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ORDINANCE NO. 07- 0 I ~
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING CHAPTER 9, "FIRE
PROTECTION AND PREVENTION," TO COMPLY
WITH THE FLORIDA FIRE PREVENTION CODE;
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach Fire and Life Safety Division has determined
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that it is necessary to amend Chapter 9 of the City's Code of Ordinances to comply with the
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Florida Fire Prevention Code; and
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WHEREAS, the City Commission has determined that it is in the best interests of the
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residents and citizens of the City of Boynton Beach to amend Chapter 9 of the Code of
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Ordinances to comply with the Florida Fire Prevention Code, pursuant to F.S. 633.025.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
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being true and correct and are hereby made a specific part of this Ordinance upon adoption
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hereof.
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Section 2. Chapter 9, Fire Protection and Prevention, is hereby amended as follows:
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Art. 1.
-ffi-General
Sec. 9-1 Penalty for violations.
Sec. 9-2 Enforcement authority.
Sec.9-3 Bovnton Beach Fire Code: fire codes adopted.
Sec.9-4 Examination of building permits.
Sec. 9-5 Report of fire.
Sec. 9-6 Automatic fire protection systems.
(Sec. 9-7 throUfZh 9-17 reserved)
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Art. 11.
Sec. 9-18
Sec. 9-19
Sec. 9-20
Sec. 9-21
Sec. 9-22
Sec. 9-23
Sec. 9-24
Sec. 9-25
Sec. 9-26
Sec. 9-27
Sec. 9-28
Sec. 9-29
Sec. 9-30
Sec. 9-31
Sec. 9-32
Sec. 9-33
Sec. 9-34
Sec. 9-35
Sec. 9-36
Sec. 9-37
Sec. 9-38
Fire Codes and Fees
Open burning.
Roadway security gates and emergency access.
Key boxes/entry systems
Fireworks
Fire inspection fees
Extension cords, control panels, and appliances
Fire lanes on private property: blocked roadways.
Barbecues and Open Flames on Balconies and Patios
Marking fire hydrants and fire department connections.
Requirements for high-rise buildings.
Bars over windows and doors.
Requirements for boat docks and piers.
Emergency Response Identification and Site Plan Mapping.
Emergency access roadways.
Fire protection water supply requirements.
Duct Detector Annunciation.
Tent requirements for assembly use.
Fire sprinkler systems.
Hot work operations.
Safeguarding Roofing Operations.
Carbon Monoxide Detection
(Sec. 9-39 through 9-49 reserved)
Art. III.
Sec. 9-50
Sec. 9-51
Sec. 9-52
Sec. 9-53
Sec. 9-54
Sec. 9-55
Sec. 9-56
Sec. 9-57
Sec. 9-58
Fire and Life Safety Division
Establishment of Division: Purpose, duties, and responsibilities.
Staff.
Authority to enter property for inspection.
Inspection of nonresidential and multi-family occupancy premises
generally: enforcement orders.
Inspections involving special hazards, fire alarms and sprinkler
systems: enforcement orders.
Inspections complaint: order to remedy danger: evacuation of occupied
buildings or structures.
Service of enforcement orders.
Compliance with orders: appeal to Fire Chief.
Investigation of causes of fires required: procedures.
(Sec. 9-59 through 9-69 reserved)
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Art. N.
Fire Protection Outside City.
Sec. 9-70
When rendered.
(Sec. 9-71 throu)!h 9-81 reserved)
Art. V.
Fire Protection Impairments: Emergency Fire Watch: Standby Coverage
Sec. 9-82
Sec. 9-83
Sec. 9-84
Fire protection system impairments
Emergency fire watch for impairments.
Standby fire and emergency medical coverage.
(Sec. 9-85 through 9-95 reserved)
Art. V1.
Cost Recovery for Special Operations Due to Code Violations, Specified
Operations, and Clean Up of Hazardous Materials.
Sec. 9-96 Cost recovery program for incidents due to negligent, unlawful or
unauthorized acts.
Sec. 9-97 Cost recovery for special operations and clean up of hazardous
materials.
(Sec. 9-98 throu)!h 9-108 reserved)
Art. VII. Control of Automatic Elevators
Sec. 9-109 General: key switch operations: capacity: access keys: instructions
posted: emergency use.
(Sec. 9-110 through 9-120 reserved)
Art. VIII
Hazardous Materials and Toxic Substances
Sec. 9-121
Sec. 9-122
Fire department hazardous materials permit.
Disclosure and safety requirements.
(Sec. 9-123 through 9-133 reserved)
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(b)
ARTICLE I. IN GENERAL
Sec. 9-1. Penalty for violations.
(a)
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, FS
633.171. FS 162,Sec. 2-83, and Sec. 9-1.
(b)
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. I 6, Sec.
2 83, afld 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.
Sec. 9-2. Enforcement authority.
(a)
All regulations issued by the State Fire Marshal under authority of Florida Statutes
Chapter 633, shall be enforceable by the Fire Chief. proper authorities of the city., and
the Fire Marshal, or designee,. appointed by the Fire Chief. The Fire Marshal 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 Marshal are authorized to enforce this law and all rules
prescribed by the State Fire Marshal 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. as specified in FS 633.101.
34 (c) Periodic Fire Safety Inspections
35 The Florida Fire Prevention Code, Chapter 69A-60.007 and Section 633.025, F.S.,
36 provides that each municipality, county, and special district with fire safety
37 responsibilities is required to enforce the Florida Fire Prevention Code. Such
38 enforcement requires inspection of each new building subject to the Florida Fire
39 Prevention Code and includes periodic inspections of each existing building subject to
40 the Florida Fire Prevention Code.
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No such building shall be occupied without the required fire safety inspection. The
frequency of the inspections shall be annually, or as otherwise determined by the Fire
Marshal. A fire safety inspection shall not be conducted when previous fire inspection
fees, fines, or other penalties remain unpaid. A building occupied in violation of this
section is subject to a fine of $500.00 per day. Each day constitutes a separate and
continuing offense. The City may enforce this provision of the Code by action before
the Code Enforcement Board, by notice to appear for violation of a municipal
ordinance, or by action for injunctive relief. The fines provided herein are in addition
to the penalties authorized by Florida Statute Section 205.053
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11 A property owner who is thus denied a fire safety inspection may, within five business
12 days of the denial, appeal the denial to the City Manager. Within seven business days
13 of receipt of the appeal, the City Manager or hislher designee shall review the
14 application, the denial, and any information the applicant discloses in its written
15 appeal and either sustain or reverse the City's denial. In the event the denial is
16 sustained in whole or in part, the applicant may appeal the decision of the City
17 Manager to the Building Board of Adjustment, which shall conduct an evidentiary
18 hearing. The decision of the Building Board of Adjustment shall be final and shall
19 only be subject to review by writ of certiorari to Palm Beach County Circuit Court.
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Sec. 9-3. Bovnton Beach Fire Code; fire codes adopted; standards.
There is hereby adopted by the city for the purpose of prescribing regulations go':erning
conditions hazardous to life, property and the environment the national fire codes including all
revisions and updates thereof made from time to time.
(a) Pursuant to FS 633.025 the city hereby adopts the Florida Fire Prevention Code. The
Florida Fire Prevention Code and the requirements specified in this chapter of the city
ordinances NFP AI, Fire Prevention Code, 2000 Edition is hereby adopted by
reference as if set out in its entirety herein. NFP}.. 1, Fire Prevention Code, 2000
Edition as amended in the following chapters and sections and NFP}.. 101, Life Saf-cty
Code, 2000 Edition, shall constitute and be known as and may be cited as the Boynton
Beach Fire Code hereinafter referred to as "this code."
(b) 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.
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I (c) 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 accepted standards of good practice shall be evidence of
compliance with the intent of this code.
(d) 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.
(e) 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.
(f) 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.
(g) 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.
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.
(b) 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.
(c) No building that requires a Certificate of Occupancy (CO) from the Building Official
shall be occupied for any purpose until a Fire Department Occupancv Authorization
form has been sigfied by the Fire Marshal or Fire Chief.
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(Q) Nothing in this section shall apply to single-family or duplex residential units.
Exception: Fire sprinkler systems. )!enerators. or )!as installations.
(e) Effective January 1, 2008 all submittals for fire department review of new construction
proiects over 10,000 square feet or with multiple structures shall include an electronic
COpy of the plans compatible with fire department software.
Sec. 9-5. Report of fire.
