article III of Chapter 7 of the City of Winter Springs Code of Ordinances, providing for local amendments to the Florida Fire Prevention Code, providing for appeal of substantial affected parties, providing for an impact fee credit, providing for the adoption of a more stringent uniform firesafety standard for fire sprinkler systems, providing for the repeal of prior inconsistent ordinances and resolutions, providing for incorporation into the code; providing for severability, and providing for an effective date. APPLICABLE LAW AND PUBLIC POLICY: Chapter 98-287 Laws of Florida initiated the development of a uniform and statewide fire prevention and life safety code, under the authority of the Office ofthe State Fire Marshal. Chapter 633, Florida Statutes, following public hearing regarding the need to strengthen the requirements of the minimum firesafety code the City Commission may adopt by Ordinance a local amendment to the Florida Fire Prevention Code, provided such amendment provides a higher level of protection to the public than the level specified in the Florida Fire Prevention Code and that such additional requirements will not be discriminatory as to materials, products, or construction techniques. DECEMBER 10,2001 PUBLIC HEARING AGENDA ITEM D Page 2 CONSIDERATIONS: The State Fire Marshal has adopted, with amendments, the National Fire Protection Associations, Fire Prevention Code (NFP A 1) and the Life Safety Code (NFPA 101), which will become effective January 1, 2002. The Florida Fire Prevention Code is to be applicable within and to be enforced by each municipality, county, and special district as the minimum fire safety code. The City of Winter Springs Fire Prevention Code (Article Ill, Chapter 7, City Code of Ordinances) shall be effective until the adoption of the Florida Fire Prevention Code, which is effective on January 1,2002. Thereafter the City of Winter Springs Fire Prevention Code will be replaced by the state code. The State Fire Marshal, following review of proposed fire sprinkler standards, has declined to include within the recently adopted Florida Fire Prevention Code many of the current fire sprinkler standards provided for within the City of Winter Springs Code. In the experience of the Winter Springs Fire Department, requiring fire sprinkler systems in the past has controlled or completely extinguished fires before the fire department could reach the scene, in every structure which had fire sprinklers, thereby protecting far greater loss to property and lives. The requirement of fire sprinkler systems in certain structures is a more stringent requirement than provided within the Florida Fire Prevention Code, but the City Commission finds that the same is needed for protection of life and property within the City of Winter Springs. The Florida Fire Prevention Code provides that municipalities may adopt more stringent fire safety standards through a local amendment process, and the City Commission desires to strengthen the requirements of the minimum fire safety code by re-adopting its Section 7-56 ofthe current Fire Prevention Code. The City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. The impact fee reductions by adopting this ordinance are $0.05 per square foot in commercial occupancies. The current impact fee for commercial occupancies is $0.28 per square foot. This would reduce the current impact fee to $0.23 per square foot or an 18% impact fee reduction as a credit for adding fire sprinklers. As an example, a 5000 square foot commercial structure would generate $1,400 in fire impact fees, with the impact fee credit for fire sprinklers the fee would be $1,150 or $250 less. DECEMBER 10,2001 PUBLIC HEARING AGENDA ITEM D Page 3 Single family residential structures under this ordinance proposal would receive the entire fire impact fee credit. The current fire impact fee is $103.63 for a single- family dwelling. No single-family structures in the city have been constructed with fire sprinklers to date. This impact fee reduction would be the first step in encouraging builders to use affordable style fire sprinkler systems in single family residential construction. A first reading and public hearing was held on November 26,2001 with the City Commission approving the agenda item with the stipulation that the effective date of the ordinance be change to January 1,2002. Furthermore, the City Attorney is to research and report if any conflict would occur with the current fire impact fee ordinance, in regards to the impact fee credit contained in Ordinance No. 2001-54. STAFF RECOMMENDATION: The Fire Chief and City Attorney recommend approval of second reading and adoption of Ordinance No. 2001-54 and to establish an effective date that occurs on January 1,2002. ATTACHMENTS: A - The City of Winter Springs Code Chapter 7, Article Ill. B - The City of Winter Springs Code Chapter 9, Article VIll. Impact Fees. Division 4. Fire Public Safety Facilities C - Ordinance No. 2001-54 CITY COMMISSION ACTION: Chapter 7 FIRE PREVENTION AND PROTECTION* Article I. Fire Department Sec. 7-1. Organization. Sec. 7-2. Creation. Sec. 7-3. Fire chief; authority. Sec. 7-4. Deputy fire chief; authority. Sec. 7-5. Department division; delegation of responsibility. Secs. 7-6-7-25. Reserved. Article n. In General Sec. 7-26. Regulation of open-air burning. Sec. 7-27. Regulation of explosives. Sec. 7-28. False alarms prohibited. Secs. 7-29-7-45. Reser....ed. Article In. Fire Prevention Code Sec. 7-46. Adopted. Sec. 7-47. Effect of the fire prevention code. Sec. 7-48. Storage of hazardous materials. Sec. 7-49. Interpretations. Sec. 7-50. Enforcement. Sec. 7.51. Modifications. Sec. 7-52. Appeals. Sec. 7-53. Inspections. Sec. 7-54. Violations. Sec. 7-55. User fees and charges. Sec. 7-56. Automatic fire sprinkler systems. Secs. 7-57-7-75. Reserved. Sec. 7-76. Sec. 7-77. Sec. 7-78. Sec. 7-79. Sec. 7-80. Sec. 7-81. Article IV. Fire Hydrants Required. Responsibility for provision and maintenance. Hydrant installation specifications. Obstruction of hydrants. Approval and acceptance by the city. On Site static water supplies. .Editor's note-Ord. No. 514, adopted Feb. 24, 1992, provided for the deletion of provisions pertaining to fire prevention and protection, such provisions being ~~ 7-1-7-79 as derived from the 1974 Code, ~~ 6-1-6-4, 6-21-6-23, 6-30-6-39, 6-50-6-53; Ord. No. 410, ~ I, adopted Feb. 22, 1988; and Ord. No. 442, ~ I, adopted Nov. 28, 1988. Ord.l\o. 514 enacted in lieu thereof new provisions pertaining to the' same subject matter set forth herein as ~~ 7-1-7-5, 7-26-7-28, 7-46-7-56, 7-76-7-81. Cross references-Code enforcement board to enforce certain ordinances of the city, ~ 2-56 et seq.; buildings and building regulations, Ch. 6; electrical code adopted, ~ 6-101 et seq.; land development, Ch. 9; fire public safety impact fee, ~ 9-396 et seq.; licenses and business regulations, Ch. 10; nuisances, Ch. 13; planning, Ch. 15; signs and advertising, Ch. 16; streets, sidewalks and other public places, Ch. 17; utilities, Ch. 19; zoning, Ch. 20. State law reference-Fire prevention and control, F.S. Ch. 633. 433 ATTACHMENT: "A" FIRE PREVENTION AJ.'lD PROTECTION 9 7-26 ARTICLE 1. FIRE DEPARTMENT Sec. 7-1. Organization. The fire department of the city shall be orga- nized as prescribed in this article. (Ord. No. 514, S 1, 2-24-92) Sec. 7.2. Creation. The fire department is hereby created as a separate and autonomous municipal department. It shall be the mission of the fire department to protect the city and its citizens from fire or other such emergencies, and to educate, protect and serve the citizens of the community. (Ord. No. 514, S 1,2-24-92) Sec. 7-3. Fire chief; authority. (a) The fire chief shall be the administrative head of the fire department. (b) The fire chief shall have the authority to enforce all ordinances and regulations of the city pertaining to the fire department. (Ord. No. 514, ~ 1,2-24-92) Sec. 7-4. Deputy fire chief; authority. (a) The deputy fire chief shall assume the duties of the fire chief during the absence of the fire chief. (b) The deputy fire chief shall have the same authority as the fire chief as stated in Section 7-3(b). (Ord. No. 514, S 1, 2-24-92) Sec. 7-5. Department division; delegation of responsibility. (a) The fire department shall perform four (4) major functions: (1) Combat (fire suppression) (2) Fire prevention (3) Emergency medical services (4) Training (b) The fire marshal shall be delegated the responsibility for the fire prevention division. (c) The emergency medical services director shall be delegated the responsibility for the emer- gency