HomeMy WebLinkAboutO-1989-032 •
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ORDINANCE NO. 32-89
s AN ORDINANCE OF THE CITY OF DANIA, FLORIDA
j REPEALING SECTIONS 11-43 , 11-44 AND 11-45 ; AND
AMENDING SECTIONS 11-36 AND 11-42; AND
ENACTING NEW SECTIONS 11-43 , 11-44 , 11-45 ,
11-46 AND 11-48; AND RENUMBERING 11-46 TO
J 11-47 OF ARTICLE III OF CHAPTER 11 , OF THE
CODE OF ORDINANCES OF THE CITY OF DANIA,
FLORIDA; PROVIDING PROCEDURES FOR COMPLAINTS;
PROVIDING FOR INVESTIGATION OF FIRES;
PROVIDING FOR INSPECTIONS PRIOR TO ISSUING
PERMITS; PROVIDING FOR PERIODIC INSPECTIONS;
PROVIDING FOR RECOVERY OF COSTS; PROVIDING FOR
NON-INTERFERENCE WITH FIRE OFFICIALS;
PROVIDING FOR THE BILLING AND COLLECTION OF
FIRE SAFETY INSPECTION FEES; AND PROVIDING
THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND
ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1 . That Sections 11-43 , 11-44 and 11-45 of Article
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III , Chapter 11 , of the Code of Ordinances of the City of Dania ,
Florida, be and the same are hereby repealed .
Section 2 . That Sections 11-36 and 11-42 of Article III of ,
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j Chapter 11 of the Code of Ordinances of the City of Dania ,
Florida, be and the same are hereby amended to read as follows :
.! ` "Sec. 11-36. Procedure upon receiving complaints;
ordering correction of certain conditions.
The fire chief , the fire marshall or inspectors of
the bureau of fire prevention, upon complaint of any
person or whenever he or they shall deem it necessary,
shall inspect all buildings and premises within their
jurisdiction. Persons authorized to enter and inspect
buildings, structures , marine vessels , vehicles and
premises as set forth herein, shall be indentified by
proper credentials issued by the fire chief .
Whenever any of said officers shall find any
building or other structure which, for want of repairs ,
lack of or insufficient fire escapes , automatic or other
fire alarm apparatus or fire-extinguishinq equipment or
by reason of age or delapidated condition , or from any
other cause , is especially liable to fire , and which is
so situated as to endanger other property or the
occupants thereof , and whenever such officer shall find
in any building combustible or explosive matter ,
dangerous accumulations of rubbish or unnecessary
accumulations of wastepaper , boxes , shavings or other
highly inflammable materials especially liable to fire ,
and which is so situated as to endanger the safety of
such building or the occupants thereof ; or shall find
obstructions to or upon fire escapes , stairs ,
passageways , doors, windows and other places liable to
interfere with the operations of the fire department or
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the egress and exit of occupants in case of fire ; or
shall find smoking within theaters or overcrowding of
theaters or other places wherein people are congregated ,
he shall order such dangerous conditions or materials
to be removed or remedied and such order shall forthwith
be complied with by the owner or occupant of such
premises or building .
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If such order is made by the chief inspector or any
of his assistant inspectors , such owner or occupant may
within twenty-four ( 24 ) hours appeal to the fire chief
who shall , within five ( 5 ) days , review such order and
j file his decision thereon, and unless by his authority
the order is revoked , or modified, it shall remain in
full force and be complied with within the time fixed in
such order or decision of the fire chief .
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Any such owner or occupant may, within five ( 5 )
days after the making or affirming of any such order by
the fire chief , file an appeal with the Broward County
Board of Rules and Appeals as provided for in Section
5204 .4 of Chapter 52 of the South Florida Building Code ,
Broward County Edition.
11-42. Investigation of cause, origin and
circumstances of fires and keeping of
records and reports.
The bureau of fire prevention shall investigate the
cause , origin and circumstances of every fire occurring
in the city by which property has been destroyed or
damaged and , so far as possible , shall determine whether
the fire is the result of carelessness or design. Such
investigation shall begin immediately upon the
occurrence of such a fire , and if it appears to the
officer making such an investigation , that such fire is
of suspicious origin, the fire chief shall be
immediately notified of the fact ; he shall take charge
immediately of the physical evidence , shall notify the
proper authorities designated by law to pursue the
investigation of such matters , and shall further
cooperate with the authorities in the collection of
evidence and in the prosecution of the case . Every fire
shall be reported in writing to the bureau of fire
prevention within two days after the occurrence of the
same, by the officer in whose jurisdiction such a fire
has occurred . Such report shall be in such form as
shall be prescribed by the fire chief and shall contain
a statement of all facts relating to the cause , origin
and circumstances of such fire , the extent of the damage
thereof , and the insurance upon such property , and such
other information as may be required . The fire marshall
shall compile and keep a record of all fires and of all
the facts concerning the same , including injuries ,
deaths , rescue of persons, statistics as to the extent
{ of such fires and the damage caused thereby. In
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addition, the fire marshall shall make an annual report
of the activities of the bureau of fire prevention and
shall transmit this report to the fire chief . All such
records shall be public. "
Section 3 . That new Sections 11-43 , 11-44 , 11-45 , 11-46 and
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11-47 of Article III , Chapter 11 , are hereby enacted and ordained
and shall read as follows:
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i Sec. 11-43. Inspections
� p prior to issuing permits
relative to flammable materials, gun or
blasting powder, explosives, etc.
