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HomeMy WebLinkAboutOrdinance 514 Chapter 7 ORDINANCE NO. 514 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, PROVIDING FOR NEW CHAPTER 7 FIRE PREVENTION AND PROTECTION; SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined that it is in the best interest of the City of Winter Springs, Florida, to update and adopt the Fire Prevention and Protection Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA: SECTION I - That Sec. 7 Fire Prevention and Protection is hereby deleted in its entirety, and the following replaced therefor: ARTICLE I: FIRE DEPARTMENT SEC. 7-1. ORGANIZATION. The fire department of the city shall be organized as prescribed in this article. 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. 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. 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 SEC.7-3(b) 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 emergency medical services division. (d) The training officer shall be delegated the responsibility for the training division. 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 combustible vegetable material without the express permission of the f ire 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 pick-up at curb-side by city owned or city hired vehicles, to be burned under the supervision of the f ire 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 the public nor deposited with other solid waste for collection. (d) For major land clearing operations, a burning permit shall be obtained from the f ire department, providing that all rules and regulations of such burning comply with both the Florida Division of Forestry and the Department of Environmental Regulations. The burn site shall be inspected 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 thirty (30) calendar days. Burn permits may be revoked at any time for just cause and the fee forfeited. Should fire department services be required to extinguish a permitted burn 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 permittee (s) . SEC. 1-21. REGULATION OF EXPLOSIVES. (a) No person(s) shall discharge or detonate, nor allow the discharge or detonation of any illegal fireworks, as defined by Sec. 791-01(8), Florida Statues, dynamite or any other explosive at any time within the city limits without the express permission of both the fire and police departments. (b) Permitted public fireworks displays handled by licensed pyrotechnical businesses are excluded, subject to their obtaining proper permits and inspections by the office of the fire marshal. SEC. 1-28. 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 calling or shouting or other audible or visible method, telephoning, setting off a f ire alarm box or electronic signal, failure to repair faulty alarm 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. (Reference State Law-False Alarms, F.S.806.101) .Cross reference: BUILDINGS AND BUILDING REGULATIONS, ARTICLE III. FIRE PREVENTION CODE. · SEC. 1-46. ADOPTED. (a) For the purpose of prescribing regulations conditions hazardous to life and property from explosion, there is hereby specified and adopted 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 Regulations, Title 4A, Florida Administrative Code, 1990 edition. 2. National Fire Protection Association, Pamphlet One, Fire Prevention Code, 1987 edition. 3. National Fire Protection Association, Life Safety Code 101, 1985 edition. SEC. 1-41. EFFECT OF THE FIRE PREVENTION CODE. The specified codes adopted in section 7-46 comprising the f ire prevent ion 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. SEC. 1-48. STORAGE OF HAZARDOUS MATERIALS. Establishment of limits prohibiting the storage of flammable liquids in outside aboveground tanks, bulk storage of liquefied petroleum gases, storage of explosives and blasting agents, and bulk storage of any other hazardous material or compound. The limits referred to in this section shall be the entire corporate limits of the city. SEC. 1-49. 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 percent, (50%) of the total square footage of said bui lding, or costing more than fifty percent (50%) of the assessed value of said building, shall be required to bring the building into compliance with current codes. SEC. 1-50. ENFORCEMENT. The fire prevention code shall be enforced by the fire chief and/or fire marshal of the fire department. SEC. 1-51. 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 wri ting by a property owner or duly authorized agent, the fire chief and/or fire marshal determines there are practical diff icul ties in complying wi th 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 decision made. This document shall be kept at the fire department, and a signed copy furnished to the applicant. 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. 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 wi thin the city. If it be found that any such building or structure is in need or 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 si tuated so as to endanger life or property, it may be ordered to be removed or rendered safe within a reasonable length of time. 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 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 court of competent jurisdiction, within the time affixed herein, shall be subject to the penalty prescribed in section 1-15. 