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Home My WebLink About11-21-2001 Fire Prevention Code - Ordinance 2001-54 Advertising Requirements City of Winter Springsy BROWN, WARD, SALZMAN & WEISS, P.A. ATTORNEYS AT LAW Usher L. Brown • John H. Ward • Gary S. Salzman° Jeffrey S. Weiss Suzanne D'Agresta Anthony A. Garganese° Scott D. Danahy Alfred Truesdell Arthur R. "Randy" Brown, Jr.' Brett A. Marlowe Jeffrey P. Buak Kristine R. Kutz Joseph G. Colombo Debra S. Babb Gregory A. Hass' Cheyenne R. Young Joseph E. Blitch • Board Certified Civil Trial Lawyer ° Board Certified Business Litigation Lawyer Board Certified City, County & Local Government Law Board Certified Labor & Employment Law November 27, 2001 Timothy J. Lallathin, Fire Chief City of Winter Springs Fire Department 102 North Moss Road Winter Springs, FL 32708 Re: Fire Prevention Code - Ordinance 2001-54 Advertising Requirements City of Winter Springs - General Our File No.: 1193 Dear Chief Lallathin: RECEive NOY 2 $ 2POI CITY OF WINTER SF riQ Two Landmark Center 225 East Robinson Street, Suite 660 Post Office Box 2873 Orlando, FL 32802-2873 (407)425-9566 (407) 425-9596 FAX Email: firm@orlandolaw.net Website: www.oriandolaw.net Please allow this correspondence to serve as a follow-up to your,e-mail correspondence dated November 21, 2001 regarding the above -referenced matter. Please excuse the delay in responding, as I was out of the office from November 21 - 26, 2001. Attached for your reference is Section 633.025, Florida Statutes (2000) entitled Minimum Firesafety Standards. Specifically, subsection 4(a) provides, in pertinent part, "that the local governing body shall determine, following a public hearing which has been advertised in a newspaper of general circulation at least ten (10) days before the hearing, if there is a need to strengthen the Timothy J. Lallathin, Fire Chief November 27, 2001 Page 2 requirements of the minimum firesafety code adopted by such governing body." Based upon the foregoing, the advertising guidelines for the adoption of a stricter local firesafety code are the same as provided in Chapter 166. If you have any questions specifically relating to the adoption procedure, the Fire Prevention Code, or any other general questions regarding Ordinance 2001-54, please do not hesitate to contact our offices. Very truly yours, J ey P. Buak Assistant City Attorney JPB/jd Attachment: Florida Statute CC' Anthony A. Garganese, City Attorney (w/enclosure) Andrea Lorenzo-Luaces, City Clerk (w/enclosure) F.\DCCS'Ctry of Winter Spnngs\General\Correspondence\Lalladm Timothy\Fire Prevention Code Ltr 11.27.OI jpb.jd statut'-> View Statutes- 200I- Ch0633--Section 025: Online Sunshine http://www.leg.state.f.us/statutes/index...5.HTM&cTitle=->2001->Ch0633->Section° 020025 nlim Su, u : h Y. :n: . The 2001 Florida Statutes Title )QQWt Chapter M Insurance Fire Prevention And Control View Entire Chapt 633.025 Minimum firesafety standards.-- (1) The Florida Fire Prevention Code and the Life Safety Code adopted by the State Fire Marshal, which shall operate in conjunction with the Florida Building Code, shall be deemed adopted by each municipality, county, and special district with firesafety responsibilities. The minimum firesafety codes shall not apply to buildings and structures subject to the uniform firesafety standards under s. 633.022 and buildings and structures subject to the minimum firesafety standards adopted pursuant to s. 394.879. (2) Pursuant to subsection (1), each municipality, county, and special district with firesafety responsibilities shall enforce the Florida Fire Prevention Code and the Life Safety Code as the minimum firesafety code required by this section. (3) The most current edition of the National Fire Protection Association (NFPA) 101, Life Safety Code, adopted by the State Fire Marshal, shall be deemed to be adopted by each municipality, county, and special district with firesafety responsibilities as part of the minimum firesafety code. (4) Such codes shall be minimum codes and a municipality, county, or special district with firesafety responsibilities may adopt more stringent firesafety standards, subject to the requirements of this subsection. Such county, municipality, or special district may establish alternative requirements to those requirements which are required under the minimum firesafety standards on a case -by -case basis, in order to meet special situations arising from historic, geographic, or unusual conditions, if the alternative requirements result in a level of protection to life, safety, or property equal to or greater than the applicable minimum firesafety standards. For the purpose of this subsection, the term "historic" means that the building or structure is listed on the National Register of Historic Places of the United States Department of the Interior. (a) The local governing body shall determine, following a public hearing which has been advertised in a newspaper of general circulation at least 10 days before the hearing, if there is a need to strengthen the requirements of the minimum firesafety code adopted by such governing body. The determination