Loading...
BOYNTON.9 Chapter 9 FIRE PROTECTION AND PREVENTION* Sec. 9 - 2. Enforcement authority. Art. I. In General, §§ 9 - 1 — 9 - 12 Art. II. Fire Codes and Fees, §§ 9 - 13 — 9 - 28 (a) All regulations issued by the State Fire Art. III. Fire and Life Safety Division, §§ 9 - 29 — 9 - 50 Marshal under authority of Florida Statutes Chapter Art. IV. Fire Protection Outside City, §§ 9 - 51 — 9 - 55 633, shall be enforceable by the proper authorit ies of Art. V. Emergency Fire Watch; Standby Coverage, §§ the city, and the Fire Marshal, or designee, appointed 9 - 56 - 9 - 60 by the Fire Chief. The Fire Marshal is hereby Art. VI. Cost Recovery for Special Operations and authorized to perform within the city any duties that Clean - Up of Hazardous Materials, §§ 9 - may be imposed upon by such law, or in accordance 61 - 9 - 64 therewith, and to have such assistance, as needed, Art. VII. Control of Automatic Elevators, §§ 9 - 65 - 9 - from other officials of the city in the discharge of 70 such duties. Art. VIII. Hazardous Materials, § 9 - 71 - 9 - 75 * Cross references - Code compliance board (b) The Fire Chief and the Fire Marshal are generally, § 2 - 72 et seq.; enforcement of this chapter authorized to enforce this law and all rules prescribed by board, § 2 - 75; building regulations generally, Ch. by the State Fire Marshal within their respective 5; fire districts established, § 5 - 5; fireworks displays, jurisdictions. Such personnel acting under the § 15 - 5; fires and fire hazards in parks, § 16 - 43; social authority of this section shall be deemed to be agents security for firemen, § 18 - 37 et seq.; pensions for of their respective jurisdictions, not agents of the firemen, § 18 - 179 et seq.; fire hydrants required in State Fire Marshal, and subject to Florida Statutes subdivisions, App. C, Art. IX, § 6; design 633, 790, and 943. specifications for fire hydrants in subdivisions, App. (Ord. No. 98 - 45, § 2, 12 - 1 - 98) C, Art. X, § 16. Sec. 9 - 3. Fire codes adop ted; standards. ARTICLE I. IN GENERAL There is hereby adopted by the city for the purpose of prescribing regulations governing S ec. 9 - 1. Penalty for violations. conditions hazardous to life, property and the environment the national fire codes including all (a) Any person violating any provision of this revisions and updates thereof made from time to time . chapter or the fire prevention code adopted in this article shall be punishable in accordance with the (a) NFPA 1, Fire Prevention Code, 2000 provisions of Sec. 1 - 6 and Sec. 9 - 1. Edition is hereby adopted by reference as if set out in its entirety herein. NFPA 1, Fire Prevention Code, (b) It shall be unlawful for an y person to violate 2000 Edition as amended in the following chapters the National Fire Codes, or to refuse to obey any and sections and NFPA 101, Life Safety Code, 2000 provision or regulation thereof, under the penalties Editi on, shall constitute and be known as and may be provided in Sec. 1 - 6 and Sec. 9 - 1. cited as the Boynton Beach Fire Code hereinafter referred to as “this code.” (c) The application of a penalty for violation of this chapter shall not be held to prevent the enforced (b) The provisions of this code shall be in full removal of prohibited conditions. force and effect within the city limits of Boynton (Ord. No. 98 - 45, § 2, 12 - 1 - 98) Beach and within any municipa lity which has entered into an interlocal agreement or contract for services from Boynton Beach Fire Rescue unless otherwise provided for. 2002 S - 18 1 Boynton Beach Code 2 (c) Where provisions of this code do not address (b) The Fire and Life Safety Division shall note specific situations in volving protection of life, all violations of local or state fire preventi on and property and the environment from the hazards of fire, protection codes on the plans and specifications and smoke and explosion, compliance with nationally may reject the plans and/or specifications until such accepted standards of good practice shall be evidence time as appropriate corrections have been made, of compliance with the intent of this code. thereby eliminating such violations. (d) Standards referenced in this code shall be (c) Nothing in this section shall apply to single - considered an integral part of this code without famil y or duplex residential units. separate adoption. Where code provisions conflict (Ord. No. 98 - 45, § 2, 12 - 1 - 98) with a standard, the most stringent code provisions shall be enforced. Sec. 9 - 5. Report of fire. (e) If any section, subsection, clause, or phrase of this cod e is for any reason held to be (a) Each owner, manager, person in charge of unconstitutional such decision shall not affect the any building of any kind, or occupant of any building validity of the remaining portions of this code. of any kind shall, immediately upon discovery of a fire in or ad jacent to such building, or upon discovery (f) The Fire Marshal, with the approval of the of evidence that there has been a fire, even though it Fire Chief, may draft administrative orders for the has apparently been extinguished, report such an purpose of clarifying a nd carrying out the intent of this occurrence to the fire rescue department immediately, code. All administrative orders shall be on file in the giving complete information as to the location and office of the Fire Marshal. Such orders shall be type of fire in order that an appropriate response by enforced as if a part of this code and be in full effect the fire rescue department may be initiated. upon approval of the Fire Chief. (b) This requirement shall not be construed to (g) The inspection or permitting of any building forbid the owner, occupant or person in charge of the or plan under the requirements of this code shall not aforementioned building from using all diligence be construed as a warranty of the physical condition of necessary to extinguish the fire prior to the arrival of such building or the adequacy of such plan. The City the Fire Rescue Department. of Boynton Beach or its employees shall not be liable (Ord. No. 98 - 45, § 2, 12 - 1 - 98) 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 Sec. 9 - 6. Codes - deletions and amendments building, which may occur subsequent to such inspection or permitting, pursuant to this code. (Ord. No. 98 - 45, § 2 , 12 - 1 - 98; Ord. No. 02 - 008, § 1, 2 - 19 - 02) Sec. 9 - 4. Examination of building permits. (a) 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. p r o t e c t i o n s y s t e m s . 