j Before a permit may be issued for the keeping ,
storage , use , manufacture , sale , handling ,
transportation or other disposition of highly flammable
materials and rubbish , crude petroleum or any of its
products , gun or blasting powder, dynamite or explosives
of any kind , including fireworks , firecrackers and
signaling explosives , the fire chief , the fire
marshall , the chief inspector. , or his assistants shall
inspect and approve the receptacles , vehicles , buildings
or storage places to be used for any such purposes . In
cases where laws or regulations, enforceable by
departments other than the fire prevention bureau are
applicable , joint approval shall be obtained from all
departments concerned .
( a) A permit shall constitute permission to
properly maintain, store or handle
materials , or to conduct processes, which
produce conditions hazardous to life or
property, used in connection with such
activities. Such permit shall not be
transferable , and any change in use or
occupancy of premises shall require a new
permit .
( b) All applications for a permit required by
this section, shall be made to the Eire
1 prevention bureau . Applications for
permits shall be accompanied by such plan
as may be required by the fire chief .
( c) Permits shall at all times be kept on the
premises designated therein , and shall at
all times be subject to inspection by any
officer of the fire or police or building
departments .
(d) One ( 1 ) permit only shall be required by
establishments dealing in, or using ,
explosives or hazardous materials to be
kept in the establishment at any on,-
time , but each of the materials shall be
listed in the permit .
( e) Permits shall be required for the
following, as specified in the South
j Florida Building Code :
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( 1 ) Cellulose nitrate plastics
# ( pyroxylin) .
(2 ) Compressed gasses .
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( 3 ) Explosives .
( 4 ) Fireworks.
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( 5 ) Fumigation and thermal insecticidal
fogging .
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( 6 ) Hazardous materials .
( 7 ) Liquified petroleum gases and
compressed natural gas .
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( 8 ) Places of assembly. Certificate of
Occupancy and/or Occupational
License shall constitute a permit .
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( 9 ) Tents and air-supported structures .
j (10) Remove or abandon, flammable or
l combustible tank .
( 11 ) Welding or cutting , acetylene ,
generator and calcium carbide .
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( 12 ) Storage of flammable and combustible
liquids and solids .
EXCEPTION: Less than 15 gallons
stored in one and two family
detached residential dwelling units
shall not require a permit .
(! ( 13 ) Open burning.
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( 14 ) Carnivals , circuses and other
special events .
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( f) The issuance or granting of a permit
shall not be deemed or construed to be a
` permit for , or an approval of , any
violation of this code.
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(g) Compliance with this code is the
responsiblity of the permit holder and/or
the owner of the property.
( h) Any permit issued under this section may
be suspended or revoked when it is
determined by the fire chief that :
( 1 ) It is used by an applicant other
j than the person to whom the permit -
1 was issued .
( 2 ) It is used for a location other than
that for which it was issued .
( 3 ) Any of the conditions or limitations
set forth in the permit have been
violated .
( 4 ) The applicant fails , refuses or
neglects to comply with any order or
notice duly served upon him under
the provisions of this code within
the time provided therein .
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( 5 ) There has been any false statement
or misrepresentation as to a
material fact in the application or
plans on which the permit or
application was based .
Sec. 11-44. Inspection of hazardous manufacturing,
storages and installations of gas, fire
alarm and automatic sprinkler systems, t
etc.
The fire chief , fire marshall , chief inspector or j
an assistant specially designated thereto shall
inspect , as often as may be necessary , but not less
than four ( 4 ) times a year , all specially hazardous
manufacturing processes , storages or installations of i
j acetylene or other gases , chemicals, oils, explosives
of every kind , including fireworks , firecrackers , gun
or blasting powder , dynamite or other explosives and or
j flammable materials , all interior fire alarms and
automatic sprinkler systems, and such other hazards or
appliances as the fire chief shall designate , and shall
d make such orders as may be necessary for the
enforcement of the laws and ordinances governing the
same and for safeguarding of life and property from
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fire .
