AGENDA MEMORANDUM

 

 

Meeting Date:           January 14, 2008

 

From:                          Dennis M. Sargent, Fire Chief

 

Subject:                      Ordinance amending Chapter 10, Fire Protection and Prevention, of the Code of Ordinances of the City of Leesburg,

 

 

Staff Recommendation: 

Staff recommends approval of the ordinance amending Chapter 10, Fire Protection and Prevention of the City of Leesburg Code of Ordinances.

 

Analysis:

Section 10-1 is unchanged.

 

Section 10-2: Fire Prevention Code Adopted was eliminated as it was outdated and is now covered by State Statute.

 

Section 10-3 is now 10-2. This section is unchanged.

 

Section 10-4 is now Section 10-3. The only change is to adopt the current edition of the Florida Fire Prevention Code, which is mandated by State Statute.

 

Section 10-5 is now 10-4 and the appeals process was changed to match the City’s building department appeals process (Section 7-3 of the City Code).

 

Section 10-6 is now 10-5. Unchanged

 

Section 10-7 is now 10-6. This section adds CR 33, CR 48, CR470, and the Florida Turnpike to the routes authorized for transporting explosives and blasting agents.

 

Section 10-8 is now 10-7. Unchanged

 

Section 10-9 is now 10-8. This section adds CR 33, CR 48, CR470, and the Florida Turnpike to the routes authorized for transporting chemicals and other dangerous articles.

 

Section 10-10 is now 10-9. Unchanged

 

 

Section 10-11 is now 10-10. Unchanged

 

Section 10-12 is now 10-11. Unchanged

 

Section 10-13 is now 10-12. This section replaces the 1992 NFPA Fire Code with the 2003 Florida Fire prevention Code, which is mandated by State Statute.

 

Section 10-13 establishes a mechanism to adopt fees for service.

 

This section simply states that fees for services delivered by the Fire department shall be established by resolution of the City Commission. This resolution will be placed before the Commission for their consideration separately from this ordinance.

 

Section 10-14 New section providing clarification of issues concerning fire or smoke alarms

 

Section 10-15 New section referencing the Leesburg Fire Department Fire Flow Requirements Sheet as the reference for needed fire flow.

 

Section 10-16 New section clarifying fire extinguisher requirements

 

Section 10-17 New section providing acceptable alternatives for emergency access to gated communities.

 

 

Options:

1.  Approve the ordinance amending Chapter 10,  Fire Protection and Prevention, or

2.  Such alternative action as the Commission may deem appropriate

 

Fiscal Impact

 

There is no fiscal impact from the changes being made to the Ordinance itself. The Resolution that will be enabled under Section 13 of the Ordinance, will allow for the establishment of fees for service that could have a positive impact upon the General Fund.

 

Submission Date and Time:    1/10/2008 9:47 AM____

 

Department: ______________________

Prepared by:  ______________________                     

Attachments:         Yes____   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                      

Attorney Review :       Yes___  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________


ORDINANCE NO. _________________

 

 

An Ordinance of the City Commission of the City of Leesburg, Florida, amending Chapter 10, Fire Protection and Prevention, of the Code OF Ordinances of the City of Leesburg, FLORIDA, updating code references, adding primary transportation routes and establishing fees for specified fire inspections, plans review, excessive false alarms, special details, and response to hazardous materials incidents, vehicular extrication, and fires caused intentionally, or illegally or by negligence, repealing conflicting ORDINANCES; providing a savings clause; and providing an effective date.

 

 

            Now therefore, be it enacted by the people of the city of leesburg, florida:

 

section I.

 

chapter 10, Fire Protection and Prevention, of the Code of Ordinance of the City of Leesburg, Florida, to read as set forth below:

 

Chapter 10 FIRE PROTECTION AND PREVENTION*


__________

*Cross references:  Advertising and signs, § 3-1 et seq.; buildings and building regulations, § 7-1 et seq.; code enforcement board, powers, § 2-72; comprehensive plan, § 2-241 et seq.; offenses, § 15-1 et seq.; pensions and retirement, § 17-1 et seq.; zoning, § 25-1 et seq. 

State law references:  Fire prevention and control, F.S. Ch. 633; sale of fireworks, F.S. Ch. 791; explosives, F.S. Ch. 552. 


