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O98-45
ORDINANCE NO. 098-4z'-'g' AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON 'BEACH, FLORIDA, DELETING CHAPTER 9, FIRE PROTECTION AND PREVENTION IN ITS ENTIRETY, AND CREATING A NEW CHAPTER 9, FIRE PROTECTION AND PREVENTION, TO BRING THIS CHAPTER INTO COMPLIANCE WITH NFPA 1, FIRE PREVENTION CODE, 1997 EDITION AND NFPA 101, LIFE SAFETY CODE, 1997 EDITION; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Chapter 9 of the Code of Ordinances of the City of Boynton Beach, has not been updated in its entirety in many.years; and WHEREAS, in order to bring the Chapter into compliance with NFPA 1, Fire Prevention Code, 1997 edition and NFPA 101, Life Safety Code, 1997, edition, staff recommends that the entire Chapter be deleted and rewritten; WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the citizens and residents of the City to amend said Ordinance; NOW, THEREFORE, BE IT ORDA?NED BY THE CI'TY COMMI'SSZON OF THE CI'TY OF BOYNTON BEACH, FLORI'DA, THAT: Section 1. That Chapter 9 of the Code of Ordinances of the City of Boynton Beach should be deleted in its entirety. Section 2. That a new Chapter 9 of the Code of Ordinances shall be created entitled, "Fire Protection and Prevention", as follows: ARTICLE I. IN GENERAL Section 9-1 Penalty for Violations Any person violating any provision of this chapter or the fire prevention code adopted in this article shall be punishable in accordance with the provisions of Sec. 1-6 and Sec. 9-1. It shall be unlawful for any person to violate the National Fire Codes, or to refuse to obey any provision or regulation thereof, under the penalties provided in Sec. 1-6 and Sec. 9-1. The application of a penalty for violation of this chapter shall not be held to prevent the enforced removal of prohibited conditions. Section 9.2 Enforcement Authority All regulations issued by the State Fire Marshal under authority of Chapter 633, Florida Statutes, shall be enforceable by the proper authorities of the City, and the Fire IVlarshal, or designee, appointed by the Fire Chief. The Fire IVlarshal is hereby authorized to perform within the City any duties that may be imposed upon by such law, or in accordance therewith, and to have such assistance, as needed, from other officials of the City in the discharge of such duties. The Fire Chief and the Fire IVlarshal are authorized to enforce this law and all rules prescribed by the State Fire IVlarshal within their respective jurisdictions. Such personnel acting under the authority of this section shall be deemed to be agents of their respective jurisdictions, not agents of the State Fire Marshal, and subject to Florida Statutes 633, 790, and 943. Section 9-3 Fire Codes Adopted; Standards There is hereby adopted by the City for the purpose of prescribing regulations governing conditions hazardous to life, property and the environment the national fire codes including all revisions and updates thereof made from time to time. NFPA 1, Fire Prevention Code, 1997 Edition is hereby adopted by reference as if set out in its entirety herein. NFPA 1, Fire Prevention Code, 1997 Edition as amended in the following chapters and sections and NFPA 101, Life Safety Code, 1997 Edition, shall constitute and be known as and may be cited as the Boynton Beach Fire Code hereinafter referred to as "this Code." The provisions of this Code shall be in full force and effect within the City limits of Boynton Beach and within any municipality which has entered into an interlocal agreement or contract for services from Boynton Beach Fire Rescue unless otherwise provided for. Where provisions of this Code do not address specific situations involving protection of life, property and the environment from the hazards of fire, smoke and explosion, compliance with nationally Section 9-4 A. accepted standards of good practice shall be evidence of compliance with the intent of this code. Standards referenced in this Code shall be considered an integral part of this Code without separate adoption. Where code provisions conflict with a standard, the most stringent code provisions shall be enforced. If any section, subsection, clause, or phrase of this Code is for any reason held to be unconstitutional such decision shall not affect the validity of the remaining portions of this Code. The Fire Marshal, with the approval of the Fire Chief, may draft administrative orders for the purpose of clarifying and carrying out the intent of this Code. All administrative orders shall be on file in the office of the Fire Marshal. Such orders shall be enforced as if a part of this Code and be in full effect upon.approval of the Fire Chief. The inspection or permitting of any building or plan under the requirements of this Code shall not be construed as a warranty of the physical condition of such building or the adequacy of such plan. The City of Boynton Beach or its employees shall not be liable in tort for damages for any defect or hazardous or illegal condition or inadequacy in such building or plan, or for any failure of any component of such building, which may occur subsequent to such inspection or permitting, pursuant to this Code. Examination of Building Permits No building permit shall be issued by the building department for new construction, demolition, moving of existing buildings or renovation of existing structures normally requiring a building permit until a complete set of plans and/or specifications have been examined and approved by the Fire and Life Safety Division. The Fire and Life Safety Division shall note all violations of local or state fire prevention and protection codes on the plans and