� Sec. 11-45. Hazardous substances, recovery of costs.
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j ( a) As used in this section, the following
terms shall be defined as follows :
( 1 ) Costs mean those necessary and
j reasonable costs incurred by the
city in connection with 1r
investigating , administrating ,
mitigating , minimizing , removing or
abating discharges of hazardous
1 substances , including but not
limited to the following : actual
labor costs of city personnel or its
authorized agents, cost of equipment
operation and rental , cost of
expendable items , including but not
limited to fire-fighting foam,
chemical extinguishing agents ,
absorbent material , sand, recovery
a drums, acid suits, acid gloves,
goggles, and protective clothing .
( 2) Discharge means any intentional or
unintentional action or omission
resulting in the releasing ,
spilling , pumping , pouring ,
emitting , emptying or dumping of a
hazardous substance upon public or
private property located within the
corporate limits of the City of
Dania .
( 3 ) Hazardous substances means any
substances or materials in a
quantity or form which , in the
determination of the fire chief or
his authorized designee , poses an
1 unreasonable and imminent risk to
the life, health, safety or welfare
of persons or property within the
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City of Dania, and shall include but
not be limited to those hazardous
substances listed in the "N. F.P.A.
Guide on Hazardous Materials" or the
E.P.A. ' s list of extremely hazardous
3 substances , or the "Florida
Substance List" promulgated by the E
Department of Labor and Employment
j Security.
(4 ) Person means one ( 1 ) or more I
individuals, partnerships ,
corporations, joint ventures,
associations or any other entities
or any combination thereof .
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( b) ( 1 ) The fire department is hereby
authorized to take such steps as
necessary to clean up, remove or
j abate the effects of any hazardous
substances discharged upon or into
i public or private property or
facilities located within the
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corporate limits of the city.
I ( 2 ) Any person or persons responsible
for causing or allowing an
unauthorized discharge of hazardous
substances that requires emergency
action by the Fire Department of the
City of Dania or its authorized
agents in order to protect the
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public health , safety or welfare
shall be jointly and severally
i liable to the City of Dania for the
costs incurred by the city in
{ investigating , mitigating ,
minimizing , removing and abating any
such discharge.
( 3 ) when responding to the emergency
.�4 caused by the unauthorized discharge
of hazardous substances , the Fire
Department of the City of Dania
shall keep a detailed record of the
costs attributable thereto.
(4 ) The authority to recover costs under
3 this section shall not include costs
incurred for actual fire suppression
services which are normally or
A usually provided by the city' s fire
department or its authorized agents .
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(c) ( 1 ) Any person or persons responsible
for causing or allowing an
unauthorized discharge of hazardous
substances shall reimburse the City
of Dania for the full amount of all
costs, as defined herein, associated
a with the investigating , mitigating ,
i minimizing , removing and abating of
any such discharge within a period
of thirty ( 30 ) days after receipt of
an itemized bill for such costs from
the City of Dania.
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( 2 ) Any person or persons responsible
for causing or allowing an j
unauthorized discharge of hazardous I
substances and who fails to
reimburse the City of Dania within
the time set forth in paragraph ( 1 )
of this subsection ( c) shall be
subject to a fine equal to the
greater of fifty dollars ( $50 .00 )
per day or ten ( 10) percent of the
total amount of the bill for each
additional day that the bill for
such costs remains upaid .
( 3 ) The remedy provided for in this
j section shall be supplemental to and
in addition to all other available
remedies at law and equity.
Sec. 11-46. Interference with fire official and
impersonation of fire official .
It shall be unlawful for any person to interfere
with a fire official carrying out any duties or
functions prescribed by this code . It shall be
unlawful for any unauthorized person to use an official
badge , uniform or other credential to impersonate a
fire official for the purpose of gaining access to any
- building , structure, marine vessel , vehicle or premise
in this municipality . " I
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Section 4 . That old Section 11-46 of Article III of Chapter
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11 , be and the same is hereby renumbered to Section 11-47 .
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j Section 5 . That new Section 11-48 of Article III , Chapter.
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11 , is hereby enacted and ordained and shall read as follows:
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"Sec. 11-48. Billing and Collection of Fire Safety
Inspection Fees.
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The fire safety inspection fees shall be payable at
the time the inspections are completed and a statement
of charges is furnished to the owner of the premises or
the lessee thereof by the inspecting officer. All such
I statements of charges that remain unpaid for thirty
J ( 30 ) days following the date of the inspection and the
statement therefor shall be added to and paid as a part
of the next water bill for the premises involved and
shall be transmitted to the General Fund upon
collection by the water department . "
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Section 6 . That except as herein repealed , amended and
added to, all other provisions of Article III of Chapter 11 of. the
Code of Ordinances of the City of Dania , Florida , shall remain in
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} full force and effect .