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. SEC. 7-55. USER FEE'S AND CHARGES. User fee's and charges for specific and/or unique fire department services, shall be required according to the Resolution passed by the city commission. City of Winter Springs. SEC. 7-56. AUTOMATIC FIRE SPRINKLER SYSTEMS. (a) Automatic fire sprinkler systems shall be required as follows; (1) Throughout all buildings used for commercial purposes, including but not limited to offices, mercantile stores, restaurants, manufacturing, industrial or storate, 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. (4) Throughout all hospitals, nursing homes, adult congregate living facilifies 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 of NFPA 13, "Standard for the installation of sprinkler systems," 1991 edition, NFPA 13D, "Standard for the installation of sprinkler systems in one and two family dwellings and mobile homes,1991 edition, and NFPA 13R," Standard for the installation of sprinkler systems in residential occupancies up to four stories in height, 1991 edition. (c) All buildings equipped with automatic sprinkler systems as required by (A, 1-5, 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 station signaling systems, 1989 edition. (d) All automatic fire sprinkler systems as required by (a, 1-5 above,) shall be required 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 Fl. 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. SEC. 7-57 - 7-75 RESERVED. *Cross Reference: BUILDINGS AND BUILDING REGULATIONS, Ch.6. ARTICLE IV. FIRE HYDRANTS. * SEC. 7-76. REQUIRED. Fire hydrants shall be installed to serve all developments as prescribed in this article. SEC. 7-77. 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 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 replace as necessary all service mains and connections to the bases of the hydrants. *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, Ch. 17; utilities, Ch. 19; and Zoning, Ch. 20. (c) The city shall assume ownership and maintenance of only the fire hydrant itself, at the time and in the manner specified below: (1) Hydrants on public streets will be accepted by the ci ty 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 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 involved. Transfer 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. SEC. 7-78. HYDRANT INSTALLATION SPECIFICATIONS. (a) Spacing; Hydrants shall be spaced not more that 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 wi thin the developments in a looped system to provide maximum firefighting capability. (b) Proximity to building; No building or structure 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 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 wi thin 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 demonstrate that enforcement of this requirement would cause undue hardship, upon which the commission may grant a waiver. (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 pumpers. (d) Height; Hydrants shall be installed at such height that the base of the hydrant barrel securing 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 value immediately adjacent to the hydrant. (f) Color and markings; Each hydrant shall be painted uniformily. 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. 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. 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 discretion and determination of the fire chief. 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 consisting of 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. (a) Tank size. The minimum tank size allowable 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. (b) 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. (c) Tank Location. Tanks shall be located at least seventy-five (75) feet from the building (s) to be protected. Tanks shall be located within six (6) feet of an access roadway with an all-weather driving surface which is designed to support the imposed loads of f ire apparatus. The areas around the tanks shall be marked as fire lanes. (d) Fire Department Connections, Underground Tanks. The tank shall be designed so that f ire 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 (4 1/2) 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 (4 1/2) inch male National Standard Fire Service threaded fitting shall be installed so that the tank may be ref illed by fire department apparatus. This re-fill fitting shall be installed at the opposite end of the tank from the drafting connection. (e) Fire Department Connections, Aboveground Tank. The tank shall be so designed that f ire department apparatus can draft water 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 (4 1/2) 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 (4 1/2) 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. (f) Tank Maintenance and Serviceability. The tank shall be connected to the domestic water supply of the building and shall have afloat switch to insure 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 f lush or have flushed and cleaned at least annually. All tanks shall be installed in a neat and good workmanship like manner and shall comply with all proper installation methods and procedures, including, but not limited to, sound engineering practices. (g) 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 