3778ORDINANCE NO. 3778
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA
AMENDING CHAPTER 9 OF THE CITY CODE PERTAINING
TO FIRE PREVENTION AND SAFETY BY ADOPTING
LOCAL AMENDMENTS TO THE FLORIDA FIRE
PREVENTION CODE; PROVIDING FOR LEGISLATIVE
FINDINGSAND INTENT; PROVIDING FORAPPLICABILITY;
PROVIDING FOR RATIFICATION OF ACTIONS; PROVIDING
FOR PLANS REVIEW, INSPECTION, FALSE ALARM AND
PERMIT FEES AS ESTABLISHED BY THE CITY
COMMISSION; PROVIDING FOR REGULATION OF
AUTOMATIC SPRINKLER SYSTEMS IN AIRCRAFT ROW
HANGERS; PROVIDING FOR AMENDMENTS; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY,
CONFLICTS, AND EFFECTIVE DATE.
WHEREAS, the City of Sanford, Florida provides fire protection and prevention
services to the citizens; and
WHEREAS, the City of Sanford, Florida recognizes the need to provide a minimum
level of safety and building protection within structures; and
WHEREAS, Emergency Ordinance Number 3776 was enacted by the City
Commission on February 24, 2003; and
WHEREAS, the provisions of Ordinance Number 3691 were intended to become
effective on January 2, 2002, but the Ordinance was inadvertently written otherwise.
NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1. LEGISLATIVE FINDINGS/INTENT. The above recitals (whereas
clauses) are adopted as the intent and findings of the City Commission.
SECTION 2. APPLICABILITY/RATIFICATIONS OF ACTS. It is hereby determined
by the City Commission that the requirements herein set forth apply to all pertinent actions
since January 2, 2002 and the City hereby ratifies all administrative actions since January
2, 2002 which were taken in implementation of the provisions of Ordinance Number 3691.
Additionally, the City Commission hereby ratifies its action in enacting Emergency
Ordinance Number 3776.
SECTION 3. CHAPTER 9 (FIRE PREVENTION). That Chapter 9 of the "City Code
of the City of Sanford, Florida" is hereby amended to read as follows:
ARTICLE I. IN GENERAL
Sec. 9-1. Purpose - Adopting and amending chapter 9, fire
prevention and safety codes.
(a) This chapters shall provide the City of Sanford with rules and
regulations to improve public safety by promoting the control of fire hazards;
regulating the installation, use and maintenance of equipment; regulating the
use of structures, premises and open areas; providing for the abatement of
fire hazards; establishing the responsibilities and procedures for code
enforcement; and setting forth the standards for compliance and
achievement of these objectives.
(b) This chapter shall be known as the Sanford Fire Prevention
and Safety Code. This Code adopts, the Florida Fire Prevention Code, 2001
Edition, save and except those portions such as are hereinafter deleted,
modified, or amended by Article IV of this chapter. The same are hereby
adopted and incorporated as fully as if set out at length herein. One copy
of said code shall be filed in the office of the building official fire marshal as
a matter of permanent record and the matters and contents therein are made
a part of this chapter by reference as fully and completely as if set forth
herein.
(c) This chapter shall adopt and enforce the codes specified in
Florida Statutes, Section 633.025, and shall recognize them as minimum fire
safety standards as set forth by the Florida Legislature.
(d) This chapter shall amend, included or supersede all codes and
ordinances currently contained and set forth in Chapter 9, Fire Prevention
and Protection, of the Sanford City Code.
(Ord. No. 3214, § 2, 6-13-94)
Sec. 9-2. Violation of Code.
It shall be unlawful for any person to violate this code, to permit or
maintain any violation of this code, to refuse to obey any provision thereof,
or to fail or refuse to comply with any such provision or regulation except as
may be allowed by the action of the fire official in writing. Proof of such
unlawful act or failure to correct such violations shall be deemed prima facie
evidence that such act is that of the owner or other person in control of the
premises. Prosecution or lack thereof of either the owner, occupant, or the
person in charge shall not be deemed to relieve any other person.
(Ord. No. 3214, § 2, 6-13-94)
Sec. 9-3. Enforcement; division of fire prevention.
(a) The fire prevention and safety code shall be enforced by the
fire prevention division of the Sanford Fire Department and shall be
administered under the direct supervision of the fire marshal, who shall be
so designated by the fire chief.
