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HomeMy WebLinkAboutDocumentation_Regular_Tab 8A_7/22/1993 e. VILLAGE OF, TEQUESTA I Post Office Box 3273 • 357 Tequesta Drive _ Tequesta,Florida 33469-0273 • (407) 575-6200 ' ,•t'� Fax: (407)575-6203 fN COUMt MEMORANDUM: TO: Village Council FROM: Thomas G. Bradford, Village Manager // '? DATE: July 15, 1993 SUBJECT: Ordinance Establishing Fire-Rescue Department/Prescribing Positions, Duties and Regulations; Adopting Fire Codes, Inspections, Inspection Fees, Plan Review Fees, and Other Provisions; Agenda Item This is a very important Ordinance for the Village of Tequesta in that it officially establishes a Fire-Rescue Department pursuant to the Village Charter. In addition to this historic event, the Ordinance is important for it also implements the following: 1) The position of Fire Chief is formally established granting unto him general supervision of the Fire-Rescue Department and to make and promulgate rules and regulations governing the conduct and duties of the employees of the Department. 2) The official Fire Codes of the Village are adopted, these being: a) Standard Fire Prevention Code, 1991 edition. b) National Fire Protection Association (NFPA) Life Safety Code, 1991 edition. c) National Fire Protection Association (NFPA-1) Fire Prevention Code, 1992 edition. 1 , 3) Authorizes and requires regular inspections of building, premises and public thoroughfares, except the interior dwelling units as often as may be necessary to correct conditions contributing to fire hazards . Recycled Paper I' V Village Council July 15, 1993 Page 2 4 ) Establishes an annual fire inspection fee of commercial properties using the same fee structure currently in effect by Palm Beach County. The Plan Review Fee for the review of fire rescue plans and for inspection of all new construction is the same as that currently in effect in Palm Beach County. 5 ) Requires compliance and correction of hazards as determined by the Fire Chief and other miscellaneous provisions . This is a relatively standard Fire Protection and Prevention Provision of a community's Code of Ordinances . It is , recommended that the Village Council adopt this Ordinance. TGB/cm ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A FIRE-RESCUE DEPARTMENT; DESCRIBING THE POSITION OF CHIEF OF THE FIRE- RESCUE DEPARTMENT; DESCRIBING THE DUTIES OF THE CHIEF; PRESCRIBING REGULATIONS GOVERNING THE DEPARTMENT; ADOPTING FIRE PREVENTION CODES; PROVIDING FOR INSPECTIONS; PROVIDING FOR INSPECTION FEES AND PLAN REVIEW FEES; PROVIDING FOR CORRECTION OF HAZARDS; PROVIDING , FOR OTHER PROVISIONS RELATING TO FIRE SAFETY WITHIN THE VILLAGE OF TEQUESTA; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Section 1. Chapter 9 of the Code of Ordinances of the Village of Tequesta relating to Fire Protection and Prevention is hereby amended in its entirety to read as follows: "ARTICLE I. IN GENERAL. Sec. 9-1. Creation of fire rescue department. There is hereby created the Village of Tequesta Fire-Rescue Department, which department shall be composed of the chief of the department and such other personnel and employees as may be appointed thereto by the village manager. Sec. 9-2. Position of chief established. There is hereby established the position of chief of the fire-rescue department, who shall be an appointive administrative official appointed by the village manager subject to the approval of the village council as established in Sections 3.02 and 3.07 of the Charter of Village. Sec. 9-3.. General supervision of the department by the chief. The chief of the fire-rescue department shall have control and supervision of all the matters relating to the fire-rescue department, under the supervision of the village manager. The chief shall have the custody and control of all apparatus, machinery or other paraphernalia of the fire-rescue department and shall have the power to use and cause to be put in service all or any part of the apparatus belonging to the fire-rescue department. Sec. 9-4. Regulations governing department. It shall be the duty of the chief of the fire-rescue department, with the approval of the village