HomeMy WebLinkAboutO-1988-055 ,. .
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ORDINANCE NO. 55-38
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, RE-
PEALING SEC. 11-4 AND 11-5 OF ARTICLE I ; REPEALING
ALL OF ARTICLE II ENTITLED "VOLUNTEER DEPARTMENT;
RENUMBERING SEC. 11-6 OF ARTICLE I OF CHAPTER 11
TO SEC. 11-54 ENTITLED "FIRE PREVENTION" ; RENUMBERING
SEC. 11-41 , 11-42, 11-43 , 11-44, 11-45, 11-46 , AND
11-47 OF ARTICLE IV OF CHAPTER 11 TO SECTIONS 11-47 ,
11-48, 11-49, 11-50 , 11-51, 11-52 AND 11-53 RESPEC-
TIVELY; AMENDING SEC . 11-34 , 11-35 , 11-36, 11-37,
11-38, 11-39, 11-40, 11-41 , 11-42 , 11-43 , 11-44 ,
11-45 AND 11-46 OF ARTICLE III, CHAPTER 11, OF THE
CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA,
TO PROVIDE FOR CITY OF DANIA FIRE PREVENTION CODE ;
i TO PROVIDE FOR THE ADOPTION OF N. F.P.A. CODES AS
CONTAINED IN THE SOUTH FLORIDA BUILDING CODE; TO
i ESTABLISH A BUREAU OF FIRE PREVENTION; TO ESTABLISH
A FEE SCHEDULE FOR PERMITS, CERTIFICATES , RE-INSPEC-
TIONS AND TESTS PERFORMED UNDER THE REQUIREMENTS OF
THIS CODE; PROVIDING FOR PENALTIES ; AND PROVIDING
THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HERE-
WITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND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,
j� FLORIDA:
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Section 1 . That Sections 11-4 and 11-5 of Article I and I
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all of Article II entitled "Volunteer Department", of Chapter 11 f
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of the Code of Ordinances of the City of Dania, Florida, be and
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the same are hereby repealed.
! Section 2 . That Section 11-6 of Article 1 , be and the same
is hereby renumbered to Section 11-54; and Sections 11-41 , 11-42 ,
j 11-43 , 11-44 , 11-45 , 11-46 and 11-47 of Article IV of Chapter 11
of the Code of Ordinances of the City of Dania, Florida, be and
the same are hereby renumbered to Sections 11-47 , 11-48 , 11-49 ,
11-50, 11-51 , 11-52 , and 11-53 respectively.
Section 3. That Sections 11-34 , 11-35 , 11-36, 11-37 , 11-38 ,
11-39, 11-40 , 11-41, 11-42 , 11-43 , 11-44 , 11-45 , and 11-46 , of
Article III of Chapter 11 of the Code of Ordinances of the City of
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Dania, Florida, be and the same are hereby amended to read as
follows :
"Sec. 11-34 . Code adopted, modified.
This ordinance shall provide the City of Dania with
rules and regulations to improve public safety by promoting
the control of fire hazards ; regulating the installation, use
and maintenance of equipment , regulating the use of structures ,
premises and open areas ; providing for the abatement of fire
hazards ; establishing the responsibilities and procedures for
code enforcement; setting forth the standards for compliance;
and establishing a fee structure for the inspection or re-
inspection for new and existing occupancies .
Ordinance No. 55-83
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This code shall be known as the City of Dania Fire
Prevention Code. The South Florida Building Code , 1988,
Broward County Edition and any future editions thereof,
all N. F.P.A. codes adopted by the South Florida Building
Code including but not limited to N.F.P .A. 101 Life
Safety Code; and N.F.P.A. 1124 Fireworks , Manufacture,
Transporation and Storage Code, be and the same are hereby
adopted by reference and incorporated herein as fully as
if set out word for word herein. Not less than one copy
of the above adopted codes shall be filed in the office of
the City Clerk and the provisions thereof shall be con-
trolling within the corporate limits of the City of Dania.
(a) Wherever the word "municipality" or "authority
having jurisdiction" is used in this or adopted
codes , it shall be held to mean the City of Dania,
Florida.
(b) Bulk storage of flammable liquids in outside ,
above-ground tanks is prohibited within the
city limits , except in areas zoned for such pur-
poses .
(c) No person(s) shall kindle , maintain or assist in
maintaining a bonfire or other exposed fire in
the outdoors within the limits of the city , without
first obtaining a permit from the city and a permit
from Broward County EQCB and abiding by the rules
j set forth on the permit applications and paying a
fee of $50 per day of burning.
