Item T2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 21, 2012 Division: County Attorney's Office
Bulk Item: Yes x No _ Department:
Staff Contact Person/Phone #: Cynthia Hall, x 3174
AGENDA ITEM WORDING:
Approval to advertise a public hearing for 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 firesafety 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 firesafety standards.
There is therefore no further need for this section of the Monroe County Code.
PREVIOUS RELEVANT BOCC ACTION: Ordinance No. 038-1987 passed by BOCC on
10/20/1987. Subsequent ordinances amending original ordinance: 019-1988, 003-1989, 040-1992,
026-1993, 015-2002, and 026-2007.
CONTRACT/AGREEMENT CHANGES:
Not applicable
STAFF RECOMMENDATIONS:
Approval to advertise a public hearing to be held in Key West on April 18, 2012.
TOTAL COST: 200 INDIRECT COST: N/A BUDGETED: N/A
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X
DISPOSITION:
Not Required
AGENDA ITEM # Pq
r r. 9p rtime
'CL,
Monroe County Ordinance No. 038-1987
and subsequent amendments
G>
Joe London
Fire Marshal
ORDINANCE NO. 038 -1987
AN ORDINANCE OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, PROVIDING
FOR THE ADOPTION OF THE 1985 EDITION FOR THE
STANDARD FIRE PREVENTION CODE, AS ADOPTED BY
THE FLORIDA LEGISLATURE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
WITH THIS ORDINANCE; PROVIDING FOR INCLUSION
IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Board of County Commissioners of Monroe County,
Florida, deems it necessary to have adequate fire safety codes to
enhance the health, safety, and welfare of the residents of
Monroe County, Florida.
WHEREAS, it is the desire of the Board of County Commission-
ers of Monroe County, Florida to adopt, in all respects, the 1985
edition of the Standard Fire Codes, as adopted by the Florida
Legislature.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that:
Section 1. The Standard Fire Prevention Code, 1985
edition is hereby adopted for use in Monroe County, Florida as
its Code for Fire Prevention.
Section 2. If any section, subsection, sentence, clause
or provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 4. The provision 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. This Ordinance shall take effect immediately
upon receipt of official notice from the Office of the Secretary
of State of the State of Florida that this Ordinance has been
filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the &b%_ day of OGfb6-r , A.D. 1987.
(SEAL)
Attest:I)ANNY L KOLSAGA Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
-- r Pro-Tem
AP ^, rn AS TO FORT.✓.
^ ' 41
AL SUFFICIENCY.
.9Y
Attornwa 0frWe
Joe London
Fire Marshal
ORDINANCE NO. 019 -1988
AN ORDINANCE OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, PROVIDING
FOR THE ADOPTION OF THE NATIONAL FIRE PROTEC-
TION ASSOCIATION (NFPA) 101, LIFE SAFETY
CODE, 1985 EDITION, AS PART OF SAID MINIMUM
FIRE SAFETY CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL ORDINANCES OR
PARTS IN CONFLICT WITH THIS ORDINANCE;
PROVIDING FOR INCLUSION IN THE MONROE COUNTY
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, F.S. 633.025 mandates that each county with fire
safety responsibilities shall adopt minimum fire safety standards
which shall operate in conjunction with the State Minimum Build-
ing Code, adopted by F.S. 533.73; and
WHEREAS, in addition, each county with fire safety responsi-
bilities shall adopt The National Fire Protection Association
(NFPA) 101, Life Safety Code, 1985 edition, as part of the
minimum fire safety code; now therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1. The National Fire Protection Association
(NFPA) 101, Life Safety Code, 1985 edition, is hereby adopted as
part of the County's minimum fire safety code.
Section 2. If any section, subsection, sentence, clause
or provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not affected by such invalidity.
Section 3. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 4. 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. This Ordinance shall take effect immediately
upon receipt of official notice from the Office of the Secretary
n
of State of the State of Florida that this Ordinance has been
filed with said Office.