specifications and may reject the plans and/or specifications until suCh time as appropriate corrections have been made, thereby eliminating such violations. Nothing in this section shall apply to single-family or duplex residential units. Section 9-5 Report of Fire Each owner, manager, person in charge of any building of any kind, or occupant of any building of any kind shall, immediately upon discovery of a fire in or adjacent to such building, or upon discovery of evidence that there has been a fire, even though it has apparently been extinguished, report such an occurrence to the fire rescue department immediately, giving complete information as to the location and type of fire in order that an appropriate response by the fire rescue department may be initiated. This requirement shall not be construed to forbid the owner, occupant or person in charge of the aforementioned building from using all diligence necessary to extinguish the fire prior to the arrival of the fire rescue department. Section 9-6 Codes- Deletions and Amendments Automatic Fire Protection Systems ' The City hereby adopts the following deletions and amendments to the Fire Prevention Code of the National Fire Protection Association N.F.P.A. Pamphlet No. 1, adopted in Chapter 9. 1. Section 6-1.2: All systems, equipment, tanks, piping, devices, appliances, controls, or storage facilities over which the code contains regulatory provisions, or which are required by any other law, shall be maintained in operative condition at all times to provide the service for which installed. All fire sprinkler, standpipe and fire pump systems shall be maintained under a written service contract with service companies licensed by the State of Florida to provide such services and which possess a current occupational license for the City of Boynton Beach, providing for regular maintenance and testing of the systems in accordance with all applicable specified under this Fire Prevention Code and N.F.P.A. 13, N.F.P.A. 13R, N.F.P.A. 14, and N.F.P.A. 25. The service company performing the maintenance and tests shall forward a written report to the Fire and Life Safety Division indicating the nature of any repairs, modifications and/or corrections completed by the service company, the date and time of such tests and inspections, and any other information which may be required by the 4 Fire Rescue Department. In addition, a copy of the service report must be maintained on the premises, and it shall be subject to inspection at any time. 2. Section 6-2.2: All hereafter constructed buildings and structures more than three (3) stories or thirty-six feet (36') in height or all buildings more than two (2) stories in height and more than 30,000 square feet per floor level, shall be equipped with approved Class ! standpipes to provide reasonable safety to persons and property. B. For purposes of this section, height is measured from finish ground floor grade to the underside of the topmost roof assembly. Evidence that such standpipes have been installed in accordance with the applicable standards specified for this section under of the Fire Prevention Code shall be evidence that such installations provide reasonable safety to persons and property. 3. Section 7-1.1: Approved automatic fire sprinkler systems as hereinafter defined shall be installed throughout hereinafter constructed buildings and structures or appropriate sections thereof: The following buildings of an institutional or educational character, hospitals, nursing homes, homes for the aged, convalescent centers, rehabilitation facilities, day care centers for more than twelve (12) clients under one (1) year of age, adult congregate living facilities, and all occupancies and uses of similar nature to those herein stated, without regard to the type of construction or height of the building involved. All wood or partial wood frame buildings or structures.which are 2 stories or more than twenty feet (207 in height as measured from finish ground floor grade to the underside of the topmost roof assembly. All buildings or structures regardless of the type of construction which are three (3) stories or more in height or all buildings or structures in excess of thirty feet (307 in height as measured from the finish floor grade to the underside of the topmost roof assembly. 4. All buildings or structures regardless of the type of construction that are in excess of 12,000 square feet per floor. All portions or sections of buildings or structures which are below grade or which constitute the basement area of a building or structure regardless of square footage of floor area or type of construction. 6. Single family homes and duplexes shall be exempt form this requirement. B. The automatic systems herein referred to and the installation thereof which is required by this ordinance shall be contained in and provided for with the applicable standard specified for this section under of the Fire Prevention Code. Sections 9-7 - 9-12 Reserved ARTICLE TT. FTRE CODES AND FEES Section 9-13 Open burning. (a) Defined. Open burning is defined as any outdoor fire or open combustion of material except barbecuing. (b) Prohibited generally. It shall be unlawful to have any open burning within the city limits on public or private property, except for fire training purposes or recreational or ceremonial occasions for which written permits from the fire rescue department are required. (c) On beach. No permits will be issued for any open burning on the public beach. (d) Violations. Any person who violates this section, and the owner of the land who allows these violations, shall be guilty of a violation of this Code and subject to a fine