manager and the council, to make and promulgate rules and regulations governing the conduct and duties of the officers and employees of the fire-rescue department, including penalties for the violation of such rules and regulations, and such rules and regulations shall have • the authority and force of law. ARTICLE II. FIRE PREVENTION Sea. 9-5. Codes adopted; copies on file. (1) There are hereby adopted by the village, for the purpose of prescribing regulations governing conditions hazardous to the health, safety, welfare, life and property from fire or explosion, certain codes known as the Standard Fire Prevention Code, 1991 edition, and the National Fire Protection Association (NFPA) Life Safety Code, 1991 edition and the National Fire Protection Association (NFPA-1) Fire Prevention Code, 1992 edition. If conflict exists between the codes, the more stringent shall be applied at the discretion of the chief of the fire-rescue department or his representative. (2) A copy of each of the above codes is on file with the village clerk; and the same are hereby adopted and incorporated as fully as if set out at length herein; and from the date on which this section shall take effect, the provisions thereof shall be controlling within the limits of the village. Sec. 9-6. Inspections for hazards authorized; regular inspections required. The chief of the fire-rescue department shall inspect, or cause to be inspected by officers or members of the fire-rescue department, all buildings and premises,-and public thoroughfares, except the interior dwelling units, as often as may be necessary for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or any violation of the provisions of any ordinance of the village relating to fire hazards. Sec. 9-7. Fees - Annual Fire Inspection Fee; Plan Review Fee. (1) A fee shall be imposed by the Village for each fire inspection performed by the fire-rescue department and shall be according to the fire inspection fee schedule set forth in Exhibit "A" attached hereto and incorporated herein. (2) A fee shall be imposed for review of fire- rescue plans and for inspections for all new construction within the Village, and shall be according to the fee schedule set forth in Exhibit NB" attached hereto and incorporated herein. Sec. 9-8. Ordering correction of hazards; compliance required. (1) Whenever the chief of the fire-rescue department or his representative shall find on any building or upon any premises, or iy-p c , violations of the 1991 Standard Fire Prevention Code/ the National Fire Protection gssociation (NFPA) Life Safety Code, 1991 editionyy�combustible or explosive \` material or dangerous accumulation or rubbish or unnecessary accumulation of waste paper, boxes, shavings or other highly combustible materials especially liable to fire, and which are 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 operation of fire-rescue or the egress of occupants in case of fire, he shall order same to be removed or remedied. Such order shall be forthwith s ' PA P <0 Q 1 9 92 ��-n/J complied with by the owner or occupant of the such place or building. Sec. 9-9. Form, service of order. The order provided for in the preceding section shall be in writing and signed by the person making such inspection and shall state specifically the conditions to be remedied. Service of such order shall be made upon the occupant of the premises to whom it is directed by either delivering a true copy of same to such occupant personally or by delivering the same to and leaving it. with any person in charge of the premises, or in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises. Whenever the owner of the premises, building or structure is responsible for the condition that is required to be remedied, or is otherwise liable therefor, said order shall be served upon such owner, or his agent by delivering to and leaving with the said person a true copy thereof, or, if such owner is absent from the jurisdiction of the village, by mailing such copy to the owner's last known address, or if he shall have a business agent resident in the village by delivering a true copy of such order to such business agent. Sec. 