HomeMy WebLinkAbout2001 11 26 Public Hearings B First Reading - Ordinance 2001-54 Fire Prevention Code
COMMISSION AGENDA
ITEM B
Consent
Informational
Public Hearing X
Regular
November 26. 2001
Meeting
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Mgr. I Dept ~
Authorization
REQUEST: The Fire Chief and City Attorney is requesting that the City Commission conduct a
First Reading and Public Hearing for Ordinance No. 2001-54 concerning revisions to Article ill
of Chapter 7 of The City of Winter Springs Code Of Ordinances concerning Fire Prevention
Code.
PURPOSE: The purpose of this agenda item is to consider repealing the existing Article ill of
Chapter 7 and adopting a new Article ill of Chapter 7 of the City of Winter Springs Code of
Ordinances, providing for local amendments to the Florida Fire Prevention Code, providing for
appeal of substantial affected parties, providing for an impact fee credit, providing for the
adoption of a more stringent uniform firesafety standard for fire sprinkler systems, providing for
the repeal of prior inconsistent ordinances and resolutions, providing for incorporation into the
code, providing for severability, and providing for an effective date.
APPLICABLE LAW AND PUBLIC POLICY:
Chapter 98-287 Laws of Florida initiated the development of a uniform and statewide fire
prevention and life safety code, under the authority of the Office of the State Fire Marshal.
Chapter 633, Florida Statutes, following public hearing regarding the need to strengthen the
requirements of the minimum firesafety code the City Commission may adopt by Ordinance a
local amendment to the Florida Fire Prevention Code, provided such amendment provides a
higher level of protection to the public than the level specified in the Florida Fire Prevention
Code and that such additional requirements will not be discriminatory as to materials, products,
or construction techniques.
NOVEMBER 26, 2001
PUBLIC HEARING AGENDA ITEM B
Page 2
CONSIDERATIONS:
The State Fire Marshal has adopted, with amendments, the National Fire
Protection Associations, Fire Prevention Code (NFP AI) and the Life Safety Code
(NFPA 101), which will become effective January 1,2002. The Florida Fire
Prevention Code is to be applicable within and to be enforced by each
municipality, county, and special district as the minimum fire safety code.
The City of Winter Springs Fire Prevention Code (Article ill, Chapter 7, City
Code of Ordinances) shall be effective until the adoption of the Florida Fire
Prevention Code, which is effective on January 1, 2002. Thereafter the City of
Winter Springs Fire Prevention Code will be replaced by the state code.
The State Fire Marshal, following review of proposed fire sprinkler standards, has
declined to include within the recently adopted Florida Fire Prevention Code
many of the current fire sprinkler standards provided for within the City of Winter
Springs Code.
In the experience of the Winter Springs Fire Department, requiring fire sprinkler
systems in the past has controlled or completely extinguished fires before the fire
department could reach the scene, in every structure which had fire sprinklers,
thereby protecting far greater loss to property and lives.
The requirement of fire sprinkler systems in certain structures is a more stringent
requirement than provided within the Florida Fire Prevention Code, but the City
Commission finds that the same is needed for protection of life and property
within the City of Winter Springs.
The Florida Fire Prevention Code provides that municipalities may adopt more
stringent fire safety standards through a local amendment process, and the City
Commission desires to strengthen the requirements of the minimum fire safety
code by re-adopting its Section 7-56 of the current Fire Prevention Code.
The City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare ofthe
citizens of Winter Springs.
The impact fee reductions by adopting this ordinance are $0.05 per square foot in
commercial occupancies. The current impact fee for commercial occupancies is
$0.28 per square foot. This would reduce the current impact fee to $0.23 per
square foot or an 18% impact fee reduction as a credit for adding fire sprinklers.
As an example, a 5000 square foot commercial structure would generate $1,400 in
fire impact fees, with the impact fee credit for fire sprinklers the fee would be
$1,150 or $250 less.
