Item T1* 3:00 P.M. Public Hearing *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Aril 18, 2012 - KW
Bulk Item: Yes No X
Division: County Attorney
Staff Contact Person: Cynthia Hall, #3174
AGENDA ITEM WORDING:
A public hearing to consider approval of an ordinance repealing Section 13-1 of the Monroe County
Code.
ITEM BACKGROUND:
In 1987, the State of Florida adopted Section 633.025, F.S., which stated that each municipality,
county and special district should adopt its own fire safety standards. In response, the County adopted
its Ordinance No. 038-1987, now codified in Section 13-1 of the Monroe County Code. As initially
drafted, the ordinance stated that the Standard Fire Prevention Code, 1985 edition, would be adopted
for use as the standard. Over time, the version used as the County standard has been updated. In 1998,
the State legislature revised Section 633.025, F.S. to state that the Florida Fire Prevention Code and
Life Safety Code and National Fire Protection Association 101, Life Safety Code, adopted by the
Florida Department of Insurance, would be legally deemed to be the standard for municipalities,
counties and special districts. The intent was to have uniformity in fire safety standards. There is
therefore no further need for this section of the Monroe County Code.
PREVIOUS RELEVANT BOCC ACTION:
10/20/1987 BOCC passed Ordinance No. 037-1987.
BOCC subsequently passed the following ordinances amending Ordinance No. 037-1987:
Ordinance 019-1988, Ordinance No. 003-1989, Ordinance No. 040-1992, Ordinance No. 026-1993,
Ordinance No. 015-2002 and Ordinance No. 026-2007.
3/21/12 BOCC approved Public Hearing for 4/18/12 @ 3:00 p.m. in Key West, FL.
CONTRACT/AGREEMENT CHANGES:
Not applicable.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes N/A No _ AMOUNT PER MONTH Year
APPROVED BY: County Atty & OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
ORDINANCE NO. — 2012
AN ORDINANCE REPEALING MONROE COUNTY CODE SECTION
13-1; 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, as originally drafted in 1987, Section 633.025 of the Florida Statutes stated
that each municipality, county and special district in Florida with fire safety responsibilities shall
adopt its own minimum firesafety standards; and
WHEREAS, in October 1987, Monroe County Board of County Commissioners
therefore adopted via Ordinance No. 038-1987, which adopted the Standard Fire Prevention
Code, 1985 edition, for use in Monroe County as its Fire Prevention; and
WHEREAS, subsequently, the Board of County Commissioners amended Ordinance
No. 038-1987 from time to time to update the fire safety code being adopted for use as the
minimum standard in Monroe County, via Ordinance Nos. 019-1988, 003-1989, 040-1992, 026-
1993, 015-2002, and 026-2007; and
WHEREAS, on May 28, 1998, the Florida legislature enacted Ch. 98-287, Laws of
Florida, which amended Section 633.025(1), F.S., and provided that the Florida Fire Prevention
Code and the Life Safety Code adopted by the Florida Department of Insurance, operating in
conjunction with the Florida Building Code, shall be deemed adopted by each municipality,
county and special district with firesafety responsibilities; and
WHEREAS, Ch. 98-287, Laws of Florida, also amended Section 633.025(3), F.S., by
stating that the most current version of the National Fire Protection Association (NFPA) 101,
Life Safety Code, adopted by the Department of Insurance, shall be deemed adopted by each
municipality, county and special district with firesafety responsibilities; and
WHEREAS, the intention of Ch. 98-287 was to promote uniform fire safety standards
through the State; and
WHEREAS, the amendment to Section 633.025(1) and (3) obviated the need for
separate County ordinances to set minimum firesafety standards; and
WHEREAS, in addition to the foregoing, an update to Section 13-1 of the Monroe
County Code is also necessary because it contains a reference to an outdated version of the
National Fire Prevention Code and NFPA 101, Life Safety Code; and
WHEREAS, notwithstanding the foregoing, inasmuch as Monroe County Code Section
13-1 is no longer necessary in light of the amendments to Section 633.025(1) and (3), F.S., staff
recommends that the ordinance be repealed in its entirety.
Ordinance Repealing Section 13-1. Monroe County Code
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Monroe County, that:
SECTION 1. Monroe County Code, Section 13-1 is hereby repealed in its entirety.
SECTION 2. SEVERABILITY. Should any provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Ordinance as whole, or any part thereof, other than the part declared to be invalid. 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 3. 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 4. INCLUSION IN THE 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 5. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the
Department of State 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 , 2012.
Mayor Rice
Mayor Pro Tem Wigington
Commissioner Neugent
Commissioner Carruthers
Commissioner Murphy
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
M.
Mayor/Chairperson
MON E COUNTY ATTORNEY
A OV AS TO R
H I A A
ASSISTANT COUNTY ATToTEY
Date -
Ordinance Repealing Section 13-1, Monroe County Code 2
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on April 18, 2012 at 3:00
P.M., or as soon thereafter as may be heard, at the Harvey Government Center, 1200 Truman
Avenue, Key West, Monroe County, Florida, the Board of County Commissioners of Monroe County,
Florida, intends to consider the adoption of the following County ordinance:
AN ORDINANCE REPEALING MONROE COUNTY CODE
SECTION 13-1; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, he will
need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
ADA ASSISTANCE. If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441,
between the hours of 8.30 a.m. - 5: 00 p.m., no later than five (5) calendar days prior to the scheduled meeting;
if you are hearing or voice impaired, call "Ill'
Dated at Key West, Florida, this 21" day of March, 2012.
(SEAL)
Publication dates:
KW Citizen (Mo) 3/26/12
Keynoter (Wed) 3/28/12
Reporter (Fr) 3/30/12
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida