Item C02D/3
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor Heather Carruthers, District 3
Mayor Pro Tem Michelle Coldiron, District 2
TheFloridaKeys
Craig Cates, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
February 19, 2020
Agenda Item Number: C.2
Agenda Item Summary #6485
BULK ITEM: Yes DEPARTMENT: Emergency Services
TIME APPROXIMATE: STAFF CONTACT: James Callahan (305) 289-6088
9:00 AM
AGENDA ITEM WORDING: Approval to advertise a Public Hearing to consider adoption of an
Ordinance amending Chapter 13 of the Monroe County Code for the provision of additional fire
protection and permit requirements, as well as set forth fees for periodic fire inspections.
ITEM BACKGROUND:
BOCC authorized fees for fire inspections per the FY20 Adopted Budget.
PREVIOUS RELEVANT BOCC ACTION:
Section 13-2 was last amended under Ordinance No. 25-1999,
Section 13-3 was last amended under Ordinance No. 007-2017,
Section 13-28 was last amended under Ordinance No. 20-1984, and
Section 13-30 was last amended under Ordinance No. 41-1986.
CONTRACT/AGREEMENT CHANGES:
Public Hearing to advertise and adopt an Ordinance amending Chapter 13 of the Monroe County
Code to increase fines in no parking areas; set forth new regulations for no parking signs, set forth
additional fire protection requirements and the provision of permit applications, as well as the
provision of fees to help offset the cost of county fire marshal inspections.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Chapter 13 Ordinance Amendment
Monroe County Fire Prevention Inspection Fee Schedule
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
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Total Dollar Value of Contract: $0.00
Total Cost to County: $0.00
Current Year Portion: $0.00
Budgeted: Yes
Source of Funds: Fund 148, Fire Marshal 14000, Account Code 530498
CPI: No
Indirect Costs: No
Estimated Ongoing Costs Not Included in above dollar amounts: None
Revenue Producing: No If yes, amount: N/A
Grant: No
County Match: No
Insurance Required: No
Additional Details: N/A
Advertising Costs are TBD; Acccount 530498 Advertising
02/19/20 148-14000 · FIRE MARSHALL $0.00
Advertising
REVIEWED BY:
James Callahan Completed 01/31/2020 4:44 PM
Pedro Mercado Completed 01/31/2020 5:41 PM
Budget and Finance Completed 02/03/2020 9:20 AM
Maria Slavik Completed 02/03/2020 10:18 AM
Kathy Peters Completed 02/03/2020 3:42 PM
Board of County Commissioners Pending 02/19/2020 9:00 AM
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ORDINANCE -2020
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING SECTION 13-2 OF THE MONROE COUNTY
CODE INCREASING THE AMOUNT OF THE CIVIL FINE
IN NO PARKING AREAS; SETTING FORTH THE
REGULATIONS FOR THE PHYSICAL DIMENSIONS OF
NO PARKING SIGNS AND MINIMUM LETTER SIZE ON
NO PARKING SIGNS; AMENDING SECTION 13-3
SETTING FORTH ADDITIONAL PERMIT
REQUIREMENTS; SETTING FORTH ADDITIONAL
INSURANCE REQUIREMENTS; SETTING FORTH
ADDITIONAL FIRE PROTECTION REQUIREMENTS AND
PROVIDING FOR PERMIT APPLICATION AND
INSPECTION FEES; AMENDING SECTION 13-28 SETTING
FORTH ADDITIONAL ENFORCEMENT AUTHORITY
PURSUANT TO THE COUNTY FIRE MARSHALS DUTY TO
ENFORCE LAWS AND ORDINANCES AND PROVIDING
FOR FEES TO COVER THE COST OF COUNTY FIRE
MARSHAL INSPECTIONS; AMENDING SECTION 13-30
SETTING FORTH THE REFERENCE SOURCES FOR
DANGEROUS AND HAZARDOUS MATERIALS
INSPECTIONS; EXPANDING THE DEFINTION OF THE
BUILDING AND PREMISES TO BE INSPECTED;
GRANTING AUTHORITY TO REQUIRE STANDBY FIRE
PERSONNEL; SETTING FORTH FEES FOR FIRE CODE
INSPECTIONS; PROVIDING FOR WAIVING OF FEES BY
THE BOARD OF COUNTY COMMISSIONERS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Monroe County Fire Rescue, as directed by the Monroe County Fire Chief,
has responsibility for Fire Safety and Prevention throughout Monroe County and is committed to
providing public safety; and
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WHEREAS, the Monroe County Fire Marshal, who reports to the Monroe County Fire
Chief, has the duty and authority to conduct and set forth fees for initial and ongoing fire prevention
code inspections to be charged to the business owner, including the authority to order the removal
of dangerous or hazardous conditions or material and require standby fire personnel to mitigate
emergency conditions; and
WHEREAS, the permit, insurance and supervision requirements, including the
establishment of fees for timely review of permit application requests and related inspection(s),
for use of fireworks are being updated;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
\[Proposed Text Changes are presented in strikethrough to indicate deletions and underline
to indicate additions.\]
Section 13-2 Establishment of emergency vehicle zones on private
SECTION 1:
property shall be amended to read as follows:
Sec. 13-2. - Establishment of emergency vehicle zones on private property.