NOVEMBER 26, 2001
PUBLIC HEARlNG AGENDA ITEM B
Page 3
Single family residential structures under this ordinance proposal would receive
the entire fire impact fee credit. The current fire impact fee is $103.63 for a single-
family dwelling. No single-family structures in the city have been constructed
with fire sprinklers to date. This impact fee reduction would be the first step in
encouraging builders to use affordable style fire sprinkler systems in single family
residential construction.
STAFF RECOMMENDATION:
The Fire Chief and City Attorney recommend approval of first reading of
Ordinance No. 2001-54 and to advertise for a second reading and public hearing
at the next regular scheduled commission meeting to be held on December 10,
2001.
ATTACHMENTS:
A - The City of Winter Springs Code Chapter 7, Article Ill.
B - Ordinance No. 2001-54
CITY COMMISSION ACTION:
FIRE PREVENTION AND PROTECTION
ARTICLE I. FIRE DEPARTMENT
Sec. 7-1. Organization.
The fire department of the city shall be orga-
nized as prescribed in this article.
(Ord. No. 514, S 1, 2-24-92)
Sec. 7-2. Creation.
The fire department is hereby created as a
separate and autonomous municipal department.
It shall be the mission of the fire department to
protect the city and its citizens from fire or other
such emergencies, and to educate, protect and
serve the citizens of the community.
(Ord. No. 514, S 1,2-24-92)
Sec. 7-3. Fire chief; authority.
(a) The fire chief shall be the administrative
head of the fire department.
(b) The fire chief shall have the authority to
enforce all ordinances and regulations of the city
pertaining to the fire department.
(Ord. No. 514, S 1, 2-24-92)
Sec. 7.4. Deputy fire chief; authority.
(a) The deputy fire chief shall assume the
duties of the fire chief during the absence of the
fire chief.
(b) The deputy fire chief shall have the same
authority as the fire chief as stated in Section
7 -3(b).
(Ord. No. 514, ~ 1, 2-24-92)
Sec. 7-5. Department division; delegation of
responsi hili ty.
(a) The fire department shall perform four (4)
major functions:
(1) Combat (fire suppression)
(2) Fire prevention
(3) Emergency medical services
(4) Training
(b) The fire marshal shall be delegated the
responsibility for the fire prevention division.
S 7-26
(c) The emergency medical services director
shall be delegated the responsibility for the emer-
gency medical services division.
(d) The training officer shall be delegated the
responsibility for the training division.
(Ord. No. 514, S 1, 2-14-92)
Sees. 7-6-7-25. Reserved.
ARTICLE II. IN GENERAL
Sec. 7-26. Regulation of open-air burning.
(a) No person shall burn outdoors \\ithin the
city limits, except in an incinerator, any solid
waste in the form of trash, paper, grass clippings,
leaves, underbrush, felled trees, or other combus-
tible vegetable material without the express per-
mission of the fire department regarding the
location, size and duration of each burning, nor
without constant supervision of each burning
until the last spark of fire is extinguished.
(b) Under no circumstances shall any person
burn any food waste whatsoever at any time
within the city limits.
(c) In the event of a disaster sufficient to
preclude commercial collection of solid waste or
any cessation of such service, the public shall
gather solid waste, excluding food waste, in the
usual manor for pickup at curbside by city owned
or city hired vehicles, to be burned under the
supervision of the fire department at sites desig-
nated by the disaster management coordinator.
During such emergency situations, the public
shall bury all food waste, and such food waste
shall not be burned by the public nor deposited
with other solid waste for collection.
(d) For major land clearing operations, a burn-
ing permit shall be obtained from the fire depart-
ment, providing that all rules and regulations of
such burning comply with both the Florida Divi-
sion of Forestry and the Department of Environ-
mental Regulations. The burn site shall be in-
spected by the fire department prior to the issuing
of any permit. A fee will be charged for such
permits in accordance with the fee schedule adopted
by resolution of the city commission. Said permit
may remain in force for a period not to exceed
435
FIRE PREVENTION AND PROTECTION
costing more than fifty (50) percent of the as-
sessed value of said building, shall be required to
bring the building into compliance with current
codes.