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 N\" C�' , A.D., 1988.
(SEAL)
Attest :DANNY L KOLSAGE, Clerk
CLERK
ADOPTED :
FILED WITH SECRETARY OF STATE:
EFFECTIVE DATE : _
BL/A.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
1
,Y
p
s
Mayor Mike Puto
O M
Cr 4 ORDINANCE NO. 003 -1989
ao
Ate ORDINANCE REPEALING ORDINANCES NOS.
r N-M-1988 AND 038-1988; AMENDING SECTION
c d�-6, MONROE COUNTY CODE, IN ORDER TO
:,,,RDVIDE FOR THE ADOPTION OF THE 1988 EDITIONS
w z lD@ THE NATIONAL FIRE PROTECTION ASSOCIATION
� �,(WPA) 101, LIFE SAFETY CODE AND THE STANDARD
FFRE PREVENTION CODE AS THE MINIMUM FIRE
SAFETY AND FIRE PREVENTION CODES FOR MONROE
COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, F.S. 633.025(2) requires Monroe County to adopt the
1985 edition of the NFPA 101, Life Safety Code, and the 1985
edition of the Standard Fire Prevention Code; and
WHEREAS, F.S. 633.025(5) authorizes Monroe County to adopt
more stringent fire safety standards if desired; and
WHEREAS, Monroe County desires to adopt the more stringent
1988 editions of the aforementioned codes; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. Ordinance No. 019-1988 and Ordinance No.
038-1988 are hereby repealed.
Section 2. Section 6.6-6, Monroe County Code, is hereby
amended to read as follows:
Sec. 6.6-6 Fire safety codes adopted.
(a) The Standard Fire Prevention Code, 1988 edition, which
is incorporated into this ordinance by reference, is hereby
adopted for use in Monroe County, Florida, as the minimum fire
safety code.
(b) The National Fire PrntPvtinn A.--4 nr4..., iwrnA% tni
Life Safety Code, 1988 edition, which is incorporated into this
ordinance by reference, is hereby adopted for use in Monroe
County as part of its minimum fire safety code.
Section 3. If any section, subsection, sentence, clause
or provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 4. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 5. 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 6. This Ordinance shall take effect immediately
upon receipt of official notice from the Office of the Secretary
of State of the State of Florida that this Ordinance has been
filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the _L,4 day of _ JG Nuatr N A.D. , 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Y
ayor a rman
(SEAL)
Attest:D.ANINY j_ $GAGE, Clerk
Gleft
FILED WITH SECRETARY OF STATE: / -,?j-8 f
EFFECTIVE DATE:_ 1—ZS-89
APPROVED AS TO POW
AND LEGAL sf/FFlCImr.
B
Attomev/s Off
VA
Fire Marshal
ORDINANCE NO. 040 -1992
AN ORDINANCE OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, REPEALING
ORDINANCE NO. 003-1989; AMENDING SECTION
6.6-6, MONROE COUNTY CODE, IN ORDER TO
PROVIDE FOR THE ADOPTION OF THE 1991 EDITIONS
OF THE NATIONAL FIRE PROTECTION ASSOCIATION
(NFPA) 101, LIFE SAFETY CODE AND THE STANDARD
FIRE PREVENTION CODE AS THE MINIMUM FIRE
SAFETY AND FIRE PREVENTION CODES FOR MONROE
COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Florida Statutes 633.025(2) requires Monroe County
to adopt the 1985 edition of the NFPA 101, Life Safety Code, and
the 1985 edition of the Standard Fire Prevention Code; and
WHEREAS, Florida Statutes 633.025(5) authorizes Monroe
County to adopt more stringent fire safety standards if desired;
and
WHEREAS, Monroe County desires to adopt the more stringent
1991 Editions of the aforementioned codes; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1. Ordinance No. 003-1989 is hereby repealed.
Section 2. Section 6.6-6, Monroe County Code, is hereby
amended to read as follows:
(a) The Standard Fire Prevention Code, 1991
edition, which is incorporated into this section by
reference, is hereby adopted for use in Monroe County,
Florida, as the minimum fire safety code.
(b) The National Fire Protection Association
(NFPA) 101, Life Safety Code, 1991 edition, which is
incorporated into this section by reference, is hereby
a
adopted for use in Monroe County, Florida, as the
minimum fire safety code.
Section 3. If any section, subsection, sentence, clause
or provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 4. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 5. 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 6. This Ordinance shall take effect immediately
upon receipt of official notice from the Office of the Secretary
of State of the State of Florida that this Ordinance has been
filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 27th day of October, A.D., 1992.
Mayor Harvey Yes
Mayor Pro Tem London Yes
Commissioner Cheal Yes
Commissioner Jones Yes
Commissioner Stormont Yes
(SEA,) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
BY. '
EFFECTIVE DATE:
vif ire
PC k
r
Building Official
ORDINANCE NO. 026 -1993
AN ORDINANCE AMENDING SEC. 6.6-6(a) MONROE
COUNTY CODE, BY AN ORDINANCE ADOPTING THE
1992 AND 1993 AMENDMENTS TO THE 1991 STANDARD
FIRE PREVENTION CODE AS PART OF THAT CODE
APPLICABLE IN THE UNINCORPORATED AREAS OF
MONROE COUNTY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPO-
RATION INTO THE MONROE COUNTY CODE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1. Sec. 6.6-6(a), Monroe County Code, is hereby
amended to read as follows:
Sec. 6.6-6(a), The Standard Fire Prevention
Code 1991 edition as amended by the 1992 and
1993 revisions, which are incorporated into
this section by reference, are hereby adopted
for use in the unincorporated area of Monroe
County, Florida, as the minimum fire safety
code.
Section 2. If any section, subsection, sentence, clause
or provision of this ordinance is held invalid, the remainder of
this ordinance shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of
said conflict.
Section 4. The provisions of this ordinance shall be
included and incorporated in the Code of urdinances of the County
of Monroe, Florida, as an addition or amendment thereto, and
t_ I
- r-
shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 5. This ordinance shall take effect immediately
upon receipt of official notice from the Office of the Secretary
of State of the State of Florida that this ordinance has been
filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 28th day of September , A.D., 1993.
Mayor London
Mayor Pro Tem Cheal
Commissioner Harvey
Commissioner Freeman
Commissioner Reich
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
By
- 'a /.z a
Deputy Werk
EFFECTIVE DATE
viifirecode
yes
yes
yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
MayortChairman
J'+ ovco A3,7r
AS1;a ,
N -
Board of County Commissioners
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, AMENDING SEC. 6.6-6, MONROE COUNTY CODE, IN
ORDER TO ADOPT THE 2000 EDITIONS OF THE NATIONAL FIRE PROTECTION
ASSOCIATION (NFPA-1), AND THE 2000 EDITION OF THE LIFE SAFETY CODE
(NFPA-101); PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE 14ONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA:
Section 1. Sec. 6.6-6, Monroe County Code, is hereby amended to read as follows:
Sec. 6.6-6. Fire safety codes adopted.
(a) The National Fire Prevention Code 2000 Edition which is incorporated
into this section by reference, is hereby adopted for use in the unincorporated areas of
Monroe County, Florida, as the minimum fire safety code.
(b) The National Fire Protection Association (NFPA) 101, Life Safety Code,
2000 edition, which is Incorporated into this section by reference, is hereby adopted
for use in the county as the minimum fire safety code.
Section 2. If any section, subsection, sentence, clause or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 4. 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.
c3 CSecti�on 55. This ordinance shall take effect immediately upon receipt of official notice from
&e Office the- Secretary of State of the State of Florida that this ordinance has been filed with said
(of iced a `�
o= PASSeli&ND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
2 regu ar meeigg of said Board held on the 19th day of June, 2002.