(a) On application of the owner or lessor of real property and payment of the fee established
in accordance with subsection (f) of this section, the county fire marshal or authorized
designee shall inspect the grounds of any shopping center, shopping mall, parking lot or
parking garage and determine whether there are areas that should be kept free of parked
motor vehicles in order to facilitate access to buildings by authorized emergency vehicles
as defined in F.S. § 316.003. When making this determination, the fire marshal or
authorized designee shall consider the following factors:
(1) The number of people who frequent the property;
(2) The accessibility of the property by authorized emergency vehicles; and
(3) The frequency of calls for emergency services at the property.
(b) The fire marshal or authorized designee, upon determining that there are areas within a
shopping center, shopping mall, parking lot or parking garage, that should be kept free
of parked vehicles in order to facilitate building access by authorized emergency vehicles,
shall discuss the matter with the owner or lessee of the property, and if there is no
objection, shall permit the owner or lessee of the property to erect emergency vehicles
zone signs in accordance with subsection (d) of this section.
(c) The owner or lessee of a shopping center, shopping mall, parking lot or parking garage
who has made application to the fire marshal or authorized designee pursuant to
subsection (a) of this section may withdraw the application at any time by written notice,
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unless required to set aside and designate emergency vehicles zones in order to develop
any real property in accordance with land development regulations.
(d) Areas in which parking is to be prohibited pursuant to this section shall be conspicuously
posted with signs advising motorists that parking is prohibited pursuant to this section
and that violators will be fined $100.00 195.00. The fire marshal or authorized designee
may designate the number and size of the signs to be used.
(e) All signs erected or allowed by subsection (d) of this section shall be installed and
maintained by the property owner or lessee of the property.
(1) Signs must be no less than twelve incx
posted with a permanent above-grade sign with a red border and white
background.
(2) Lettering must be not less than 6 in. (150 mm) high, with the principal strokes of
letters not less than ¾ in. (19 mm). All letters shall be capital letters with the
(f) The board of county commissioners shall, by resolution, establish a fee to pay costs of
inspection of property and establishment of emergency vehicles zones pursuant to this
section.
(g) Any person who causes a motor vehicle to be parked in an area in which parking is
prohibited pursuant to subsection (f) of this section shall be subject to a civil fine of
$100.00 195.00 per occurrence.
SECTION 2: Section 13-3 Use of fireworks shall be amended to read as follows:
Sec. 13-3. - Use of fireworks.
(a) Permit required.
(1) A permit for the display of fireworks, as defined under F.S. § 791.01 and F.S. §
791.02, shall be acquired from the county fire marshal. The county firemarshal
will approve the application for a fireworks permit only if safety conditions and
provisions of law are met. An application for a fireworks display must be received
by the county fire marshal at least 30 days in advance of the date of display under
written procedures and on a form approved by the board of county commissioners.
As part of the permit process, an indemnification and hold-harmless agreement
on behalf of the Monroe County Board of County Commissioners must be
executed by the fireworks display sponsor or organizer, and should be approved
by the board of county commissioners or county administrator or his designee,
and the county risk management office if county property is intended to be used
to conduct the display of fireworks.
i. The permit shall provide documentation of coordination and additional
permitting as required by the following;
1. United States Coast Guard (USCG), Sector Key West
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2. Florida Keys National Marine Sanctuary (FKNMS)
ii. The sponsor and operator shall maintain a copy of the approved permit at
all times including during event preparation as well as post event during
the disassembling of:
1. Battery(ies),
2. Electrical firing junction(s),
3. Automatic Electrical Firing Unit,
4. Hand-Held Electrical Firing Unit,
5. Manual Electrical Firing Unit.
(2) The fire marshal shall determine that the applicant has purchased a liability
insurance policy of not less than $1,000,000.00 per occurrence and $2,000,000
annual aggregate that covers the fireworks display, that the county is named as an
additional insured on the insurance policy, that the county will be held harmless
from any liabilities relative to the display of fireworks under the permit, and that
the county will be afforded indemnity and a defense for any and all claims, suits,
causes of action, loss, damage, costs, expenses and liabilities that may result or
arise out of the fireworks display, including but not limited to any and all claims,
suits, causes of action, judgments or damages sustained by Monroe County for
bodily injury or for injury to or loss of property resulting from, causedby, or
arising out of the fireworks display.
i.
$500,000.00.
ii. The fire marshal shall determine by review of the application if a barge is
required. The applicant must provide Watercraft Liability in compliance
with the Merchant Marine Act of 1920, also known as the Jones Act with
minimum limits of $1,000,000.00.
(3) Further, the fire marshal shall require that the fireworks display will be supervised
by a person trained in pyrotechnics.
i. The sponsor of the display shall make provisions for adequate fire
protection for the display.
ii. The county fire marshal shall determine the level of fire protection
required.
(b) Supervision. Such fireworks shall not be displayed within:
(1) 100 feet of a building of any sort.