medical services division. (d) The training officer shall be delegated the responsibility for the training division. (Ord. No. 514, ~ 1, 2-14-92) Secs. 7-6-7-25. Reserved. ARTICLE II. IN GENERAL Sec. 7.26. Regulation of open-air burning. (a) No person shall burn outdoors within the city limits, except in an incinerator, any solid waste in the form of trash, paper, grass clippings, leaves, underbrush, felled trees, or other combus- tible vegetable material without the express per- mission of the fire department regarding the location, size and duration of each burning, nor without constant supervision of each burning until the last spark of fire is extinguished. (b) Under no circumstances shall any person burn any food waste whatsoever at any time . within the city limits. (c) In the event of a disaster sufficient to preclude commercial collection of solid waste or any cessation of such service, the public shall gather solid waste, excluding food waste, in the usual manor for pickup at curbside by city owned or city hired vehicles, to be burned under the sup€rvision of the fire department at sites desig- nated by the disaster management coordinator. During such emergency situations, the public shall bury all food waste, and such food waste shall not be burned by the public nor deposited with other solid waste for collection. (d) For major land clearing operations, a burn- ing permit shall be obtained from the fire depart- ment, providing that all rules and regulations of such burning comply with both the Florida Divi- sion of Forestry and the Department of Environ- mental Regulations. The burn site shall be in- spected by the fire department prior to the issuing of any permit. A fee will be charged for such permits in accordance with the fee schedule adopted by resolution of the city commission. Said permit may remain in force for a period not to exceed 435 ~ 7-26 WINTER SPRINGS CODE thirty (30) calendar days. Bum permits may be revoked at any time for just cause and the fee forfeited. Should fire department services be re- quired to extinguish a permitted bum due to negligence or other failure on the part of the permittee(s), a fine of one hundred dollars ($100.00) shall be levied against the responsible permit- tee(s). {Ord. No. 514, S 1, 2-24-92) Sec. 7-27. Regulation of explosives. (a) No person(s) shall discharge or detonate, nor allow the discharge or detonation of any illegal fireworks, as defined by Section 791-01(8), Florida Statutes, dynamite or any other explosive at any time within the city limits without the express pennission of both the fire and police departments. (b) Permitted public fireworks displays han- dled by licensed pyrotechnical businesses are ex- cluded, subject to their obtaining proper permits and inspections by the office of the fire marshal. (Ord. No. 514, S 1, 2-24-92) Sec. 7-28. False alarms prohibited. It shall be unlawful for any person, either intentionally or without reasonable cause to sound a false alarm of fire or hazard from an explosive or incendiary device, by rousing public alert by call- ing or shouting or other audible or visible method, telephoning, setting off a fire alarm box or elec- tronic signal, failure to repair faulty alarm equip- ment which activates without adequate need, or by any other method creating a misleading im- pression of the existence of present or impeding danger from fire, explosion or bomb. (Ord. No. 514, S 1, 2-24-92) Cross reference-Buildings and building regulations, Ch.6. State law reference-False alarms, F.S. ~ 806.101. Sees. 7-29-7-45. Reserved. ARTICLE III. FIRE PREVENTION CODE Sec. 7-46. Adopted. (a) For the purpose of prescribing regulations governing conditions hazardous to life and prop- erty from fire or explosion, there is hereby speci- fied and adopted a fire prevention code for the city. (b) The fire prevention code of the city shall be composed collectively of the following specified codes, subject to the qualifications prescribed subsequently: 1. State Fire Marshal's Rules and Regula- tions, Title 4A, Florida Administrative Code, 1990 edition. 2. Southern Building Code Congress Inter- national (SBCCn Standard Fire Preven- tion Code, 1994 edition. 3. National Fire Protection Association, Life Safety Code 101, 1991 edition. (Ord. No. 514, S 1, 2-24-92; oi-d. No. 579, s I, 3-13-95) Sec. 7-47. Effect of the fire prevention code. The specified codes adopted in section 7-46 comprising the fire prevention code, hereinafter referred to as the code, are hereby adopted and incorporated herein as fully as ifset out at length, save and except such portions as are hereinafter deleted, modified, or amended. One (1) copy of the . completed code shall be on file in the office of the fire marshal. (Ord. No. 514, S 1, 2-24-92) Sec. 7-48. Storage of hazardous materials. Establishment oflimits prohibiting the storage offlammable liquids in outside aboveground tanks, bulk storage of liquefied petroleum gases, storage of explosives and blasting agents, and bulk stor- age of any other hazardous material or compound. The limits referred to in this section shall be the entire corporate limits of the city. (Ord. No. 514, S 1, 2-24-92) Sec. 7-49. Interpretations. (a) Wherever the word "municipality" appears in this code, it shall be held to mean the City of Winter Springs, Florida. (b) Any new building constructed within the city must meet the requirements of this code, as minimum standards, prior to its occupancy. (c) Any existing building, upon renovations or changes consisting of more than fifty (50) percent, of the total square footage of said building, or 436 FIRE PREVENTION Ai'\lD PROTECTION costing more than fifty (50) percent of the as- sessed value of said building, shall be required to bring the building into compliarice with current codes. (Ord. No. 514, S 1, 2-24-92) Sec. 7-50. Enforcement. The fire prevention code shall be enforced by the fire chief and/or fire marshal of the me department. (Ord. No. 514, S 1, 2-24-92) Sec. 7-51. Modifications. The fire chief and/or fire marshal shall have the power to modify any of the provisions of the code. When upon application in writing by a property owner or duly authorized agent, the fire chief and/or fire marshal determines there are practical difficulties in complying with the strict letter of the code, relief may be granted provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. When such modification is made, a record shall be kept including a description and explanation of the variation from the code requested and the deci- sion made. This document shall be kept at the fire department, and a signed copy furnished to the applicant. (Ord. No. 514, S 1, 2-24-92) Sec. 7-52. Appeals. Whenever the fire chief and/or fire marshal shall refuse to approve or grant a permit or shall disapprove an application for modification to the code, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may file, within thirty (30) days from the date of such negative decision, an appeal with the city commission. (Ord. No. 514, S 1,2-24-92) Sec. 7.53. Inspections. The fire marshal or his authorized agent shall periodically inspect, at any reasonable hour, any and all multi-family dwellings and any and all commercial buildings, equipment and vehicles on premises within the city. If it be found that any ~ 7-56 such building or structure is in need of repairs or lacks sufficient fire escapes, alarm apparatus, fire extinguishing devices, or if it be found that any such building, structure, equipment or vehicle is in dilapidated condition or is especially liable to fire from any other cause, and further is situated so as to endanger life or property, it may be ordered to be removed or rendered safe within a reasonable length of time. (Ord. No. 514, S 1,2-24-92) Sec. 7-54. Violations. Any person(s) who shall violate any provisions of this code, or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans sub- mitted and approved thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the city or by a court of competent jurisdiction, within the time affixed herein, shall be subject to the penalty prescribed in section 1-15. The impo- sition of one (1) penalty for any 'jiolation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reason- able time; and when not otherwise specified, each ten (10) days that prohibited conditions are main- tained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. (Ord. No. 514, S 1, 2-24-92) Sec. 7-55. User fees and charges. User fees and charges for specific and/or unique fire department services, shall be required accord- ing to the resolution passed by the city