not to exceed one hundred dollars ($100.00). Section 9-14 Supplementary lighting system in places of assembly. The following buildings in which provision is made for the gathering of persons for the purpose of assembly shall be classified as assembly occupancy for the purpose of this section: 1. Auditoriums 2. Churches 3. Dance halls 4. Drinking establishments 5. Gymnasiums 6. Libraries 7. Motion picture theatres 8. Museums 9. Pool rooms 10. Public assembly buildings 11. Recreation halls 12. Restaurants 13. Stadiums 14.Tents (assembly) 15.Theaters 16.Any others listed in NFPA 101, Life Safety Code 1997 There shall be installed in every assembly occupancy a supplementary lighting system in addition to the regular system by local electric power. Such supplementary or emergency lighting system shall be automatically actuated in case of power failure. Every emergency lighting system shall be maintained in good working order and shall be tested at least once every thirty (30) days. Every building of the assembly occupancy not now equipped as provided above shall comply with the above requirement. Section 9-:L5 Key Boxes/Entry Systems In all new and existing buildings, except individual residential dwelling units of any kind, there shall be installed a key box for such areas or buildings when the Fire Marshal determines that access to or within a structure or an area is unduly difficult because of secured doors and windows, security gates, or where immediate access is necessary for all life-saving or firefighting purposes. The key box shall be a type approved by the Fire Marshal, and shall contain: Keys to locked points of egress, whether in common areas or on the interior or exterior of such buildings; B. Keys to locked mechanical equipment rooms; C. Keys to locked electrical rooms; D. Keys to elevator controls; and Keys to other areas where fire rescue personnel may need emergency access as directed by the Fire Marshal. The Fire IVlarshal shall approve the location of the lock box. Section 9-:L6 Bulk storage of inflammable liquids in outside aboveground tanks. The limits in which bulk storage of inflammable liquids in outside aboveground tanks is prohibited, are hereby established as follows: Bounded on the east by the Florida Inland Navigation District Canal; on the north by the Boynton Canal; on the west by Seaboard Air Line Railroad; and on the south by Woolbright Road (SW 15 Avenue). Such bulk storage is also prohibited within two hundred fifty (250) feet of U.S. Highway No. 1, and within fire hundred (500) feet of any church, school, theater, or other public gathering place, or similar type bulk storage tank inStallation located on any noncontiguous parcel.- Any building permit issued for the construction of bulk storage tanks contemplated hereinabove, shall be subject to the imposition of any reasonable safety requirements deemed necessary by the city commission dictated by the physical location of the proposed site of such tanks. Section 9-:L7 Penetration of firewalls and fire breaks. Any material penetrating a fire break or fire wall shall have the equivalent fire rating of that break or wall which is penetrated. Section 9-:L8 Fireworks This section may be cited as "The Boynton Beach Fireworks Ordinance." The term "fireworks" shall mean and include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, as defined by F.S. ch. 791. The Fire Marshal may adopt reasonable rules and regulations for the granting of permits for supervised displays of fireworks by the city, fair associations, civic groups, and other organizations or groups of individuals. Such permits, may be granted upon application to the Fire Chief after the filing of a bond by the applicant as provided herein. Every such display shall be handled by a competent operator and shall I~e of such composition and character and shall be so located, discharged or fired in a manner not to be hazardous to property or endanger any persom After the issuance of such a permit, sales, possession, use and distribution of fireworks within the city for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable. A bond shall be required from the applicant in a sum no less than $1,000.00 conditioned on compliance with the provisions of this section and the regulations of the Fire Marshal adopted hereunder. Before the issuance of a permit for 'a display of fireworks, the applicant shall furnish proof of financial responsibility to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of the applicant or any agent or employee thereof, in such amount, character and form as the Fire Marshal determines to be necessary for the protection of the public. No permit shall be issued under the provisions of this section to an applicant not having an established place of business within the state for conduct of a display of fireworks until the applicant has fulfilled the legal requirements for service of process upon the person or entity seeking a permit. ]:n the case of a corporation, proof of registration with the secretary of state, as a nonresident corporation shall be required. The Fire Chief, Fire Marshal, or the Police Chief shall seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks stored or held in violation of this section, and shall dispose of the fireworks in the manner deemed safe by the Fire Marshal when the fireworks are no longer required as evidence of a violation of this section. Any person or entity violating the provisions of this 'section shall be punishable as provided in Sec. 9-! and Sec. 1-6. Section 9-19 Fire Inspection Fees. A fee in the amount of five and eight/tenths cents ($.05 8/10) per square foot shall be levied on all new