9-10. Owner responsible for vacant properties. The duties imposed upon occupants of buildings and premises by this article are hereby imposed upon the owners of such buildings and premises when such buildings and premises are vacant. Sec. 9-11. Accumulations endangering adjacent premises. Any accumulation of wood, fuel, lumber, poles, shingles or other combustible material outside of a building shall be subject to removal or relocation upon order of the chief of the fire-rescue department whenever in his opinion the quantity or position of the same shall increase the danger of fire to adjacent property. Sec. 9-12. Permits. All permits required by the Standard Fire Prevention Code, 1991 edition, will be issued at the discretion of the chief of the fire-rescue department." Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. - Section 5. Effective Date. This Ordinance shall take effect October 1, 1993. 3 IF THE FOREGOING ORDINANCE was offered by Councilmember , who moved its adoption. The Ordinance was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1993. MAYOR OF TEQUESTA Ron T. Mackail ATTEST: Village Clerk JCR\131530RD\FIRERES.ORD 4 EZSISIT A SIRE INSPECTION FEE SCREDULE Fixed Property Use Public Assembly: 50-299 seating capacity - $ 55.00 300-1000 Beating capacity - $ 75.00 Over 1000 seating capacity - $ 95.00 Educational: Day Care/Nursery - $ 35.00 All others - $ 60.00 Institutional: All - $150.00 Sotel/Hotel: Under 25 units - $ 55.00 25-100 units - $ 75.00 Over 100 units - $125.00 'Stores, Offices, Storage Facilities: Under 5,000 sq. ft. - $ 35.00 5,000-15,000 sq. ft. - $ 65.00 Over 15,000 sq. ft. - $115.00 Industrial, Manufacturing Facilities: Under 15,000 sq. ft. - $ 65.00 Over 15,000 sq. ft. - $115.00 Temporary Structures: All - $ 35.00 Commercial LP Gas Facilities: All - $ 55.00 PAM:tLh\13153-01\fire.res EXHIBIT "B" FIRE-RESCUE PLANS REVIEW AND INSPECTION FEE SCHEDULE The following formula, which is based on the valuation of the proposed work, will be used to determine Plane Review fees. Each Triplex of Four-unit Residential structure $225.00 flat fee. $0.00 up to $10,000.00 Charge .5% total valuation of work. (This figures out to $5.00 per thousand dollars of value.) $10,001.00 to $100,000.00 Charge $50.00 for the first $10,000.00 and then charge .25% of the balance of the value. (This works out to be $2.50 per thousand dollars value for the balance.) $100,001.00 to $500,000.00 Charge $275.00 for the first $100,000.00 and then charge .125% of the balance of value. (This works out to be $1.25 per thousand dollars of the value for the balance.) $500,001.00 to $1,000,000.00 Charge $775.00 for the first $500,000.00 and then charge .0625% of the balance of the value. (This works out to be $62 1/2 cents per thousand dollars of value for the balance.) $1,000,000.00 and up Charge $1,087.50 for the first million and then charge .03125% of the balance of the value. (This works out to be $31 1/4 cents per thousand dollars of value for the balance.) PLAN REVISIONS Pre-Permit Minor Revision: No Charge. Pre-Permit Maior Revision: 10% of the Original Fee. Post-Permit Minor Revision: Minimum fee of $10.00 except when value increases (then see schedule). Reetamn: $1.00 per page with a minimum fee of $10.00. Invalid Permits: 30% of the original fee. If construction has commenced, payment of a fee for the remaining construction is based on the original schedule. 0 • EXAMPLES: ESTIMATED VALUATION PLANS REVIEW FEES $ 2,000.00 and under $ 10.00 $ 100,000.00 $ 275.00 $ 300,000.00 $ 400.00 $ 400,000.00 $ 650.00 $ 500,000.00 $ 775.00 $ 600,000.00 $ 837.50 $ 700,000.00 $ 900.00 $ 800,000.00 $ 962.50 $ 900,000.00 $1,025.00 $1,000,000.00 $1,087.50 $1,100,000.00 $1,118.75 $1,200,000.00. $1,150.00 **► MINIMUM FEE $10.00 *** DESIGN REVIEW: A fee of $50.00 will be charged for Design Review of drawing or specification. This amount may not be refunded. CIVIL- DRAWINGS: A fee of $25.00 will be charged for the plans review of all Civil Drawings. WATER FLOW TESTS: A fee of $50.00 shall be paid for all Flow tests. REINSPECTION FEE: $25.00 shall be charged for reinspections which require an additional trip to the job site.