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HomeMy WebLinkAboutOrdinance 292 Fire Prevention/Protection ORDINANCE NO. 292 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING CHAPTER 6 OF THE CODE OF ORDINANCES, ENTITLED "FIRE PREVENTION AND PROTECTION"; PROVIDING FOR THE ADOPTION OF A NEW CHAPTER 6, ENTITLED "FIRE PREVENTION AND PROTECTION, INCLUDING EMERGENCY MEDICAL SERVICES"; ESTABLISHING FIRE DEPARTMENT ORGANIZATION; ADOPTING A FIRE PREVENTION CODE; REQUIRING FIRE HYDRANTS; AND SPECIFYING PROHIBITIONS AGAINST CERTAIN HAZARDS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, Chapter 6 of the Winter Springs Code of Ordinances, "Fire Prevention and Protection," has become outdated; and WHEREAS the City Commission of Winter Springs, Florida, has determined it to be in the best interest of the City to repeal Chapter 6, to allow for the adoption of a current and more effective Chapter 6 of its Code of Ordinances, entitled "Fire Prevention and Protection, Including Emergency Medical Services." NOW, THEREFORE, THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION I - That the existing Chapter 6 of the Winter Springs Code of Ordinances is hereby repealed. SECTION II - That a new Chapter 6 of the Winter Springs Code of Ordinances, is hereby created to read as follows: CHAPTER 6. FIRE PREVENTION AND PROTECTION, INCLUDING EMERGENCY MEDICAL SERVICES SECTION 6.1. FIRE DEPARTHENT ORGANIZATION The Fire Department of the City of Winter Springs shall be organized as prescribed hereinbelow. SECTION 6.1.1. Creation of Department. The Winter Springs Fire Department is hereby created as a separate and autonomous municipal department. SECTION 6.1.2. Fire Chief. (a) The Winter Springs Fire Chief shall be the administra- tive head of the Winter Springs Fire Department and of the Volunteer Fire Department. (b) The Winter Springs Fire Chief shall have the authority to enforce all ordinances and regulations of the City of Winter Springs pertain- ing to the Fire Department. SECTION 6.1.3. Departmental Division. The Winter Springs Fire Department shall perform three major functions: (a) Combat (Fire Suppression) (b) Fire Prevention (c) Emergency Medical Services The Fire Chief shall exercise control and supervision over the entire department, with the Fire Marshal being delegated the responsibility for Fire Prevention and the Emergency Medical Services Officer being delegated the responsibility for Emergency Medical Services. SECTION 6.2. FIRE PREVENTION CODE. For the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, there is hereby specified and adopted a Fire Prevention Code for the City. SECTION 6.2.1. Composition of Code. The Fire Prevention Code shall be composed collectively of the herein specified codes, subject to the qualifications prescribed sub- sequently. (a) The National Fire Codes, recommended by the National Fire Prevention Association, more particularly being thereof the 1982 Edition. (b) The Southern Standard Fire Prevention Code, recommended by the Southern Building Code Congress, more particularly being thereof the 1982 Edition. (c) The Life Safety Code, as contained in Standard No. 101 of the National Fire Protection Association, more particularly being thereof the 1981 Edition. SECTION 6.2.2. Effect of Code. The specified codes 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 herein- after deleted, modified, or amended. Three copies of the complete Code shall be on file in the office of the City Clerk. The provisions of the Code shall be controlling within the limits of the City from the date this section takes effect. SECTION 6.2.3. Extent of Effect. (a) Wherever the word "municipality" appears in the Fire Prevention Code, it shall be held to mean the City of Winter Springs. (b) The limits referred to in the section of the Code entitled, "Establishment of Limits of Districts in which Storage of Flammable Liquids in Outside Above-Ground Tanks, Bulk Storage of Liquified Petroleum Gases, Storage of Explosives and Blasting Agents,and Bulk Storage of Any Other Hazardous Material or Compound Is to Be Restricted," shall be the entire ( 2) corporate limits of the City of Winter Springs. (c) Any new building constructed within the City of Winter Springs must meet the requirements of the Code, as minimum standards, prior to its occupancy. SECTION 6.2.4. Enforcement of Code. The Fire Prevention Code adopted herein shall be enforced by the Fire Chief and/or Fire Marshal of the Winter Springs Fire Department. SECTION 6.2.5. Modifications to the Code. 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 description and explanation of the variation from the Code requested and the decision of the Fire Chief and/or Fire Marshal regarding the variation. This document shall be kept at the Department, and a signed copy furnished to the applicant. SECTION 6.2.6. 