(Ord. No. 514, * 1, 2-24-92)
Sec. 7-50. Enforcement.
The fire prevention code shall be enforced by
the fire chief and/or fire marshal of the fire
department.
(Ord. No. 514, * 1, 2-24-92)
Sec. 7-51. Modifications.
The fire chief and/or fire marshal shall have
the power to modify any of the provisions of the
code. When upon application in writing by a
property owner or duly authorized agent, the fire
chief and/or fire marshal determines there are
practical difficulties in complying with the strict
letter of the code, relief may be granted provided
that the spirit of the code shall be observed, public
safety secured, and substantial justice done. When
such modification is made, a record shall be kept
including a description and explanation of the
variation from the code requested and the deci-
sion made. This document shall be kept at the fire
department, and a signed copy furnished to the
applicant.
(Ord. No. 514, ~ 1, 2-24-92)
Sec. 7-52. Appeals.
Whenever the fire chief and/or fire marshal
shall refuse to approve or grant a permit or shall
disapprove an application for modification to the
code, or when it is claimed that the provisions of
the code do not apply or that the true intent and
meaning of the code have been misconstrued or
wrongly interpreted, the applicant may file, within
thirty (30) days from the date of such negative
decision, an appeal with the city commission.
(Ord. No. 514, * 1,,2-24-92)
Sec. 7-53. Inspections.
The fire marshal or his authorized agent shall
periodically inspect, at any reasonable hour, any
and all multi-family dwellings and any and all
commercial buildings, equipment and vehicles on
premises within the city. If it be found that any
~ 7-56
such building or structure is in need of repairs or
lacks sufficient fire escapes, alarm apparatus, fire
extinguishing devices, or if it be found that any
such building, structure, equipment or vehicle is
in dilapidated condition or is especially liable to
fire from any other cause, and further is situated
so as to endanger life or property, it may be
ordered to be removed or rendered safe within a
reasonable length of time.
(Ord. No. 514, * 1, 2-24-92)
Sec. 7-54. Violations.
Any person(s) who shall violate any provisions
of this code, or fail to comply therewith, or who
shall violate or fail to comply with any order made
thereunder, or who shall build in violation of any
detailed statement of specifications or plans sub-
mitted and approved thereunder, and from which
no appeal has been taken, or who shall fail to
comply with such an order as affirmed or modified
by the city or by a court of competent jurisdiction,
within the time affixed herein, shall be subject to
the penalty prescribed in section 1-15. The impo-
sition of one (1) penalty for any "iolation shall not
excuse the violation or permit it to continue, and
all such persons shall be required to correct or
remedy such violations or defects within a reason-
able time; and when not otherwise specified, each
ten (10) days that prohibited conditions are main-
tained shall constitute a separate offense. The
application of the above penalty shall not be held
to prevent the enforced removal of prohibited
conditions.
(Ord. No. 514, * 1, 2-24-92)
Sec. 7-55. User fees and charges.
User fees and charges for specific and/or unique
fire department services, shall be required accord-
ing to the resolution passed by the city commis-
SIOn.
(Ord. No. 514, S 1,2-24-92)
Sec. 7.56. Automatic fire sprinkler systems.
(a) Automatic fire sprinkler systems shall be
required as follows:
(1) Throughout all buildings used for commer-
cial purposes, including but not limited to
offices, mercantile stores, restaurants,
437
FIRE PREVENTION Ai'J'D PROTECTIO:-;
privately maintained in the right-of-way,
easement or common area involved. Trans-
fer of ownership of hydrants shall occur
only after inspection and approval of each
hydrant by the fire chief. Such approved
hydrants shall be deeded to the city by a
legal document prepared by the developer
and reviewed and approved by the city.