(a) 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.
(b) 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.
Sec. 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.A new building or structure, for purposes of this section, means a building or
structure for which an application for building permits is sought after the date of the adotpion
of this ordinance.
(a) Section 7 1.2: A. All systems, equipment, tanks, pIpmg, 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 and design function for which installed.
DU B-c All automatic fire protection systems (i.e. 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 codes and standards.
specified under this Fire Prevention Code and N.F.P.f... 13, N.F.P..\. 13R, N.F.P.A.
14, and N.F.P.f... 25.
W& The service company performing the maintenance and tests shall forward a written
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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
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 new 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 1 standpipes to provide reasonable safety to persons and property
(e)B-c For purposes of this section, height is measured from the lowest point of entry fuH.sh
ground floor grade to the underside of the topmost roof assembly.
(f)c. Eyidence that such standpipes have been installed in accordance with the applicable
standards specified for this section under of the Fire Preyention Code shall be evidence
that such installations provide reasonable safety to persons and property.
(c) Section 7 3.2:
A: Approved automatic fire sprinkler systems as hereinafter defined shall be installed
throughout hereinafter constructed the following buildings and structures: ef
appropriate sections thereof:
1. The f-ollov,'ing 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.
2. All wood or partial wood frame buildings or structures which are 2 stories or
more than twenty feet (20') in height as measured from finish ground floor
grade to the underside of the topmost roof assembly.
3. 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 (30') in height as measured from the lowest point of entry fuH.sh
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 8,000 12,000 square feet per floor.
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5. 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.
~ Single family homes and duplexes shall be exempt from this requirement.
B. The automatic systems herein referred to and the installation thereof v/hich is required by
this ordinance shall be contained in and pro'lided for with the applicable standard specified for
this section under of the Fire Prevention Code.
See. 9 7. Inspeetion test reeords.
A hard copy of all inspection, maintenance and test records shall be provided to the AHJ
immediately after completion of the following:
(a) Fire pump;
(b) Fire alarm;
(c) Fire suppression;
(d) Fire detection;
( e) Fire sprinkler;
(f) Fire standpipe; and
(g) All others required by the NFP A or other applicable codes, standards or statutes.
(Sec. 9-7 through 9-17 reserved)
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ARTICLE II FIRE CODES AND FEES
Sec. 9--l-J 18. Open burning.
(a) Defined. Open burning is defined as any outdoor fire or open combustion of material.
except barbecuing. Charcoal and propane fires. which are contained within a
manufactured hibachi, grill, smoker or gas grill for food preparation, do not constitute
open burning.
(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. (See Sec. 9-1 for
penalties. )
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3 Sec. 9 1 ~. Supplementary lighting system in places of assembly.
4 The minimum requirements shall bc as required by the Fire Marshal:
5 (a) All security/entranoe gates must have an electronic key number pad or an approved
6 alternative.
7 (b) The keypad '.vill allow entrance by the simplc act of pushing four (~) or five (5)
8 buttons.
9 (c) All gates must haye a security entry code approved in advance by the Fire Marshal.
10 (d) Gates may be operable by telephone from our dispatch officc. 1\ phone call from our
11 dispatchers will open the gate and a second call will be required to close the gate.
12 (e) In case of power failure, the eleotronic gate shall open cmtomatically and rcmain
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14 (f) l\n exception will be where a 2~ hour security guard is stationed at the gatc.
15 (g) .^.. back up deyice such as an authorized security box or kcy s\vitch is required to
16 operate the gate in the event the number pad efltry does not '.vork.
17 (h) No other code numbers, operating methods. or key systems will be kept on
18 file by the Fire Rescue Department.
19 (i) In the event that our units are unable to gain rapid entry ..vith the above methods, it
20 will required the use of raid forcible entry methods to gain entry. The city and/or the Firc
21 Rescue Department shall not be responsible for, nor incur any costs as a rcsult of, gaining
22 acoess to a specific area.
23 G) Information on vlhere authorized key sccurity boxes can be obtained is available from
24 the Fire Rescue, Fire and Life Safety Di'.'ision.
25 (k) Failure to comply '.vill result in the violation of Section 9 3F of this code.
26 (1) Failure to notify the Firc Marshal of alluncmthorized change to the operating system
27 or other violation of this Section shall result in a fine of$lOO.
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30 Roadwav security I!ates and emerl!encv access.
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32 All security gates across roadways used by emergency response vehicles must be provided
33 with an authorized key box or key switch to operate the gate in addition to any other devices
34 specified by the Fire Chief. Information on where authorized key security boxes can be
35 obtained is available from the Fire and Life Safety Division.
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37 In case of power failure, any electronic gate shall open automatically and remain open until
38 power is restored.
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40 In the event that emergency personnel are unable to gain rapid entry with the methods above,
41 forcible entry methods to gain entry may be used. The city and/or the Fire Rescue Department
42 shall not be responsible for, nor incur any costs as a result of, gaining access to a specific area.
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1 Trees with branches over areas accessible to fire apparatus must maintain fourteen feet of
2 vertical clearance. Vegetation shall not intrude into the roadway such that would limit the free
3 passage of emergency vehicles.
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Sec. 9-20 -Me 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
fire fighting 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;
(b) Keys to locked mechanical equipment rooms;
(c) Keys to fire alarm control panels:
(d) Keys to suppression system components:
(e) Keys to locked electrical rooms;
(f) Keys to elevator controls; and
(g) Keys to other areas where fire rescue personnel may need emergency access as
directed by the Fire Marshal. The Fire Marshal shall approve the location of the lock
box.
Sec. 9 16. Bulle 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 Na'/igation Distriet Caflal; on the north
by the Boynton Canal; on the west by Seaboard .^..ir Line Railroad; and on the south by
'Noolbright Road (SW 15 Avenue). Sueh bulk storage is also prohibited within 1'.'10 hundred
fifty (250) feet of U.S. High','/ay No. 1, and within fire hundred (500) feet of any Chl:lfch,
school, theater, or other publie gathering place, or similar type bl:llk storage tank installation
located on any noneontig1:1ous parcel. Any building permit issued for the construction of bulk
storage tanks eontemplated hereinabove, shall be subject to the imposition of any reasonable
safety reql:lirements deemed neoessary by the city commISSIOn dietated by the physical
location of the proposed site of such tanks.
Sec. 9 17. Penetration of firewalls and fire breaks.
.^..ny material penetrating a fire break or fire '....all shall have the equivalent firo rating of
that break or "vall which is penetrated.
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3 Sec. 9-21 t-8. Fireworks.
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5 This section may be cited as "The Boynton Beach Fireworks Ordinance."
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7 (a) The term Fireworks shall mean and include any combustible or explosive
8 composition, or any substance or combination of substances, or article prepared for the
9 purpose of producing a visible or an audible effect by combustion, explosion,
10 deflagration or detonation, as defined by Florida Statutes Ch. 791.
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12 (b) The Fire Marshal may adopt reasonable rules and regulations for the granting of
13 permits for supervised displays of fireworks by the city, fair associations, civic groups,
14 and other organizations or groups of individuals. Such permits may be granted upon
15 application to the Fire Chief after the filing of a bond by the applicant as provided
16 herein. Every such display shall be handled by a competent operator and shall be of
17 such composition and character and shall be so located, discharged or fired in a
18 manner not to be hazardous to property or endanger any person. After the issuance of
19 such a permit, sales, possession, use and distribution of fireworks within the city for
20 such display shall be lawful for that purpose only. No permit granted hereunder shall
21 be transferable.
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23 (c) A bond shall be required from the applicant in a sum no less than $1,000 conditioned
24 on compliance with the provisions of this section and the regulations of the Fire
25 Marshal adopted hereunder.
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27 (d) Before the issuance of a permit for a display of fireworks, the applicant shall furnish
28 proof of financial responsibility to satisfy claims for damages to property or personal
29 injuries arising out of any act or omission on the part of the applicant or any agent or
30 employee thereof, in such amount, character and form as the Fire Marshal determines
31 to be necessary for the protection of the public.
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33 (e) No permit shall be issued under the provisions of this section to an applicant not
34 having an established place of business within the state for conduct of a display of
35 fireworks until the applicant has fulfilled the legal requirements for service of process
36 upon the person or entity seeking a permit. In the case of a corporation, proof of
37 registration with the Secretary of State, as a nonresident corporation shall be required.