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. (a) Section 7 - 1.2: A . A l l s y s t e m s , e q u i p m e n t , r a g e f a c i l i t i e s o v e r w h i c h t h e c o d e c o n t a i n s r e g u l a t 2002 S - 18 Fire Protection and Prevention 3 law, shall be maintained in operative condition at A. Approved automatic fire sprinkler systems as all times to provide the service for which installed. B. All fire sprinkler, sta ndpipe 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. C. The service company performing the maintenance and tests shall for ward 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 requ ired by the 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. (b) Section 7 - 2.2: A. All hereafter constructed buildings and structures more than thr ee (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 1 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. C. Evidence that such standpipes have been installed in accordance with the applicable standards specified for this secti on under of the Fire Prevention Code shall be evidence that such installations provide reasonable safety to persons and property. (c) Section 7 - 3.2: h e r e i n a f t e r c o n s t r u c t e d b u i l d i n g s a n d s t r u c t u r e s o r i n g s o f a n i n s t i t u t i o n a l o r e d u c a t i o n a l c h a r a c t e r , h o e n t c e n t e r s , r e h a b i l i t a t i o n f a c i l i t i e s , d a y c a r e c e n t e a r o f a g e , a d u l t c o n g r e g a t e l i v i n g f a c i l i t i e s , a n d a r e i n s t a t e d , w i t h o u t r e g a r d t o t h e t y p e o f c o n s t r u c t i r p a r t i a l w o o d f r a m e b u i l d i n g s o r s t r u c t u r e s w h i c h a r a s m e a s u r e d f r o m f i n i s h g r o u n d f l o o r g r a d e t o t h e u n d s o r s t r u c t u r e s r e g a r d l e s s o f t h e t y p e o f c o n s t r u c t i o l b u i l d i n g s o r s t r u c t u r e s i n e x c e s s o f t h i r t y f e e t ( 3 t o t h e u n d e r s i d e o f t h e t o p m o s t r o o f a s s e m b l y . 4 . A c o n s t r u c t i o n t h a t a r e i n e x c e s s o f 1 2 , 0 0 0 s q u a r e f e e t o r s t r u c t u r e s w h i c h a r e b e l o w g r a d e o r w h i c h c o n s t i t r d l e s s o f s q u a r e f o o t a g e o f f l o o r a r e a o r t y p e o f c o n b e e x e m p t f o r m t h i s r e q u i r e m e n t . B . T h e a u t o m a t i c s y w h i c h i s r e q u i r e d b y t h i s o r d i n a n c e s h a l l b e c o n t a i n p e c i f i e d f o r t h i s s e c t i o n u n d (Ord. No. 98 e - 45, § 2, 12 - 1 - 98; Ord. No. 02 - 008, § 1, 2 - 19 - r 02) 2002 S - 18 Boynton Beach Code 4 Sec. 9 - 7. Inspection test reco rds. violations, shall be guilty of a violation of this code A hard copy of all inspection, maintenance and and subject to a fine not to exceed $100. test records shall be provided to the AHJ immediately (Ord. No. 98 - 45, § 2, 12 - 1 - 98) after completion of the following: (a) Fire pump; Sec. 9 - 14. Roadway security gates and emergency access. (b) Fire alarm; The minimum requirements shall be as required (c) Fire suppression; by the Fire Marshal: (d) Fire detection; (a) All security/entrance gates must have an electronic key number pad or an approved alternative. (e) Fire sprinkler; (b) The keypad will allow entrance by the (f) Fire standpipe; and simple act of pushing four (4) or five (5) buttons. (g) All others required by the NFPA or other (c) All gates must have a s ecurity entry code applicable codes, standards or statutes. approved in advance by the Fire Marshal. (Ord. 02 - 008, § 1, 2 - 19 - 02) (d) Gates may be operable by telephone from our dispatch office. A phone call from our dispatchers Secs. 9 - 8 — 9 - 12. Reserved. will open the gate and a second call will be required to close the gate. ARTICLE II. FIRE CODES AND FEES (e) In case of power failure, the electronic gate shall open automatically and remain open. Sec. 9 - 13. Open burning. (f) An exception will be where a 24 - hour security guard is stationed at the gate. (a) Defined. Open burning is defined as any outdoor fire or open combustion of material except (g) A back - up device such as an authorized barbecuing. security box or key switch is required to operate the g ate in the event the number pad entry does not work. (b) Prohibited generally. It shall be unlawful to have any open burning within the city limits on public (h) No other code numbers, operating methods. or private property, except for fire training purposes or or key systems will be kept on file by the Fire Rescue recreationa l or ceremonial occasions for which written Department. permits from the fire rescue department are required. (i) In the event that our units are unable to gain (c) On beach. No permits will be issued for any rapid entry with the above methods, it will required open burning on the public beach. the use of raid forcible entry methods to gain entry. The city and/or the Fire Rescue Department shall not (d) Violations. Any person who violates this be responsible for, nor incur any costs as a result of, section, and the owner of the land who allows these gaining access to a specific area. 2002 S - 18 Fire Protection and Pre vention 4A (j) Information on where authorized key Sec. 9 - 16. Bulk storage of inflammable liquids in security boxes can be obtained is available from the Fire Rescue, Fire and Life Safety Division. (k) Failure to comply will result in the violation of Section 9 - 3F of this code. (l) Failure to no tify the Fire Marshal of all unauthorized change to the operating system or other violation of this Section shall result in a fine of $100. (Ord. No. 98 - 45, § 2, 12 - 1 - 98; Ord. No. 02 - 008, § 1, 2 - 19 - 02) Sec. 9 - 15. Key boxes/entry systems. In all new an d 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 s ecured 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: (a) Keys to locked points of egress, whether in common areas or on the interior or exterior of such buildings; The limits in which bulk storage o f inflammable liquids in outside aboveground tanks is prohibited, are (b) Keys to locked mechanical equipment hereby established as follows: rooms; (c) Keys to locked electrical rooms; (d) Keys to elevator controls; and (e) Keys to other areas where fire rescue personnel may need emerg ency access as directed by the Fire Marshal. The Fire Marshal shall approve the location of the lock box. (Ord. No. 98 - 45, § 2, 12 - 1 - 98) s t b y t h e F l o r i d a I n l a n d N a v i g a t i o n D i s t r i c t C a n a l ; o o a r d A i r L i n e R a i l r o a d ; a n d o n t h e s o u t h b y W o o l b r i g h i b i t e d w i t h i n t w o h u n d r e d f i f t y ( 2 5 0 ) f e e t o f U . S . H i y c h u r c h , s c h o o l , t h e a t e r , o r o t h e r p u b l i c g a t h e r i n g l o c a t e d o n a n y n o n c o n t i g u o u s p a r c e l . A n y b u i l d i n g p e s c o n t e m p l a t e d h e r e i n a b o v e , s h a l l b e s u b j e c t t o t h e i d n e c e s s a r y b y t h e c i t y c o m m i s s i o n d i c t a t e d b y t h e (Ord. No. 98 p - 45, § 2, 12 - 1 - 98) h (Ord. No. 98 - 45, § 2, 12 - 1 - 98) Sec. 9 - 17. Penetration of firewalls and fire Sec. 9 - 18. Fireworks. b r This section may be cited as “The Boynton e Beach Fireworks Ordinance.” a k (a) s The term Fireworks shall mean and include any combustible or . explosive composition, or any substance or combination of substances, or article Any material penetrating a fire break or fire wall prepared for the purpose of producing a visible or an shall have the equi valent fire rating of that break or audible effect by combustion, explosion, deflagration wall which is penetrated. or detonation, as defined by Florida Statutes Ch. 791. 