24-005 1 ORDINANCE NO. 24-005
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA,AMENDING
4 CHAPTER 9, "FIRE PROTECTION AND PREVENTION," SECTION 9-1,
5 "BOYNTON BEACH FIRE CODE; FIRE CODES ADOPTED," TO UPDATE THE
6 CITY CODE AS IS REQUIRED BY FLORIDA STATUTE WHEN A NEW EDITION
7 OF THE FLORIDA FIRE PREVENTION CODE HAS BEEN ADOPTED;
8 PROVIDING FOR REPEAL OF LAWS IN CON FUCT, SEVERABILITY,
9 CODIFICATION AND AN EFFECTIVE DATE.
10
11 WHEREAS,the general laws of the State of Florida require the State Fire Marshal to adopt by
12 rule the Florida Fire Prevention Code and to update to a new edition of said Code every third year;
13 and
14 WHEREAS, the Florida Fire Prevention Code, as adopted by the State Fire Marshal, applies
15 uniformly across the state; however, local jurisdictions may make local amendments in order to
16 strengthen the protections afforded by the Code and to conduct the business of administering the
17 Code as deemed fit by the local authority having jurisdiction; and
18 WHEREAS, the City Commission wishes to adopt the latest edition of the Florida Fire
19 Prevention Code.
20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE.CITY OF
21 BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby incorporated herein and made a part hereof.
24 Section 2. Chapter 9, entitled "Fire Protection and Prevention" of the Code of
25 Ordinances, is hereby amended to read as follows:
26 Chapter 9 FIRE PROTECTION AND PREVENTION
27
28 ARTICLE I. GENERAL
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1
2 Sec. 9-1. Boynton Beach Fire Code;fire codes adopted.
3
4 - - - -- - - - - - , - -- - - • -
5 NFPA 1 Fire Prevention Code, 2018 Edition, and the NFPA 101 Life Safety Code,2018 Edition,
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6 - - - - - - - --- •
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8 as if set out at length in this section. Not less than one (1) copy of the adopted ifuc of the
9 ' • • - • •- - e _ -• •- • - II ' - . - -- '- _ -• •-
10 any subsequent additions adopted by state statute shall be filed in the office of the City
11 - , . _ • - _ _ - - - - - - - - -• _ , . _
12 any municipality which has entered into an intcrlocal agreement or contract for services from
13 Boynton Beach Fire Rescue unless otherwise provided for. Under the authority of Sections
14 633.0215 and 633.025, Florida Statutes, the most recent edition of the "Florida Fire
15 Prevention Code" adopted by the State Fire Marshal in Florida Administrative Code Chapter
16 69A-60, including NFPA 1 Fire Prevention Code and NFPA 101 Life Safety Code, both as
17 modified by Florida Administrative Code Chapter 69A-60, is hereby adopted by reference
18 and made a part of the law of the City to the same extent as if written out completely herein.
19 A copy of the Fire Prevention Code and any updates thereto shall be filed with the City Clerk,
20 and the provisions thereof shall be controlling within the City and within any jurisdiction that
21 has entered into a contract for service from Boynton Beach Fire Rescue unless otherwise
22 stated therein.Violations of the Florida Fire Prevention Code shall be punishable as provided
23 in Section 1-6.
24
25 Section 3. It is the intention of the City Commission of the City of Boynton Beach, and
26 it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the
27 Code and Ordinances of the City of Boynton Beach, Florida and that Sections of this Ordinance
28 may be renumbered, re-lettered and the word "Ordinance" may be changed to "Section,""Article,"
29 or such other word or phrase in order to accomplish such intention.
30 Section 4. If any clause, section, or other part of this Ordinance shall be held by any
31 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid
32 part shall be considered eliminated and in no way affect the validity of the other provisions of this
33 Ordinance.
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1 Section 5. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions
2 in conflict herewith, be and the same are repealed to the extent of such conflict.