(2) Or be conducted within one-half mile of any hospital, nursing home or nursing
care center.
(3) Or be conducted within four hundred (400) feet of areas zoned for Residential
use.
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(c) Time limit on permit. Any permit issued shall be for a time not to exceed four hours and
shall state with certainty on the application where, during what hours and the time the
display shall be exhibited. Further rules and regulations where indicated and needed shall
be adopted by the board of county commissioners on the recommendation of the public
works department.
(d) The board of county commissioners shall, by resolution, establish a fee to pay costs of
the timely review of the permit application and all necessary inspection(s) of the grounds,
property, or barge used.
SECTION 3: Section 13-28 Duty to enforce certain laws and ordinances shall be amended to
read as follows:
Sec. 13-28. - Duty to enforce certain laws and ordinances.
(a) It shall be the duty of the county fire marshal to enforce all laws and ordinances of the
county, covering the following:
(1) The prevention of fires;
(2) The storage and use of explosives and flammables;
(3) The installation and maintenance of automatic and other fire alarm systems and fire
extinguishing equipment;
(4) The maintenance and regulation of fire escapes;
(5) The means and adequacy of exits in case of fire, from factories, schools, hotels,
restaurants, lounges, lodging houses, asylums, hospitals, churches, halls, theaters,
amphitheaters, and all other places in which numbers of persons work, live or
congregate, from time to time, for any purpose;
(6) The investigation of the cause, origin and circumstances of fire; and
(7) The maintenance of fire cause of loss records.
(b) The county fire marshal shall have authority to order any person(s) to remove or remedy
such dangerous or hazardous condition or material. Any person(s) failing to comply with
such order shall be in violation of Florida Fire Prevention Code and ordinances of the
county.
(1) To the full extent permitted by law, any county fire marshal or their designee
engaged in fire prevention and inspection work shall be authorized at all reasonable
times to enter and examine any building, structure, marine vessel, vehicle, or
premises for the purpose of making fire safety inspections.
(c) The fire marshal is granted the authority to issue citations for violations of this chapter.
(d) The board of county commissioners shall, by resolution, establish a fee to pay costs of
inspection to this section.
SECTION 4: Section 13-30. - Duty to inspect shall be amended to read as follows:
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Sec. 13-30. - Duty to inspect; Authority to require standby personnel; Fees for fire code
inspections.
(a) The fire marshal shall:
(1) Inspect or cause to be inspected at all reasonable times, any building or premises
for dangerous or hazardous conditions or materials as set forth in the Florida Fire
Prevention Code and ordinances of the county.
(i) Inspect or cause to be inspected, all buildings on a periodic basis that are
two floors in elevation or more and those properties with commercial,
multifamily, and hotel or motel uses, including public buildings, and shall
make such orders as may be necessary for the enforcement of the laws and
ordinances governing the same and for safeguarding of life and property
from fire.
(i) Inspect permanent and temporary buildings, processes, equipment, systems,
and other fire and related life safety situations.
(ii) Conduct fire safety inspections of new construction and existing buildings
located in educational facilities, educational plants, ancillary plants, and
auxiliary facilities to ensure the safety of occupants.
(b) The county fire marshal shall inspect multiple building and commercial plans to see that
the same comply with all fire prevention and control provisions of the ordinances of the
county and laws of the state.
(c) The county fire marshal shall have the authority to require standby fire personnel or
approved fire watch personnel when potentially hazardous conditions or, a reduction in a
life safety feature exists due to the type of performance, display, exhibit, occupancy,
contest or activity, or when there is an impairment to a fire protection feature, or because
of the number of persons present.
(1) Such approved standby fire personnel or fire watch personnel shall be subject to
duty during the times such places are open to the public, when such activity is being
conducted, or as required by the authority having jurisdiction.
(d) Fees shall be charged to the business owner for initial and ongoing fire prevention code
inspections and re-inspections performed on structures, buildings, or occupancies by the
fire department pursuant to this section.
(e) Fees shall also be charged for inspections required by permits for public assembly,special
events and for the cost of approved standby fire personnel or fire watch personnel.
(f) The board of county commissioners shall, by resolution, establish the fees required
pursuant to this chapter.
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(g) Fees set forth in the Monroe County Fire Prevention Inspection Fee Schedule may be
waived by the Board of County Commissioners at their discretion.
SECTION 5: SEVERABILITY. If any portion of this ordinance is for any reason held invalid
or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining
portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable
to any person, property or circumstances, such holding shall not affect its applicability to any other
person, property or circumstances.
SECTION 6: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 7: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance
shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida,
as an addition or amendment thereto, and shall be appropriately renumbered to conform to the
uniform numbering system of the Code.
SECTION 8: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with
the Department of State and shall be effective as provided in section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the ______ day of ________________, 2020.
Mayor Heather Carruthers _______
Mayor Pro Tem Michelle Coldiron _______
Commissioner Craig Cates _______
Commissioner David Rice _______
Commissioner Sylvia Murphy _______
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By______________________________ By_________________________________
Deputy Clerk Mayor/Chairperson
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