2002 S - 18 Boynton Beach Code 4B (b) The Fire Marshal may adopt reasonable (g) Any person or entity violating the rules and regulations for the granting of permits for provisions of this section shal l be punishable as supervised displays of fireworks by the city, fair provided in Sec. 9 - 1 and Sec. 1 - 6. associations, civic groups, and other organizations or groups of individuals. Such permits may be granted (h) Any person. firm, partnership or upon application to the Fire Chief after the filing of a corporation engaging in the sale, distribution or bond by the applicant as provided herein. Every such manufacturing of fireworks or sparklers must first display shall be handled by a competent operator and apply for and secure a permit from the Fire Marshal. shall be of such composition and character and shall be so loca ted, discharged or fired in a manner not to be (1) T he application for such permit shall hazardous to property or endanger any person. After include proof that the applicant is registered with the the issuance of such a permit, sales, possession, use Division of the State Fire Marshal. and distribution of fireworks within the city for such display shall be lawful for that purpose only. No (2) In addition, the temporary retail sale of permit granted hereunder shall be transferable. sparklers requires a city occupational license. (c) A bond shall be required from the applicant (i) Before any permit, as p rovided by this in a sum no less than $1,000 conditioned on section, shall be issued by the Fire Marshal for sale of compliance with the provisions of this section and the fireworks or sparklers, such applicant shall file with regulations of the Fire Marshal adopted hereunder. the Fire Marshal a performance bond or similar security as set forth in division (c). (d ) Before the issuance of a permit for a display of fireworks, the applicant shall furnish proof of (1) Such security shall be approved by the financial responsibility to satisfy claims for damages City Attorney's Office and the Finance Department. to property or personal injuries arising out of any act or omission on the part of the applicant or an y agent or (2) The conditions of such security shall employee thereof, in such amount, character and form be that: as the Fire Marshal determines to be necessary for the protection of the public. a. The permit holder will pay all costs and judgments that may be rendered against said (e) No permit shall be issued under the permit holder by a court of law for a violation of sa id provisions of this section to an applicant not having an ordinances or statute regarding the sale of fireworks established place of business within the state for or sparklers; conduct of a display of fireworks until the applicant has fulfilled the legal requirements for service of b. The permit holder shall pay the process upon the person or entity seeking a permit. In cost of providing security at the site(s), pursuant to the case of a corporation, proof of registration with t he court order, in the event of the arrest or detention of Secretary of State, as a nonresident corporation shall the permit holder's employees). or agent(s), for be required. violation of this section, which arrest or detention results in the site being unmanned by the permit (f) The Fire Chief, Fire Marshal, or the Police holder's employee(s) or agent(s). Chief shall seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks (j) Record of sales and exemptions. stored or held in violation of this section, and shall dispose of the fireworks in the manner deemed safe by (1) In order to verify compliance with the Fire Marshal when the fireworks are no longer F.S., Chapter 791, and thi s section, the seller of required as evidence of a violation of this section. fireworks 2002 S - 18 Fire Protection and Prevention 5 must obtain the name and address of each purchaser of (2) Fixed fire suppression systems (halon, fireworks, check a photo identification. and keep a wet/dry chemical systems, etc.): $25. record of the names, addresses and form of proof of photo iden tification. (3) Hazardous, flammable or explosive materials: $25. (2) The seller must maintain, on site, this record for all fireworks sales, which includes the name (4) Plan review of special occupancies in and address of purchase, and the form of addition to normal plan review fees: identification. (3) These records shall be maintained on site and be made available during busin ess hours for immediate on - site inspection by a Fire Marshal and/or the Police Department or other law enforcement agencies. (4) The records shall be maintained for a period of twelve (12) months from the last entry in the record. (5) Should the si te close or be vacated within this twelve - month period, the permit holder shall maintain the records for the remainder of the twelve - month period. (k) Any violation of this section shall subject an offender to arrest pursuant to F.S., § 901.15, and prose cution pursuant F.S., § 125.69. (Ord. No. 98 - 45, § 2, 12 - 1 - 98; Ord. No. 02 - 008, § 1, 2 - 19 - 02) Sec. 9 - 19. Fire inspection fees. (a) A fee in the amount of $.058 per square foot shall be levied on all new construction, alterations, or additions in the c ity. 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. (b) The following permit fees for fire protection systems are required: (1) Fire detection and annunciation systems: $25. inspection activity conducted by the fire rescue department for commercial enterprises and multi f - family dwellings. The owner of each commercial e enterprise, business, or multi e - family d welling operating from a location within the City of Boynton Beach shall be charged an annual fire and safety $ inspection fee as set forth below: 2 4 (1) Non 5 - residential, (includes all retail, mercantile, business office, industrial, storage (5) The plan review fee shall be four (4) occupancies, ass embly), healthcare, institutional, times that specified in this table, should commence residential board and care, and residential structures prior to the fire plan review and approval a s required that are required to have occupational licenses but not by the Fire Official. including restaurants, cafes, and public eating places. (6) Fees for new construction, alteration, or a. First 1,000 sq. feet: $45. renovation shall be in the amount of $0.029 per square foot, if provided with a fully automatic fire protection b. Each additio nal 1,000 sq. feet: system throughout the building. $6.50. (c) Annual inspection fees. There is hereby c. Tents, canopies and temporary established a fee structure for annual fire and safety structures: $45. 