3 Section 6. This Ordinance shall become effective on passage.
4 FIRST READING this 6th day of February, 2024.
5 SECOND, FINAL READING AND PASSAGE this 20th day of February, 2024.
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9 YES, NO
10 Mayor—Ty Penserga
11 V/
12 Vice Mayor—Thomas Turkin
13
14 - Commissioner—Angela Cruz
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16 Commissioner—Woodrow L. Hay l/
17 ✓
18 Commissioner—Aimee Kelley
19
20 . VOTE c 0
21
22
23
24 A '
25
26
27 Maylee MPA, MC Ty Pe -ga
28 City Clerk May/
29 _=g0YNT0 `'‘`
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30 I�� oo '�TF°•:F` �� APPROVED AS TO FORM:
31 (Corporate Seal) (Cif SEAL V11$
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32 : INCORPORATED: A/1)44 ' gviib
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33 • 1920 . Shawna G. Lamb
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34 < ••••••••° ,r' City Attorney
35 �•`LORIDP
36
37
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Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed
ordinance is to be considered and must be posted on the City's website by the time notice of the
proposed ordinance is published.
Proposed ordinance's title/reference: Fire Protection and Prevention (Ch.9)
Proposed Ordinance-1135-2023
Proposed Ordinance No. 24-XXX- Approve Ordinance amending Chapter 9, "Fire Protection and
Prevention,"Section 9-1, "BOYNTON BEACH FIRE CODE; FIRE CODES ADOPTED,"to update the City
Code as required by Florida Statute when a new edition of the Florida Fire Prevention Code has been
adopted.
This Business Impact Estimate is provided in accordance with section 166.041(4), Florida
Statutes. If one or more boxes are checked below, this means the City is of the view that
a business impact estimate is not required by state law1 for the proposed ordinance, but
the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to
avoid any procedural issues that could impact the enactment of the proposed ordinance.
This Business Impact Estimate may be revised following its initial posting.
Applicable Exemptions:.
The proposed ordinance is required for compliance with Federal or State law or
regulation;
O The proposed ordinance relates to the issuance or refinancing of debt;
O The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
O The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the municipal government;
O The proposed ordinance is an emergency ordinance;
O The ordinance relates to procurement; or
% The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
V d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
1 See Section 166.041(4)(c),Florida Statutes.
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In accordance with the provisions of controlling law, even notwithstanding the fact that an
exemption noted above may apply, the City hereby publishes the following information:
1. A summary of the proposed ordinance (must include a statement of the public
purpose, such as serving the public health, safety, morals and welfare):
Summary of the proposed ordinance
-The Florida Fire Prevention Code is adopted by the State Fire Marshal at three-year intervals as required by Chapter 633.202,
Florida Statutes. This complex set of fire code provisions are enforced by the local fire official within each county,municipality,
and special fire district in the state.
2. An estimate of the direct economic impact of the proposed ordinance on private, for-
profit businesses in the City, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur
if the ordinance is enacted:
Exempt 633.202
(b) Any new charge or fee imposed by the proposed ordinance or for which
businesses will be financially responsible:
Exempt: 633.202
(c) An estimate of the City's regulatory costs, including estimated revenues from
any new charges or fees to cover such costs.
Exempt: 633.202
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
Good faith estimate
Exempt: 633.202
4. Additional information the governing body deems useful (if any):
Additional information the governing body deems useful (if any):
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[You may wish to include in this section the methodology or data used to prepare the
Business Impact Estimate. For example: City staff solicited comments from businesses
in the City of Boynton Beach as to the potential impact of the proposed ordinance by
contacting the chamber of commerce, social media posting, direct mail or direct email,
posting on the City's website, public workshop, etc. You may also wish to include efforts
made to reduce the potential fiscal impact on businesses. You may also wish to state
here that the proposed ordinance is a generally applicable ordinance that applies to all
persons similarly situated(individuals as well as businesses) and, therefore, the proposed
ordinance does not affect only businesses).
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