(b) The fire marshall shall be appointed on the basis of
examination or by any method so designated by the fire chief to determine
qualifications. The fire chief shall also designate fire safety
inspectors/investigators as shall be necessary to assist in the enforcement
of the fire prevention and safety code and to investigate suspicious fires.
Such inspectors shall be selected through an examination or by any other
method so designated by the fire chief to determine qualifications.
(Ord. No. 3214, § 2, 6-13-94)
Sec. 9-4. Duties of the fire prevention division.
It shall be the duty of the fire prevention division to enforce laws and
ordinances of the City of Sanford, including but not limited to those
standards and codes adopted and listed in section 9-1 of this ordinance, and
to perform the following:
(a) The prevention of fires;
(b) The prevention of hazardous or unsafe conditions;
(c)
The investigation fo the cause, origin, and circumstances of
any fire occurring within the city limits;
(d)
The criminal investigation of any suspicious fire occurring
within the city limits;
(e) The promotion of fire safety awareness and education.
3
The fire prevention division shall have other powers and perform other duties
as set forth in other sections of this chapter, as well as other duties imposed
by law. The fire chief may delegate any powers or duties under this chapter
to the fire marshal.
(Ord. No. 3214, § 2, 6-13-94)
Sec. 9-5. Investigation of fires.
The fire prevention division shall investigate the cause, origin and
circumstances of every fire occurring within the city limits of Sanford, by
which property has been destroyed or damaged and, so far as possible,
shall determine whether the fire was the result of carelessness or design
and/or of a suspicious or criminal nature.
(Ord. No. 3214, § 2, 6-13-94)
Sec. 9-6. Record keeping.
The fire prevention division shall maintain records of ail fires and all
of the facts surrounding each fire occurring within the City of Sanford.
(Ord. No. 3214, §2, 6-13-94)
Sec. 9-7. Periodic inspections.
The fire prevention division shall inspect, or cause to be inspected all
commercial premises located within the city limits. These inspections shall
be done on an annual basis and whenever the division is made aware of
hazardous or unsafe conditions within such buildings. These inspections
are necessary for the enforcement of laws and ordinances as may be listed
within this chapter and for the safeguarding of life and property from fire.
(Ord. No. 3214, § 2, 6-13-94)
Cross reference - Right of entry of city officers and employees, § 1-11.
Sec. 9-8. Compliance with codes; service of warnings or orders.
Whenever any inspector or member of the fire prevention division
shall find in any building, or upon any premise within the city limits, any
condition deemed to be in violation of the codes and ordinances listed
herein, or any condition deemed to be unsafe or hazardous which may be
considered a thereat to life or property, said inspector shall order the
occupant or owner of said building or premise to remove or correct such
violations or hazards and such orders shall be complied with immediately or
4
within a reasonable time period as specified by said inspector.
The service of such order may be made upon the owner or occupant
of any building or premise found to be in violation and may be either verbal
or written. If a written warning or citation is issued, it may be delivered
personally to the owner or occupant or to any person in charge of the
building or premise, or a copy of the order or warning may be affixed in a
conspicuous place as close to the entrance as possible. If any inspector is
unable to personally serve the owner or occupant found to be in violation, a
copy fo the warning or citation may be sent by certified mail to said person.
Any owner or occupant failing to comply with such an order or with
any of the provisions of the Sanford Fire Prevention and Safety Code shall
be subject to the penalties as provided herein.
(Ord. No. 3214, § 2, 6-13-94)
Sec. 9-9. Penalties.
Any person who shall violate any of the provisions of the Sanford Fire
Prevention and Safety Code or who shall fail to comply with any orders
issued therewith; or shall build in violation of any details, statements,
specifications or plans submitted or approved thereunder or shall operate
not in accordance with the provisions of any certificate, permit, or approval
issued thereunder, and from which no appeal has been taken; or who shall
fail to comply with such an order as affirmed or modified by the fire marshal
or by a court of competent jurisdiction within the time period specified herein,
shall severally for each and every violation and noncompliance, respectively,
be subject to the penalties set forth in Section 125.69, Florida Statues. The
imposition of a penalty for violations shall not excuse the violation nor shall
the violation be permitted to continue, and all such person cited shall be
required to correct or bring into compliance such violations within a
reasonable time period. When not otherwise specified, for each ten (10)
days that prohibited violations are permitted to continue thereafter, a
separate offense shall be considered to have been committed.