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39 (f) The Fire Chief, Fire Marshal, or the Police Chief shall seize, take, remove or cause to
40 be removed at the expense of the owner all stocks of fireworks stored or held in
41 violation of this section, and shall dispose of the fireworks in the manner deemed safe
42 by the Fire Marshal when the fireworks are no longer required as evidence of a
43 violation of this section.a
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(g) During times of water shortages or water shortage emergencies, as determined by the
South Florida Water Management District and/or the City and defined in Chapter 40E-
21, Florida Administrative Code, as it may be amended from time to time: the
possession, use or sale of consumer fireworks, including sparklers as defined in FS
791.01(8), is prohibited within the city limits without a permit as discussed above.
I {h} Any person or entity violating the provisions of this section shall be punishable as
provided in Sec. 9-1 and Sec. 1-6.
(h) .^..ny person. firm, partnership or corporation engagmg m the sale, distribution or
manufacturing of firev/orks or sparklers must first apply for and secure a permit from the Fire
Marshal.
(1) The application for such permit shall inch:lde proof that the applicant is registered
with the Diyision of the State Fire Marshal.
(2) In addition, the temporary retail sale of sparklers requires a city occupational
license.
(i) Before any permit, as provided by this section, shall be issued by the Fire Marshal for
sale of fire'.vorks or sparklers, such applicant shall file 'lIith the Fire Marshal a performance
bond or similar security as set forth in division @.
(1) Such security shall be appro':ed by the City .^..ttomey's Office and the Finance
Department.
(2) The conditions of such security shall be that:
a. The permit holder will pay aU costs and judgments that may be rendered against
said permit holder by a court of law for a 'liolation of said ordinances or statute regarding the
sale of fire\vorks or sparklers;
b. The permit holder shall pay the cost ofpro'liding seeurity at the site(s), pursuant
to court order, in the event of the arrest or detention of the permit holder's employees). or
agent(s), f-or violation of this section, which arrest or detention results m the site being
unmar..ned by the permit holder's employee(s) or agent(s).
(j) Record of sales and exemptions.
(1) In order to verify complianee '.vith F.S., Chapter 791, and this section, the seller of
fireworks must obtain the name and address of each purchaser of fireworks, check a photo
identification. and keep a record of the names, addresses and form of proof of photo
identification.
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(2) The seller must maintain, on site, this reeord for all fire'./orIes sales, which
inclMdes the name and address of pur-ehase, and the f-orm of identification.
(3) These records shall be maintained on site and be made available during business
hours for immediate on site inspection by a Fire Marshal and/or the Police Department or
other la'.v enforcement agencies.
(1) The reoords shall be maintained for a period of twelve (12) months from the last
entry in the record.
(5) Should the site olose or be yaeated within this tweh'e month period, the permit
holder shall maintain the reoords f-or the remainder of the hvelye month period.
(Ie) Any yiolation of this section shall subject an offender to arrest pursuant to F.S., ~
901.15, and prosecution pursMant F.s., ~ 125.69.
Sec. 9-22!9. Fire inspection fees.
(a) A fee in the amount of $.~ .060 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.
(b) The following permit fees for fire protection systems are required:
(1) Fire detection and annunciation systems: ~
Less than 5000 sq. ft. $35
Greater than 5000 Sq. ft. $50, plus $10 for each 1000 additional square feet
over 5000.
(2) Fixed fire suppression systems (halon, wet/dry chemical systems, etc.): $~.
35 per hour, $35 minimum.
(3) Hazardous, flammable or explosive materials: $25.35.
(4) Plan revie\y ofspeoial occupancies in addition to normal plan review fees:
Per hour fee $35
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Minimum fee $35
Maximum fee $245
(M) The plan review fee shall be four (4) times that specified in this table, should
work commence prior to the fire plan review and approval as required by the
Fire Marshal Official.
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Change of plans: 50% of original fee $35.
(6) Fees for new construction, alteratioN, or renovation shall be in the amount of
$0.029 per square f-oot, if provided with a fully automatic fire protection
system tMoughOHt the building.
(6) The following inspection fees are required:
(1) Minimum permit fee: $25.
~ Reinspection fee, due to violation, incompletion, lack of accessibility, or
deviation from approved plan. Following the initial inspection, one
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: $~50.
b. Second reinspection due to incompletion, lack of accessibility, or
deviation from approved plan: $W 100.
c. Third and subsequent reinspection(s): $+00 150.
(c)
Annual inspection fees. There is hereby established a fee structure for annual fire and
safety inspection activity conducted by the fire rescue department Fire & Life Safety
Division 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:
(1) 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
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but not including restaurants, cafes, and public eating places.
a. First 1,000 sq. feet: $# 50.
b. Each additional 1,000 sq. feet: $~ 8.00.
c. Tents, canopies and temporary structures: $# 35.
d. Churches up to 10,000 square feet: $45.
e. Churches over 10,000 square feet: $45 plus 8$ for each additional 1000
square feet over 10,000.
(2) Multi-family building (includes hotels, apartments, cooperatives,
condominiums, and boarding houses renting furnished or unfurnished rooms or
apartments).
a. Three to 24 units: $#-;50
b. Twenty-five to 38 units: $M 75.
c. Thirty-nine units and over: to 100 units: $~. 100
d. Each unit over 100 is $10 additional.
(3) Restaurants, cafes and public eating places:
a. Seating capacity up to 15: $~ 35.
b. Seating capacity from 16 HJl to 50: $# 50.
c. Seating capacity from 51 to 100 over 50: $~ 100
d. Seating capacity over 100: $200
(4) Educational:
a. Nursery day care: $35.
b. All others: $75.
(5) All others not classified above: $# 50.
(6) Businesses or professional individuals sharing one office suite or bay shall be
charged only one fire inspection fee.
(7) The fees established in division (c), (d), and (e) shall accrue annually.
(8) }u.~..nMal fire inspection fees shall not exeeed $150
(e)
A..'Hlual inspeetion of fire deteotion and annunciation systems: $15 per occupancy.
Waterlhydrant flow test: $~300.
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(f) Facilities (g) Structures or systems requiring more than one inspection per year,
excluding reinspections, shall be charged 50% of the original fee but not less than $~
35.
(h) Structures with fully automatic fire protection throughout will ha'le their arJlual
inspection fee reduced by one half (50%)
(g) Nothing in this section shall be applied to governmental entities.
Sec. 9-l() 23. Extension cords, control panels, and appliances.
(a) Temporary use. Extension cords shall not be used as a substitute for permanent
wmng.
(b) Conditions of use. Extension cords are permitted only with portable appliances or
fixtures. While in immediate use:
(l) 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.
(2) The current capacity of the cord shall not be less than the rated capacity of the
appliance or fixture.
(3) The extension cord shall be maintained in good condition without splices,
deterioration or damage.
(4) The extension cord shall be of the grounded type when servicing grounded
appliances or fixtures.
(c) 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.
(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 National 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. A minimum of 1 ft. clearance shall be maintained
to the top, bottom, and sides of each panel.
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Non-approved appliances. 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.
(g)
Exception. Low voltage wiring, such as communications and signal wiring.
(h)
Temporary wiring.
(1)
Temporary wiring for electrical power and lighting installations shall be
permitted during the period of construction, remodeling, repair or demolition
of buildings, structures, equipment, or similar activities.
(2)
Temporary wiring for electrical power and lighting installation shall be
permitted for a period not to exceed 90 days for Christmas decorative lighting,
carnivals, and similar purposes. and f-or experimental de'lelopment v,'ork.
(3)
When temporary wiring is attached to a structure, it shall be attached in an
approved manner.
(i)
Electrical motors. All electrical motors shall be maintained in a manner free from the
accumulations of oil, waste, and other debris, which will interfere with required motor
ventilation or create a fire hazard.
Sec. 9-U 24. Fire lanes on private property; blocked roadways.
(a)
For the purposes of this section:
Fire Lane. 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 fire fighting and rescue operations nearest to, a building or
structure.
(b) 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..J!!!Y fire truelc.s or ather 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.
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After notification by the Fire Marshal of the necessity to establish one or more fire
lanes 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 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 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 net b me sist t . th th
, e on en WI e
Manual on Uniform Traffic Control Devices of the State Department of
Transportation. The Fire Marshal shall prescribe a uniform sign design for such signs.
(f) It 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.
Sec.9-U.25 Use of charcoal stoyes; other de'/ices lacking proper '..entilation.