commis- sion. (Ord. No. 514, S 1,2-24-92) Sec. 7-56. Automatic fire sprinkler systems. (a) Automatic fire sprinkler systems shall be required as follows: (1) Throughout all buildings used for commer- cial purposes, including but not limited to offices, mercantile stores, restaurants, 437 ~ 7-56 WINTER SPRINGS CODE manufacturing, industrial or storage, if the total square footage is three thousand five hundred (3,500) square feet or more regardless of type of construction. (2) Throughout all hotels, motels, condomin- iums, apartment buildings, or dormito- ries, regardless of size or type of construc- tion. . (3) Throughout all hospitals, nursing homes, adult congregate living facilities or other medical facilities, regardless of size or type of construction. (4) Throughout all Group "H" hazardous oc- cupancies, regardless of size or type of construction, except where the applica- tion of water might constitute a life safety hazard or increase the severity of the fire. (5) Throughout all educational facilities re- gardless of size or type of construction. (b) Automatic fire sprinkler systems shall be installed to the specifications of NFPA 13, Stan- dard for the installation of sprinkler systems, 1991 edition, NFPA 13D, Standard for the instal- lation of sprinkler systems in one- and two-family dwellings and mobile homes, 1991 edition, and NFPA 13R, Standard for the installation of sprin- kler systems in residential occupancies up to four (4) stories in height, 1991 edition. (c) All buildings equipped with automatic sprin- kler systems as required by subsection (b) above, shall be required to have such systems monitored by a central station monitoring company installed to the specifications ofNFPA 71, Standard for the installation, maintenance and use of central sta- tion signaling systems, 1989 edition. (d) All automatic fire sprinkler systems as required by subsection (b) above, shall be. re- quired to have such systems inspected, tested and maintained to the specifications of NFPA 13A, Standard for the inspection, maintenance and testing of sprinkler systems, 1991 edition. A copy of each inspection report shall be furnished to the fire marshal's office. (e) All automatic fire sprinkler systems shall be installed by a licensed fire protection system contractor, pursuant to Florida Statute 633.521, and Florida State Fire Marshal Rule 4A-46. (f) If an automatic fire sprinkler system is required to be shut off for any reason, the fire department shall be notified when it is shut off and when it is returned to service. (Ord. No. 514, ~ 1, 2-24-92) Sees. 7-57-7-75. Reserved. ARTICLE IV. FIRE HYDRANTS* Sec. 7-76. Required. Fire hydrants shall be installed to serve all developments as prescribed in this article. (Ord. No. 514, S 1, 2-24-92) See. 7-77. Responsibility for provision and maintenance. (a) All land development shall include provi- sion for fire hydrants at the time of development as set forth in section 9-261. Fire hydrants shall be furnished and installed entirely at the expense of the developers. (b) The utility servicing fire hydrants with water shall be responsible to maintain and re- place as necessary all service mains and connec- tions to the bases of the hydrants. (c) The city shall assume ownership and main- tenance of only the fire hydrant itself, at the time and in the manner specified below: (1) Hydrants on public streets will be ac- cepted by the city simultaneously with acceptance of the public improvements in the right-of-way involved, after inspection and approval of the fire chief. (2) Hydrants on private streets will be ac- cepted by the city after final inspection and approval of the improvements to be .Cross references-Buildings and building regulations. . Ch. 6, plumbing, 6-126 et seq.; flood damage prevention, Ch. 8; land development, Ch. 9; motor vehicles and traffic, Ch. 12; planning, Ch. 15: streets, sidewalks and other public places, Cb. 17; utilities, Ch. 19; and zoning, Ch. 20. . 438 FIRE PREVENTION A..'1D PROTECTION privately maintained in the right-of-way, easement or common area involved. Trans- fer of ownership of hydrants shall occur only after inspection and approval of each hydrant by the fire chief. Such approved hydrants shall be deeded to the city by a legal document prepared by the developer and reviewed and approved by the city. (Ord. No. 514, S 1, 2-24-92) Sec. 7-78. Hydrant installation specifica- tions. (a) Spacing: Hydrants shall be spaced not more than seven hundred fifty (750) feet apart in single- family residential zoning districts or single- family sections of planned unit developments and not more than five hundred (500) feet apart in all other districts. Developers shall be required to place water systems and hydrants within the developments in a looped system to provide max- imum firefighting capability. (b) Proximity to building: No building or struc- ture shall be erected at a distance more than three hundred fifty (350) feet from the nearest fire hydrant, such distance being measured along tbe road right-of-way, nor be set back at a dis- tance measuring more than three hundred fifty (350) feet perpendlcularly to the edge of the right-of-way. This restriction shall not apply to underdeveloped areas of the city where water mains have not been installed within seven hun- dred fifty (750) feet of the proposed structure. (1) No building permit shall be issued when the above requirements are not met un- less the city commission has specifically granted a waiver of the distance specifi- cation. (2) A petition for waiver of the distance spec- ification may be considered by the city commission upon written application from the property owner or authorized agent. The applicant shall be required to demon- strate that enforcement of this require- ment would cause undue hardship, upon which the commission may grant a waiver. ~ 7-81 (c) Orientation: Hydrants shall be positioned so that the large opening of the hydrant face, (steamer port), points in the direction most proper to facilitate easy access to fire department pump- ers. (d) Height: Hydrants shall be installed at such height that the base of the hydrant barrel secur- ing bolts are above the surrounding land finish grade and ground cover so as to provide ready accessibility for maintenance. In addition, the distance between the' ground or ground cover to the center line of the steamer port of the bydrant shall not be less than eighteen (18) inches. (e) Water control valve: Each hydrant shall have its own under ground on-off control valve immediately adjacent to the hydrant. (t) Color and markings: Each hydrant shall be painted uniformly. The hydrant barrel and all caps shall be DOT yellow. The bonnet shall be white with 3M reflective coating applied. The hydrant number shall be stenciled with one-inch numbers, black in color. The hydrant number shall be provided by the fire department. (Ord. No. 514, S 1,2-24-92) Sec. 7-79. Obstruction of hydrants. No obstructing material, sign, fence, wall, bush, tree, or other such obstacle shall be placed or allowed to remain within a ten (10) feet circular radius of a fire hydrant, with the fire hydrant being the center point of such radius. (Ord. No. 514, ~ I, 2-24-92) Sec. 7-SO. Approval and acceptance by the city. Approval of the type of fire hydrants installed and of the location, placement, orientation and height of each hydrant shall be the decision of the fire chief. Acceptance of hydrants installed by developers or builders shall be at the sole discre- tion and determination of the fire chief. (Ord. No. 514, S I, 2-24-92) Sec. 7-81. On Site static water supplies. In areas of the city, zoned commercial, where water mains have not been installed, a static \';,ater source shall be required for all construction 439 ~ 7-81 WINTER SPRINGS CODE consisting of five thousand (5,000) square feet or more. This requirement may also apply to smaller occupancies depending upon the hazard involved. All tank installations shall require the proper building permits, site plans and engineering plans. (1) Tank size. The minimum tank size allow- able shall be five thousand (5,000) U.S. Gallons. Tank size requirements may vary depending upon type of structure, nature of business, fire load, potential hazard and accessibility. (2) Used tanks. Tanks previously used for gasoline or other flammable liquids shall not be used unless these tanks have been purged and are certified to be free of flammable liquids residue or vapors. (3) Tank location. Tanks shall be located at least seventy-five (75) feet from the build- ing(s) to be protected. Tanks shall be located within