construction, alterations, or additions in the city. This fee shall encompass plan review and necessary fire inspections required prior to the issuance of a Certificate of Occupancy. The City Manager is authorized to waive the fee for all city buildings and events. The following permit fees for fire protection systems are required: 1. Standpipe and sprinkler systems: $ 15.00 2. Fire pumps and controller: 35.00 3. Fire detection and Annunciation Systems: $ 25.00 4. Fixed fire suppression systems (halon, $ 25.00 wet/dry chemical systems, etc.): 5. Hazardous, flammable or explosive materials: $ 25.00 Plan review of special occupancies in addition to normal plan review fees: Per hour fee Minimum fee IVlaximum fee 35.00 35.00 245.00 Annual Inspection fees: There is hereby established a fee structure for annual fire and safety inspection activity conducted by the fire rescue department for commercial enterprises and multi-family dwellings. The owner of each commercial enterprise, business, or multi-family dwelling operating from a location within the City of Boynton Beach shall be charged an annual fire and safety inspection fee as set forth below: Non-residential, (includes all retail, mercantile, business office, industrial, storage occupancies, assembly), healthcare, institutional, residential board and care, and residential structures that are required to have occupational licenses but not including restaurants, cafes, and public eating places. (a) ~ First one thousand (1,000) sq. feet $ 75.00 (b) Each additional one thousand (1,000) sq. feet $ 6.50 10 (c) Tents, canopies and temporary structures $ 45.00 (d) Churches $ 45.00 Multi-family building (includes hotels, apartments, cooperatives, condominiums, and boarding houses renting furnished or unfurnished rooms or apartments). (a) Three (3) to twenty-four (24) units $ 45.00 (b) Twenty-five (25) to thirty-eight (38) units $ 65.00 (c) Thirty-nine (39) units and over $ 85.00 Restaurants, cafes and public eating places: (a) Seating capacity up to fifteen (15) $ 25.00 (b) Seating capacity up to fifty (50) $ 45.00 (c) Seating capacity over fifty (50) $ 75.00 Educational (a) Nursery day care $ 35.00 (b) All others $ 75.00 All others not classified above $ 45.00 Businesses or professional individuals sharing one (1) office suite or bay shall be charged only one (1) fire inspection fee. The fees established in sub-section C,D, and E shall accrue annually. D. The following inspection fees are required: 1. Minimum permit fee 2. Change of plans $ 25.00 50% of original fee - 11 Reinspection fee, due to violaton, incompletion, lack of accessibility, or deviation from approved plan. Following the initial inspection, one (1) reinspection for compliance will be included in the original fee. If additional reinspections are necessary due to the above criteria, reinspection fees will be required. (a) Second reinspection due to violation $ 25.00 (b) Second reinspection due to incompletion, lack of accessibility, or deviation from approved plan $ 50.00 (c) Third and subsequent reinspection(s) $100.00 Annual inspection of fire suppression, detection, and annunciation systems. Water/hydrant flow test $ 45.00 per occupancy $ 250.00 Structures or systems requiring more than one (1) inspection per year, excluding reinspections, shall be charged fifty (50) percent of the original fee but not less than $25.00. Section 9-20 COntrol Panels, and Appliances Extension Cords, TEMPORARY USE Extension cords shall not be used as a substitute for permanent wiring. CONDITIONS OF USE Extension cords are permitted only with portable appliances or fixtures, While in immediate use: Each extension cord shall be plugged directly into an approved receptacle and shall, except for approved multiplying extension cords, serve only one appliance or fixture. The current capacity of the cord shall not be less than the rated capacity of the appliance or fixture. The extension cord shall be maintained in good condition without splices, deterioration or damage. 12 .. The extension cord shall be of the grounded type when servicing grounded appliances or fixtures. LIMITATIONS Extension cords and flexible cords shall not be affixed to structures, extend through walls, ceilings, floors, under doors or floor coverings, nor be subject to environmental damaging physical impact. MULTI-PLUG ADAPTERS The use of multi-plug adapters such as multi-plug extension cords, cube adapters, strip plugs or any other device that does not comply with this Code or the Electrical Code is prohibited. ACCESS TO CONTOL PANELS A minimum 30 inch clearance shall be provided in front of electrical control panels for access. NON-APPROVED APPLTANCES Electrical appliances or fixtures shall not be sold, offered for sale or rent, disposed of by gift or premium, nor made available for use or used unless they are of an approved type. EXCEPTION: Low voltage wiring, such as communications and signal wiring. Section 9-21 Fire Lanes on Private Property; Blocked Roadways. A. For the purposes of this section: "Fire lane" shall mean a space sufficient in width and length to Permit the parking of fire trucks, rescue vehicles, and other fire rescue department apparatus and located nearest to, or at the best location to permit firefighting and rescue operations nearest to, a building or structure. Fire lanes shall be established on private property where the public has the right to travel by motor vehicle, or where the public is permitted by invitation or by license to travel by motor vehicle, to the extent that any such lane is necessary for access to buildings by fire trucks or other firefighting apparatus as determined by the Fire Marshal. Any person owning