It shall be unlav,ful f-or any person to use or cause to be used an)' charcoal grill or
sto'les; gasoline sto'/e or heater; liquefied petroleum gas grill or sto'/e; or afl)' similar heating
or eooking applianee on any balcony, within any screened enclostlre; m any corridor or
hallv..ay or ....ithin the confines of any building or struetlH8 ':(:hen sueh spaces are not pro'/ided
with saf-egaards to insure adequate yentilation. .All such cooking appliances and devices shall
be used and operated a suffieient distance from any eombustible 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 direotly under an
overhang of any structlHe regardless of the distance removed from combustible materials.
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Barbecues and Open Flames on Balconies and Patios.
The use of any type of grill that produces an open flame is prohibited from being used on the
balcony, porch or rooftop of any multi-family dwelling with three or more units. No propane
tanks may be stored within such multi-family dwellings or on balconies, porches, or rooftops.
A barbecue grill may be used on ground level at a multi-family dwelling as long as the grill is
more than fifteen (15) feet from the nearest overhang or any other part of the dwelling.
Sec. 9-~26. Markini! fire hydrants and fire department connections.
ill Reflective blue markers shall be placed to indicate the location of a hydrant.
(b) Reflective red markers shall be placed to indicate the location of fire department
connections to a sprinkler or standpipe system.
(c) Fire Hydrants shall be painted red in accordance with specifications approved by the
Fire Chief.
Sec. 94427. Requirements for high-rise buildings and buildings with six or mare
stories.
(a) Enforcement of application. The high-rise regulations set forth in this section shall be
enforced by the Fire Marshal. These regulations shall apply to all buildings, which
have floors used for human occupancy located seventy-five (75) feet or more above
grade., and all bl:lildings of six (6) or more stories used f-or human occupancy.
(b) Certificate of Compliance.
(1) No Certificate of Occupancy shall be issued for a high-rise building era
building of six (6) or more stories, unless a Certificate of Compliance,
as described herein, is first issued by the Fire Marshal.
(2) The following life safety features shall be provided and maintained in working
order by the property owner in accordance with approved plans and
specifications and shall be tested, certified and proved to be in proper working
condition at the owners cost to the satisfaction of the Fire Marshal before
Issuance of the Certificate of Compliance.
a. Firefighters Breathing Air Replenishment System. The requirements of
the Uniform Plumbing Code (2006) regarding the Firefighter Breathing
Air Replenishment System (Standard IAPMO IGC 220-2005) is hereby
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adopted. A system capable of supplying breathing air to multiple levels
of the structlHe for the purpose of filling breathing air bottles shall be
provided. The system It-shall be designed to meet Fire Department
needs.. as deseribed in the Fire Depar1lHoot Design Guide; be tested
annually.. and maintained at the expense of the owner. It shall be for
Fire Department use only.
b. Equipment storage rooms. Equipment rooms or areas as described in
the Fire Department Design Guide, for purpose of storing equipment
for Fire Department use shall be provided.
c. Stairwell doors. Stairwell doors shall remain unlocked to allow entry
to each floor above the first floor from the stairwell.
d. Administrative controls. Administrative controls shall be provided as
deemed appropriate by the Fire Marshal. This typically includes
evacuation! identification maps, door labels, impairment controls, etc.
e. Master keys. Multiple master keys fitting all common area doors shall
be provided.
f. Rappelling anchors. Anchor devices meeting Fire Department
requirements as described in the Fire Department Design Guide shall be
placed on the roof and used by the Fire Department for rappelling
purposes.
g. Suppression connections and control valves. The location of Fire
Department connections and fire suppression control valves shall be
approved by the Fire Marshal.
h. Communications. The systems and devices used to provide voice
information to building occupants and among emergency personnel
shall be approved by the Fire Marshal.
1. Ek'.'tlters. Ele'o'ators shall be of adequate size and configuration to
accommodate the needs of the Fire Department. as described in the Fire
Department Design Guide.
Smekc contrels. Stainvays and areas important to life safety shall be
provided with adequate smoke control features as determined by the
Fire Marshal.
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2 Sec. 9-28. Bars over windows and doors.
3
4 Any newly installed windows and doors with security bars shall be equipped with quick-
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re ease eVlCes to a ow t em to e opene Imme late y m an emergency. ese eVlces
operate from inside and allow the bars to be opened for emergency escape. The quick-release
devices shall be easy to open without the use of a key, detailed knowledge, or great physical
effort.
Sec. 9-29. ReQuirements for boat docks and piers.
Construction
Purpose: To provide a reasonable degree of safety to the general public, emergency response
personnel. and others who use a docking facility or pier, in coni unction with fire and life
safety features and firefighter safety.
Scope: This ordinance shall apply to all docking or pier facilities that are part of any
commercial establishment, or any docking or pier facility that is used by the public, whether
or not a fee is charged for such use.
Piers and docks and any stairway or ramp or walkway leading to a dock or ramp shall have a
railing at least 38" high. continuously along the side of the dock or pier that faces water.
Height shall be measured from the surface of the dock used for foot travel.
Vertical guards shall be provided continuously for the full length of the railing. The guards
shall be spaced so that a sphere of 4" will not pass between them. Where a space is
designated for boats to discharge passengers, a gate that is equal to the height of the railing
shall be provided. This gate shall be kept closed unless being used for passenger discharge or
the unloading of goods. If a dock. pier, or any walkway leading to a dock or pier is
constructed of planking, the planking shall be installed so that there is no more than 1/8"
between planks.
Fire Protection
All dock or piers that do not abut land shall be provided with a wet or dry standpipe system
for firefighting purposes. Any hose outlet shall be capable of supplying 250 gpm. The
standpipe shall be designed by a licensed fire sprinkler contractor and approved by the Fire
Marshal.
Lighting shall be provided along the entire length ofthe dock, pier, or walkway so that no less
than 0.1 foot-candle is available at the walking surface.
Sec. 9-30. Emergencv Response Identification and Site Plan Mapping.
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The owners of all properties having a building thereon shall install and maintain in a
conspicuous place a correct street number of sufficient size (Minimum of 4-inch for
residential and 6-inch for commercial), shape, and character as to be visible and readable by
emergency personnel approaching from any direction. The owners of all properties that are
subdivided into suites or bays shall install and maintain in a conspicuous place suite and bay
designations that are likewise visible and readable by emergency personnel approaching from
any direction.
Facilities that have multiple entrances shall designate each entrance with an identifier so
responding emergency personnel will know to gO to the specific entrance closest to the patient
or emergency.
Prior to the final new construction inspection by the Fire Department, the developer, architect,
or contractor must provide the following:
. All necessary information required for emergency response to the buildings, structures,
or units.
. A site plan indicating "For Emergency Response Identification and Mapping."
. The site plan must reflect all the buildings/structures on the property and the
building( s) orientation to driveways and labeled streets.
. If applicable, the site plan must also identify all suites or units.
. One paper COpy 11 inches by 17 inches.
. One AutoCAD or digital CD suitable for use by G.1.S.
Sec. 9-31. Emen!encv access roadways.
Emergency access roadways at construction sites must be firm and unyielding, having a
bearing value of not less than 40 (i.e. LBR 40), compacted to 98% of the maximum density as
determined by AASHTO T180. in accordance with the FDOT Standard Svecifications for
Road and Bridge Construction (2000) Division It Section 160, STABILIZING. A copy of the
test results shall be provided and accepted prior to above grade construction. Testing
frequency shall not be less than that specified in the FDOT Samvlin)!. Testin)! and Revorting
Guide. or as required by the Fire Marshal. The roadway shall be maintained free from ruts,
depressions, and damage. and at the required bearing value for the duration of it's intended
use.
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Roadways determined by the Fire Marshal to provide emergency vehicle (fire and EMS)
access to occupied structures or structures that are under construction, must be of sufficient
width (tvpically 50ft.) to allow emergency vehicles unencumbered access even when vehicles
are illegally parked.
Sec. 9-32. Fire Protection Water Supply Requirements.
In accordance with NFPA 24 (2003) Section 5.1.3, design of water based suppression systems
that are not supplied by fire pumps, shall be based on drought conditions (45 psi static per the
Utilities Department).
New construction proiects must provide the results of a hydrant flow test performed by the
Fire Rescue Department, indicating a fire flow not less than 1500 gpm @ 20 psi above
domestic use. This applies to new or existing hydrants within the required 200 ft. of the
facility per LDR 6-16.