2002 S - 18 Boynton Beach Code 6 d. Churches: $45. (3) Reinspection fee, due to violation, incompletion, lack of accessibility, or deviation from (2) Multi - family building (includes hotels, approved plan. Following the initial inspection, one apartments, cooperatives, condominiums, and reinspection for complia nce will be included in the boarding houses rent ing furnished or unfurnished original fee. If additional reinspections are necessary rooms or apartments). due to the above criteria, reinspection fees will be required. a. Three to 24 units: $45. a. Second reinspection due to b. Twenty - five to 38 units: $65. violation: $25. c. Thirty - nine units and over: $85. b. Second reinspection due to incompletion, lack of a ccessibility, or deviation from (3) Restaurants, cafes and public eating approved plan: $50. places: c. Third and subsequent a. Seating capacity up to 15: $25. reinspection(s): $100. b. Seating capacity up to 50: $45. (e) Annual inspection of fire detection and annunciation systems: $45 per occupancy. c. Seating capacity over 50: $75. (f) Water/hydrant flow test: $250. (4) Educational: (g) Structures or syste ms requiring more than a. Nursery day care: $35. one inspection per year, excluding reinspections, shall be charged 50% of the original fee but not less than b. All others: $75. $25. (5) All others not classified above: $45. (h) Structures with fully automatic fire protection throughout will have their annual (6) Businesses or professional individuals inspection fee reduced by one h alf (50%) sharing one office suite or bay shall be charged only (Ord. No. 98 - 45, § 2, 12 - 1 - 98; Ord. No. 99 - 26, § 1, 9 - one fire inspection fee. 21 - 99; Ord. No. 02 - 008, § 1, 2 - 19 - 02) (7) The fees established in division (c), (d), and (e) shall accrue annually. Sec. 9 - 20. Extension cords, control panels, and (8) Annual fire inspection fees shall not exceed $450. (d) The following inspection fees are required: (1) Minimum permit fee: $25. (2) Change of plans: 50% of original fee. (a) Temporary use. Extension cords shall not be used as a substitute for permanent wiring . permitted only with portable appliances or fixtures. (b) Conditions of use. Extension cords are While in immediate use: 2002 S - 18 Fire Protection and Prevention 7 (1) Each extension cord shall be plugged period of construction, remodeling, repair or directly into an approved recept acle and shall, except demolition of buildings, structures, equipment, or for approved multiplying extension cords, serve only similar activities. one appliance or fixture. (2) Temporary wiring for electrical power (2) The current capacity of the cord shall and lighting installation shall be permitted for a not be less than the rated capacity of the appliance or period not to exceed 90 days for Christmas decorative fixture. lighting, carnivals, and similar purposes and for experimental development work. (3) The extension cord shall be maintain ed in good condition without splices, deterioration or (3) When temporary wiring is attached to a damage. structure, it shall be attached in an approved manner. (4) The extension cord shall be of the (i) Electrical motors. All electrical motors grounded type when servicing grounded appliances or shall be maintained in a manner free from the fixtures. accumulations of oil, waste, and other debris, which will interfere with required motor venti lation or create (c) Limitations. Extension cords and flexible a fire hazard. cords shall not be affixed to structures , extend through (Ord. No. 98 - 45, § 2, 12 - 1 - 98; Ord. No. 02 - 008, § 1, walls, ceilings, floors, under doors or floor coverings, 2 - 19 - 02) nor be subject to environmental damaging physical impact. Sec. 9 - 21. Fire lanes on private property; blocked (d) 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. (e) Access to control panels. A minimum 30 inch clearance shall be provided in front of electrical control panels for access. (f) Non - approved appliances. Ele ctrical appliances or fixtures shall not be sold, offered for (a) For the purposes of this section: sale or rent, disposed of by gift or premium, nor made available for use or used unless they are of an Fire Lane. A space sufficient in width and approved type. length to permit the parking of fire trucks, rescue vehicles, and other fire rescue department apparatus (g) Exception. Low voltage wiring, such as and located nearest to, or at the best location to permit communications and signal wir ing. firefighting and rescue operations nearest to, a building or structure. (h) Temporary wiring. (b) Fire lanes shall be esta blished on private (1) Temporary wiring for electrical power property where the public has the right to travel by and lighting installations shall be permitted during the 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 tr ucks or other firefighting apparatus as determined by the Fire Marshal. Any person owning or in possession and control of any such commercial, in dustrial or multifamily residential area, property, including but not necessarily limited to, any shall establish such fire lanes through striping, parking lot, shopping plaza, shopping center or other marking and posting of signs. 