__________


Section 10-1: Definitions

 

The following words, terms and phrases, when used in the fire prevention code adopted in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Chief of the bureau of fire prevention  shall mean the chief of the fire department. 

Corporation counsel  shall mean the attorney for the city. 

Municipality  shall mean the city. 

(Code 1953, § 12-13)

Cross references:  Definitions and rules of construction generally, § 1-2. 



 

 

Section 10-2: Modifications of Code; Special Inspector

 

(a)   Modifications of code.  The chief of the bureau of fire prevention, shall have power to modify any of the provisions of the code adopted in this chapter upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code adopted in this chapter, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the chief of the bureau of fire prevention thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. 

(b)   Special inspector.  In the event any building, project or other construction is deemed by the fire chief in his sole discretion to be so complex, extensive or otherwise unusual as to be beyond the capabilities of the fire chief and his staff to supervise and inspect, whether due to the manpower and time involved in such inspections or the special skills which would be required, then the fire chief at his option may require the property owner or developer to employ the services of a duly qualified, properly licensed person, firm or organization not part of, already employed by, or affiliated with, the owner, or developer, his contractor, engineer or architect, to act as independent special inspector and conduct the various inspections required to assure compliance with the applicable codes. The special inspector must be approved by the fire chief before work on the project commences, and if at any time the special inspector resigns, is terminated by the property owner or developer or otherwise is no longer employed in that capacity, then the fire chief may order work on the project to cease until such time as another special inspector has been obtained. The special inspector shall report to, and be directly responsible to, the fire chief, but all costs and expenses of employing the special inspector shall be paid directly by the property owner or developer. 

(Code 1953, § 12-20; Ord. No. 88-23, § 1, 7-11-88)

 


Section 10-3: Establishment and Duties of Bureau of Fire Prevention

 

(a)   The fire prevention code adopted in this chapter shall be enforced by the bureau of fire prevention in the fire department of the city, which is hereby established and which shall be operated under the supervision of the chief of the fire department.

(b)   A report of the bureau of fire prevention shall be made annually and transmitted to the chief executive officer of the municipality. It shall contain all proceedings under the fire prevention code, with such statistics as the chief of the fire department may wish to include therein. The chief of the fire department shall also recommend any amendments to the fire prevention code which, in his judgment, shall be desirable.

(Code 1953, § 12-12)

 


Section 10-4: Appeal Procedure for Fire Regulations

 

(a)   Anything contained in any of the codes adopted in this chapter notwithstanding, any appeal of a decision by the official charged with the responsibility of administration and enforcement under any of these Codes (Florida Fire Prevention Code and any NFPA Publications, U.S. Government Publications, or other publications adopted by the Florida Fire Prevention Code) shall be directed to the board of adjustments and appeals, which is comprised of the planning and zoning commission of the City of Leesburg, Florida, as described in section 25-91 of this Code. The planning and zoning commission shall serve this function and any requirements in any of the codes adopted in this chapter regarding the composition of the board of adjustments and appeals shall not apply and are hereby specifically rendered inapplicable to appeals under those codes within the City of Leesburg. Any appeal shall be filed within thirty (30) days of the date on which the official renders the decision to be appealed and shall be initiated by submitting a written request to the city manager, or his designated representatives specifying:

(1)   The official who made the decision.

(2)   The nature of the decision to be appealed.

(3)   The date on which the decision was rendered.

(4)   The grounds on which it is to be appealed (see “Grounds for appeal for building regulations” below for grounds).

(b)   The city manager or his designated representative shall then schedule a hearing before the board of adjustments and appeals, at which hearing the appellant shall present arguments in favor of his position and the official involved shall have the opportunity to present his position on the issue. The board of adjustments and appeals shall then render its decision on the appeal. If the appellant is dissatisfied with the decision of the board of adjustments and appeals, and wishes to pursue further appeals, the appellant must file a notice of appeal with the Circuit Court of Lake County, Florida, within thirty (30) days of the date of the meeting at which the board of adjustments and appeals heard and decided the case.



 

Grounds for appeal for building regulations

 

The board of adjustments and appeals shall have the power, as further defined below, to hear appeals of decisions and interpretations of the building official and to consider variances to the technical and other codes. The owner of a building, structure or service system, or his duly authorized agent, may appeal to the board whenever any one of the following conditions (grounds for appeal) are claimed to exist:

(1)   The building official is in error by rejecting or refusing to approve the mode or manner of construction proposed to be followed and/or the materials to be used in the installation or alteration of a certain building, structure or service system.