The required fire flow for hydrants protecting high-rise buildings shall be 3000 gpm @ 20 psi.
above domestic use.
Hydrants not in service (no water available) shall be covered with a black plastic bag so as not
to be mistaken for active hydrants available for fire suppression.
Sec. 9-33. Duct Detector Annunciation
Where an approved fire alarm system is installed in a building, HV AC duct detectors shall be
connected to the fire alarm system. Smoke detectors used solely for closing dampers or for
heating, ventilating, and air-conditioning system shutdown shall not activate the building fire
alarm. They are to be identified as "Supervisory" only.
Unless part of an Engineered Smoke Control System. all HV AC systems in a fire area shall
shut down when any duct detector activates.
Sec. 9-34. Tent Requirements For Assemblv Use
a) A supplemental lighting system in addition to the regular system for emergency
lighting is required.
b) A certificate of flame retardant fabric is required to be provided to the authority having
iurisdiction.
c) A confirmatory field inspection is required after the tent is erected and prior to use by
the public to confirm flame resistance.
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1 d) The storage of flammable liquids or the use of combustible materials, not flame
2 retardant treated, are not permitted inside the tent. There will be no smoking or open
3 flame allowed inside the tent.
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5 e) A method to provide for emergency communications shall be provided.
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7 f) A ten-pound ABC fire extinguisher will be prominently displayed and persons
8 operating the assembly shall be trained.
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10 (g) The public will be protected from tripping hazards and all electrical connections shall
11 be enclosed.
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13 (h) Applicable building permits and inspections shall be required. Permit applications
14 shall include flame-spread information, location of tent relative to other structures, and
15 the time period the tent is to be used.
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17 (i) Generators are not permitted to be within 10 feet of the tent.
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19 Sec. 9-35. Fire Sprinkler Systems
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21 Water meters are prohibited on fire sprinkler supply lines.
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23 Sec. 9-36. Hot Work Operations
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25 (a) Welding, cutting, and other hot work shall comply with NFPA 5IB, Standard for Fire
26 Prevention Durin)! Weldin)!. Cuttin)!, and Other Hot Work.
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28 (b) No such work shall be conducted without the issuance of a written Hot Work Permit
29 per NFPA 51B.
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31 ( c) A Fire Watch shall be required in accordance with NFP A 51 B.
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33 Sec. 9-37 Safeeuardine Roofine Operations.
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35 All roofing operations involving heat sources and hot processes shall not commence until a
36 roofing permit has been issued by the Fire Rescue Department.
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38 Sec. 9-38 Carbon Monoxide Detection
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40 DwellinQ units that contain fuel-burning appliances or firenlaces, have attached garages. or
41 receive temporary electrical power from portable generators. shall comply with the 2005
42 edition of NFPA 720. Standard for the Installation of Carbon Monoxide (CO) Warning
43 Equivment in Dwelling Units.
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ARTICLE II1. FIRE AND LIFE SAFETY DNISION
Sec. 9~ 50. Establishment of Division; authority of Chief; d
Fire Marshal; appointment, title, and tenure of inspeetors.
Responsibilities.
esignation and tenure of
Purpose. Duties. and
.L 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.
2 The division was established to vrevent fires that result in loss of life. serious injury.
excessive vroperty loss and business interruvtion; the division shall be diligent stewards of
the resources provided; the division shall fairly and consistently enforce the fire vrotection
statutes of the city and state; and shall represent the city with the utmost intezrity. honor. and
professionalism.
1. 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 followmg:
(a) The prevention of fires through:
(1) Inspections.
(2) Plan reviews.
(3) Public education.
(4) Enforcement.
(b) The storage and use of explosive, flammable, hazardous materials, and toxic
substances.
(c) The installation and maintenance of automatic and other private fire alarm systems and
fire extinguishing and protection equipment; control of impairments to these systems.
(d) 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.
(f) The Fire Marshal, and such personnel 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.
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(g) 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.
Sec. 9-51. Staff
L The Chief shall establish appointment criteria and designate a person to serve 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 Departmeflt as Inspectors, to be known as
Assistant Fire Marshals, as neeessar/.
2. The Chief Fire Marshall shall establish appointment criteria and shall recommend to
the City Manager Fire Marshall the employment of one or more Assistant Fire
Marshals/Investigators, who, sufficient staff to accomplish the division's purposes,
,,:hen such authorization is made, shall be selected, for the position. The examination
shall be open to members of the Fire Rescue Department, as well as to outside
candidates and shall be for an indefinite term subject to the appropriate personnel
policies of the City of Boynton Beach.
Sec. 9-3+52. Authority to enter property for 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, under 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
Statutes 99 933.20 - 933.30.
Sec. 9-53JJ. 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, 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 deemed necessary, but not less than once per
year in all buildings and premises except the interiors of occupied 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.
(b) Whenever any inspector, shall find in any building or upon any premises, combustible
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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.
Sec. 9-JJ54. 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
specifically designated thereto shall inspect, as often as deemed 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 the laws and ordinances governing the same and for safeguarding life and
property from fire.
Sec. 9-55M. Inspections complaint; order to remedy danger; evacuation of occupied
buildings or structures.
(a) 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.
(b) 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.
(c) 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
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1 been examined and deemed free of the hazard or potential which caused the
2 evacuation to be ordered. Persons refusing to obey either a verbal or written order of
3 the Fire Marshal or designee shall be subject to immediate arrest.
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6 Sec. 9-56JS. Service of enforcement orders.
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8 The service of such orders as are mentioned in these codes may be made upon the occupant of
9 the premises to whom it is directed, either by delivering a copy of same to such occupant
10 personally or by delivering the same to and leaving it with any person in charge of the
11 premises, or in case no such person is found upon the premises, by affixing a copy thereof in a
12 conspicuous place on the door to the entrance of such premises. Whenever it may be
13 necessary to serve such an order upon the owner of the premises such order may be served
14 either by delivering to and leaving with such person a copy of such order, or, if such owner is
15 absent from the jurisdiction of the officer making the order, by mailing such copy to the
16 owner's last known post office address.
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19 Sec.9-57J6. Compliance with orders; appeal to Fire Chief.
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21 Any order served under the provisions of Sec. 9-.ll~ shall forthwith be complied with by the
22 owner or occupant of such premises or building. If such order is made by the Fire Marshal or
23 one of the inspectors, such owner or occupant may within 24 hours appeal to the Chief of the
24 Fire Rescue Department, who shall, within five days, review such order and file his decision
25 thereon, and unless by his authority the order is revoked or modified it shall remain in full
26 force and be complied with within the time fixed in the order or decision of the Chief of the
27 Fire Rescue Department.
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30 Sec. 9-58J.+. Investigation of causes of fires required; procedures.
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Rescue Department vo'ithin 1\'10 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 sHch fire, explosion, or hazardous condition
and extent of dama-ge thereof and the insurance upon such property and such other
mformation as may be required.
In accordance with F.S. 633.03 the State Fire Marshal shall investigate the cause, origin, and
circumstances of every fire occurring in this state wherein property has been damaged or
destroyed where there is probable cause to believe that the fire was the result of carelessness
or design.
The Fire & Life Safety Division will conduct investigations of each fire event that does not
present an obvious cause. These investigations are to begin while suppression forces remain
m control of the scene unless the property is otherwise secured as authorized by the on-call
mvestigator. The purpose of these investigations is to learn the circumstances that caused the
fire in an effort to prevent future fires.
Whenever criminal activity is suspected, the Fire & Life Safety Division shall immediately
notify the State Fire Marshal's office and local law enforcement. and shall further co-operate
with these authorities in the collection of evidence, crime scene preservation, and in the
prosecution of the case.
(Sec. 9-59 throu)!h 9-69 reserved)
Sees. 9 38 9 50. Reserved.
ARTICLE IV. FIRE PROTECTION OUTSIDE CITY
Sec. 9~ 70. 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:
(a) 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.
(b) To protect property within the city threatened by a fire outside the city.
(c) To protect city property located outside the city.
(d) To provide mutual/automatic aid as provided by written agreement.
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In the event that Boynton Beach Fire Rescue Department resources are requested by
another municipality which has an agreement with a third-party agency for mutual aid
services, and in the absence of an Interlocal Agreement or Mutual Aid Agreement with
the City of Boynton Beach, a fee in the amount of $2,000 per occurrence for up to one
(l)h d $500 00 h fi h dd'f Ih h lIb h dt th
our servIce, an per our or eac a IlOna our, s a e c arge 0 e
municipality requesting and receiving such services. Payment must be made to the
city, in full, within thirty (30) days of invoice.