Sec. 11-35 . Violations , Penalties.
It shall be unlawful for any person to violate this
ordinance, to permit or maintain such a violation, to refuse
to obey any provision thereof, or to fail or refuse to com-
ply with any such provision or regulation except as variation
may be allowed by the action of the Fire Chief or Fire
Marshall in writing. Proof of such unlawful act or failure
shall be deemed prime facia evidence that such act is that
it of the owner, lessee or other person in control of the premises.
Prosecution or lack thereof of either the owner, lessee , occu-
pant or other person in charge shall not be deemed to relieve
any of the others . Any person violating any provisions hereof
shall be punishable as provided in Section 1-8 of the Code of
Ordinances of the City of Dania, Florida, and in addition,
shall be subject to the jurisdiction of the Code Enforcement
' Board of the City of Dania, Florida .
Section 11-36 . Inspection of Building, Right of Entry.
It shall be the duty of the Fire Chief to inspect or
cause to be inspected by his officers or employees , from
time to time, various buildings within the city to ascertain
the fire hazard and to insure compliance with this code.
To the full extent permitted by law, any fire official
engaged in fire prevention and inspection work is authorized
at all reasonable times to enter and examine any building,
structure, marine vessel , vehicle or premise for the purpose
of making a fire safety inspection. Before entering a private
building or dwelling , the fire official shall obtain the con-
sent of the occupant thereof or obtain a court warrant
authorizing entry for the purpose of inspection except in
those instances where an emergency exists . As used in this
section, "emergency" means circumstances which the fire
official knows , or has reason to believe , exist and which
reasonably may constitute immediate danger to life and property.
Persons authorized to enter and inspect buildings , structures,
marine vessels , vehicles and premises as set forth herein,
shall be identified by proper credentials issued by the Fire
Chief. It shall be unlawful for any person to interfere with
a fire official carrying out any duties or functions prescribed I
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by this code. It shall be unlawful for any unauthorized person
to use an official badge , uniform or other credential to im-
personate a fire official for the purpose of gaining access to
any building, structure, marine vessel , vehicle or premise
in this municipality.
lSec. 11-37. Bureau of Fire Prevention Established.
The fire Chief shall be responsible for the enforcement
of the City of Dania Fire Prevention Code. The Fire Chief
may detail qualified members of the Fire Department as inspectors
from time to time as shall be necessary. To assist in the per-
formance of the responsibilities and duties placed upon the
Fire Chief, a Bureau of Fire Prevention is hereby created.
This bureau shall operate under the supervision of the
Fire Chief. The Fire Chief shall designate a fire official
as Fire Marshall . The Fire Marshall shall be the administrator
of the Bureau of Fire Prevention. The Fire Marshall shall be
responsible for the direct administration and enforcement of
the City of Dania Fire Prevention Code as under the direction
and supervision of the Fire Chief. The Fire Chief may also
designate such number of Fire Inspectors or Technical Inspectors
y as shall from time to time be authorized by the City Commission.
1 Sec. 11-38. Duties of Bureau of Fire Prevention.
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i It shall be the duty of the officers of the Bureau of i
I Fire Prevention to enforce all laws and ordinances of the
City of Dania covering the following:
1 . The prevention of fires ;
° 2 . The storage, sale and use of combustible, flammable
or explosive materials ;
3 . The installation and maintenance of automatic and
other fire alarm systems and fire extinguishing
equipment ;
4. The maintenance and regulation of fire escapes and
means of egress from any occupancy;
5 . The investigation of the cause , origin and circum-
stances of fire ;
6. The maintenance of fire cause and loss records.
They shall have such other powers and perform such
`fE other duties as are set forth in other sections of
this ordinance, and as may be conferred and imposed
from time to time by law. The Fire Chief may delegate
any powers or duties under this ordinance to the
Fire Marshall.
Sec. 11-39. Property owners , tenants to keep property clear
of inflammables.
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It shall be the duty of all property owners within the
limits of the city to keep their property clean and in a safe
i condition. No owner of any property in the city shall permit
grass and weeds to grow upon the property to the height of
twelve (12) inches , or rubbish, branches of trees , or shrub-
bery , wood or other combustible or inflammable material to
remain upon the premises so as to constitute a fire hazard.
j Sec. 11-40. Abatement of hazards , dangerous conditions .