The provisions of Sanford City Ordinance 3098 (sections 18-80 - 18-
91 of the Sanford Code of Ordinances) may also be used for enforcement
of any violation of the Florida Fire Prevention Code.
(Ord. No. 3214, § 2, 6-13-94)
ARTICLE II. PLANS REVIEW, INSPECTION, FALSE ALARM, AND PERMIT FEES
Sect. 9-10. Inspection and false alarm fees.
5
The fire chief or his designees shall charge the fees as established
in a resolution adopted by the City Commission, which shall be paid prior to
any permit being issued or inspection being performed.
ARTICLE III. AUTOMATIC FIRE SPRINKLER SYSTEMS
Sec. 9-11. Requirements.
Automatic fire sprinklers shall be required through the city as follows:
(1)
Throughout every building where combustible materials are
used, manufactured, stored, or sold if:
(a) Of Type I (fire resistive) construction as defined by the
Florida Building Code (refer to Table 600 attached as
Exhibit "A") and:
Editor's note - Exhibit A containing Table 600 has not been set
out at length herein but is on file and available for inspection
in the offices of the city.
(b)
1. Total area of all floors exceeds twelve thousand
(12,000) square feet; or
2. More than one (2) stories in height and the total
area of all floors exceeds ten thousand (10,000)
square feet; or
3. More than three (3) stories in height regardless
of floor area.
Of less than Type I construction; and
Total area of all floors exceeds eight thousand
(8,000) square feet; or
More than one (1) story in height and the total
area of all floors exceeds ten thousand (10,000)
square feet; or
More than three (3) stories in height regardless
of floor area.
(2) Throughout every public garage, excluding parking ramps, if:
(a)
(b)
Of Type I construction and total floor area exceeds ten
thousand (10,000) square feet.
Of less than Type I construction and total floor area
exceeds six thousand (6,000) square feet.
6
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Throughout every hotel, motel, condominium, townhouse,
apartment house and dormitory, if:
(a)
Of Type 1 (fire resistive) construction as defined by the
Florida Building Code and more than four (4) stories in
height.
(b)
Of less then Type 1 ( fire resistive) construction and
more than three (3) stories in height.
(c)
Of less than Type V (ordinary) construction as defined
by the Florida Building Code and more than two (2)
stories in height.
Throughout bowling alleys and restaurants of total floor {area}
exceeding six thousand (6,000) square feet.
Throughout all buildings occupied or used as places of public
assembly having a stage arranged for theatrical, operatic, or
similar performances, excepting only the auditorium foyers,
lobbies and the immediate vicinity of automatic stage
ventilators, if the building is less than Type II construction as
defined by the Florida Building Code, and regardless of the
type of construction or whether there is a stage, if the place of
public assembly is located above the first floor.
In the basements, kitchens, shops and other spaces where
combustible materials are stored or handled, of schools, public
buildings, hospitals, and institutional buildings when such
buildings are over two (2) stories in height or the total floor
area exceeds ten thousand (10,000) square feet.
All buildings over seventy-five (75) feet in height.
All buildings in excess of twenty thousand (20,000) square feet
regardless of location or type construction.
Group H (hazardous) occupancy throughout entire building
except where the application of water may constitute a life
hazard or increase the severity of a fire.
(10) Aircraft row hangers shall complywith NFPA409, Standard on
7
Aircraft Hangers, not the requirements of Article III.
The requirements above shall be considered cumulative and in
addition to the requirements of the Florida Fire Prevention Code and
the Florida Building Code. In case of conflict discrepancy between
Codes, the more stringent requirements shall apply.
(Ord. No. 3214, § 2, 6-13-94)
ARTICLE IV. AMENDMENTS TO THE FLORIDA FIRE PREVENTION CODE
Sec. 9-12. Amendments to the Florida fire prevention code.
NFPA 1, of The Florida Fire Prevention Code of the National Fire Protection
Association is amended and changed in the following respects:
Article III of this chapter is the local amendment to Sections 7-3.2.3 through
7-3.2.19 of NFPA 1 and the appropriate sections of NFPA 101 referenced
therein.