0
Ya� Atte�t% V 'Il
By,. _ n..,N,
eputy
3dondfire2000
irles McCoy yes
Tern Dixie Spehar yes
finer Murray Nelson yes
finer George Neugent yM
finer Humberto Jimenez yes
BOARD OF COUN7V COMMISSIONERS
OF MONROE CO 1, FLORIDA
By
APPROVED AS TQJFOP.M Mayo Chairperson
AND EGAL SU IE
B
ZA N JH A,O�N
neTF _.. _ fd 1l`�
ORDINANCE NO. 026 - 2007
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AMENDING SECTION 6.6-6, MONROE COUNTY CODE, IN
ORDER TO ADOPT THE 2004 EDITION OF THE FLORIDA FIRE
PREVENTION CODE INCORPORATING THE NATIONAL FIRE
PROTECTION ASSOCIATION (NFPA) 1 UNIFORM FIRE AND
LIFE SAFETY CODE, 2003 EDITIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREVMM; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. Section 6.6-6 of the Monroe County Code shall be amended as follows:
Sec. 6.6-6. Fire safety codes adopted.
(a) The Florida Fire Prevention Code 2004 Edition which is incorporated into this
section by reference, is hereby adopted for use in the unincorporated areas of Monroe
County, Florida, as the minimum fire and life safety code.
(b) The National Fire Protection Association (NFPA) 1, 2003 edition, which is
incorporated into this section by reference, is hereby adopted for use in the county as the
minimum fire and life safety code.
(Ord. No. 38-1987, S 1; Ord. No. 19-1988, § 1; Ord. No. 3-1989, § 2; Ord. No. 40-1992,
§ 2; Ord. No. 26-1993, § 1; Ord. No. 015-2002, § 1)
S 'on 2 If any section, subsection, clause or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity.
S i n 3. All ordinances or parts of ordinances in conflict with this
ordinance are repealed to the extent of said conflict.
Section 4. 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. This ordinance shall take effect immediately upon receipt of
official notice from the Office of the Secretary of State of the State of Florida that this
ordinance has been filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the loth day of June
2007.
Mayor Mario Di Gennaro
Mayor Pro Tem Dixie Spehar
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
VE*ommissioner Sylvia Murphy
'Attest: DIA2MY,i.. KOLHAGE, Clerk
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COA&SSIONERS
OF MONROE COUNTY, FLORIDA
Mayor Mario i Gennaro
MON E COUNTY ATTO EY
O D A8 .
Date ASSISTANT UNTY ATTORNEW��d .y
Chapter Law 98-287
Ch. 98-287 LAWS OF FLORIDA
Ch. 9&287
Section 59. Effective January 1, 2001, section 633.025, Florida Statutes,
is amended to read:
633.025 Minimum firesafety standards.—.
(1) The Florida IN,.
standardwhich shall operate in conjunction with the Florida e-�
a Building Code, shall be deemed adopted by each mun*ci' ah coon
and special district vv�th fi*p�nfety rPa„o„a i,
ilitie
apply to buildin 'The � firesafety co s � shall not
under s. 633.022 a�ndbuildin structures subject to the uniform firesafety standards
hresafe standards ado and structures subject to the minimum
�' Pad pursuant to s. 394.879.
(2) Pursuant to subsection (1), each municipality,
district with firesafety responsibilities shall county, and special
Fire Prevention Cad the T ;fo Q �. ,� r , ad enforce ands
�e Code sedeg
safety code reguir by this sechnn; as the minimumfire-
"bsestie&(4).
(3) The mn
banal Fire Protecti11,
the De on Association (NFPA)101, ado t b
nt of Life Safety Code
ali coonun s ci
)! a In uran a shall be d emed to be ado ted b eac rn 'ci-
L with firesaferes L •,
as part of the m' "=•aauulLlc T1,9ga
inimum firesafety code.
2561