Loading...
HomeMy WebLinkAbout2001 11 26 Public Hearings B First Reading - Ordinance 2001-54 Fire Prevention Code COMMISSION AGENDA ITEM B Consent Informational Public Hearing X Regular November 26. 2001 Meeting r- --!)~ Mgr. I Dept ~ Authorization REQUEST: The Fire Chief and City Attorney is requesting that the City Commission conduct a First Reading and Public Hearing for Ordinance No. 2001-54 concerning revisions to Article ill 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 ill of Chapter 7 and adopting a new Article ill 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 of the 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. NOVEMBER 26, 2001 PUBLIC HEARING AGENDA ITEM B Page 2 CONSIDERATIONS: The State Fire Marshal has adopted, with amendments, the National Fire Protection Associations, Fire Prevention Code (NFP AI) 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 of the 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 ofthe 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. NOVEMBER 26, 2001 PUBLIC HEARlNG AGENDA ITEM B 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. STAFF RECOMMENDATION: The Fire Chief and City Attorney recommend approval of first reading of Ordinance No. 2001-54 and to advertise for a second reading and public hearing at the next regular scheduled commission meeting to be held on December 10, 2001. ATTACHMENTS: A - The City of Winter Springs Code Chapter 7, Article Ill. B - Ordinance No. 2001-54 CITY COMMISSION ACTION: FIRE PREVENTION AND PROTECTION ARTICLE I. 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, S 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, ~ 1, 2-24-92) Sec. 7-5. Department division; delegation of responsi hili ty. (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. S 7-26 (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, S 1, 2-14-92) Sees. 7-6-7-25. Reserved. ARTICLE II. IN GENERAL Sec. 7-26. Regulation of open-air burning. (a) No person shall burn outdoors \\ithin 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 supervision 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 FIRE PREVENTION AND 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, * 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, * 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, ~ 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, * 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, * 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 "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 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, * 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 FIRE PREVENTION Ai'J'D PROTECTIO:-; 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 the road right-of-way, nor be set back at a dis- tance measuring more than three hundred fifty (350) feet perpendicularly 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 hydrant 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. (f) Color and markings: Each hydrant shall be painted uniformly. The hydrant barrel and all caps sh~ll 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, S 1, 2-24-92) Sec. 7-80. 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. Ko. 514, S 1,2-24-92) Sec. 7-81. On Site static water supplies. In areas of the city, zoned commercial, where water mains have not been installed, a static water source shall be required for all construction 439 FIRE PREVENTION A.t~D PROTECTION ~ 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 ORDINANCE NO. 2001 - 54 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA 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 FIRE SAFETY 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. WHEREASt 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 WHEREASt the State Fire Marshal has adopted, with amendments, the National Fire Protection Associationst Fire Prevention Code (NFPA 1) and the Life Safety Code (NFPA 101)t which will become effective January It 2002; and WHEREASt 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 I, 2002, thereafter its local code will be replaced by the state code; and WHEREASt 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 Departmentt requiring fire sprinkler systems in the past has controlled or completely extinguished fires before the fire department could reach the scenet in every structure which had fire sprinklers, thereby protecting far greater loss to property and lives; and City of Winter Springs Ordinance No. 200 I - 54 Page I of 5 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 of text 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. )00 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. W 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. llU The burden of proof is upon the challenging party to demonstrate that the enactment of the 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: (1 ) 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. _200 I - 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 of type 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 ofNFPA 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 NFP A 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 systems as required by subsection (b) above. shall be required to have such systems 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. (n 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. .2001 - 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 adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of ,2001. PAUL P. PARTYKA Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: F:\Lawyer\jefib\City of Winter Springs\Ordinances\Fire Prevention Code.wpd City of Winter Springs Ordinance No. .2001 - 54 Page 5 of 5