must be based upon a review of local conditions by the local governing body, which review demonstrates that local conditions justify more stringent requirements than those specified in the minimum firesafety code for the protection of life and property or justify requirements that meet special situations arising from historic, geographic, or unusual conditions. (b) Such additional requirements shall not be discriminatory as to materials, products, or construction techniques of demonstrated capabilities. (c) Paragraphs (a) and (b) apply solely to the local enforcing agency's adoption of requirements more stringent than those specified in the Florida Fire Prevention Code and the Life Safety Code that have the effect of amending building construction standards. Upon request, the enforcing agency shall provide a person making application for a building permit, or any state agency or board with construction -related regulation responsibilities, a listing of all such requirements and codes. (d) A local government which adopts amendments to the minimum firesafety code must provide a procedure by which the validity of such amendments may be challenged by any substantially affected party to test the amendment's compliance with the provisions of this section, 1. Unless the local government agrees to stay enforcement of the amendment, or other good cause is shown, the challenging party shall be entitled to a hearing on the challenge within 45 days. 2. For purposes of such challenge, the burden of proof shall be on the challenging party, but the amendment shall not be presumed to be valid or invalid. This subsection gives local government the authority to establish firesafety codes that exceed the minimum firesafety codes and standards adopted by the State Fire Marshal, The Legislature intends that local I of 2 1 li 1/01 12:32 PM statute ->View Statutes->2001->Ch0633 a - -Section 025: Online Sunshine http:. iwww.leQ.state.tl.us/statutes; index ... S.HTM&cTitle=---2 001->Ch0633->Section%2002 j government give proper public notice and hold public hearings before adopting more stringent firesafety codes and standards. A substantially affected person may appeal, to the Department of Insurance, the local government's resolution of the challenge, and the department shall determine if the amendment complies with this section. Actions of the department are subject to judicial review pursuant to s. 120.68. The department shall consider reports a the Florida Building Commission, pursuant to part VII of chapter 553, when evaluating building code enforcement. (5) The new building or structure provisions enumerated within the firesafety code adopted pursuant to this section shall apply only to buildings or structures for which the building permit is issued on or after the effective date of this act. Subject to the provisions of subsection (6), the existing building or structure provisions enumerated within the firesafety code adopted pursuant to this section shall apply to buildings or structures for which the building permit was issued or the building or structure was constructed prior to the effective date of this act. (6) With regard to existing buildings, the Legislature recognizes that it is not always practical to apply any or all of the provisions of the minimum firesafety code and that physical limitations may require disproportionate effort or expense with little increase in lifesafety. Prior to applying the minimum firesafety code to an existing building, the local fire official shall determine that a threat to lifesafety or property exists. If a threat to lifesafety or property exists, the fire official shall apply the applicable firesafety code for existing buildings to the extent practical to assure a reasonable degree of lifesafety and safety of property or the fire official shall fashion a reasonable alternative which affords an equivalent degree of lifesafety and safety of property. The decision of the local fire official may be appealed to the local administrative board described in s. 553.73. (7) Nothing herein shall preclude a municipality, county, or special district from requiring a structure to be maintained in accordance with the applicable firesafety code. (8) Electrically operated single station smoke detectors required for residential buildings are not required to be interconnected within individual living units in all buildings having direct access to the outside from each living unit and having three stories or less. This subsection does not apply to any residential building required to have a manual or an automatic fire alarm system. (9) The provisions of the Life Safety Code shall not apply to newly constructed one -family and two-family dwellings. However, fire sprinkler protection may be permitted by local government in lieu of other fire protection -related development requirements for such structures. History.--s. 6, ch. 87-287; s. 1, ch. 88-362; s. 8, ch. 91-110; s. 2, ch. 91-189; s. 8, ch. 95-379; s. 59, ch. 98-287; ss. 104, 105, ch. 2000-141; s. 3, ch. 2001-64. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. 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