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)
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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