2002 S - 18 Boynton Beach Code 8 (c) After notification by the Fire Marshal of the Sec. 9 - 22. Use of charcoal stoves; other devices necessity to establish one or more fire la nes upon a particular property, the owner or person in possession and control of the property shall submit two 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 shal l be drawn to scale and shall show all related buildings, driveways, streets and other information to evaluate the sufficiency of the fire lanes. (d) Approval by the Fire Marshal of the fire lanes shall constitute authorization for the installation of of ficial 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 perso n 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. (e) All fire lanes signs installed pursuant to this section shall have red lettering, not l ess than two inches or more than three 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 Transport ation. The Fire Marshal shall prescribe a uniform sign design for such signs. It shall be unlawful for any person to use or (f) It shall be unlawful for any person to have or cause to be used any charcoal grill or stoves; gasoline cause to have any driveway, roadway or entrance stove or heater; liquefied petroleum gas grill or stove; barricaded or blocked by obstacles which would or any similar heating or cooking appliance on any interfere with the response o f Fire Department or other balcony, within any screened enclosure; in any emergency vehicles. If an existing building requires co rridor or hallway or within the confines of any the changing of access to the properties, the owners building or structure when such spaces are not shall provide revised site plans to the Building provided with safeguards to insure adequate Division and to the Fire Department for their approval. ventilation. All such cooking appliances and devices Any person faili ng to comply with the above shall be used and operated a sufficient distance from provisions or violating the provisions shall be any combu stible materials or structures as may be punished pursuant to the provisions of Sec. 9 - 1 and required to prevent the ignition thereof and the spread Sec. 1 - 6. of fire outside the area of intended confinement. No (Ord. No. 98 - 45, § 2, 12 - 1 - 98) such device or appliance shall be used or operated directly under an overhang of any structure regardless of the distance removed from combustible materials. (Ord. No. 98 - 45, § 2, 12 - 1 - 98) Sec. 9 - 23. Fire hydrants and fire department c o Reflective blue markers shall be placed to n indicate the location of a hydrant. n (Ord. No. 98 e - 45, § 2, 12 - 1 - 98; Ord. No. 02 - 008, § 1, 2 - 19 - 02) c t i o n 2002 S - 18 Fire Protection and Prevention 9 Secs. 9 - 24 — 9 - 28. Reserved. (3) Public education. (4) Enforcement. ARTICLE III. FIRE AND LIFE SAFETY DIVISION (b) The storage and use of explosive, flammable, and hazardous materials. Sec. 9 - 29. Establishment of Division; designation (c) The installation and maintenance of of Chief; designation of Fir e Marshal; automatic and other private fire alarm systems and appointment and tenure of inspectors. fire extinguishing and protection equipmen t. A Division of Fire and Life Safety within the Fire (d) The adequacy, maintenance, and regulation Rescue Department of the City of Boynton Beach FL of all means of egress from all occupancies within the is hereby established which shall be operated under jurisdiction of the Fire Rescue Department. the supervision of the Chief of the Fire Rescue D epartment, herein known as the Chief. The Chief (e) The investigation of the cause, origin, and shall designate an officer or other member of the Fire circumstances of fires. Rescue Department as Fire Marshal, who shall hold this office at the pleasure of the Chief. The Chief may (f) The Fire Marshal, and such inspectors that detail such other members of the Fire Rescue he or she may designate, are hereby designated as Department as Inspectors as necessary. The Chief Code Enforcement Officers for the purpose of issuing shall recommend to the city the employment of one or citations under the City of Boynton Beach Codes. more Fire Prevention Inspectors, who, when such authorization is made, shall be selected, via an (g) Officers shall have the power to perform examination, for the position. The examination shall other such duties as are set forth in th is chapter, and be open to members and nonmembers of the Fire as may be conferred and imposed by other codes, Rescue Department, and appointments made after statutes, and other regulatory criteria. examination shall be for an indefinite term subject to (Ord. No. 98 - 45, § 2, 12 - 1 - 98; Ord. No. 02 - 008, § 1, the appropriate personnel policies of the City of 2 - 19 - 02) Boynton Beach. (Ord. No. 98 - 45, § 2, 12 - 1 - 98) Sec. 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. (1) Inspection. (2) Plan review. 2002 S - 18 Boynton Beach Code 10 Sec. 9 - 31. Authority to enter property for Sec. 9 - 33. Inspections involving special hazards, inspection. (a) 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, und er the provisions of this chapter, he or she may deem necessary to be made. (b) 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 Stat utes §§ 933.20 - 933.30. (Ord. No. 98 - 45, § 2, 12 - 1 - 98) Sec. 9 - 32. Inspection of nonresidential and multi - family occupancy premises generally; enforcement orders. (a) It shall be the duty of the Chief of the Fire Rescue Department to inspect, o r 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, fo r 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. (b) Whenever any inspector, shall find in any building or u pon 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 shal l 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. (Ord. No. 98 - 45, § 2, 12 - 1 - 98) r d e r s . 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 h azards 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 the laws and ordinances governing the same and for safeguarding life and property from fire. (Ord. No. 98 - 45, § 2, 12 - 1 - 98) Sec. 9 - 34. Inspections complaint; order to remedy d a n (a) g The Fire Marshal, or designee, upon the complaint of any person or whenever he, she or they e deem it necessary, shall i r nspect 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 e fire escapes, automatic or other fire alarm apparatus v or fire extingui a shing equipment or by reason of age or dilapidated conditions, or from any other cause, is c especially liable to fire, and which is so situated as to u endanger other property or the occupants thereof, and a whenever such officer shall find in any building t comb ustible or explosive matter or flammable i conditions dangerous to the safety of such building or o the occupants thereof he, she or they shall order such n dangerous conditions or material to be removed or remedied. o f (b) Any person who, after being served with a written order to cease such severe and immediate o hazardous activity, operation or process, willfully c fails or refuses to comply with such an order shall be c subject to immediate arrest. u p i 1999 S - 10 Fire Protection and Prevention 11 (c) The Fire Marshal, or designee may order authority the order is revoked or modified it shall the immediate evacuation of any occupied building or remain in full force an d be complied with within the structure or assembly area when such building, time fixed in the order or decision of the Chief of the structure or assembly area is deemed hazardous due Fire Rescue Department. to fire hazard, obstruction to exits, overcrowding of (Ord. No. 98 - 45, § 2, 12 - 1 - 98) the premises, or any other hazard or potential which presents