(2)   The Code provisions claimed by the building official to be violated do not apply to this specific case.

(3)   That an equally good or more desirable form of installation can be employed to satisfy the Code in this case.

(4)   The true intent and meaning of this Code and certain of the regulations there

under have been misconstrued or incorrectly interpreted.

 




Section 10-5: Portable Oil Heater or Kerosene Stove; Maintenance and Keeping Prohibited

 

(a)   Definition.  For the purpose of this section a portable oil heater or kerosene stove is any stove or appliance which uses kerosene or fuel oil or any combustible mixture or inflammable mixture and is designed for the heating of space in buildings or structures and does not require and have a connection to a flue; including oil stoves and oil heaters equipped with a woven wick but excluding portable apparatus not designed primarily to heat spaces in buildings or structures. 

(b)   Prohibitions.  It shall be unlawful for any person: 

(1)   To maintain a portable oil heater in any building or structure or portion thereof, in such a manner as to be arranged, designed or intended for use;

(2)   To keep or store a portable oil heater in any space used, arranged, designed or intended for living or sleeping purposes in any building or structure; or being an owner or agent of any building or structure, or otherwise having charge of or control over any space therein, whether or not such space is used, arranged, designed or intended for living or sleeping purposes to use or knowingly permit the use of a portable oil heater;

(3)   To use or knowingly permit the use of a portable oil heater in any building or structure or portion thereof;

(4)   Being an owner or agent of any building or structure, or otherwise having charge of or control over any space therein, whether or not such space is used, arranged, designed or intended for living or sleeping purposes to provide or place or cause to be provided or placed in such space, a portable oil heater for use by the occupant of such space.

(Code 1953, § 18-15.2)

 

 

 


Section 10-6: Explosives and Blasting Agents--Routes for Vehicles Transporting

 

The routes for vehicles transporting explosives and blasting agents are hereby established as follows:

(1)   U.S. Highway 27 (SR 25); U.S. Highway 441 (SR 500); SR 44, CR 33, CR 48, CR 470, Florida Turnpike (Ronald Reagan Turnpike). No such vehicle shall travel any other route except when making local deliveries of the explosives or blasting agents.

(Code 1953, § 12-17; Ord. No. 83-29, § 4, 10-10-83; Ord No. 94-23, § 2, 11-14-94)

Cross references:  Traffic and vehicles, § 21-1 et seq. 



 

 


Section 10-7: Same--Zoning Districts in Which

 Storage is Prohibited

 

(a)   The limits in which storage of explosives and blasting agents is prohibited, are hereby established as areas zoned R-1, R-1A, R-2, R-3, C-1, C-1A, C-2 and C-3 as defined in Chapter 29 of the code adopted in this chapter.

(b)   In zoning districts where storage of explosives or blasting agents is allowed, within twenty-four (24) hours of commencing to store such items, the owner of the storage site shall register it with the fire department, stating the property location, the type and amount of such items to be stored, and the estimated duration of such storage. When storage ceases, the fire department likewise shall be notified thereof, and if storage later recommences at the same site, it shall be re-registered at that time.

(c)   Fire department personnel shall have the authority, subject to constitutional limitations, to enter and inspect any premises where explosives or blasting agents are stored, to inspect the storage site and the items stored. If the manner of storage or the nature or condition of the stored items is found by the inspection to present an unsafe condition, the fire chief may order such corrective action as he deems necessary to remedy the unsafe condition, including removal of all or part of the stored items if necessary to alleviate the dangerous condition. Failure to comply with such a directive within the time specified therein shall be grounds for revocation by the fire chief of the registration of the site for storage of explosives or blasting agents.

(Ord. No. 84-45, § 1, 9-24-84)

Cross references:  Zoning district regulations, § 25-36 et seq. 

 


Section 10-8: Establishment of Motor Vehicle Routes for Vehicles Transporting Hazardous

Chemicals or Other Dangerous Articles

 

The routes for vehicles transporting hazardous chemicals and other articles are hereby established as follows:

(1)   U.S. Highway 27 (SR 25); U.S. Highway 441 (SR 500); SR 44; CR 33; CR 48; CR 470, Florida Turnpike (Ronald Reagan Turnpike).  No such vehicle shall travel any other route except when making local deliveries of the hazardous materials.

