AGENDA MEMORANDUM

MEETING DATE:   September 28, 2009   

FROM:                       Dennis M. Sargent, Fire Chief

SUBJECT:                  Ordinance Amending Chapter 7, Section 10-1 of the Code of Ordinances, pertaining to the Fire Safety Codes, in its entirety; adopting the 2007 Florida Fire Prevention Code, consisting of NFPA 1 and NFPA 101, 2006 Edition and repealing conflicting ordinances effective immediately.

Staff Recommendation:

Staff recommends approval of the referenced amendment to the Code of Ordinances amending Chapter 10, Section 10–1, in its entirety.

Analysis:

The proposed ordinance will adopt the 2006 version of the Florida Fire Prevention Code and the NFPA 1 and NFPA 101, 2006 Edition, effective immediately, as the fire codes for the City of Leesburg, Florida, by reference, and incorporate them into the Code. This amendment will update the current fire codes as required by State Statute. The Florida Fire Prevention Code was mandated by the Florida Legislature and the Code went into effect automatically.

Options:        

1.     Approve the recommended amendment to the Code of Ordinances Chapter 10, Section 10–1.

2.     Other such action as the Commission may deem appropriate.

Fiscal Impact:

There is no fiscal impact to the City.

Submission Date and Time:    10/9/09 11:35 AM____

Department: Fire  Development Prepared by:   Steve Painter, Lieutenant Attachments:         Yes__   No __X____ Advertised:   ____Not Required ______ Dates:   __________________________                      Attorney Review :       Yes_X_  No ____ _________________________________            Revised

Reviewed by: Dept. Head __DS_____ Finance  Dept. __________________                                    Deputy C.M. ___________________                                          Submitted by: City Manager ___________________

Account No. _________________ Project No. ___________________ WF No. ______________________ Budget  ______________________ Available _____________________

ORDINANCE NO.

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING §10 – 1 OF THE CODE OF ORDINANCES, PERTAINING TO THE FIRE SAFETY CODES, IN ITS ENTIRETY; ADOPTING THE 2007 EDITION OF THE FLORIDA FIRE PREVENTION CODE (FFPC) CONSISTING OF THE NFPA 1, UNIFORM FIRE CODE AND THE NFPA 101, LIFE SAFETY CODE, 2006 EDITION; REPEALING CONFLICTING ORDINANCES; PROVIDING SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:

SECTION I.

§10 – 1 of the Code of Ordinances of the City of Leesburg, Florida, is hereby amended in its entirety and shall, after the effective date of this Ordinance, read as set forth below:

Sec. 10 – 1.    Fire Safety Codes Adopted; Definitions.

The 2007 Edition of the Florida Fire Prevention code (FFPC) consisting of the NFPA 1, Uniform Fire Code and the NFPA 101, Life Safety Code, 2006 Edition, are adopted as the fire codes for the City of Leesburg, Florida, by reference, as published by the State of Florida Department of Insurance, and any amendments thereto as may be adopted from time to time, is hereby adopted and are incorporated into this Code as fully as if set out in full herein.

SECTION II.

If any portion of this ordinance is declared invalid or unenforceable, then to the extent it is possible to do so without destroying the overall intent and effect of this ordinance, the portion deemed invalid or unenforceable shall be severed here from and the remainder of this ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.

SECTION III.

All ordinances or parts of ordinances which are in conflict with this ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of the conflicting ordinances, in which case those ordinances so affected shall be hereby repealed in their entirety.

SECTION IV.

This ordinance shall become effective upon its passage and adoption according to law.

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the  day of , 2009.

THE CITY OF LEESBURG, FLORIDA

BY:

Mayor

Attest:

City Clerk