I (Sec. 9-71 throu)!h 9-81 reserved)
Sees. 9 52 9 55. Resernd.
ARTICLE V. El\fERCENCY FIRE "'}'..TCH; ST.\NDBY COVER..A..CE FIRE
PROTECTION IMPAIRMENTS: EMERGENCY FIRE WATCH: STANDBY
COVERAGE
Sec. 9~82. Emergeney fire wateh; disabled system. Fire Protection Impairments
Impairment Defined. A system is considered to be impaired whenever it is not capable of
meeting its design function as required by the appropriate NFPA code.
In the interest of life safety. immediate notification to the fire department and fire watch
requirements or other compensatory measures are required whenever a building's fire alarm
systems, standpipes. fire sprinkler systems, and/or other emergency systems are out-of-service
for reasons other than scheduled maintenance and testing. This rule also specifies
requirements for fire department notification and fire watch implementation when scheduled
maintenance or testing places any of the fire protection systems listed above out-of-service for
more than 4 hours.
Responsibilities of Buildinl! Owner or Occupant
For all occupancy groups, the building owner, owner's designee, or occupant shall:
1. Notify the Fire Department immediately at a designated telephone 24-hour reporting
line of the following occurrences resulting from other than scheduled maintenance or testing:
· Out-of-service fire alarm svstem.
· Out-of-service standoioe svstem.
· Out-of-service fire sorinkler svstem.
· Building fire orotection svstem in which a suoervisorv or trouble signal has been transmitted
or a oeriod exceeding eight hours oer NFP A 72. 1999 Edition
Out-of-service suooression svstem.
Out-of-service emergencv alarm.
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2. Provide notification to building occupants of any out-of-service fire alarm, fire
sprinkler or emergency alarm system, and notification when restored to service.
3. Notify the Fire Department at the designated 24-hour reporting number when the out-
of-service system is restored in full.
Information to be provided to the Fire Department on the reporting line includes the
following:
I. Name and phone number of person reporting the information.
2. The nature of the problem or out-of-service system being reported and the estimated
time before it will be back in full service.
3. The name and address ofthe building affected.
4. The name of the building owner, or occupant and their phone number, ifknown.
Sec. 9-~83. Emergency fire watch; disabled system for
impairments.
(a) 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 a fee of $40.00 per hour per person for the expense incurred
by the city in administering the fire watch. 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.
(b) Fire watch assessments are due within 30 days after the city mails the invoice to the
owner. A late payment penalty shall accrue at a rate of 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 reinspection fees
associated with the re-establishment of a functioning alarm and/or fire suppression
system.
(c) It 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 60
days in jail.
Sec. 9-84S+. Standby fire and emergency medical coverage.
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(a) 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
Marshal, to be on duty at such place. Said city fire-rescue personnel shall be subject to
the Fire Marshal's and/or hislher 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 hour before opening the area to the public
and one 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.
(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, 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 hislher 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 hour before opening
the area to the public and one 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 paramedic(s) and/or EMT(s) shall take whatever
action necessary to protect the occupants and public from injury, illness or any life
threatening condition.
(c) 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. of $40.00 per hour per person for the expense incurred by the city.
A fire engine or rescue unit required to remain on site will result in a fee of $100.00
per hour per unit in addition to the cost of personnel. The Fire Chief may reduce or
waive fees if deemed appropriate.
(Sec. 9-85 throu)!h 9-95 reserved)
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2 ARTICLE VI. COST RECOVERY FOR OPERATIONS DUE TO CODE
3 VIOLATIONS. SPECIAL OPERATIONS AND CLEAN-UP OF HAZARDOUS
4 MATERIALS
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Sec. 9-6l96. Definitions; authority and responsibility. Cost Recoverv Pro2:ram for
incidents due to ne2:li2:ent. unlawful or unauthorized acts as defined herein.
I There is hereby established a Cost Recovery Program for the purpose of recovering costs for
the Fire Rescue Department in responding to incidents due to code violations, negligent,
unlawful or unauthorized acts as defined herein.
i
Definitions.
Unless the context otherwise requires, the following terms as used in this Cost Recovery
Program shall be construed according to the definitions given below.
Business. An entity consisting of one (1) or more persons engaged m a
commercial activity for profit.
Careless. Not taking ordinary or proper care: heedless: inattentive.
Contract. An oral or written agreement to have work performed by a contractor.
Contractor. Person or entity who has a contract to perform a task or service.
Emergency Response. Any call requiring the Fire Department to respond.
Incendiary Act. A fire purposely set by a person or persons.
Malicious Act. A wrongful act intentionally done without legal iustification or excuse;
an unlawful act done willfully and purposely.
Negligence. Failure to use the ordinary care a reasonably prudent and careful person
would use under similar circumstances: failure to do something which a
reasonable person would do: or the doing of something which a
reasonable and prudent person would not do.
Person. The word "person" may include an individual, contractor, business,
association, or any other entity.
Sees. 9 58 960. Reserved.
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Acts reauirine cost reimbursement.
1. Neelieence/Careless Acts: Any contractor or business whose negligence or careless
actions or conduct causes an incident resulting in appropriate emergency response, may be
required to make payment to the City of Boynton Beach for the costs of that emergency
response.
2. Malicious or Incendiary Acts: Any person whose malicious or intentional. reckless
incendiary act causes an incident resulting in emergency response, may be required to make
payment to the City of Boynton Beach for the costs of that emergency response.
3. Drivine Under the Influence: Any person who has a 0.08 or more alcohol
concentration in his or her blood or breath, or whose blood or urine contains evidence of the
unauthorized use of cannabis, or of the unauthorized use of a controlled substance, and who
causes an incident resulting in appropriate emergency response, upon conviction (includes
supervision and probation) may be required to make payment to the City of Boynton Beach
for the costs of that emergency response.
Fees.
a) The following fees shall apply to all acts enumerated in Section 9-38
Per Fire Engine Per Hour............................................................... $390.00
Per Truck Company Per Hour........................................................ $390.00
Per Command Vehicle Per Hour.................................................... $195.00
Per Ambulance Per Hour ............................................................... $390.00
Per Administrative Vehicle Per Hour...................... ...... ...... .......... $112.00
Per Administrator Per Hour.. .................. ................. ...... ........ ........ $112.00
Per Fire Inspector Per Hour ................................. .......................... $ 84.00
Per Suppression Member Per Hour................................................ $ 84.00
b). A minimum of one (1 ) hour shall be charged. Subsequent hours will be billed at fifteen
(15) minute increments.
c) Late Fees: All fees shall be paid to the City Collector within sixty (60) days of the
invoice date. In the event that the fees are not paid within the sixty (60) day period, an
additional charge of five percent (5%) shall be added to the outstanding balance and
will subsequently be added each thirty (30) day period that the balance remains unpaid.
d) Waiver of Fees: The Fire Chief, or hislher designee, may waive or reduce fees.
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Sec. 9-M97. Definitions; authority and responsibility. Cost Recoverv for special
operations and clean-up of hazardous materials.
(a) For the purpose of this section, the following words and phrases shall have the
meanings given herein:
Costs. 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 fire fighting foam, chemical extinguishing agents,
absorbent material, sand, recovery drums, acid suits, acid gloves, goggles and
protective clothing.
Discharge. 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. 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 the NFP A 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.
(b) 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.
(c) 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
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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
Fire 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.
(Sec. 9-98 throu)!h 9-108 reserved)
Sees. 9 62 9 64. Reseryed.
ARTICLE VII. CONTROL OF AUTOMATIC ELEVATORS
Sec. 9-6S109. General; key switch operation; capacity; access keys; instructions posted;
emergency use.
(a) In all buildings three stories or more in height, hereafter ereeted, which are equipped
with automatic elevators, at least one 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, A 17 .1.
(b) Existing elevators shall conform to the requirements of ASME/ANSI A 17.3.
(c) Elevators shall be inspected and tested as specified in ASME/ANSI A 17.3.
(Sec. 9-110 throu)!h 9-120 reserved)
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Sees. 9 66 9 70. ResenTed.
ARTICLE VIII. HAZARDOUS MATERIALS AND TOXIC SUBSTANCES
Sec.9-+l121. Fire Department Hazardous Materials Permit.