six (6) feet of an access roadway with an all-weather driving sur- face which is designed to support the imposed loads of fire apparatus. The ar- eas around the tanks shall be marked as fire lanes. (4) Fire department connections; underground tanks. The tank shall be designed so that fire apparatus can draft water from the tank. The tank shall have a minimum four (4) inch pipe (not PVC), starting no more or no less than six (6) inches from the bottom of the tank and extending to a minimum of eighteen (18) inches above finished grade. The pipe shall be fitted with a ninety (90) degree elbow to which a four and one-half(4112) inch male National Standard Fire Service threaded fitting is attached. A minimum four (4) inch vent shall be installed. A four (4) inch pipe with a four and one-half (4112) inch male Na- tional Standard Fire Service threaded fit- ting shall be installed so that the tank may be refilled by fire department appa- ratus. This refill fitting shall be installed at the opposite end of the tank from the drafting connection. (5) Fire department connections; aboveground tank. The tank shall be so designed that fire department apparatus can draft wa- ter from the tank. The tank shall have minimum four (4) inch pipe (not PVC) located on one end of the tank. The bottom of the pipe shall be six (6) inches from the bottom of the tank. The pipe shall be fitted with a compatible gated control valve and a four and one-half (4112) inch male National Standard Fire Service threaded fitting. A minimum four (4) inch vent line shall be installed on the top of the tank. A four (4) inch pipe fitted with a compatible gated control valve and a four and one-half (4112) inch male National Standard Fire Service threaded fitting shall be installed on the opposite end of the tank. This fill line shall enter the tank six (6) inches from the top edge of the tank. (6) Tanh maintenance and serviceability. The tank shall be connected to the domestic water supply of the building and shall have a float switch to ensure that tank is kept full at all times. All steel tanks shall be suitably coated with a rust inhibited material. It shall be the responsibility of the owner of the property to ensure that the tank is maintained in good working order at all times and to flush or have flushed and cleaned at least annually. All tanks shall be installed in a neat and good workmanship like manner and shall com- ply with all proper installation methods and procedures, including, but not limited to, sound engineering practices. (7) Tank marking. The drafting filling shall be painted lime yellow; the fill fitting and piping shall be painted red. A sign shall be posted stating the following warning: WARNING NON-POTABLE WATER FOR FIRE-FIGHTING USE O:-rLY This sign shall be white with red l::ttering at least one inch high. Sign size shall be at 440 FIRE PREVENTION AND PROTECTION 9 7-81 least eighteen (18) inches wide and twelve (12) inches high. This sign may be painted directly on the tank. (Ord. No. 514, S 1, 2-24-92) ~". 441 (J) ~ i-3 ..... (") ~ t;3 ::0 (J) o ~ ::0 o t%j t=l tool ~ CJ) >-:3 ~ ..... o z *'" *'" t,j ~ '" :J '" x .... 'tl III aq '" iii' ~ <D 2 vent (~" lllininun)..... STATIC WAml 9:XR:E FIRE 1l:1'ARM:Nl' t1W7IN; 'tAN( KINIK.tl 5,<xx> U. S. GWlRi CAPACIlY AR7v'EC1W() INSrJ.LUnal . Le,o" lllinillln length (actual length vi 11 be detemlined by saddle used) till line (4" minillln) ,..., , 0' L..j , locate saddlu per II1n1bcturer. spedtiatilN, minimlll of 3 required. secure aU piping and valves all necessary. el.\nlo to face direction of road-v"y for p.arper hook",!,. ~ vent line (4" 1Ilinim.n) rr II II pH.. '''''''' ,... 'p ~"'h~''''~ 4\""'1 NSr htt1ll8 , . grade level II . ~r II " '1 II I, '. IJ 5rATIC !;AlDl SllIn: F1IlE IEPAlml!Nl' tIlAFI'DC 'tAN( HINlIiM 5, (XX) U. S. GWlRi CAPACIlY ~ 'DlSTAU.JJIal 6"f ~4" minimal '1\ with go. tl!'D" end 4\" lIB1e lIST fitting. l1--flll line .J ~ (4" min inunl ... grard prepantLon oha 11 depenl upon 10 il type. wt er tab 1e 1.....1 and other ql_rins ~ton. TanluI..y be .iDply burled \11th I C<lOCrltl .Lob OI/ar top of it or it lllI)' require .trlpping and ti~. <.()o -...) & ..... ~ ~ [>j ~ CJ) 'tl ~ Z c;') CJ) n o t:l [>j S 9-391.10 WINTER SPRINGS CODE (2) Whether the expense or obligations were made or incurred subsequent to May 14, 1990, after which day the adoption ofthis division was pending; and (3) Whether the operation of this division would create an erroneous burden which would prevent petitioner from making a reasonable return on his investment. (c) The city shall not permit the extension of a building permit beyond the initial time for acti- vation without the applicant complying with this division. (d) If a previously approved development order or other binding agreement contained conditions regarding police service impact, police impact fees and their designated uses, or contributions to the capital asset inventory of the police department, the developer or his successor may request a modification of such prior approvals in order to bring the approval conditions into consistency. (Ord. No. 487, ~ 10, 7-9-90; Ord. No. 597, ~ 10, 9-25-95; Ord. No. 688, ~ 10, 10-27-97; Ord. No. 741, ~ 10, 9-27-99) Sec. 9-391.11. Penalty for violation. Violation of this division shall constitute a misdemeanor ofthe second degree. Notwithstand- ing the criminal penalty provided for herein, the city may obtain an injunction or other legal equi- table relief in the circuit court against any person violating this division. (Ord. No. 487, 9 11, 7-9-90; Ord. No. 597, 9 11, 9-25-95; Ord. No. 688, ~ 11, 10-27-97; Ord. No. 741, ~ 11,9-27-99) Sec. 9-391.12. Appeal. Any person aggrieved by any portion of this division shall appeal directly to the city commis- sion. To file an appeal, an individual must file an application with the city manager and submit such information and documentation with said application as may be required by the city man- ager. The city manager shall make a determina- tion as to the sufficiency of the application. An application for appeal must be filed with the city ATTACHMENT: "B" manager within thirty (30) days of any action taken by the city for which a person is aggrieved. (Ord. No. 487, 9 12, 7-9-90; Ord. No. 597, S 12, 9-25-95; Ord. No. 688, S 12, 10-27-97; Ord. No. 741, 9 12,9-27-99) Sees. 9-392-9-395. Reserved. DIVISION 4. FIRE PUBLIC SAFETY FACILITIES* Sec. 9-396. Fire public safety facilities im- pact fee. [Fire public safety impact fee provisions are set forth herein as sections 9-396.1 through 9-396.12.] Sec. 9-396.1. Levy and purpose. For the purpose of helping to defray the cost of new or expanded fire facilities and equipment attributable to new construction within the city limits, impact fees are hereby levied on new construction within the city limits in accordance with the provisions of section 9-396.5, payment of fees, and other provisions of this division. This division is intended to be consistent with the principals for allocating a fair share of the cost of new public facilities to new users as established by the Florida Supreme Court. (Ord. No. 488, S 1, 7-9-90; Ord. No. 588, S 1, 9-25-95; Ord. No. 689, ~ 1, 10-27-97; Ord. No. 742, ~ 1, 9-27-99) Sec. 9-396.2. Definitions. Unless otherwise specified herein, the defini- tions, classifications and uses shall be as set forth in the City of Winter Springs Land Development Code. .Editor's note-Ord. No. 488, SS 1-12, adopted July 9, 1990, did not specify manner of codification; hence, inclusion as Div. 4, SS 9-396.1-9-396.12, has been at the discretion of the editor. Decimals used in numbering the substantive sec- tions in this division reflect like sections of the ordinances so that the numbering system is in conformity with Divs. 2 and 3. Cross references-Buildings and building regulations, Ch. 6; building permits, S 6-46 et seq.; fire prevention and protection, Ch. 7; planning, Ch. 15; zoning, Ch. 20. 