(2)   The transportation of hazardous chemicals and other dangerous articles by motor vehicles shall comply with Department of Transportation Regulations.

(3)   Owners of vehicles involved in interstate shipments shall obtain a permit to transport hazardous chemicals, and other dangerous articles on designated routes within the municipality. Such application shall certify that said vehicles meet all equipment requirements of Department of Transportation Regulations. Owners of vehicles involved only in interstate shipments and complying with Department of Transportation Regulations shall register with the chief of bureau of fire prevention for the purpose of assuring due notification and use of officially designated routes, approved stopping and parking places and inspection stops.

(Code 1953, § 12-18; Ord. No. 83-29, § 5, 10-10-83; Ord. No. 94-23, § 3, 11-14-93)

Cross references:  Traffic and vehicles, § 21-1 et seq. 




Section 10-9: Establishment of Fire Lanes on Private Property, Devoted to Public Use

 

The fire lanes referred to in section 1141 of the code adopted in this chapter are hereby established as follows:

Fire lanes shall be established on private property devoted to public use by the owner thereof in such a manner as to prevent the parking of motor vehicles or other obstructions from interfering with the ingress and egress of fire department vehicles, for the protection of persons and property. These properties shall include, but not be limited to, shopping centers, bowling, lanes, theaters, hospitals, churches, and similar locations. These lanes shall be a minimum of twenty-(20) feet in width and shall extend from the public street to the farthest part of the building.

(Code 1953, § 12-19; Ord. No. 94-23, § 4, 11-14-94)


Section 10-10: New Materials, Processes or Occupancies Which May Require Permits

 

The mayor-commissioner of the city commission, the chief of the fire department and the fire marshal shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in the code adopted in this chapter. The chief of the bureau of fire prevention shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons.

(Code 1953, § 12-22)


Section 10-11: Fire Limits

 

In order to prevent a calamity or disaster by fire of properties in the city, the fire limits of the city shall consist of all of C-1, C-2, C-3, and P districts, plus M districts located within five hundred (500) feet of residentially zoned property.

(Ord. No. 95-23, § 5, 11-14-94)

 

 

Section 10-12: Amendment to Chapter 13 Section 3 of the

Florida Fire Prevention Code (NFPA 1) (2003).

 

The Florida Fire Prevention Code (NFPA 1), Chapter 13 Section 3, "Fire Protection Systems" is hereby amended and adopted as follows:

13-3 Automatic sprinklers shall be installed and maintained in full operating condition, and comply with the standards listed in NFPA 13 and NFPA 25. All new assembly, mercantile, industrial, educational, storage, business, occupancies including commercial structures, apartments, and timesharing arrangements, that are 5,000 square feet or more in gross area, or two stories or more in height, shall be protected throughout by an approved automatic sprinkler system in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems; NFPA 13R, Standard for the Installation of Sprinklers Systems in Residential Occupancies up to and including Four Stories in Height; or NFPA 13D, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes, as appropriate.

All sprinkler systems shall be monitored for water-flow and integrity by an Underwriter’s Laboratories Inc., listed twenty-four hour central station alarm system to summon the Fire Department in the event of activation. The fire alarm system shall be installed as per all applicable codes of NFPA 72, National Fire Alarm Code and NFPA 70, National Electric Code.

 

Section 10-13: Fire Department Fees

 

Fees for services delivered by the Leesburg Fire Department shall be established, maintained and modified by Resolution of the City Commission of the City of Leesburg, Florida.

 

 

Section 10-15: Water Supply

 

Water supply requirements shall be as stated on the “Leesburg Fire Department Fire Flow Requirements Data Sheet”.

 

 

Section 10-16: Fire Extinguishers

 

All required fire extinguishers shall have a minimum of 3A40BC rating except for extinguishers located in cooking areas which shall have a Class K rating.

 

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 _____________, 2008.

 

 

                                                                        THE CITY OF LEESBURG, FLORIDA

 

 

                                                                        ________________________________

                                                                        Mayor

 

Attest:  _____________________________

          City Clerk