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Section 7 . That all ordinances or parts of ordinances and
all resolutions or parts of resolutions in conflict herewith be
and the same are hereby repealed to the extent of such conflict .
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ordinance No.
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Section 8 . That this ordinance shall be in force and take
effect immediately upon its final passage and adoption.
PASSED and ADOPTED on First Reading on the llth day of
July , 1989 .
PASSED and ADOPTED on Second and Final Reading on the 25th
day of July 1989 .
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1 A 0 - COMMISSION
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VATTEST:
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'CITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
By
FRANK C. ADLER, City Attorney
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Ordinance No.
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BEFORE HEARING
! ! COMMISSION
rHE S C1N- AJ OF DANIA,
TATTLER ROF THE FOL ADOPTION
PROPOSED
Established as The Hollywood Sun - January 4. I935 ORDINANCE
NOTICE IS HEREBY GIV-
EN Inel me CITY CRTmil,-
HOLLYWOOD, BROWARD COUNTY. FLORIDA Foci�a�eAuivis,Dwsv;
u R.po p.m. or as aoo
thereafter as the mattner
e%d"c nee ny In'I C
Commluion room of In'
STATE OF FLORIDA Dania Cty Hen, IW Wasl
Dan
b 0eecn Blyd.. Denle.
COUNTY OF BROWARD FIO/Ida b contlder Ina lol-
bMnd Drope)ed eCoaflon
on In.latc d and Ilnal raadlnp
Before the undersignedof Ina ordlnanos eml I
authority personally appeared —Peter E. D'Elia cAN r°oF"DAM u,°Fi T;iF
who on oath says (heishel is -lassified Mana ar pA• APPEALING SEC•
TIONS 11-a5. IWa. AND
SECTIONS
AND AMENDING
'. SECilONS IIJe AND 11• 'of THE SUN-TATTLER, a dailynewspaper SEcrlo EN C3rIj -AN
EW
p per published at Hollywood in Broward a5, IIJa.ANO 11-a1:AND
County, Florida; that the attached copy of advertisement, beinga RENUMBERING E III OF
ILaI OF ARTICLE III OF
CHAPTER Il, OF THE , '
Notice Of Hearin CODE OF ORDINANCESi
F LORIpqlT pROVID�Nd I
to the matter of —� Dania PR
TSREPROVICI G
—City Of FOR INVESTIGATION OF
FIRES; PROVIDING FOR!
in the�omm Room INSPECTIONS PRIOR TO
�r� ISSUING.PERMITS; PRO-
y�ONr��( INS O' FOR PE RI VIDIC
.
was published in said newspaper in the issue of ill 14 19Q9 INSPECTIONS; PROVI F
``,, ING FOR RECOVERY OF
�F NON S, PROVIDING FOR
INTERFERENCE
WITH FIRE OGF ICIALY
PROVIDING FOR TNT -;
Affiant further says that the said SUN-TATTLER is a new paper p BILLING OF Fla E CSAFETY
said Broward County, Florida,and that the said newspaper has heretoflore been Honli u0U71n INSPECTION G THATFIRES ALL yND
PROVIDING THAT ALL
published in said Broward County, Florida,each week and has been entered as second class ORDINANCES OR PARTSAND
r OF ORDINANCES O AND
matter at the ALL RESOLUTIONS OR
Post office in Hollywood in said County, Florida, for a period of one year next PARTS LI RESOLUTIONS
preceding the first publication of the attached co B CONFLICT HEREWITH
copy of advertisement: and afflant further BE REPEALED H THE
ON.
Says that he has neither paid nor promised an FLICT; OF SUCH CON
y person, firm or corporation any discount, FLIRT; AND PROVIDING
rebate,c FOR AN EFFECTIVE
omm' Sion or refund for the purpose of securing this advertisement for publication DATE.
In the sa' Catlike of I19h oe r01Po In one
'.� a r Pf c,of the city
Hall,lop Weal aClerk
li 9lac0
Boulevard, Dania, Florida,
and may the Imb4cled ev
the ouoBc dwinp normal
' olMlno noun.
I^leraa. d partial,may aC•
Sworn to and subscribed before me I our e1 me.10 heardab h I.-
."Ott end De heard wan n-
Anyt to fne hoPoaad.
this gQ 800 canon who decbel,to
day 0 D_ 19�1 Pkenoiny Ana ionie by the
or City CammhalonBoa,h
r..Pact to any matter Coin.'
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