or in possession and control of any such property, including but not necessarily limited to, any parking lot, shopping plaza, shopping center or other commercial, industrial or multifamily residential area, shall establish such fire lanes through striping, marking and posting of signs. After notification by the Fire Marshal of the necessity to establish one (1) or more fire lanes upon a particular property, the owner or person in possession and control of the property shall submit two (2) sets of site plans of the property to the Fire Marshal for review and approval of the design and location of the fire lanes. The site plans shall be drawn to scale and shall show all related buildings, driveways, streets and other information to evaluate the sufficiency of the fire lanes. Approval by the Fire Marshal of the fire lanes shall constitute authorization for the installation of official signs prohibiting the stopping, standing or parking of motor vehicles within the fire lanes, and posting the lanes as tow away zones. Such signs and necessary pavement marking and striping shall be furnished by and at the cost of the owner or person in possession and control of the property, who shall thereafter be responsible for the maintenance of the signs, marking and striping in a state of good repair. All fire lanes signs installed pursuant to this section shall have red lettering, not less than 2 inches or more than 3 inches in height, on a white background. Each sign shall be 12 inches wide by 18 inches in height, and shall not be inconsistent with the Manual on Uniform Traffic Control Devices of the state department of transportation. The Fire Marshal shall prescribe a uniform sign design for such signs. Tt shall be unlawful for any person to have or cause to have any driveway, roadway or entrance barricaded or blocked by obstacles which would interfere with the response of fire department or other emergency vehicles. If an existing building requires the changing of access to the properties, the owners shall provide revised site plans to the building division and to the fire department for their approval. Any person failing to comply with the above provisions or violating the provisions shall be punished pursuant to the provisions of Sec. 9-1 and Sec. 1-6. 14 Section 9-22 Use of Charcoal Stoves; Other Devices Lacking Proper Ventilation. It shall be unlawful for any person to use or cause to be used. any charcoal grill or stoves; gasoline stove or heater; liquefied petroleum gas grill or stove; or any similar heating or cooking appliance on any balcony, within any screened enclosure; in any corridor or hallway or within the confines of any building or structure when such spaces are not provided with safeguards to insure adequate ventilation. All such cooking appliances and devices shall be used and operated a sufficient distance from any combustible materials or structures as may be required to prevent the ignition thereof and the spread of fire outside the area of intended confinement. No such device or appliance shall be used or operated directly under an overhang of any structure regardless of the distance removed from combustible materials. Section 9-23 Fire Hydrants and Fire Department Connections No person shall place or keep any fence, growth, trash or other material within five (5) feet from all directions of any hydrant. A minimum working height of seven feet six inches (7'6") shall be maintained above the area of all hydrants. Immediate access by the fire rescue department to all hydrants shall be maintained at all times. Reflective blue markers shall be placed to indicate the location of a hydrant. The area adjacent to a fire rescue department connection shall be kept clear of obstructions and available for immediate access at all times, Section 9-24 - 9-28. Reserved, ARTICLE III. DIVISION FIRE AND LIFE SAFETY Section 9-29, Establishment of Division; Designation of Chief; Designation of Fire Marshal; Appointment and Tenure of Inspectors. A Division of Fire and Life Safety within the Fire Rescue Department of the City of Boynton Beach FL is hereby established which shall be operated under the supervision of the Chief of the Fire Rescue Department, herein known as the Chief. The Chief shall designate an officer or other member of the Fire Rescue Department as Fire Marshal, who shall hold this office at the pleasure of the Chief. The Chief may detail such other members of the Fire Rescue Department 15 as Inspectors as necessary. The Chief shall recommend to the City the employment of one or more Fire Prevention Inspectors, who, when such authorization is made, shall be selected, via an examination, for the position. The examination shall be open to members and nonmembers of the Fire Rescue Department, and appointments made after examination shall be for an indefinite term subject to the appropriate personnel policies of the City of Boynton Beach. Section 9-30. Duties of Officers. It shall be the duty of the officers of the Fire and Life Safety Division, identified in Section 9-29, to enforce all laws and ordinances concerning the following: A. The prevention of fires. B. The storage and use of explosive, flammable, and hazardous materials. The installation and maintenance of automatic and other private fire alarm systems and fire extinguishing and protection equipment. The adequacy, maintenance, and regulation of all means of egress from all occupancies within the jurisdiction of the Fire Rescue Department. E. The investigation of the cause, origin, and circumstances of fires. The Fire Marshal, and such inspectors that he or she may designate, are hereby designated as Code Enforcement Officers for the