(Ord. No. 514, S 1, 2-24-92)
Sec. 7-78. Hydrant installation specifica-
tions.
(a) Spacing: Hydrants shall be spaced not more
than seven hundred fifty (750) feet apart in single-
family residential zoning districts or single-
family sections of planned unit developments and
not more than five hundred (500) feet apart in all
other districts. Developers shall be required to
place water systems and hydrants within the
developments in a looped system to provide max-
imum firefighting capability.
(b) Proximity to building: No building or struc-
ture shall be erected at a distance more than
three hundred fifty (350) feet from the nearest
fire hydrant, such distance being measured along
the road right-of-way, nor be set back at a dis-
tance measuring more than three hundred fifty
(350) feet perpendicularly to the edge of the
right-of-way. This restriction shall not apply to
underdeveloped areas of the city where water
mains have not been installed within seven hun-
dred fifty (750) feet of the proposed structure.
(1) No building permit shall be issued when
the above requirements are not met un-
less the city commission has specifically
granted a waiver of the distance specifi-
cation.
(2) A petition for waiver of the distance spec-
ification may be considered by the city
commission upon written application from
the property owner or authorized agent.
The applicant shall be required to demon-
strate that enforcement of this require-
ment would cause undue hardship, upon
which the commission may grant a waiver.
~ 7-81
(c) Orientation: Hydrants shall be positioned
so that the large opening of the hydrant face,
(steamer port), points in the direction most proper
to facilitate easy access to fire department pump-
ers.
(d) Height: Hydrants shall be installed at such
height that the base of the hydrant barrel secur-
ing bolts are above the surrounding land finish
grade and ground cover so as to provide ready
accessibility for maintenance. In addition, the
distance between the ground or ground cover to
the center line of the steamer port of the hydrant
shall not be less than eighteen (18) inches.
(e) Water control valve: Each hydrant shall
have its own under ground on-off control valve
immediately adjacent to the hydrant.
(f) Color and markings: Each hydrant shall be
painted uniformly. The hydrant barrel and all
caps sh~ll be DOT yellow. The bonnet shall be
white with 3M reflective coating applied. The
hydrant number shall be stenciled with one-inch
numbers, black in color. The hydrant number
shall be provided by the fire department.
(Ord. No. 514, S 1, 2-24-92)
Sec. 7-79. Obstruction of hydrants.
No obstructing material, sign, fence, wall, bush,
tree, or other such obstacle shall be placed or
allowed to remain within a ten (10) feet circular
radius of a fire hydrant, with the fire hydrant
being the center point of such radius.
(Ord. No. 514, S 1, 2-24-92)
Sec. 7-80. Approval and acceptance by the
city.
Approval of the type of fire hydrants installed
and of the location, placement, orientation and
height of each hydrant shall be the decision of the
fire chief. Acceptance of hydrants installed by
developers or builders shall be at the sole discre-
tion and determination of the fire chief.
(Ord. Ko. 514, S 1,2-24-92)
Sec. 7-81. On Site static water supplies.
In areas of the city, zoned commercial, where
water mains have not been installed, a static
water source shall be required for all construction
439
FIRE PREVENTION A.t~D PROTECTION
~ 7-81
least eighteen (18) inches wide and twelve
(12) inches high. This sign may be painted
directly on the tank.