This purpose of this program is to identify and control the more serious material hazards
within the city, primarily for the protection of responding emergency personnel, but also to
assure these dangerous substances are used and stored properly to protect employees and the
public.
The authority for this permitting program is provided by the Florida Fire Prevention Code. It
is also authorized by City Ordinance Article III, Section 9-50, which requires the Fire & Life
Safety Division to enforce all laws and ordinances concerning the storage and use of
explosives, flammable, and hazardous materials.
The occupational license application (new or renewal) for a Business Tax Receipt reqUIreS
the submission of all Material Safety Data Sheets (MSDS) that the business is required to
maintain in accordance with SARA Title III or OSHA requirements.
In addition to requiring a Business Tax Receipt, an inspector may at any time he or she finds
chemicals, hazardous materials, or toxic substances, MSDS may be requested for review to
determine if a Hazardous Materials Permit is required.
The MSDS are reviewed by the Fire & Life Safety Division to determine if any of the
materials would qualify as a "3" or "4" for any category of the NFP A 704 hazard
identification system. If any are found to meet that criteria, a Hazardous Materials Permit is
required.
Exception: If the quantities are considered bv F &LS to be small enou/lh that there is no
significant threat. This determination is made on a case-bv-case basis with consideration
/liven to protection, (i.e. sprinklers, stora/le cabinets, etc.) and handIin/l procedures.
The Hazardous Materials Permit is issued by F&LS after a site inspection to verify proper
storage and handling. Permitted facilities require signage in accordance with NFP A 704.
F&LS determines category numbers, size, number, & location(s) of signs. Permitted facilities
also require a Knox Box for the placement of information for use by responding emergency
personnel. The Fire Rescue Department may direct that the items specified above be revised
or reinstalled at any time. The City shall bear no expense for initial or subsequent work
required of a user under this section.
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1 Sees. 9 66 9 70. Reserved.
2
3
4 ARTICLE VIII. HAZARDOUS MATERIALS AND TOXIC SUBSTANCES
5
6 Sec. 9-+1-121. Fire Department Hazardous Materials Permit.
7
8 This purpose of this program is to identify and control the more serious material hazards
9 within the city, primarily for the protection of responding emergency personnel, but also to
10 assure these dangerous substances are used and stored properly to protect employees and the
11 public.
12
13 The authority for this permitting program is provided by the Florida Fire Prevention Code. It
14 is also authorized by City Ordinance Article III, Section 9-50, which requires the Fire & Life
15 Safety Division to enforce all laws and ordinances concerning the storage and use of
16 explosives, flammable, and hazardous materials.
17
18 The occupational license application (new or renewal) for a Business Tax Receipt requires
19 the submission of all Material Safety Data Sheets (MSDS) that the business is required to
20 maintain in accordance with SARA Title III or OSHA requirements.
21
22 In addition to requiring a Business Tax Receipt, an inspector may at any time he or she finds
23 chemicals, hazardous materials, or toxic substances, MSDS may be requested for review to
24 determine if a Hazardous Materials Permit is required.
25
26 The MSDS are reviewed by the Fire & Life Safety Division to determine if any of the
27 materials would qualify as a "3" or "4" for any category of the NFP A 704 hazard
28 identification system. If any are found to meet that criteria, a Hazardous Materials Permit is
29 required.
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Exception: If the quantities are considered bv F &LS to be small enouJ!h that there is no
siJ!nificant threat. This determination is made on a case-bv-case basis with consideration
J!iven to protection. (i.e. sprinklers. storaJ!e cabinets. etc.) and handlinJ! procedures.
The Hazardous Materials Permit is issued by F&LS after a site inspection to verify proper
storage and handling. Permitted facilities require signage in accordance with NFP A 704.
F&LS determines category numbers, size, number, & location(s) of signs. Permitted facilities
also require a Knox Box for the placement of information for use by responding emergency
personnel. The Fire Rescue Department may direct that the items specified above be revised
or reinstalled at any time. The City shall bear no expense for initial or subsequent work
required of a user under this section.
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1 Sec.9-1l122. Disclosure and safety requirements.
2
3 Any person applying for site plan review , building permits, or an occupational license
4 shall disclose on the application whether hazardous material, hazardous waste, or toxic
5 substances will be used, stored, displayed, generated, or handled, and if so, MSDS must be
6 filed with the Boynton Beach Fire Rescue Department.
7
8
9 (2) Any person who, during the calendar year, for the first time becomes a user or handler
10 of any hazardous material or toxic substance, must submit MSDS to the Boynton Beach Fire
11 Rescue Department within fifteen (15) days of becoming a user or handler.
12
13
14 (3) The City of Boynton Beach Fire Rescue Department may, upon written notice, require
15 the submittal ofMSDS of any user or handler. The user or handler shall submit MSDS within
16 fifteen (15) days.
17
18 ( 4) Any person required to submit MSDS pursuant to this Section shall file with the
19 Boynton Beach Fire Rescue Department updated MSDS on an annual basis at the same time
20 as any occupational license renewal or within fifteen (15) days of any of the following:
21
22 A change in business address.
23
24 A change in business ownership.
25
26 A change in business name.
27
28 Cessation of business operations.
29
30 The use or handling of a previously undisclosed hazardous material or toxic substance.
31
32 f. A significant change in the use, handling, or manufacturing of a hazardous material or
33 toxic substance for which disclosure has been previously made.
34
35
36 Upon request, all users must provide the following information:
37
38 To the City of Boynton Beach Fire Rescue Department, any information determined by
39 the City of Boynton Beach Fire Rescue Department to be necessary to protect the
40 public health, safety, or the environment.
41
42 To any physician, where the physician determines that such information is necessary to
43 the medical treatment of the patient and to the extent allowed by law.
Page 39
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i (6) Exemptions From Disclosure. The following materials or persons are exempt from
disclosure requirements:
a. Hazardous materials or substances contained in food, drug, cosmetic, or tobacco
products.
b. Hazardous materials or toxic substances contained solely in consumer products
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
nitrate fertilizers over the required disclosure amounts are not exempt from disclosure.
c. 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
I exists or as hereafter amended or changed.
I
Id. Infectious waste generated by hospitals, medical centers, clinics, and other health care
I facilities.
e. Record keeping: exemption from public disclosure.
Under the provisions of 252.88(3), Florida Statutes, any and all information, including
but not limited to, site plans and specific location information on hazardous materials
or toxic substances furnished to the Fire Rescue Department pursuant to this section
shall be confidential and exempt from the provisions of &F.S. 119.07(1), Florida
Statutes.
(7) Enforcement. The Fire Chief or designee is authorized and empowered to enforce the
proVISIOns of this Chapter. The enforcement may include the inspection of hazardous
materials or toxic substances in use, storage, or disposaL review of hazardous materials
records, the sampling and testing of hazardous materials and other activities directly related to
the enforcement of this section. No person shall obstruct or interfere with the Fire Chief or
designee in the performance of these duties.
(8) Violations. In addition to the penalties and remedies provided in Section F.S. 252.66,
Florida Statutes, any violations of the provisions of this section shall be punishable as
provided for in Section 2-91 and 9-61 ofthe City of Boynton Beach Code of Ordinances.
(a) Definitions. For the purpose ofthis seetion, the terms listed belo'll shall be defined
as follows, provided hO'.veyer, references to statutes or regulations in existence at the time this
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1 section is adopted shall also include references to such statutes or regulations as they may be
2 amended from time to time:
3 (1) Carcinogen: refers to a substance which Cffiises cancer. For purposes of the
4 section, carcinogens are those substances specified on the list developed by the United States
5 Department of Health and Human Services in its Annual Reports on Carcinogens.
6 (2) C\S Number: the uniqMe identification name as assigned by the Chemical
7 Abstracts Services to specific chemical substances.
8 (3) Chemical name: the scientific designation of a substance in accordance with the
9 International Union of Pure and Applied Chemistry of the system developed by the Chemical
10 ..\bstracts Services.
11 (1) Common name: a designation of identification such as code name, code number,
12 trade name or brand name used to identify a substance other than by its chemical name.
13 (5) Disclosure form: the "Hazardous Material Information/Toxic Substance Permit
14 Form" provided by the City of Boynton Beach Fire Rescue Department.
15
16 (6) Environmental Review: All businesses '.vhich would be located within the city
17 shall state, as part of the occupational license application or renewal, \vhether the business
18 would use, handle, store, or display hazardous materials or generate hazardous waste, as
19 defined by 40 Code of Federal Regulations, Part 261, in v/hich case the business shall require
20 a Hazardous Material Disclosure/Toxic Substance Permit.