immediate danger to the occupants. The premises or any portion thereof, may not be Sec. 9 - 37. Investigation of causes of fires required; reoccupied until it has been examined and deemed free of the hazard or potential which caused the evacuation to be ordered. Perso ns refusing to obey either a verbal or written order of the Fire Marshal or designee shall be subject to immediate arrest. (Ord. No. 98 - 45, § 2, 12 - 1 - 98) Sec. 9 - 35. Service of enforcement orders. The service of such orders as are mentioned in these co des 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 The Fire and Life Safety Division of the F ire delivering the same to and leaving it with any person Rescue Department shall investigate the cause, origin in charge of the premises, or in case no such person is and circumstances of every fire, explosion, or fo und upon the premises, by affixing a copy thereof hazardous condition occurring in the city by which in a conspicuous place on the door to the entrance of property has been destroyed or damaged and, so far as such premises. Whenever it may be necessary to possible, shall determine whether the fire, ex plosion, serve such an order upon the owner of the premises or hazardous condition is the result of carelessness or such order may be served either by delivering to and design. Such investigations shall be begun leaving with such person a copy of such order, or, if immediately upon the occurrence of such fire, such owner is absent from the jurisdiction of the explosion, or hazardous condition by an inspector, officer making the order, by mailing such copy to the and if it appears to the officer making such an owner’s last known post office address. in vestigation, that such fire, explosion, or hazardous (Ord. No. 98 - 45, § 2, 12 - 1 - 98) 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 Sec. 9 - 36. Compliance wi th orders; appeal to Fire evidence, shall notify the proper authoriti es Chief. designated by law to pursue the investigation of such matters and shall further co - operate with the Any order served under the provisions of Sec. 9 - authorities in the collection of evidence and in the 35 shall forthwith be complied with by the owner or prosecution of the case. Every fire, explosion, or occupant of such premises or building. If such order hazardous condition shall be reported in writing to the is made by the Fire Marshal or one of the inspectors, Division of Fire and Life Safety of the Fire Rescue such owner or occupant may within 24 hours appeal Department within two days after the occurrence of to the Chief of the Fire Rescue Department, who the same. Such report shall be in such form as shall shall, within five days, review such order and file his be prescribed by the Fire Marshal, and shall contain a decision thereon, and unless by his statement of all facts relating to t he 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. Secs. 9 - 38 — 9 - 50. Reserved. (Ord. No. 98 - 45, § 2, 12 - 1 - 98) 1999 S - 10 Boynton Beach Code 12 ARTICLE IV. FIRE PROTECTION building with a disabled fire alarm and/or fire OUTSIDE CITY suppr ession system, the owner of the building shall pay the city its actual labor cost for providing the fire watch, plus an additional 20% of such costs for the Sec. 9 - 51. When rendered. expense incurred by the city in administering the fire watch. Fire Rescue Department personnel sha ll be No fire service shall be rendered outside the stationed on a fire watch detail only after reasonable municipal limits of the city by the municipal fire attempts to contact the owner or the owner’s forces except in the following cases: representative are unsuccessful, or if decided upon by the Fire Rescue Department and communicated to the ( a) To protect property located in a fire owner. Fire Rescue Department personnel wil l protection district or in a township, village or city continue the fire watch until either the system is having a contract with the city for fire protection. repaired and functioning, or until relieved by a responsible person as determined by the Fire Marshal. (b) To protect property within the city threatened by a fire outside the city. (b) Fire watch assessments are due within 30 days after the city mails the invoice to the owner. A (c) To protect city prope rty located outside the late payment penalty shall accrue at a rate of 5% per city. month, and prorated as necessary, for an assessment past due. The assessment of fire watch assessments (d) To provide mutual/automatic aid as does not in any way relieve the owner from paying provided by written agreement. any inspection or reinspection fees associated with the re - establishment of a functioning alarm and/or fire (e) In the event that Boynton Beach Fire suppression system. Rescue Department resources are requested by another municipality which has an agreement with a (c) It shall be unlawful for any person to fail or third - party age ncy for mutual aid services, and in the refuse to pay fire watch assessments when due. Any absence of an Interlocal Agreement or Mutual Aid person found guilty of violating this provision shall Agreement with the City of Boynton Beach, a fee in be subject to a fine equal to the fire watch assessment the amount of $2,000 per occurrence for up to one (1) and/or imprisonment for a term not exceeding 60 days hour service, and $500.00 per hour for each in jail. additional hour, s hall be charged to the municipality (Ord. No. 98 - 45, § 2, 12 - 1 - 98) requesting and receiving such services. Payment must be made to the city, in full, within thirty (30) days of invoice. Sec. 9 - 57. Standby fire and emergency medical (Ord. No. 98 - 45, § 2, 12 - 1 - 98; Ord. No. 00 - 08, § 1, 4 - 4 - 00) Secs. 9 - 52 — 9 - 55. Reserved. ARTICLE V. EMERGENCY FIRE WATCH; STANDBY COVERAGE Sec. 9 - 56. Emergency fire watch; disabled system. (a) Whenever, in the opinion of the Fire Marshal, it is es sential for public safety in any place (a) When the Fire Rescue Department finds it of public assembly or any other place where people necessary to station fire rescue personnel at a congregate, due to the number of persons, or the nature of the performance, exhibition, display, such place. Said city fire - rescue personnel shall be contest or activity, the Fire Marshal may require the subject to the Fire Marshal’s and/or his/her designee’s owner, agent or lessee to employ one or more off - orders at all times, when so employed, and remain on duty certified city fire - rescue personnel, as required duty during the times such places are open to the and approved by the Fire Marshal, to be on duty at public, 2000 S - 12 Fire Protection and Prevention 13 or when such activity is being conducted, including ARTICLE VI. COST RECOVERY FOR one hour before opening