630 LAND DEVELOPMENT Building permit: Any building or construction permit required under the Winter Springs Build- ing Code, Chapter 6 of this Code. Fire public safety facilities capital improve- ments: The land, building, facilities, vehicles and equipment necessary for the fire department of the city to provide firefighting and fire protection services and paramedic services to the citizens of Winter Springs. Nonresidential: Includes all land uses not oth- erwise specified as residential or exempted as set forth herein. This shall include, but is not limited to day care facilities, residential care facilities, nursing homes, boarding houses, home occupa- tions, educational facilities, libraries, cultural fa- cilities, churches, all commercial uses, all tran- sient lodging and entertainment facilities except those which are temporary in nature, all automo- tive facilities and/or structures, all miscellaneous business uses and services and all industrial uses. Residential. Includes single-family dwellings, multi-family dwelling units, mobile homes, acces- sory dwelling units, accessory residential struc- tures. (Ord. No. 488, S 2, 7-9-90; Ord. No. 588, S 2, 9-25-95; Ord. No. 689, S 2,10-27-97; Ord. No. 742, S 2, 9-27-99) Sec. 9-396.3. Applicability and exemptions. This division shall apply to all new construc- tion within the city limits except the following: (1) Expansion of a residential dwelling unit not creating another dwelling unit; and (2) Remodeling or rebuilding of any struc- ture; and (3) Construction under any building permit originally issued during the year preced- ing the effective date of this Ordinance No. 488 [July 9, 1990]; and (4) Temporary activities and uses including, but not limited to temporary construction and temporary commercial amusements; and (5) Public service structures; and ~ 9-396.5 (6) Publicly owned and operated building or structures used for general governmental purposes (to include but not limited to sewer, stormwater, fire, ground transpor- tation, solid waste, parks, recreation and cultural purposes); and (7) Construction associated with raising ani- mals; and (8) Construction related to agriculture. (Ord. No. 488, S 5, 7-9-90; Ord. No. 588, S 3, 9-25-95; Ord. No. 689, S 3,10-27-97; Ord. No. 742, S 1,9-27-99) Sec. 9-396.4. Determination of fee amounts. Impact fees shall be determined and reviewed at least every other year in accordance with a detailed analysis of projected construction within the city limits, the cost of any expanded or new capital facilities and equipment for fire public service facilities generated by such construction and the money otherwise available to meet such costs. The city commission may annually adjust the established impact fee rate to reflect the changes in the cost of relevant capital facilities and equipment. All changes or adjustments in the established impact fee rates shall be made by ordinance a~d shall apply only to construction for which building permits are issued after the effec- tive date of such ordinance. (Ord. No. 488, S 3, 7-9-90; Ord. No. 588, S 4, 9-25-95; Ord. No. 689, S 3,10-27-97; Ord. No. 742, S 4, 9-27-97) Sec. 9-396.5. Payment of fees. (a) Time of payment. The fire public safety facilities fee is to be paid prior to or in conjunction with the issuance of a building permit. (b) Method of payment. Impact fees shall be paid in cash unless the city commission specifi- cally accepts an in-kind contribution of land or capital facilities for public use. Credit for any in-kind contribution shall be on a fair market value basis as of the date the city commission accepts the offer of such contribution. The fair market value of any land accepted as an in-kind contribution shall be based upon an appraisal of 631 ~ 9-396.5 WINTER SPRINGS CODE its highest and best use then allowed under its current land use designation. Such appraisal shall be paid for by the donor. (c) Amount of fee. The fire public safety facili- ties to be paid prior to or in conjunction with the issuance of a building permit shall be levied based upon the following formula and in the following amounts: (1) Residential: {CAl x RC)IRDU = Cost per dwelling unit. (2) Non-residential: {CAl x NC)/NSF = Cost per square foot of non- residential development. CAl Capital asset inventory. RC Percent residential calls. NC Percentage of nonresiden- tial calls. RDU Number of residential dwell- ing units. NSF Nonresidential square foot- age (Non-residential fee shall be levied upon that portion of a structure which IS classified as nonresiden- tial). (Ord. No: 488, S 4, 7-9-90; Ord. No. 588, ~ 5, 9-25-95; Ord. No. 689, ~ 5, 10-27-97; Ord. No. 742, S 5, 9-27-99) Editor's note-The numerical values and costs refer- enced in subsections (c)(1) and (2) above are not set out herein, but are on file and available for inspection in the offices of the city clerk and the building inspector. Sec. 9-396.6. Credits. An applicant for a building permit shall be entitled to a credit against future impact fees assessed pursuant to this Ordinance for contribu- tions, dedications, or improvements required by the city or through agreements with the city as a condition of any developm~nt permit by the city, and said credit shall be an amount equal to the fair market value of any contribution of land or capital facilities for public use. The fair market value shall be determined as of the date the city commission accepts the offer of such contribution. The fair market value of any land accepted for credit offuture impact fees shall be based upon an appraisal of its highest and best use and then allowed under its current land use designation. Such appraisal shall be paid for by the donor. No credit will be granted pursuant to this section unless the contribution ofland or capital facilities for public use was made within the year preceding the effective date of this Ordinance No. 4788 [July 9, 1990], and the contribution of land or capital facilities for pubic use has been or will be included in the capital asset inventory of the fire depart- ment of the City of Winter Springs. (Ord. No. 488, ~ 6, 7-9-90; Ord. No. 588, ~ 6, 9-25-95; Ord. No. 689, ~ 1, 10-27-97; Ord. No. 742, ~ 1, 9-27-99) Sec. 9-396.7. Establishment of a trust fund. (a) The impact fees collected by the city pursu- ant to this division shall be kept separate from other revenue of the city and a capital expansion trust fund is hereby created: Fire Protection Cap- ital Expansion Trust Fund. (b) Use of funds. The amounts in the fire protection capital expansion trust fund shall be used only for the purpose contained in the title of such fund and for no other purpose. Expenditures from the fund shall be specifically approved by the city commission and shall be limited to the expansion/acquisition of capital facilities or equip- ment made necessary by the new construction from which the fees were collected or for principal payments (including sinking fund payments) on bonds to expand or acquire such facilities or equipment. Before 'authorizing an expenditure from anyone of these trust funds, the city com- mission shall determine that: (1) Such expenditure is for capital facilities or equipment to be used for the purpose contained in the title of the trust fund from which the expenditure is to be made; and (2) Such expenditure is made necessary by the new construction from which such funds were collected; and (3) Such expenditure shall result in a benefit to the new construction from which said funds were collected. (Ord. No. 488, S 7, 7-9-90; Ord. No. 588, ~ 7, 9-25-95; Ord. No. 689, ~ 7, 10-27-97; Ord. No. 742, ~ 7, 9-27-99) 632 LAND DEVELOPMENT Sec. 9.396.8. Capital expansion plans. The city's fire department, which is to receive funds collected pursuant to this impact fee ordi- nance shall prepare and maintain a capital ex- pansion plan for its individual funds which shall be for a period of no less than one (1) year. The fire department's plan shall be reviewed and ap- proved by the city commission at least annually during the budget review process. (Ord. No. 488, S 8, 7-9-90; Ord. No. 588, S 8, 9-25-95; Ord. No. 689, S 8,10-27-97; Ord. No. 742, S 8, 9-27-99) Sec. 9.396.9. Refunds. Refunds of fire public safety facilities fees paid hereunder may be allowed upon application there- for when it is determined that no construction under a building permit has occurred, and the building permit issued for such construction has expired or otherwise' been cancelled. (Ord. No. 488, S 9, 7-9-90; Ord. No. 588, S 9, 9-25-95; Ord. No. 689, S 9,10-27-97; Ord. No. 742, S 9, 9-27-99) Sec. 9-396.10. Vested rights. (a) A developer or successor in interest of land which has received a building permit may peti- tion the city cOlmnission for a vested rights deter- mination which would exempt the petitioner from the provisions of this division. Such petition shall be evaluated by the city attorney and a recom- mendation thereon submitted to the city commis- sion based upon the following criteria: (1) There exists a valid, unexpired govern- ment act of authorizing a specific devel- opment for which a determination is sought; (2) Expenditures or obligations made or in- curred in reliance upon the authorizing act that are reasonably equivalent to the fees required by this division; (3) That it would be inequitable to deny the