follow warning: WARNING NON-POTABLE WATER FOR FIRE-FIGHTING USE ONLY This sign shall be white with red lettering at least one inch high. Sign size shall be at least 18 inches wide and 12 inches high. This sign may be painted directly on the tank. DIAGRAM OF STATIC WATER SOURCE FIRE DEPARTMENT DRAFTING TANK MINIMUM 5,000 US GALLONS CAPACITY ABOVEGROUND INSTALLATION SECTION II Conflicts. All ordinances or parts of ordinances in conflict herewith being the same are hereby repealed. SECTION III Severability. If any section or portion of a section or subsection of this Ordinance proves to be invalid, unlawful or unconstitutional it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of section or subsection or part of this Ordinance. SECTION IV Effective Date. This Ordinance shall become effective immediately upon its passage and adoption. Passed and adopted this 24th day of February, 1992. CITY OF WINTER SPRINGS, FLORIDA PHILIP A. KULBES, MAYOR ATTEST: Mary T. Norton CITY CLERK First Reading 1/27/92 Posted 1/30/92 Second Reading and Public Hearing 2/24/92 The Orlando Sentinel PubJiIbed DaiI,. A1ta1J>onte Spring., Seminole County, Florida ADVERTISING CHARGE $36.54 ~tate of Jflori~m} SS. (,XlUNTY OF ORANGE Before the undersigned authority personally appeared Noemi R. Lucero , 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, being a public hearing in the matter of ORDINANCE NO. 514 in the Court, was published in said newspaper in the issues of December 15. 1991 Affiant 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 "_tr~PUIili~.nnintho~ f<.. ~ Sworn to and subscribed before me this 17th day of December ~ > .",__~_._".,.,_~ "~",~_~_,'_._~_.w.",",_=--~.,___._,~""_,,,,,,___~.,,___ NOTICE OF PUBLIC HEARING . Cri'v OF WINTER SPRINGS, FLORlgA NOtICE is HEREBY GIVEN by the City CQmmi$$iOnol the City of Win!'er Springs. . Florida. that said Commission win hold a Pub~c Hearing on an ordi- nance entitled as follows: . ORDINANCE NO. ~14 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, flORIDA PRO- VIDING FOR NEW CHAPTER 7 FIRE PRiVENTION AND PROTEC. TiON; SEVERABILITY, CONFLICTS AND EFFECTiVE DATE. This Public Hearing wHI be held at 7:30 p.m. on January 13, 1992, or as soon thereafter. as pOSSible in the Commis- sion Chamber, City Hall. 1126 East S.R. 43-\1. Winter Springs, Fl32708. ~~f;I~:intt;.r;,ofc':~ ~~i~~ceCI:: for inspection. Interested parties may appear at this hearing and. be heard With respeclto this proposed ordinance. Persons are advised that d they decide .to appeal any recommendation made during the hearing, they will need a re- COrd of the prcx:iledings and for such purpose they may need to ensure that .a verbatim record of the proceedIngs IS made which record includes the testi- mO(lY and evidence upon which the .ap- peal is to be based per Section .286.0.10.5 Aorida statutes. Dated this 15th daY of Oecember. '991. CITY OF WINTER SPRINGS FLORIDA (, Is/Mary T. Norton , Mary T. Norton, ~ City Clerk '!.1>-o.28(Ss) Dec.1S:1991 FORM NO. AD-264 - ,._,~_..~"'~,--_.",....._-----'_._'--_._--~._._.~,. 'The'drlando Sentinel Publis~3% ?5~IY .i>tate of jflortba } S.S. C;OUNTY OF ORANGE 'Before the undersigjed aut!lOri~&ersanally appeared . uanl a sa 0 . , who on oath says toot he/she is the Legal Advertising Representative of The Orlando Sentinel, a daily newspaper published at C A~<;FI RFRRY in ~FM~Nm ~ County,Florida; t att eattac edcopyofadvertisement, being a NOTICE OF PUBLIC HEARING in the matter of ORDINANCE #51l1 in the Qr;~~NOL~ Court, was pu IS e in sai newspaper in the issue; of 02/09/92 Affiant further says that the said Orlando Sentinel is a newspaper published at Ce~~ibBE~RY , in said SE~IN~LE County, Florida, and t at t e said newspaper has heretofore been continuously published in said ~MINOLE County, Florida, each eek Day and has been entered as second-class mail matter at the post office in ~ar~ELBERRY in ~aid r . . County, Flonda, or a perio 0 one year next prece ing t e irst pu ication 0 t e attached copy of advertisement; 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. ~~ Candace Cody Notary Public, State of Florida My oommission expires Ms.:>, 29, 199' Commission # CC1l3661 NOTICE OF PUBUC HEARING CITY OF WINTER SPRINGS. FLORIDA NOTICE IS HEREBY GIVEN by the City CommISSIon 01 the City 01 Winter Sf>nngs, Flonda, fhat said Commission ~:~O~t~:r:io=~g 0I'l an ordi- ORDINANCE NO. 514 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, PRO- VIDING FOR NEW CHAPTER & FIRE PREVENTION AND PROTEC- TION: SEVERABIlITY, CONFUCTS AND EFFECTIVE DATE. This Public Hea. ring will be held at 7:30 p.m, on February 24, 1992, or as soon thereafter. as poSSible in the Commis- sion Chamber, City Hall, 1126 East S,A. 434" Wi.nter Springs, Fl32708, COpies 01 the proposed ordinance are available in the office 01 the City Clerk lor Inspection. Interested parties may 8/)pear at this hearing and be heard with respect to thIS proposed ordinance. PElT$Ons are advised that illhey decide to appeal any decisions made at this meeting, they will need a record 01 the prOc;eedings and lor such purpose they may need to ensure that a verbatim re- cord 01 the proceedings Is made which record includes the testimony and evi- dence upon which the appeal is to be ~~~~c::.er Section. 286.01 05 Florida Dated this 9th day 01 February, 1992. CITY OF WINTER SPRINGS FLORIDA Is/Mary T. Norton Mary T. Norton, City Clerk SlS2463050 Feb.9,l992