the area to the pub lic and SPECIAL OPERATIONS AND CLEAN - UP OF one hour after closing the area to the public. Before HAZARDOUS MATERIALS 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 Sec. 9 - 61. Definitions; authority and equipment is in proper working orde r, 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 conditi on. (b) 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, conte st 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 (a) For the purpose of this section, the his/her designee’s orders at all times, when so following words and phrases shall have the meanings employed, and remain on duty during the times such given herein: places are open to the public, or when such activity is being conducted, including one hour before opening Costs. Those necessary and reasonable costs th e area to the public and one hour after closing the incurred by the city in connection with investigating, area to the public. Before each performance or the mitigating, minimizing, removing or abating start of such activity, said city fire - rescue personnel discharges of hazardous substances, or in connection shall inspect all required fire and life - safety with costs incurred by any activity of the special or equipment to insure that such equipment is in pr oper tactical operations unit including but not limited to working order, and shall keep diligent watch for any actual labor costs of city personnel or its authorized emergency that should arise. Should any emergency agents; costs of equipment operation and rental; costs arise, the paramedic(s) and/or EMT(s) shall take of expendable items, including but no limited to whatever action necessary to protect the occupants firefighting foam, chemical extinguishing agents, and public from injury, illness or any life thr eatening absorbent material, sand, recovery drums, acid suits, condition. acid gloves, goggles and protective clothing. (c) For the provision of the services described Discharge. Any intentional or unintenti onal in subsections (a) and (b) above, the City of Boynton action or omission resulting in the releasing, spilling, Beach shall be entitled to a reasonable fee at a rate pumping, pouring, emitting, emptying or dumping of established by the Fire Rescue Department, as may a hazardous substance upon public or private property be adopted and subsequently amended by resolution located within the corporate limits of the city. of the City Commission. (Ord. No. 98 - 45, § 2, 12 - 1 - 98) Hazardous Substances. Any substances or materials in a quantity or form which in the determination of the Fire Department pose an Secs. 9 - 58 — 9 - 60. Reserved. 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 substanc es listed in the NFPA Guide on Hazardous (b) The Fire Rescue Department is hereby Materials or the EPA’s list of extremely hazardous authorize d to take such steps as necessary to clean up, substances, or the Florida Substance List remove or abate the effects of any hazardous promulgated by the state department of labor and substances discharged upon or into public or private employment security. property or facilities located within the corporate 2000 S - 12 Boynton Beach Code 14 limits of the city, and is authorized to use its special Secs. 9 - 62 — 9 - 64. Reserved. or tactical operations unit to effectively deal with specific emergencies, including, but not limited to, high - angle, confined space, and other forms of ARTICLE VII. CONTROL OF AUTOMATIC vertical rescue. ELEVATORS (c) Any person responsible for causi ng or allowing an unauthorized discharge of hazardous Sec. 9 - 65. General; key switch operation; 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. (d) 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. (e) 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 Fi re Department or its authorized agents. (f) 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 10% of the total amount of the bill for each additional day that the bill for such costs remains unpaid. (g) The remedy provided for in this section shall be supplemental to and in addition to all other available remedies by law and equity. (Ord. No. 98 - 45, § 2, 12 - 1 - 98) d ; e m e r g e n c y u s e . (a) In all buildings three stories or more in height, hereafter erected, which are equipped with automatic elevators, at least one designated elevator servicing all floors of the structure shall be arrang ed 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. (b) Existing elevators shall conform to the requir ements of ASME/ANSI A 17.3. (c) Elevators shall be inspected and tested as specified in ASME/ANSI A 17.3. (Ord. No. 98 - 45, § 2, 12 - 1 - 98) Secs. 9 - 66 — 9 - 70. Reserved. ARTICLE VIII. HAZARDOUS MATERIALS Sec. 9 - 71. Disclosure and safety requirements. (a) Definitions. For the purpose of this section, the terms listed below shall be defined as follows, provided however, references to statutes or regulations in existence at the time this section is adopted shall also include references to such statute s or regulations as they may be amended from time to time: (1) Carcinogen: refers to a substance which n s a r e t h o s e s u b s 2001 S - 15 Fire Protection and Prevention 15 on the li st developed by the United States Department of Health and Human Services in its Annual Reports on Carcinogens. (2) CAS Number: the unique identification name as assigned by the Chemical Abstracts Services to specific chemical substances. (3) Chemical name: the scientific designation of a substance in accordance with the International Union of Pure and Applied Chemistry of the system developed by the Chemical Abstracts Services. (4) Common name: a designation of identification such as code name, code number, trade name or brand name used to identify a substance other than by its chemical name. (5) Disclosure form: the "Hazardous Material Information Form" provided by the City of Boynton Beach Fire Rescue Department. (6) Environmental Review: All bu sinesses which would be located within the city shall state, as part of the occupational license application, whether the business would use, handle, store, or display hazardous materials or generate hazardous waste, as defined by 40 Code of Federal Regula tions, Part 261, in which case the business shall require a City Environmental Review Permit. (7) Handle: to generate, treat, use, or dispose of a hazardous material in any fashion. (8) Handler: any person who handles a hazardous material. (9) Hazard ous Material: any substance or product for which the manufacturer or producer is required to prepare a Material Safety Data Sheet (MSDS) for the substance or product pursuant to the Superfund I I , O c t o b e r , 1 9 8 6 a n d / o r C h a p t e r 2 5 2 , F l o r i d a S t a t u t e a n d C o m m u n i t y R i g h t - T o - K n o w A c t , J u l y , 1 9 8 8 , p r o v i d e d o u s m a t e r i a l o r h a z a r d o u s w a s t e u p o n a f i n d i n g b y t h i t y , c o n c e n t r a t i o n o r p h y s i c a l o r c h e m i c a l c h a r a c t e r i h e a l t h a n d s a f e t y o r t o t h e e n v i r o n m e n t i f r e l e a s e d i d e t e r m i n e t h a t o t h e r w i s e e x e m p t e d m a t e r i a l s s h o u l d b e e s u b m i s s i o n o f a d i s c l o s u r e f o r m . (10) Hazardous waste: any material that is i d e n t i f i e d i n t h e 3 1 - 2 6 1 . 