petitioner the opportunity to complete the previously approved development under the conditions of approval by requiring the developer to comply with the require- ments of this division. ~ 9-396.11 (b) For the purpose of this section, the follow- ing factors shall be considered in determining whether it would be inequitable to deny the petitioner the opportunity to complete the previ- ously approved development: (1) Whether the injury suffered by the peti- tioner outweighs the public cost of allow- ing the development to go forward with- out payment of the fee required by this division; (2) Whether the expense or obligations were made or incurred subsequent to May 14, 1990, after which day the adoption of this Ordinance was pending; and (3) Whether the operation of this division would create an erroneous burden which would prevent petitioner from making a reasonable return on his investment. (c) The city shall not permit the extension of a building permit beyond the initial time for acti- vation without the applicant complying with this Ordinance. (d) If a previously approved development order or other binding agreement contained conditions regarding fire service impacts, fire impact fees and their designated uses, or contributions to the capital asset inventory of the fire department, the developer or his successor may request a modifi- cation of such prior approvals in order to bring the approval conditions into consistency. (Ord. No. 488, S 10, 7-9-90; Ord. No. 588, S 10, 9-25-95; Ord. No. 689, ~ 10, 10-27-97; Ord. No. 742, S 10, 9-27-99) Sec. 9-396.11. Penalty for violation. Violation of this division shall constitute a misdemeanor of the second degree. Notwithstand- ing the criminal penalty provided for herein, the city may obtain an injunction or other legal equi- table relief in the circuit court against any person violating this Ordinance. (Ord. No. 488, S 11, 7-9-90; Ord. No. 588, S 11, 9-25-95; Ord. No. 689, ~ 11, 10-27-97; Ord. No. 742, S 11,9-27-99) 633 ~ 9-396.12 WINTER SPRINGS CODE Sec. 9-396.12. Appeal. Any person aggrieved by any portion of this division shall appeal directly to the city commis- sion. To file an appeal, an individual must me an application with the city manager and submit such information and documentation with said application as may be required by the city man- ager. The city manager shall make a determina- tion as to the sufficiency of the application. An application for appeal must be filed with the city manager within thirty (30) days of any action taken by the city for which a person is aggrieved. COrd. No. 488, ~ 12, 7-9-90; Ord. No. 588, ~ 12, 9-25-95; Ord. No. 689, g 12, 10-27-97; Ord. No. 742, ~ 12, 9-27-99) Sees. 9-397-9-400. Reserved. ARTICLE IX. VESTED RIGHTS* Sec. 9-401. Intent. In recognition of the fact that certain land development rights of property owners may be vested with respect to the City of Winter Springs Comprehensive Plan and the land development regulations adopted to implement the plan (the "LDRs"), including the requirement for the deter- mination of the availability and capacity of public facilities ("concurrency"), it is the intent of this article to provide for a fair and equitable process for the determination of whether a property owner has vested rights against the comprehensive plan and the land development regulations adopted to implement that plan. (Ord. No. 534, 9 I, 11-23-92) Sec. 9-402. Vested rights application pro- cess. (a) Application for vested rights special use permit. (1) Any person claiming vested rights to de- velop property shall make application for -Editor's note-Inasmuch as Ord. No. 534, ~~ I-IV, adopted Nov. 23, 1992, did not specify manner of codification, such provisions have been designated by the editor as Article IX, substantive sections being ~~ 9-401-9-404. The comprehensive plan referenced in Article IX is not set out at length herein, however, a copy remains on file and available for inspection at the office of the city clerk. a vested rights special use permit pursu- ant to this article. The owner of the sub- ject property must either sign the appli- cation or give written authorization for the applicants to file the application. (2) An application for a vested rights special use permit shall be approved and a vested rights special use permit issued if an applicant meets the requirements set out in this article. Possession of a vested rights special use permit shall enable a permittee to complete the development approved under such per.alit up to and through issuance of appropriate certifi- cates occupancy, subject to the limitations set forth in section 9-404, and subject to compliance with such laws and regula- tions against which the development is not vested. (3) Applications for a vested rights special use permit shall be submitted to the city manager on a form to be provided by the city. Such application must be filed within one (1) year after the later of (i). the adoption of this article or (ii) the rezoning of the subject property in order to bring its zoning into conformance with the land use designation assigned to the property by the Comprehensive Plan Land Use Map adopted on April 27, 1992 (the "plan adoption date"). Except as provided in subsections (a)(4) and (a)(5), below, fail- ure to file an application within the re- quired period will constitute an abandon- ment of any claim to vested rights. Judicial relief will not be available unless admin- istrative remedies set forth in this article are exhausted. (4) If a property owner is absent from the state during the entire filing period, and does not have an agent present in the state during such period, such property owner may, with documentation sufficient to indicate a probable lack of notice, be granted leave by the city manager to file an application within one (1) year after the individual's return to Florida. .... ~~........ 634 ORDINANCE NO. 2001 - 54 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA REPEALING THE EXISTING ARTICLE HI OF CHAPTER 7 AND ADOPTING A NEW ARTICLE III OF CHAPTER 7 OF THE CITY OF WINTER SPRINGS CODE OF ORDINANCES; PROVIDING FOR LOCAL AMENDMENTS TO THE FLORIDA FIRE PREVENTION CODE; PROVIDING FOR APPEAL OF SUBSTANTIAL AFFECTED PARTIES; PROVIDING FOR AN IMPACT FEE CREDIT; PROVIDING FOR THE ADOPTION OF A MORE STRINGENT UNIFORM FIRESAFETY STANDARD FOR FIRE SPRINKLER SYSTEMS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 98-287 Laws of Florida initiated the development of a uniform and statewide fire prevention and life safety code, under the authority of the Office of the State Fire Marshal; and WHEREAS, the State Fire Marshal has adopted, with amendments, the National Fire Protection Associations, Fire Prevention Code (NFPA I) and the Life Safety Code (NFPA 101), which will become effective January 1,2002; and WHEREAS, this Florida Fire Prevention Code is to be applicable within and to be enforced by each municipality, county, and special district as the minimum fire safety code; and WHEREAS, the City of Winter Springs Fire Prevention Code (Article ill, Chapter 7, City Code of Ordinances) shall be effective until the adoption of the Florida Fire Prevention Code, to wit: January 1,2002, thereafter its local code will be replaced by the state code; and WHEREAS, the State Fire Marshal, following review of proposed fire sprinkler standards, has declined to include within the recently adopted Florida Fire Prevention Code many of the current fire sprinkler standards provided for within the City of Winter Springs Code; and WHEREAS, in the experience of the Winter Springs Fire Department, requiring fire sprinkler systems in the past has controlled or completely extinguished fires before the fire department could reach the scene, in every structure which had fire sprinklers, thereby protecting far greater loss to property and lives; and City of Winter Springs Ordinance No. 2001 - 54 Page I of 5 ATTACHMENT: "C" WHEREAS, the requirement of fire sprinkler systems in certain structures is a more stringent requirement than provided within the Florida Fire Prevention Code, but the City Commission finds that the same is needed for the protection of life and property within the City of Winter Springs; and WHEREAS, the Florida Fire Prevention Code provides that municipalities may adopt more stringent fire safety standards through a local amendment process; and WHEREAS, the City Commission desires to strengthen the requirements of the minimum fire safety code by re-adopting its Section 7-56 of the current Fire Prevention Code; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are incorporated herein by