(Ord. No. 514, S 1, 2-24-92)
441
ORDINANCE NO. 2001 - 54
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA REPEALING THE
EXISTING ARTICLE III OF CHAPTER 7 AND ADOPTING A
NEW ARTICLE III OF CHAPTER 7 OF THE CITY OF
WINTER SPRINGS CODE OF ORDINANCES; PROVIDING
FOR LOCAL AMENDMENTS TO THE FLORIDA FIRE
PREVENTION CODE; PROVIDING FOR APPEAL OF
SUBSTANTIAL AFFECTED PARTIES; PROVIDING FOR AN
IMPACT FEE CREDIT; PROVIDING FOR THE ADOPTION
OF A MORE STRINGENT UNIFORM FIRE SAFETY
STANDARD FOR FIRE SPRINKLER SYSTEMS; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR
INCORPORATION INTO THE CODE; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREASt Chapter 98-287 Laws of Florida initiated the development of a uniform and
statewide fire prevention and life safety code, under the authority of the Office of the State Fire
Marshal; and
WHEREASt the State Fire Marshal has adopted, with amendments, the National Fire
Protection Associationst Fire Prevention Code (NFPA 1) and the Life Safety Code (NFPA 101)t
which will become effective January It 2002; and
WHEREASt this Florida Fire Prevention Code is to be applicable within and to be enforced
by each municipality, county, and special district as the minimum fire safety code; and
WHEREAS, the City of Winter Springs Fire Prevention Code (Article ill, Chapter 7, City
Code of Ordinances) shall be effective until the adoption of the Florida Fire Prevention Code, to wit:
January I, 2002, thereafter its local code will be replaced by the state code; and
WHEREASt the State Fire Marshal, following review of proposed fire sprinkler standards,
has declined to include within the recently adopted Florida Fire Prevention Code many of the current
fire sprinkler standards provided for within the City of Winter Springs Code; and
WHEREAS, in the experience of the Winter Springs Fire Departmentt requiring fire
sprinkler systems in the past has controlled or completely extinguished fires before the fire
department could reach the scenet in every structure which had fire sprinklers, thereby protecting far
greater loss to property and lives; and
City of Winter Springs
Ordinance No. 200 I - 54
Page I of 5
WHEREAS, the requirement of fire sprinkler systems in certain structures is a more
stringent requirement than provided within the Florida Fire Prevention Code, but the City
Commission finds that the same is needed for the protection of life and property within the City of
Winter Springs; and
WHEREAS, the Florida Fire Prevention Code provides that municipalities may adopt more
stringent fire safety standards through a local amendment process; and
WHEREAS, the City Commission desires to strengthen the requirements of the minimum
fire safety code by re-adopting its Section 7-56 of the current Fire Prevention Code; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are incorporated herein by reference and
made a part of this Ordinance.
Section 2. Repeal Code. The City of Winter Springs Code Chapter 7, Article ill, entitled
Fire Prevention Code is hereby repealed. A copy of Article ill is attached hereto for reference
purposes as Exhibit "A".
Section 3. Amend Code. The City of Winter Springs Code Chapter 7, is hereby
amended by the adoption of a new Article ill, entitled Local Amendment to the Florida Fire
Prevention Code as follows: (underlined type indicates additions and strikeout type indicates
deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter
7. It is intended that the text in Chapter 7 denoted by the asterisks and set forth in this Ordinance
shall remain unchanged from the language existing prior to adoption of this Ordinance).
Chapter 7. Fire Prevention and Protection
* * *
ARTICLE III. LOCAL AMENDMENT TO THE FLORIDA FIRE PREVENTION CODE
Sec. 7-46.
Procedure for local amendments to the Florida Fire Prevention Code.
In accordance with Chapter 633. Florida Statutes. following public hearing regarding the
need to strengthen the requirements of the minimum firesafety code the City Commission may adopt
by Ordinance a local amendments to the Florida Fire Prevention Code. provided such amendment
provides a higher level of protection to the public than the level specified in the Florida Fire
City of Winter Springs
Ordinance No. )00 I - 54
Page 2 of 5
Prevention Code and that such additional requirements will not be discriminatory as to materials.
products. or construction techniques.
Sec. 7-47 - 7-49.
Reserved.
Sec. 7-50.
Appeal.
W Any substantially affected Party may test the validity of the a local amendment by filing a
motion for reconsideration. within thirty (30) days of the effective date of the Ordinance. challenging
the City's compliance with requirements of Chapter 633. Florida Statutes..