21
22 (7) Handle: to generate, treat, use, or dispose of a hazardoMs material or toxic
23 substance in any fashion.
24
25 (8) Handler: any person \.vho handles a hazardous material or toxic substance.
26 (9) Hazardous Material: any substance or product f-or which the manufacturer or
27 producer is required to prepare a Material Safety Data Sheet (MSDS) for the substance or
28 product pMrsuant to the Sl:lperfund
29 : Amendments and Reauthorization l\ct (SAR.^..) Title III, October, 1986 and/or Chapter 252,
30 Florida Statutes, the Florida Hazardous Materials Emergency Response and Community
31 Right To ](no'.'.' f..ct, July, 1988, provided that a substance may additionally be deemed a
32 ! hazardous material or hazardous wastel:lpon a finding by the Fire Chief that the substance,
33 I because of its quantity, concentration or physical or chemical characteristics, poses a
34 i significant potential hazard to human health and safety or to the environment if released into
35 I the community. Should the Fire Chief at any time determine that otherwise exempted
36 ! materials should be subj ect to disclosure, the Fire Chief may require the submission of a
37 ldisclosure form.
38 (10) Hazardous waste: any material that is identified in the Code of Federal
39 IRegMlations, Title 40, Sections 261.31 261.33.
40 i (11) Health official: the Health Officer with authority in the City of Boynton Beach,
41 I Florida.
42 i (12) MSDS: a Material Safety Data Sheet prepared pursuant to regulations indicated
43 lin paragraph (8) above.
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1 (13) Person: an indi';idual, trust, firm, joint stock company, corporation, partnership,
2 or association.
3 (11) Physician: any person recognized as a physician under Florida law.
4 (15) SIC Code: the identification number assigned by the Standard Industrial
5 Classification Code to specific types of businesses.
6 (16) Recoyery: as defined in Palm Beach County Regional Hazardous Materials
7 Response Plan.
8 (17) Storage or storing the containment of substances or materials in such a manner
9 as not to constitute disposal of such substances or materials.
10 (18) Use: includes the handling, processing, or storage of a hazardous
11 material or toxic substance.
12
13 (19) User: any person who uses or handles a hazardous substance, hazardous waste,
14 or toxic substance.
15
16 (20) Toxic substance: Any substance listed in the Florida Sl:lbstance List, as set forth
17 Rule 4A 62.004, Florida }..dministrative Code.
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(b) Filing of a Hazardol:ls Material Disclosarel Toxic Substance Permit Form.
(1) Any person applying for site plan revie'N, building permits, or an occupational
license shall disclose on the application whether hazardol:ls material, hazardous waste, or toxic
substances 'Hill be used, stored, displayed, generated, or handled, and if so, a disclosure permit
form must be completed and filed with the Boynton Beaeh Fire Rescl:le Department.
(2) ..!^..ny person who uses, stores, displays, or handles a hazardous material or toxic
substance ml:lst on an annual basis, submit a completed disclosure permit form to the Boynton
Beach Fire Rescue Department. Inspection fees shall be the amount(s) as provided in chapter
13 ofthis code.
(3) ..!^..ny person who, during the calendar year, for the first time becomes a user or
handler of any hazardous material or toxic substance, must sHbmit a completed disclosure
permit form to the Boynton Beach Fire Rescue Department within fifteen (15) days of
becoming a 1:lser or handler. Thereafter, any such user or handler shall comply '.vith the
provisions of Subsection (b)( 1) above.
(1) The City of Boynton Beach Fire Rescue Department may, l:lpon ',vritten notice,
require the submittal of a disclosure permit form of any user or handler. The user or handler
shall sHbmit a completed disclosure permit form '.vithin fifteen (15) days.
(5) .^.ny person required to submit a disclosure permit form pursuant to this Section
shall file ',vith the Boynton Beach Fire Rescl:le Department an. updated disclosure permit form
on an annual basis at the same time as any occl:lpationallicense renewal or within fifteen (15)
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days of any of the follov/ing:
a. f.. change in business address.
b. A change in business o'.vnership.
c. A change in business name.
d. Cessation of business operations.
e. The use or handling of a previously undisclosed hazardous material or toxic
substance.
f. .\ significant change in the use, handling, or manufacturing of a hazardous
material or toxic substance for which disclosure has been previously made.
g. The hazardous characteristics of eyery hazardous material or toxic substance
disclosed, including, but not limited to, toxicity, flammability, reacti'.'ity, and corrosivity as
may be required by the Fire Rescue Department.
(6) Upon request, all users must provide the following information:
a. To the Fire Rescue Department, any inf-ormation determined by the Department
to be necessary to protect the public health, safety, or the environment.
b To any physician v/here the physician determines that such information is
,
necessary to the medical treatment of his or her patient and to the extent allowed by la\v.
(c) Exemptions From Disclosure. The follO'.ving materials or persons are exempt from
disclosure requirements:
(1) Hazardous materials or substances contained in f-ood, drug, cosmetic, or tobacco
products.
(2) Hazardous materials or toxic substances contained solely in consumer products
packaged for use by and distribMted to the general public unless the product is repackaged or
altered in any way; provided, however, the manufacture and distribMtion of these products are
not exempt. However, pesticides, herbicides, and ammonium nitrate fertilizers o'/er the
required disclosure amounts are not exempt from disclosure.
(3) Any person, 'lIhile engaged in the transportation or storage of hazardous
materials, '.vithin the provisions of Title 19 of the Code ofFcderal Regulations, Subchapter c,
as exists or as hereafter amended or changed.
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(4) Infectious 'Haste generated by hospitals, medical centers, clinics, and other he
care facilities.
(d) Identification of .Areas; keyed lock box: identification placards.
(1) 'When required by the Fire Rescue Department, any person s\:1bmitting a
disclosure permit form may be required to install an approved keyed lode box to store saB
data sheets, floor plans, site plans, and building access keys f-or authorized use in the case
an emergency. If required by the Fire Rescue Department, the approved keyed lock box
be installed within ninety (90) days of receipt of a 'Nritten notice from the Fire Rescue
Department. The specifications and location of the required keyed lock box shall be as
designated by the Fire Rescue Department. The National Fire Protection .^..ssociation (NF
Standard 704m, Standard System f-or Identification of the Fire Hazards of Materials, shall
incorporated with the application of the keyed lock box to provide exterior warning sym.b
for emergency responders. Hazardous materials identification placard(s) shall be installe
accordance '.'lith NFPA Standard 704.
(2) The Fire Rescue Department may direct that the items specified above be rev
or reinstalled at any time. The City shall bear no expense for initial or subsequent work
required of a user \:1nder this section.
(e) Record keeping; exemption from public disclosure.
(1) Upon receipt of a disclosure permit form, the Fire Rescue Department shall
maintain files of all disclosure permit forms received.
(2) Under the provisions of252.88(3), Florida Statutes, any and all information,
including but not limited to, site plans and specific location information on hazardous
materials or toxic substances furnished to the Fire Rescue Department pursuant to this se
shall be confidential and exempt from the provisions of ~ 119.07(1), Florida Statutes.
(f) Enforcement. The Fire Chief or designee is ffi:lthorized and empo'.'lered to enforc
provisions of this Chapter. The enforcement may inolude the inspection of hazardous
materials or toxic substances in use, storage, or disposal, re'o'iew of hazardous materials
records, the sampling and testing of hazardous materials and other activities directly relat
the enforcement of this section. No person shall obstruct or interfere with the Fire Chief
designee in the performance of these duties.
(g) Violations. In addition to the penalties and remedies pro'.'ided in Section 252.66
Florida Statutes, any violations of the pro'lisions ofthis section shall be punishable as
provided for in Section 2 91 afld 9 61 of the City of Boynton Beach Code of Ordinances.
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2 Section 3. Should any section or provision of this ordinance or portion hereof, any
3 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
4 such decision shall not affect the remainder of this ordinance.
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Section 4.
Authority is hereby granted to codify said ordinance.
Section 5.
This ordinance shall become effective immediately upon passage.
FIRST READING this ~ day Of~, 2007.
SECOND, FINAL READING AND PASSAGE
r-' ,2007.
(CORPORATE SEAL)
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CITY OF BOYNTON BEACH, FLORIDA
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