reference and made a part of this Ordinance. Section 2. Repeal Code. The City of Winter Springs Code Chapter 7, Article ill, entitled Fire Prevention Code is hereby repealed. A copy of Article ill is attached hereto for reference purposes as Exhibit "A". Section 3. Amend Code. The City of Winter Springs Code Chapter 7, is hereby amended by the adoption of a new Article Ill, entitled Local Amendment to the Florida Fire Prevention Code as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance oftext existing in Chapter 7. It is intended that the text in Chapter 7 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 7. Fire Prevention and Protection * * * ARTICLE III. LOCAL AMENDMENT TO THE FLORIDA FIRE PREVENTION CODE Sec. 7-46. Procedure for local amendments to the Florida Fire Prevention Code. In accordance with Chapter 633. Florida Statutes. following public hearing regarding the need to strengthen the requirements of the minimum firesafety code the City Commission may adopt by Ordinance a local amendments to the Florida Fire Prevention Code. provided such amendment provides a' higher level of protection to the public than the level specified in the Florida Fire City of Winter Springs Ordinance No. ,200 I - 54 Page 2 of 5 Prevention Code and that such additional requirements will not be discriminatory as to materials. products. or construction techniques. Sec. 7-47 - 7-49. Reserved. Sec. 7-50. Appeal. (ill Any substantially affected party may test the validity of the a local amendment by filing a motion for reconsideration. within thirty (30) dayS of the effective date of the Ordinance. challenging the City's compliance with requirements of Chapter 633. Florida Statutes.. {Q} The motion for reconsideration shall be filed with the city clerk. and heard by the City Commission within forty-five (45) days from the date of filing. {f2 The burden of proof is upon the challenging party to demonstrate that the enactment ofthe local amendment was not in compliance with Chapter 633. Florida Statutes. @ Should the City Commission determine that the challenged amendment was not adopted in compliance with Chapter 633. the amendment shall be unenforceable until such compliance is met. If the City Commission determines that the challenged amendment was adopted in compliance with . Chapter 633. the challenger may appeal further to the Department of Insurance. however. the local amendment will continue to be enforceable during the appeal process. Sec. 7-51 - 7-53. Reserved. Sec. 7-54. Impact fee credits. The following occupancies shall receive a fire impact fee credit for the installation of a fire suppression system installed in accordance with N.F.P.A. 13. 13R. 13D and S.F.M. 4A-45. and as provided in Section 7-60 below: (I) New occupancy construction which is regulated by the state uniform fire prevention code shall receive a $0.05 per square foot credit on the fire public safety facilities impact fee. (2) New single-family detached dwelling units shall receive a full credit for the fire public safety facilities impact fee. Sec. 7-55 -7-59. Reserved. Sec. 7-60. Automatic fire sprinkler systems. (a) Automatic fire sprinkler systems shall be required as follows: City of Winter Springs Ordinance No. _2001 - 54 Page 3 of 5 (1 ) Throughout all buildings used for commercial purposes. including but not limited to offices. mercantile stores. restaurants. manufacturing. industrial or storage. if the total square footage is three thousand five hundred (3.500) square feet or more regardless oftvoe of construction. (2) Throughout all hotels. motels. condominiums. apartment buildings. or dormitories. regardless of size or tyPe of construction. (3) Throughout all hospitals. nursing homes. adult congregate living facilities or other medical facilities. regardless of size or tyPe of construction. (4) Throughout all Group "H" hazardous occupancies. regardless of size or type of construction. except where the application of water might constitute a life safety hazard or increase the severity of the fire. (5) Throughout all educational facilities regardless of size or type of construction. (b) Automatic fire sprinkler systems shall be installed to the specifications ofNFP A 13. Standard for the installation of sprinkler systems. most recent edition adopted by the State of Florida. NFP A 13D. Standard for the installation of sprinkler systems in one- and two-family dwellings and manufactured homes. most recent edition adopted by the State of Florida. and NFPA 13R. Standard for the installation of sprinkler systems in residential occupancies UP to and including four (4) stories in height. most recent edition adopted by the State of Florida. (c) All buildings equipped with automatic sprinkler systems as required by subsection (b) above. shall be required to have such systems monitored by a central station monitoring company installed to the specifications of NFP A 72. National Fire Alarm Code. most recent edition adopted by the State of Florida. (d) All automatic fire sprinkler svstems as required bv subsection (b) above. shall be required to have such svstems inspected. tested and maintained to the specifications ofNFP A 25. Standard for the inspection. maintenance and testing of water based fire protection systems. most recent edition adopted by the State of Florida. A copy of each inspection report shall be furnished to the fire marshal's office. (e) All automatic fire sprinkler systems shall be installed by a licensed fire protection system contractor. pursuant to Florida Statute 633.521. and Florida State Fire Marshal Rule 4A-46. (D If an automatic fire sprinkler system is required to be shut off for any reason. the fire department shall be notified when it is shut off and when it is returned to service. Sec. 7-61 - 7-75. Reserved. City of Winter Springs Ordinance No. )00 I - 54 Page 4 of 5 *** Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon and contemporaneously with the effective date of the Florida Fire Prevention Code. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 10th day of December 01. PAUL P. PARTY Mayor NZO-LUACES o legal form and sufficiency for fW' ter Springs only Anthony A. Garganese, City Attorney First Reading: November 26, 2001 Second Reading: December 10, 2001 Effective Date: See Section 7. F:\Lawyer\jeflb\City of Winter Springs\Ordinances\Fire Prevenlion Code. wpd City of Winter Springs Ordinance No. _200 I - 54 Page 5 of 5 ~ 7-26 Exhibit "A" WINTER SPRINGS CODE thirty (30) calendar days. Burn permits may be revoked at any time for just cause and the fee forfeited. Should fire department services be re- quired to extinguish a permitted bum due to negligence or other failure on the part of the permittee{s), a fine of one hundred dollars ($100.00) shall be levied against the responsible permit- tee(s). COrd. No. 514, S I, 2-24-92) Sec. 7-27. Regulation of explosives. (a) No person(s) shall discharge or detonate, nor allow the discharge or detonation of any illegal fireworks, as defined by Section 791-01(8), Florida Statutes, dynamite or any other explosive at any time within the city limits without the express pennission of both the fire and police departments. (b) Permitted public fireworks displays han- dled by licensed pyrotechnical businesses are ex- cluded, subject to their obtaining proper permits and inspections by the office of the fire marshal. (Ord. No. 514, S 1, 2-24-92) Sec. 7-28. False alarms prohibited. It shall be unlawful for any person, either intentionally or without reasonable cause to sound a false alarm of fire or hazard from an explosive or incendiary device, by rousing public alert by call- ing or shouting or other audible or visible method, telephoning, setting off a fire alarm box or elec- tronic signal, failure to repair faulty alarm equip- ment which activates without adequate need, or by any other method creating a misleading im- pression of the existence of present or impeding danger from fire, explosion or bomb. (Ord. No. 514, S 1, 2-24-92) Cross reference-Buildings and building regulations, Ch.6. State law reference-False alarms, F.S. S 806.101. Sees. 7-29-7-45. Reserved. ARTICLE III. FIRE PREVENTION CODE Sec. 7-46. Adopted. (a) For the purpose of prescribing regulations governing conditions hazardous to life and prop- erty from fire or explosion, there is hereby speci- fied and adopted a fire prevention code for the city. (b) The fire prevention code of the city shall be composed collectively of the following specified codes, subject to the qualifications prescribed subsequently: 1. State Fire Marshal's Rules and Regula- tions, Title 4A, Florida Administrative Code, 1990 edition. 