purpose of issuing citations under the City of Boynton Beach Codes. Officers shall have the power to perform other such duties as are set forth in this Chapter, and as may be conferred and imposed by other Codes, Statutes, and other regulatory criteria. Section 9-31. Authority to enter property for inspection. The chief of the fire rescue department, the fire marshal or any inspector may, at all reasonable hours, enter any building or premises within his or her jurisdiction for the purpose of making any inspection or investigation which, under the provisions of this chapter, he or she may deem necessary to be made. If consent is not granted to conduct an inspection of a building, structure or premise the Fire Marshal shall obtain an inspection warrant as provided for in the Florida Statutes, Section 933.20 through Section 933.30. Section 9-32. Inspection of nonresidential and multi-family occupancy premises generally; enforcement orders. It shall be the duty of the chief of the fire rescue department to inspect, or cause to be inspected by the division of fire and life safety or by the fire rescue department officers and members, as often as may be necessary, but not less than once per year in all buildings and premises except the interiors of private dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, or any violations of the provisions or intent of any ordinance of the city affecting fire hazards. Whenever any inspector, shall find in any building or upon any premises, combustible or explosive matter or dangerous accumulations of rubbish or unnecessary accumulations of waste paper, boxes, shavings or any highly flammable materials, or stored material which is so situated as to endanger property, or shall find obstructions to or on fire escapes, stairs passageways, doors or windows, liable to interfere with the operations of the fire rescue department or egress of occupants in case of fire, he shall order same to be removed or remedied. Section 9-33. Inspections involving special hazards, fire alarms and sprinkler systems; enforcement orders. The chief of the fire rescue department, the fire marshal or any inspector specially designated thereto shall inspect, as often as necessary, but not less than once per year, all specially hazardous manufacturing processes, storage or installations of gases, chemicals, oils, explosives and flammable materials, all interior fire alarm and automatic sprinkler systems and such other hazards or appliances as the chief of the fire rescue department shall designate, and shall make such orders as may be necessary for the enforcement of th'e laws and ordinances governing the same and for safeguarding life and property from fire. Section 9-34. Inspections Complaint; Order to Remedy Danger; Evacuation of Occupied Buildings or Structures. 17 The fire marshal, or designee, upon the complaint of any person or whenever he, she or they deem it necessary, shall inspect any buildings and premises within their jurisdiction. Whenever any of the said officers shall find any building or other structure which, for want of repairs, lack of sufficient fire escapes, automatic or other fire alarm apparatus or fire extinguishing equipment or by reason of age or dilapidated conditions, 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 or flammable cOnditions dangerous to the safety of such building or the occupants thereof he, she or they shall order such dangerous conditions or material to be removed or remedied. Any person who, after being served with a written order to cease such severe and immediate hazardous activity, operation or process, willfully fails or refuses to comply with such an order shall be subject to immediate arrest. The Fire Marshal, or designee may order the immediate evacuation of any occupied building or structure or assembly area when such building, structure or assembly area is deemed hazardous due to fire hazard, obstruction to exits, overcrowding of the premises, or any other hazard or potential which presents immediate danger to the occupants. The premises or any portion thereof, may not be reoccupied until it has been examined and deemed free of the hazard or potential which caused the evacuation to be ordered. Persons refusing to obey either a verbal or written order of the Fire Marshal or designee shall be subject to immediate arrest. Section 9-35. Service of enforcement orders. The service of such orders as are mentioned in these codes may be made upon the occupant of the premises to whom it is directed, either by delivering a copy of same to such occupant personally or by delivering the same to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of such premises. Whenever it may be necessary to serve such an order upon the owner of the premises such order may be served either by delivering to and leaving with such person a copy of such order, or, if such owner is absent from the jurisdiction of the officer making the order, by mailing such copy to the owner's last known post-office address. Section 9-36. Compliance with orders; appeal to fire chief. Any order served under the provisions of section 9-35 shall forthwith be complied with by the owner or occupant of such premises or building. Tf such order is made by the fire marshal or one of the inspectors, such owner or occupant may within twenty-four (24) hours appeal to the chief of the fire rescue department, who shall, within five (5) days, review such order and 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 the order or decision of the chief of the fire rescue department. Section 9-37. :Investigation of causes of fires required; procedures. The fire and life safety division of the