1. Required access for fire apparatus.
All premises which the fire department may be called upon to protect
in case of fire and which are not readily accessible from public roads shall
be provided with suitable gates, access roads, and or fire lanes so that all
buildings on the premises are accessible to fire apparatus. Fire apparatus
access roads shall be at least twenty (20) feet in width, and of stabilized
material. The road edge closest to the building shall be at least ten (10) feet
from the building. Any dead end road more than three hundred (300) feet
long shall be provided with a turn around at the closed end at least ninety
(90) feet in diameter.
It shall be unlawful for any person to park motor vehicles on, or
otherwise obstruct fire apparatus access roads.
2. Fire Lane Pavement Striping and Signage Standards.
Buildings and sites which are required to include fire lanes shall
comply with the following standards:
(a)
Pavement Striping: Fire lane pavement striping shall be yellow and
painted of thermoplastic or an equivalent substitute. The perimeter
of the striping shall begin at the curb and extend to a width of eight
(8) feet parallel to the curb. The perimeter lines and required striping
8
within the perimeter shall be four (4) inches wide with a ten (10) inch
space between stripes. The stripes shall not be painted over or
under the painted words required below.
(b)
Painted Letters on Pavement: The words "FIRE LANE - NO
PARKING" shall be painted within the perimeter of the fire lane
striping. The stroke of each letter shall be four (4) inches wide and
shall be painted in yellow thermoplastic or an equivalent substitute.
Each repeated phrase shall be painted not more than one hundred
(100) feet apart.
(c)
Signs: Fire lane signs shall be installed not more than one hundred
(100) feet apart and shall contain the works "FIRE LANE - NO
PARKING". The background and lettering of signs shall have a high
intensity reflective facing.
(d)
Relationship of Pavement Lettering and Sign Locations: Pavement
lettering and signs shall be staggered in location so that each are not
more than fifty (50) feet apart.
(e)
Curb Painting: All curb facing shall be painted yellow for the entire
length of the fire lane using a thermoplastic material or an equivalent
substitute.
It shall be unlawful for any person to park motor vehicles on or otherwise obstruct
any fire lane.
3. Monitoring Required.
All buildings constructed within the city which are required to be
provided with an automatic fire sprinkler system shall be monitored by a
central station installed to the specifications of NFPA 72 National Fire Alarm
Code as referenced in Chapter 32 of NFPA 1 of the Florida Fire Prevention
Code.
SECTION 4: CODIFICATION.
It is the intention of the City Commission of the City of Sanford, Florida, and it is
hereby ordained that the provisions of this Ordinance, except for Sections 4, 5, 6, and 7,
shall become and be made a part of the Code of Ordinances of the City of Sanford,
Florida; that the Sections of this Ordinance may be renumbered or re-lettered to
accomplish such intention; that the word, "Ordinance," may be changed to "Section,"
"Article," or other appropriate word.
9
SECTION 5: SEVERABILITY If any section or portion of a section of this
Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair
the validity, force or effect of any other action or part of this Ordinance.
SECTION 6: CONFLICTS All Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby revoked.
SECTION 7: EFFECTIVE DATI= That this Ordinance shall become effective
immediately upon passage and adoption.
/~/-"/~ .~.,day 0' ~ , 200~,3~ ....
PASSED
and
ADOPTED
this
M~YOR BRAOY LESSARD
A TTES T'
~'ANET R. DOUGHE~TY, Cl'[~ CLERK
As the City o~:m'~sion of Z~i"~i~y
of Sahford, Florida.
10
As the City Commission of the
City of Sanford, Florida
CERTIFICATION
I, Janet R. Dougherty, City Clerk of the City of Sanford. Florida, do hereby certify
that a true and correct copy of the foregoing Ordnance No.~-~7~, PASSED a.Q,d AD.OPTED
by the City Commission of the City of Sanford, Florida, in ~'he L~day of~_.~, 2003,
o~aS_/~/.~e~/at t~%~)r~;! door of the City Hall in the City of Sanford, Florida, o~ the~--/o-~'~day
~s the City Clerk of'the Cite/of
Sanford, Florida
I:\Lng\Cities~003~Sanford\Ordinances\Ordinance 3776 Reenactment - Fire Prevention.wpd
11