3 (12) MSDS: a Material Safety Data Sheet 3 . (11) Health official: the Health Officer with a u t h o r i t y i n t h e C i t y o f B o y n t o n B e a c h , i n p a r a g r a p h ( 8 ) a b o v e . (13) Person: an individual, t rust, firm, joint s t o c (14) Physician: any person recognized as a k c o m p a n y , c o r p o r a t i o n , a l a w . (15) SIC Code: the identification number a s s i g n e d b y t h e S t a n d a r d I n d u s t r i a l C l a s s i 2001 S - 15 Boynton Beach Code 16 (16) Recovery: as defined in Palm Beach a. A change in business address. County Regional Hazardous Materials Response Plan. b. A change in business ownership. (17) Storage or storing the containment of c. A change in business name. substances or materials in such a manner as not to constitute disposal of d. Cessation of business operations. such substances or materials. e. The use or handling of a previously (18) Use: includes the handling, processing, or storage of a hazardous material. (19) User: any person who uses a hazardous substance or handles a hazardous waste. (b) Filing of a Hazardous Mater ial Disclosure Form. (1) Any person who uses or handles a hazardous material must semiannually, during the months of January and July, submit a complete disclosure form to the Boynton Beach Fire Rescue Department. (2) Any person who, during the calenda r year, for the first time becomes a user or handler of any hazardous material, must submit a completed disclosure form to the Boynton Beach Fire Rescue Department within fifteen (15) days of becoming a user or handler. Thereafter, any such user or handler shall comply with the provisions of Subsection (b)(1) above. (3) The City of Boynton Beach Fire Rescue Department may, upon written notice, require the submittal of a disclosure form of any user or handler. The user or handler shall submit a completed disclosure form within fifteen (15) days. f. A significant change in the us e, (4) Any person required to submit a disclosure form pursuant to this Section shall file with the Boynton Beach Fire Rescue Department an updated disclosure form within fifteen (15) days of any of the following: , o r m a n u f a c t u r i n g o f a h a z a r d o u s m a t e g. r The hazardous characteristics of every i a l f o r w h i c h r i a l d i s c l o s e d , i n c l u d i n g , b u t n o t l i m i t e d t o , t o x i c i b e r e q u i r e d b y a. To the Fire Rescue Department, any t h e F i r e R e s c u e D e p a r t m e n t . (5) Upon request, all users must provide the f o l l o w i n e n t t o b e n e c e s s a r y t o p r b. o To any physician, where the physician t e c t t h e p u b l i c h e a l t h , s a f a t i o n i s n e c e s s a r y t o t h e m e d i c a l t r e a t m e n t o f (c) Exemptions From Disclosure. The h following materials or i persons are exempt from disclosure requirements: s (1) Hazardous materials or substances o r o n t a i n e d i n f o o d , d r u g , c o s m 2001 S - 15 Fire Protection and Prevention 17 (2) Hazardous materials contained solely in (2) The Fire Rescue Department may direct that consumer pr oducts packaged for use by and distributed to the general public unless the product is repackaged or altered in any way; provided, however, the manufacture and distribution of these products are not exempt. However, pesticides, herbicides, and ammonium nit rate fertilizers over the required disclosure amounts are not exempt from disclosure. (3) Any person, while engaged in the transportation or storage of hazardous materials, within the provisions of Title 49 of the Code of Federal Regulations, Subchapter c, as exists or as hereafter amended or changed. (4) Infectious waste generated by hospitals, medical centers, clinics, and other health care facilities. (d) Identification of Areas; keyed lock box: identification placards. (1) When required by the F ire Rescue Department, any person submitting a disclosure form may be required to install an approved keyed lock box to store safety data sheets, floor plans, site plans, and building access keys for authorized use in the case of an emergency. If required by the Fire Rescue Department, the approved keyed lock box must be installed within ninety (90) days of receipt of a written notice from the Fire Rescue Department. The specifications and location of the required keyed lock box shall be as designated by th e Fire Rescue Department. The National Fire Protection Association (NFPA) Standard 704, Standard System for Identification of the Fire Hazards of Materials, shall be incorporated with the application of the keyed lock box to provide exterior warning symbol s for emergency responders. Hazardous materials identification placard(s) shall be installed in accordance with NFPA Standard 704. e d a t a n y t i m e . T h e C i t y s h a l l b e a r n o e x p e n s e f o r i n s s e c t i o n . (e) Record keeping; exemption from public disclosure. (1) Upon receipt of a disclosure form, the Fire R e s c u e D e p a r t m e n t s h (2) a Under the provisions of 252.88(3), Florida l l m a i n t a i n f i l e s a l l i n f o r m a t i o n , i n c l u d i n g b u t n o t l i m i t e d t o , s i t e m a t e r i a l s f u r n i s h e d t o t h e F i r e R e s c u e D e p a r t m e n t p u r t f r o m t h e p r o v i s (f) i Enforcement. The Fire Chief or designee is authorized and empowered to enforce the provisions o of this Chapter. The enforcement may include the n inspection of ha s zardous materials in use, storage, or disposal, review of hazardous materials records, the sampling and testing of hazardous materials and other o activities directly related to the enforcement of this f section. No person shall obstruct or interfere with the Fire Chief or designee in the performance of these § duties. 1 (g) 1 Violations. In addition to the penalties and remedies provided in Section 252.66, Florida 9 Statutes, any violations of the provisions of this . section shall be punishable as provided for in Sec 0 tion 2 - 91 and 9 7 - 61 of the City of Boynton Beach Code of Ordinances. ( (Ord. No. 00 1 - 73, § 1, 12 - 19 - 00) ) , Secs. 9 - 72 - 9 - 75. Reserved. F 2001 S - 15 Boynton Beach Code 18 2001 S - 15