{Q} The motion for reconsideration shall be filed with the city clerk. and heard by the City
Commission within forty-five (45) days from the date of filing.
llU The burden of proof is upon the challenging party to demonstrate that the enactment of the
local amendment was not in compliance with Chapter 633. Florida Statutes.
@ Should the City Commission determine that the challenged amendment was not adopted in
compliance with Chapter 633. the amendment shall be unenforceable until such compliance is met.
If the City Commission determines that the challenged amendment was adopted in compliance with
Chapter 633. the challenger may appeal further to the Department of Insurance. however. the local
amendment will continue to be enforceable during the appeal process.
Sec. 7-51 - 7-53. Reserved.
Sec. 7-54. Impact fee credits.
The following occupancies shall receive a fire impact fee credit for the installation of a fire
suppression system installed in accordance with N.F.P.A. 13. 13R. 13D and S.F.M. 4A-45. and as
provided in Section 7-60 below:
(1 ) New occupancy construction which is regulated by the state uniform fire prevention code
shall receive a $0.05 per square foot credit on the fire public safety facilities impact fee.
(2) New single-family detached dwelling units shall receive a full credit for the fire public
safety facilities impact fee.
Sec. 7-55 - 7-59. Reserved.
Sec. 7-60. Automatic fire sprinkler systems.
(a) Automatic fire sprinkler systems shall be required as follows:
City of Winter Springs
Ordinance No. _200 I - 54
Page 3 of 5
(1 ) Throughout all buildings used for commercial purposes. including but not limited to
offices. mercantile stores. restaurants. manufacturing. industrial or storage. if the total square footage
is three thousand five hundred (3.500) square feet or more regardless of type of construction.
(2) Throughout all hotels. motels. condominiums. apartment buildings. or dormitories.
regardless of size or type of construction.
(3) Throughout all hospitals. nursing homes. adult congregate living facilities or other
medical facilities. regardless of size or type of construction.
(4) Throughout all Group "H" hazardous occupancies. regardless of size or tyPe of
construction. except where the application of water might constitute a life safety hazard or increase
the severity of the fire.
(5) Throughout all educational facilities regardless of size or type of construction.
(b) Automatic fire sprinkler systems shall be installed to the specifications ofNFPA 13. Standard
for the installation of sprinkler systems. most recent edition adopted by the State of Florida. NFP A
13D. Standard for the installation of sprinkler systems in one- and two-family dwellings and
manufactured homes. most recent edition adopted by the State of Florida. and NFP A 13R. Standard
for the installation of sprinkler systems in residential occupancies UP to and including four (4) stories
in height. most recent edition adopted by the State of Florida.
(c) All buildings equipped with automatic sprinkler systems as required by subsection (b) above.
shall be required to have such systems monitored by a central station monitoring company installed
to the specifications of NFP A 72. National Fire Alarm Code. most recent edition adopted by the
State of Florida.
(d) All automatic fire sprinkler systems as required by subsection (b) above. shall be required to
have such systems inspected. tested and maintained to the specifications ofNFP A 25. Standard for
the inspection. maintenance and testing of water based fire protection systems. most recent edition
adopted by the State of Florida. A copy of each inspection report shall be furnished to the fire
marshal's office.
( e) All automatic fire sprinkler systems shall be installed by a licensed fire protection system
contractor. pursuant to Florida Statute 633.521. and Florida State Fire Marshal Rule 4A-46.
(n If an automatic fire sprinkler system is required to be shut off for any reason. the fire
department shall be notified when it is shut off and when it is returned to service.
Sec. 7-61-7-75. Reserved.
City of Winter Springs
Ordinance No. .2001 - 54
Page 4 of 5
***
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 5. Incorporation Into Code. This ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 7. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of ,2001.
PAUL P. PARTYKA
Mayor
ATTEST:
ANDREA LORENZO-LUACES
City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
F:\Lawyer\jefib\City of Winter Springs\Ordinances\Fire Prevention Code.wpd
City of Winter Springs
Ordinance No. .2001 - 54
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