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 days from the date of such negative decision, an appeal with the City Commission. SECTION 6.2.7. Violations of the Code. Any person who shall violate any provisions of the Fire Prevention Code adopted hereinafter 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 submitted 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 (3) court of competent jurisdiction, within the time affixed herein, shall be subject to the penalty prescribed in Section 1-8. The imposition of one (1) penalty for any violation 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 reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. SECTION 6.2.8. Inspections The Fire Marshal or authorized agent periodically shall 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 such building or structure is in need of repairs or lacks sufficient fire escapes, alarm apparatus, or fire extinguishing devices, or if it be found that any such building, structure, equipment, or vehicle is in dilapitated 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 remedied within a reasonable length of time. SECTION 6.3. FIRE HYDRANTS Fire hydrants shall be installed to serve all developments as prescribed herein. SECTION 6.3.1. Responsibility for Provision and Maintenance. (a) All land development shall include provision for fire hydrants at the time of development as set forth in Section 14-124. 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 replace as necessary all service mains and connections to the base of the hydrants. (c) The City shall assume ownership and maintenance of only the fire hydrant itself, at the time and in the manner specified hereinbelow: (1) Hydrants on public streets will be accepted by the City simultaneously with acceptance of the public improvements in the right-of-way involved, after inspection and approval by the Fire Chief. (4) (2) Hydrants on private streets will be accepted by the City after final inspection and approval of the improvements to be privately maintained in the right-of-way, easement or common area in- volved. Transfer of ownership of the 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. SECTION 6.3.2. Hydrant Installation Specifications. (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 developments in a loop system to provide maximum firefighting capability. (b) Proximity to Buildings. No building or structure shall be erected at a distance more than three hundred fifty (350) feet from the nearest fire hydrant, said distance being measured along the road right-of-way, nor be set back at a distance 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 hundred fifty (750) feet of the proposed structure. (1) No building permit shall be issued when the above requirements are not met unless the City Commission has specifically granted a waiver of the distance specification. (2) A petition for waiver of the distance specification 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 requirement would cause undue and unreasonable hardship, upon which the Commission may grant a waiver. (5) (c) Orientation. Hydrants shall be positioned so that the large opening in the hydrant face (steamer connection) points in the direction most proper to facilitate easy access to Fire Department pumpers. (d) Height. Hydrants shall be installed at such height that the base of the hydrant barrel and securing bolts are above the surround- ing land finish grade and ground cover to provide ready accessibility for maintenance. In addition, there shall be sufficient clearance between the ground or ground cover and the openings in the face of the hydrant to assure accessibility for use by Fire Department equipment. (e) Water Control Valve. Each hydrant shall have its own underground on-off control valve immediately adjacent to the hydrant. SECTION 6.3.3. Approval and Acceptance by 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 discretion and determination of the Fire Chief. SECTION 6.4. PROHIBITIONS. SECTION 6.4.1. 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 combustible vegetable material without the express permission 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 whatever at any time within the City limits. (c) In the event of a disaster sufficient to preclude commercial collection of solid waste or of any unexpected cessation of such service, the public shall gather solid waste, excluding food waste, in the usual manner for pick-up at curbside by City-owned or City-hired vehicles, to be burned under the supervision of the Fire Department at sites designated 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 (6) the public nor deposited with other solid waste for collection. SECTION 6.4.2. Regulation of Explosives. No person shall discharge or detonate any fireworks, dynamite, or any other explosive at any time within the City limits without the express permission of the Fire and Police Departments. SECTION 6.4.3. Prohibition of False Alarms. It shall be unlawful for any person either intentionally or without reasonable cause to sound a false alarm of fire or hazard from an ex- plosive or incendiary device by rousing public alert by calling or shouting, ringing a bell, telephoning, setting off a fire alarm box or electronic signal, failing to repair faulty security equipment which activates without adequate need, or by any other method creating a misleading impression of the existence of present or impending danger from fire, explosion, or bomb. SECTION 6.4.4. Prohibition of Obstructions of Hydrants. No obstructing material, sign, fence, wall, shrub, tree, or other obstacle shall be placed or allowed to remain within the following dis- tances from fire hydrants: (a) Front. Between the front of the hydrant and the curb of the adjacent street or drive, or, if not adjacent to paving, a minimum of six (6) feet in front of a hydrant, the front being defined as that side of the hydrant having the large, four and one-half (4~) inch opening. (b) Side or Rear. A minimum of