fire rescue department shall investigate the cause, origin and circumstances of every fire, explosion, or hazardous condition occurring in the city by which property has been destroyed or damaged and, so far as possible, shall determine whether the fire, explosion, or hazardous condition is the result of carelessness or design. Such investigations shall be begun immediately upon the occurrence of such fire, explosion, or hazardous condition by an inspector, and if it appears to the officer making such an investigation, that such fire, explosion, or hazardous condition is of suspicious origin, the fire marshal shall be immediately notified of the facts. The fire marshal 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 co-operate with the authorities in the collection of evidence and in the prosecution of the case. Every fire, explosion, or hazardous condition shall be reported in writing to the division of fire and life safety of the fire rescue department within two (2) days after the occurrence of the same. Such report shall be in such form as shall be prescribed by the fire marshal, and shall contain a statement of all 'facts relating to the cause, origin and circumstances of such fire, explosion, or hazardous condition and extent of damage thereof and the insurance upon such property and such other information as may be required. Sections 9-38 - 9-50. Reserved. t9 ART,rCLE TV. FrRE PROTECT,tON OUTSTDE C'rTY Section 9-5:L. When rendered. No fire service shall be rendered outside the municipal limits of the city by the municipal fire forces except in the following cases: To protect property located in a fire protection district or in a township, village or city having a contract with the city for fire protection. To protect property within the city threatened by a fire outside the city. To protect city property located outside the city. To provide mutual/automatic aid as provided by written agreement. Sections 9-52 - 9-55 Reserved. ARTICLE V. WATCH; STANDBY COVERAGE EMERGENCY FIRE Section 9-56 Emergency Fire Watch; Disabled System. When the Fire Rescue Department finds it necessary to station fire rescue personnel at a building with a disabled fire alarm and/or fire suppression system, the owner of the building shall pay the city its actual labor cost for providing the fire watch, plus an additional twenty percent (20%) of such costs for the expense incurred by the city in administering the fire watch. Fire Rescue Department personnel shall be stationed on a fire watch detail only after reasonable attempts to contact the owner or the owner's representative are unsuccessful, or if decided upon by the Fire Rescue Department and communicated to the owner. Fire Rescue Department personnel will continue the fire watch until either the system is repaired and functioning, or until relieved by a responsible person as determined by the Fire Marshal: Fire watch assessments are due within thirty (30) days after the city mails the invoice to the owner. A late payment penalty shall accrue at a rate of five percent (5%) per month, and prorated as necessary, for an assessment past due. The assessment of fire watch assessments does not in any way relieve the owner from paying any inspection or 2O reinspection fees associated with the re-establishment of a functioning alarm and/or fire suppression system. ]:t shall be unlawful for any person to fail or refuse to pay fire watch assessments when due. Any person found guilty of violating this provision shall be subject to a fine equal to the fire watch assessment and/or imprisonment for a term not exceeding sixty (60) days in jail. Section 9-57 Standby Fire and Emergency I~ledical Coverage. Whenever, in the opinion of the Fire Marshal, it is essential for public safety in any place of public assembly or any other place where people congregate, due to the number of persons, or the nature of the performance, exhibition, display, contest or activity, the Fire Marshal may require the owner, agent or lessee to employ one or more off- duty certified City fire-rescue personnel, as required and approved by the Fire IVlarshal, to be on duty at such place. Said City fire-rescue personnel shall be subject to the Fire Marshal's and/or his/her designee's orders at all times, when so employed, and remain on duty during the times such places are open to the public, or when such activity is being conducted, including one (1) hour before opening the area to the public and one (1) hour after closing the area to the public. Before each performance or the start of such activity, said City fire- rescue personnel shall inspect all required fire and life-safety equipment to insure that such equipment is in proper working order, and shall keep diligent watch for any emergency that should arise. Should any emergency arise, the said fire-rescue personnel shall take whatever action necessary to protect the occupants and public from injury, illness, or any life threatening condition. Whenever, in the opinion of the Fire Marshal, it is essential for public safety in any place of public assembly or any other place where people congregate, due to the number of persons, or the nature of the performance, exhibition, display, contest or activity, the Fire Marshal may require the owner, agent or lessee to employ one or more off- duty certified City Paramedic(s) and/or EMT(s) as required and approved by the Fire Marshal, to be on duty at such place. Said City Paramedic(s) and/or EMT(s) shall be subject to the Fire Marshal's and/or his/her designee's orders at all times, when so employed, and remain on duty during the times such places are open to the public, or when such activity is being