I Whenever the chief or any officer or member of the fire
department shall find any building or other structure which
for want of repairs or by reason of age or dilapidated condi-
tion, or for any other cause is especially liable to fire and
j which is so situated as to endanger other property or
collapse ; and whenever any such officer from time to time
1 shall find in any building or upon any premises or other places
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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
property; 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 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 or they shall order
the condition to be remedied. Such order shall forthwith be
complied with by the owner or occupant of the premises or
building, unless the order is revoked or modified. Any owner
or occupant failing to comply with such an order shall be
punished as provided in Section 1-8 .
Sec. 11-41. Outdoor cooking on balconies of multiple story
buildings .
It shall be unlawful for any person to use barbecue grills
or other similar cooking utensils on the balconies , terraces ,
porches or other open areas of a multiple story building.
Sec. 11-42 . Fire Investigation. i
The Bureau of Fire Prevention shall investigate the cause,
1 origin and circumstances of every fire occurring in the City of
Dania by which property has been destroyed or damaged and, so
far as possible , shall determine whether the fire is a result
of carelessness or design. Such investigation shall begin
immediately upon the occurrence of such fire. The Fire
Marshall shall take charge immediately of the physical evi-
dence, 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.
Sec. 11-43 . Keeping of Records .
The Fire Marshall shall compile and keep a record of all
j 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. All such
records shall be public.
Sec. 1.1-44 . Annual Report .
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.
Sec. 11-45 . Amendments to Fire Prevention Code.
The Fire Chief or the Fire Marshall shall also recommend
any amendments to the Dania Fire Prevention Code or ordinance
that shall be desirable.
Sec. 11-46 . Establishment of fees.
The following fees are hereby established for the permits ,
certificates , re-inspections and tests performed under the
provisions of this Chapter:
FIRE SAFETY INSPECTION FEE SCHEDULE
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1. Plans Examination
A. Minimum Fee $ 25. 00
B. Plans examination fee per sq. ft. 0 . 015
(includes all new construction,
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additions , alterations , remodel-
ing, renovations and similar type
work requiring a permit)
C . Plans to be re-examined 50% of original
fee
2 . New Construction Inspections
A. Fire standpipe (per test)
1. Minimum fee 50. 00
2 . Fee per floor 15 . 00
B. Fire Sprinkler System (per test)
1 . Minimum fee 50 . 00
2 . Fee per 1 , 000 sq. ft. of
gross floor area up to
50 ,000 sq. ft. 3 . 75
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3 . Fee per 1 ,000 sq . ft. of
gross floor area exceeding
50,000 sq. ft. 2. 75
C. Smoke control system testing
and inspection per sq. ft . 0 . 005
Duct detector test (per device) 5 . 00
D. Fire Alarm Tests
1 . Per detection or manual device 1 . 00
E. Each automatic fire extinguisher ((
system (excluding sprinkler II
system) such as carbon dioxide,
dry chemical , etc. per test
1 . Minimum fee 20. 00
2 . Each 10 lbs. of extinguishing
agent 5 . 00
3 . Halon - each 10 lbs . of ex-
tinguishing agent 3 . 50
F. All other inspections required for a C.O. and/
or an occupational license shall be charged at
the periodic inspection rate, to be paid at
the time of permit issuance.
3 . Periodic Fire Inspection Fees (for
existing occupancies , structures or
r_. systems)
A. Fire standpipe system ( excluding
buildings with sprinkler systems)
per test
1 . Minimum fee 50 .00
2 . Fee per floor in non-residential
occupancies 15 . 00
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B. Fire sprinkler systems (per test)
1. Minimum fee 50. 00
2 . Fee per 1 ,000 sq. ft . of gross
floor area in excess of 20, 000
sq . ft. 2. 75
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C. Fire Alarm Tests
1 . Per detection or manual device 1. 00
2 . Per duct detector 5 . 00
D. Occupancies
1 . Fee for initial inspection No fee
2 . Fee for reinspections due to
code violations found on
initial inspection (per rein-
spection)
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Ordinance No . 55-38
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a. Hotels , apartments ,
multiple dwelling units
j regardless of the form of
ownership and boarding
houses renting furnished
or unfurnished rooms or
apartments.
Three or more rooms , apart-
ments or units as determined
j by inspection.