six (6) feet from either side or from the rear of the hydrant, the sides being defined as the sides having the small, two and one-half (2~) inch openings, and the rear being that side which has no openings. SECTION III - If any section or portion of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invali- date or impair the validity, force or effect of any other section or portion of a section or subsection or part of this Ordinance. SECTION IV - That all ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION V - This Ordinance shall take effect immediately upon its final passage and adoption. Passed and adopted this 10 day of April, 1984. (7) CITY OF WINTER SPRINGS. FLORIDA By: JOHN V. TORCASO, MAYOR ATTEST: Mary T. Norton CITY CLERK FIRST READING Feb. 28, 1984. POSTED Feb. 29, 1984 SECOND READING & PUBLIC HEARING APRIL 10, 1984. (8) _-""U. ~ c;:"-""'\NTE~ .... :--.~.:u>>'~' ~.\ . (. . :T. l \" .... .j "':-.4.~~., ,'" .- ~ _:~~ ~,~~)tl' ".,-" MEMORANDUM TO: FROM: SUBJECT: CITY OF WINTER SPRINGS, FLORIDA 400 NORTH EDGEMON AVENUE WINTER SPRINGS, FLORIDA 32708 Telephone (305) 327-1800 City Manager Richard Rozansky Director of Administration Jacqueline Koch ~ Ordinance No. 292 The new Fire Prevention ordinance has been amended to provide for City ownership of fire hydrants in private developments. Section 6.3.l(c) on pages 4 and 5 reflects this change. mn Jacqueline Koch, Director of Administration TELEPHONE (305)327-1800 WINTER SPRINGS. FLORIDA ZIP CODE 32708 CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING NOTICE is hereby given by the City Commission of the City of Winter Springs, Florida, that said Commission will hold a public hearing on an ordinance entitled as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING CHAPTER 6 OF THE CODE OF ORDINANCES, ENTITLED "FIRE PREVENTION AND PROTECTION"; PROVIDING FOR THE ADOPTION OF A NEW CHAPTER 6, ENTITLED "FIRE PREVENTION AND PROTECTION, INCLUDING EMERGENCY MEDICAL SERVICES:; ESTABLISHING FIRE DEPARTMENT ORGANIZATION; ADOPTING A FIRE PREVENTION CODE; REQUIRING FIRE HYDRANTS; AND SPECIFYING PROHIBITIONS AGAINST CERTAIN HAZARDS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. This Public Hearing will be held at 7:30 p. m. on Tuesday, April 10, 1984 , or as soon thereafter as possible in the Commission Chamber, City Hall, 400 N. Edgemon Ave., Winter Springs, Florida. Copies of the proposed ordinance are available in the office of the City Clerk for inspection. Interested parties may appear at this hearing and be heard with respect to this proposed ordinance. Please be advised that, under State Law, if you decide to appeal a decision made with respect to this matter, you will need a record of the proceedings and may need to ensure that a verbatim record is made. Dated this 6th day of March , 19 84 CITY OF WINTER SPRINGS, FLORIDA ~~/~~ Mary T. Norton, City Clerk . The Orlando'Sentinel Publiahed Daily Altamonle Springs, Seminole County, Florida ~tate of lflorlct(t} ss. COUNTY OF ORANGE Before the undersigned authority personally appeared Betty L'lther , who on oath says that she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad- vertisement,beingaNotice of Public H@aring Fire Prevention and Protection in the matter of in the Court, was published in said newspaper in the issues of Mar.18,1984 Mfiant further says that the said Orlando Sentinel is a newspaper published at Altamonte Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin- uously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Seminole County, Florida for a period of one year next preceding the first publication of the attached copy of ad- vertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Azz; ~La0 Sworn to and subscribed before me this 20th of March ~ 84 A.D., 19 ~'~VN~ ~ Notary Pub:ic, State of FloridaN~~a~glic My CommL;s:;)~ [x;c;r2S July 13, 1985 Bonded by A:rc,'ican FL"e & Casualty Co ADVERTISING CHARGE $23.20 day CITY OF WINTER SPRINGS, FLORIDA NOTICE OF pUBLIC HEARING -- NOTICE is hereby given by the City Commission Of the City of WInter Springs, Florids, th81 said Comrnl88ion will hold s public hearing on an ordi- f18I1ce entitled 88 follows: . 6 .. AN ORDINANcE OF THE CITY OF WINTER SPRINGS, FLORIDA, RE- PEALING CHAPTER 6 OF THE CODE OF QRQIt,lANCES, ENTITLED "FIRE PREVENTlONAND PROTECo TION";.PROVIOIN6 FOR THE ADOPTION Of' A ~ CHAPTER 6, ENTITLEOl"FII'U; PREVENTION AND PROTECTION; INC.LUDING EMERGEN(;.Y MEQICAl. SER- yt<:ES:; ESTABLISHING FIRE DE- PARTMENT ORGAN..! IZZ,A,TION' ADOPTrN$i:)(lIfIR~ e8Ev&m1Q;ofJ, CODE: REQUIRING FIRE HY- DRANTS; AND - CIFYING PROHi- BITIONS AGAI lAIN. HA- ZARDS; PR(iVlQlHi F . ..- - ABILITY, COfIlFUOlS ANDEFFECo TIVE DATE. This PUblic Hest'1ng WIll be held 81 7:30 p.m. on Tu4l8day, Aplil 10. 1984, or 88 soon there8IIer 88poss1b18 in the Commi88iCln Chamber, City Hall, =..Edgernon Ave., Winter Springs, Coples of the propoesd ordinenceare svallab18 inlhe bfIk:e.<<,)I the City Clerk "for 11l8P8C1lOn. lntereljted perties may appear .81 this heaflf\II .8nd be heard with respect to. this proposed ordinanCe. . .',' . " PI_ be 8lIYill8d th8l, under State Law, if you decide to sppeal s decl- 8kln made with respect to tl\jSIll!lttBr, you will need a record of the' proceed- ings snd msy need to ensure th81 a vertlatim record is Jjlade. D8led th.iS 6th day OtMsrch, 1984. CITY OF WINTER SPRINGS, FLORIDA ., Is/Mary T. Norton Mary T. Norton, City Cfer1< L8-128(es> Mar.18,l984 FORM NO. AD-264