conducted, including one (1) hour before opening the area to the public and one (1) hour after closing the area to the public. Before each performance or the start of such activity, said City fire-rescue personnel shall inspect all required fire and life- 2! safety equipment to insure that such equipment is in proper working order, and shall keep diligent watch for any emergency that should arise. Should any emergency arise, the Paramedic(s) and/or EIVlT(s) shall take whatever action necessary to protect the occupants and public from injury, illness or any life threatening condition. For the provision of the services described in Subsections (A) and (B) above, the City of Boynton Beach shall be entitled to a reasonable fee at a rate established by the Fire Rescue Department, as may be adopted and subsequently amended by Resolution of the City Commission. Sections 9-58 - 9-60 Reserved ARTTCLE VT. COST RECOVERY FOR SPECTAL OPERATZONS AND CLEAN-UP OF HAZARDOUS MATERZALS Section 9-6Z Definitions; Authority and Responsibility. For the purpose of this section, the following words and phrases shall have the meanings given herein: "Costs" shall mean those necessary and reasonable costs incurred-by the city in connection with investigating, mitigating, minimizing, removing or abating discharges of hazardous substances, or in connection with costs incurred by any activity of the special or tactical operations unit including but not limited to actual labor costs of city personnel or its authorized agents; costs of equipment operation and rental; costs of expendable items, including but no limited to firefighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums, acid suits, acid gloves, goggles and protective clothing. "Discharge" shall mean 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. "Hazardous substances" shall mean any substances or materials in a quantity or form which in the determination of the fire department pose an unreasonable and imminent risk to the life, health, safety or welfare of persons or property within the city and shall include but not be limited to those substances listed in 22 the NFPA Guide on Hazardous Materials or the EPA's list of extremely hazardous substances, or the Florida SUbstance List promulgated by the state department of labor and employment security. The Fire Rescue Department is hereby authorized to take such steps as necessary to clean up, remove or abate the effects of any hazardous substances discharged upon or into public or private property or facilities located within the corporate limits of the city, and is authorized to use its special or tactical operations unit to effectively deal with specific emergencies, including, but not limited to, high- angle, confined space, and other forms of vertical rescue. Any person responsible for causing or allowing an unauthorized discharge of hazardous substances which requires action by the Fire Rescue Department or its authorized agents in order to protect the public health, safety or welfare shall reimburse the city for the full amount of all costs associated with the investigating, mitigating, minimizing, removing and abating any such discharge, or otherwise providing relief to a life-threatening situation involving special and tactical operations. Reimbursement shall be made within 30 days after receipt of an itemized bill for such costs from the city. When responding to the emergency caused by the unauthorized discharge of hazardous substances, or to an emergency requiring the use of the special or tactical operations unit, the Fire Rescue Department shall keep a detailed record of the cost attributable thereto. The authority to recover costs under this section shall not include costs incurred for actual fire suppression services, which are normally or usually provided by the city's fire department or'its authorized agents. Any person responsible for causing or allowing an unauthorized discharge of hazardous substances, or responsible for an emergency requiring the use of the special operations and tactical unit, and who fails to reimburse the city within the time set forth herein shall be subject to a late fee in the amount of ten percent (10%) of the total amount of the bill for each additional day that the bill for such costs remains unpaid. The remedy provided for in this section shall be supplemental to and in addition to all other available remedies by law and equity. 23 Sections 9-62 - 9-64 Reserved ARTICLE VII. CONTROL OF AUTOMATIC ELEVATORS. Section 9-65 General; Key Switch Operation; Capacity; Access Keys; Instructions · Posted; Emergency Use. In all buildings three (3) stories or more in height, hereafter erected, which are equipped with automatic elevators, at least one (1) designated elevator servicing all floors of the structure shall be arranged for emergency use (firefighter's service) by fire department Personnel. The control of automatic elevators shall meet the requirements as set forth under the state elevator code and ASME/ANSI, A17.1. Existing elevators shall conform to the requirements of ASME/ANSI A 17.3. Elevators shall be inspected and tested as specified in ASME/ANSI A 17.3. ......... ~ Section 9-66 - 9.70 RESERVED. Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction t© be invalid, such decision shall not affect the remainder of this ordinance. Section 5. Authority is hereby granted to codify said ordinance. Section 6. This ordinance shall become effective passage. FIRST READING this /2' day of/1~'~.~'~, 1998. immediately upon 24· SECOND, FINAL READ:lNG AND PASSAGE this 1998. / day of ~,~,~ Clerk CiTY OF BOYNTON BEACH, FLORIDA Mayor~ ~ / Mayor Pro/em Commissioner and Prevention 25