2. Southern Building Code Congress Inter- national (SBCCI) Standard Fire Preven- tion Code, 1994 edition. 3. National Fire Protection Association, Life Safety Code 101, 1991 edition. <Ord. No. 514, S I, 2-24-92; Ord. No. 579, S I, 3-13-95) Sec. 7-47. Effect of the fire prevention code. The specified codes adopted in section 7-46 comprising the fire prevention code, hereinafter referred to as the code, are hereby adopted and incorporated herein as fully as if set out at length, save and except such portions as are hereinafter deleted, modified, or amended. One (1) copy of the completed code shall be on file in the office of the fire marshal. (Ord. No. 514, S 1,2-24-92) Sec. 7-48. Storage of hazardous materials. Establishment oflimits prohibiting the storage of flammable liquids in outside aboveground tanks, bulk storage of liquefied petroleum gases, storage of explosives and blasting agents, and bulk stor- age of any other hazardous material or compound. The limits referred to in this section shall be the entire corporate limits of the city. (Ord. No. 514, S I, 2-24-92) Sec. 7-49. Interpretations. (a) Wherever the word "municipality" appears in this code, it shall be held to mean the City of Winter Springs, Florida. (b) Any new building constructed within the city must meet the requirements of this code, as minimum standards, prior to its occupancy. (c) Any ex.isting building, upon renovations or changes consisting of more than fifty (50) percent, of the total square footage of said building, or 436 FrRE PREVENTION A1\fD PROTECTION costing more than fifty (50) percent of the as- sessed value of said building, shall be required to bring the building into compliance with current codes. (Ord. No. 514, S 1,2-24-92) Sec. 7-50. Enforcement. The fire prevention code shall be enforced by the fire chief and/or fire marshal of the fire department. (Ord. No. 514, S 1,2-24-92) Sec. 7-51. Modifications. The fire chief and/or fire marshal shall have the power to modify any of the provisions of the code. When upon application in writing by a property owner or duly authorized agent, the fire chief and/or fire marshal determines there are practical difficulties in complying with the strict letter of the code, relief may be gTanted provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. When such modification is made, a record shall be kept including a description and explanation of the variation from the code requested and the deci- sion made. This document shall be kept at the fire department, and a signed copy furnished to the applicant. (Ord. No. 514, S 1,2-24-92) Sec. 7-52. Appeals. Whenever the fire chief and/or fire marshal shall refuse to approve or gTant a permit or shall disapprove an application for modification to the code, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may file, within thirty (30) days from the date of such negative decision, an appeal with the city commission. (Ord. No. 514, S 1,2-24-92) Sec. 7-53. Inspections. The fire marshal or his authorized agent shall periodically inspect, at any reasonable hour, any and all multi-family dwellings and any and all commercial buildings, equipment and vehicles on premises within the city. If it be found that any ~ 7.56 such building or structure is in need of repairs or lacks sufficient fire escapes, alann apparatus, fire extinguishing devices, or if it be found that any such building, structure, equipment or vehicle is in dilapidated condition or is especially liable to fire from any other cause, and further is situated so as to endanger life or property, it may be ordered to be removed or rendered safe within a reasonable length of time. (Ord. No. 514, S 1,2-24-92) Sec. 7-54. Violations. Any person(s) who shall violate any provisions of this code, or fail to comply there\\.ith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans sub- mitted and approved thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affinned or modified by the city or by a court of competent jurisdiction, within the time affL'{ed herein, shall be subject to the penalty prescribed in section 1-15. The impo- sition of one (1) penalty for any \iolation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations'or defects within a reason- .. ..... .. . .. . able time; and when not othenvise specified, each ten (10) days that prohibited conditions are main- tained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. (Ord. No. 514, S 1, 2-24-92) Sec. 7-55. User fees and charges. User fees and charges for specific and/or unique fire department services, shall be required accord- ing to the resolution passed by the city commis- sion. (Ord. No. 514, S 1, 2-24-92) Sec. 7-56. Automatic fire sprinkler systems. (a) Automatic fire sprinkler systems shall be required as follows: (1) Throughou tall bu ildi ngs used for commer- cial purposes, including but not limited to offices, mercantile stores, restaurants, 437 S 7-56 WINTER SPRINGS CODE manufacturing, industrial or storage, if the total square footage is three thousand five hundred (3,500) square feet or more regardless of type of construction. (2) Throughout all hotels, motels, condomin- iums, apartment buildings, or dormito- ries, regardless of size or type of construc- tion. (3) Throughout all hospitals, nursing homes, adult congregate living facilities or other medical facilities, regardless of size or type of construction. (4) Throughout all Group "H" hazardous oc- cupancies, regardless of size or type of construction, except where the applica- tion of water might constitute a life safety hazard or increase the severity of the fire. (5) Throughout all educational facilities re- gardless of size or type of construction. (b) Automatic fire sprinkler systems shall be installed to the specifications of NFPA 13, Stan- dard for the installation of sprinkler systems, 1991 edition, NFPA I3D, Standard for the instal- lation of sprinkler systems in one- and two-family dwellings and mobile homes, 1991 edition, and NFPA I3R, Standard for the installation of sprin- kler systems in residential occupancies up to four (4) stories in height, 1991 edition. (c) All buildings equipped with automatic sprin- kler systems as required by subsection (b) above, shall be required to have such systems monitored by a central station monitoring company installed to the specifications of NFPA 71, Standard for the installation, maintenance and use of central sta- tion signaling systems, 1989 edition. (d) All automatic fire sprinkler systems as required by subsection (b) above, shall be re- quired to have such systems inspected, tested and maintained to the specifications of NFPA 13A, Standard for the inspection, maintenance and testing of sprinkler systems, 1991 edition. A copy of each inspection report shall be furnished to the fir-e marshal's office. (e) All automatic fire sprinkler systems shall be installed by a licensed fire protection system contractor, pursuant to Florida Statute 633.521, and Florida State Fire Marshal Rule 4A-46. (0 If an automatic fire sprinkler system is required to be shut off for any reason, the fire department shall be notified when it is shut off and when it is returned to service. <Ord. No. 514, S 1,2-24-92) Sees. 7-57-7-75. Reserved. ARTICLE IV. FIRE HYDRANTS* Sec. 7-76. Required. Fire hydrants shall be installed to serve all developments as prescribed in this article. (Ord. No. 514, S 1, 2-24-92) Sec. 7-77. Responsibility for provision and maintenance. (a) All land development shall include provi- sion for fire hydrants at the time of development as set forth in section 9-261. Fire hydrants shall be furnished and installed entirely at the expense of the de\'elopers. (b) The utility servicing fire hydrants with water shall be responsible to maintain and re- place as necessary all service mains and connec- tions to the bases of the hydrants. (c) The city shall assume ownership and main- tenance of only the fire hydrant itself, at the time and in the manner specified below: (1) Hydrants on public streets will be ac- cepted by the city simultaneously with acceptance of the public improvements in the right-of-way involved, after inspection and approval of the fire chief. (2) Hydrants on private streets will be ac- cepted by the city after final inspection and approval of the improvements to be 'Cl-OSS references--Buildings and building regulatiol1s, Cll. G, plumbing. 6-12G et seq.; flood damage prevention, Ch. 8; land de\'elopmenr, Ch. 9; motor vehicles and traffic, Ch. 12; planning, Ch. 15; streets, sidewalks and other public places, Ch. 17; utilities, Ch. 19; and zoning, Ch. 20. 438