(1) Minimum fee 25 . 00
j (2) Per room, apartment or unit 2 . 75
b. Restaurants , cafes and public
eating places where food is
served in connection with or
separate from other business
capacity of:
(1) 1 to 15 persons , both
inclusive 20 . 00
(2) 16 to 50 persons, both
inclusive 30. 00
(3) 51 to 199 persons , both
inclusive 40. 00
(4) over 199 persons 50. 00
c. Assembly, educational, mercan-
tile and business occupancies ,
health care, detention and
residential board and care I
facilities
' (1) Minimum fee 20 . 00
(2) Up to 2 , 500 sq . ft . 20 . 00
(3) 2 ,501 sq. ft. to 5 , 000
sq . ft. 30 . 00
(4) Each additional 1 , 000
sq. ft. or fraction
thereof 2 . 00
d. Storage and industrial
(1) Up to 2 , 500 sq. ft. 30. 00
(2) 2,501 sq . ft. to
.. 5 ,000 sq. ft . 40. 00
(3) Each additional 1 , 000
sq. ft. or part thereof 3 . 00
e. All other occupancies not
classified as above 30. 00
3. Each automatic fire extinguishing
system (exluding sprinkler systems)
such as carbon dioxide, dry
chemical, etc. per inspection
a. Minimum fee 20 . 00
b. Each 10 lbs. of extinguishing
agent 5 . 00
C. Halon - each 10 lbs . of ex-
tinguishing agent 3. 50
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Exemption: All occupancies , structures or systems that are charged
a periodic fire inspection fee under categories 3 A,B,C or 3 D 2a,b ,
will not be charged an additional fee under categories 3 Dc ,d, e.
Occupancy, structure and system classification shall be in accordance
with the National Fire Protection Association, Life Safety Code 101
1988 edition or subsequent editions , or any other fire prevention
code adopted pursuant to Florida Statutes . Single family and duplex
Ordinance No . 55-83
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occupancies are exempt from periodic inspections .
Section 4 . That except as herein amended or repealed, all
other provisions of said Chapter 11 shall remain in full force and
effect.
Section 5 . That all ordinances or parts or ordinances and
all resolutions or parts of resolutions in conflict herewith be
repealed to the extent of such conflict.
Section 6 . That this ordinance shall be in force and take
effect immediately upon its final passage and adoption. j
PASSED and ADOPTED on First Reading on the 13th day of
CPnt Pmher , 1988 .
PASSED and ADOPTED on Second and Final Reading on the 27th
day of September 1988/
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TiAYOR�0-O 166ifflNER
ATTEST: j
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CITY CLERK AUDITOR
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APPROVED AS TO FORM ANDCORRECTNESS
FRANK C. ADLER, City Attorney
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Ordinance No . 55-88
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THE SUN-TATTLER vo.fI"pS41W F 6 o
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Established as The Hollywood Sun - January 4. 1935 ierr• llffl..x
HOLLYWOOD, BROWARD COUNTY, FLORIDA0 Rwe"nbr.Fri :
'11�C Rip,gNr-I�IPs b.A•
STATE OF FLORIDA 4A4 A
COUNTY OF BROWARD Jack D. Pate ""��yl�:r € "�s
Before the undersigned authority personally appeared !N ,�-�1Ty ND '
Advertising Sales ManaeerF�t/1i:STa��
who on oath says (he/she) is nIM RN Ir o
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of THE SUN-TATTLER, a daily newspaper published at Hollywood in Broward ;1•y�'{1. . =
ANoST•aoFaR •.;'..
OP CHAPrla
County, Florida; that the attached copy of advertisement, being a o�sshsl lINlaJrrs+Ip'
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Notice of Hearin AME NDIM sec: 119+.
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in the matter of _ City of Dania TER 11, F NEC i
in the 100 W. Dania Beach Blvd. xCyfpfxx C Y.c"Fio"NIIA,6 S tl
was published in said newspaper in the issue of "o�orv7Ion
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Al N 1J.S1RY'
September 16 1988 s FIRE PRg,
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Affiant further says that the said SUN-TATTLER Is a newpaper published at Hollywood in rA•u N A A
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said Broward County,Florida,and that the said newspaper has heretofore bdasseconuouslYclass RSTAR IEANSP S �tl,
published in said Broward County, Florida,each week and has fora pntereer period of one year next TIESTS PENSION p•.
matter at the post office in Hollywood in said County, Florida.for p oeNR %P1',
PRovlol ro
preceding the first publication of the attached copy of advertisement: and a[fianl further Me"n F,T o s
says that he has neither paid nor promised any person, firm or corporation any discount, TH�f i� o'[b + s'
rebate,commission or refund for the purpose of securing this advertisement for publication AN
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this LQ day of .A.0 1 clrr IS +
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