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Home My WebLink AboutItem C09 C9 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting July 16, 2025 Agenda Item Number: C9 2023-4192 BULK ITEM: Yes DEPARTMENT: Fire Rescue TIME APPROXIMATE: STAFF CONTACT: R.L. Colina N/A AGENDA ITEM WORDING: Approval of a Resolution establishing an updated fee schedule pursuant to Chapter 13, "Fire Prevention and Protection," of the County Code; adopting the Monroe County Fire Prevention Inspection Fee Schedule, attached as "Exhibit A;" and providing for said fees to become effective on October 1, 2025. ITEM BACKGROUND: The proposed Resolution updates the fees in the Monroe County Fire Prevention Inspection Fee Schedule, as further described in "Exhibit A," attached thereto and incorporated therein. An increase in fire inspection fees is necessary to cover the cost of conducting fire inspection services provided by the County Fire Marshal's Office, and is essential to protect the public health, safety, and welfare as required by Chapter 13, "Fire Prevention and Protection," of the Monroe County Code of Ordinances (MCCO) and the Florida Fire Prevention Code. Section 13-30, MCCO, mandates that fees shall be charged for initial and ongoing fire prevention code inspections and re-inspections performed on structures, buildings, or occupancies by the Monroe County Fire Department. 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. Section 125.56, Fla. Stat., and Chapter 13, MCCO, authorize the BOCC to establish a schedule of reasonable inspection fees in order to defer costs of inspection and enforcement of the provisions of this the Florida Fire Prevention Code and relevant sections of the Monroe County Code. Fees set forth in the Monroe County Fire Prevention Inspection Fee Schedule may be waived by the Board of County Commissioners at their discretion. The attached Resolution provides for an increase in fire inspection fees for the first time since adoption of the Monroe County Fire Inspection Fee Schedule in 2020; and includes a new Occupant Load Certificate fee, among other updates. The fire prevention inspections fees in the attached Resolution were increased by an average of 4% (approximately) for each year from 2021-2025 based upon the Consumer Price Index for the South region, which includes Monroe County, and such updates are reasonable and necessary to continue the activities and services provided by the Monroe County Fire 554 Marshal's Office. In order to plan for this transition, the Resolution shall be in full force and effect immediately upon its adoption; however, the fee schedule as established in Resolution No. 104-2020 shall remain in force until 11:59:59pm on September 30, 2025. Then, as of 12:00:00am on October 1, 2025, the updated "Monroe County Fire Prevention Inspection Fee Schedule," attached as `Exhibit A"to the proposed Resolution shall become immediately effective. PREVIOUS RELEVANT BOCC ACTION: On April 15, 2020, the BOCC approved the adoption of Ordinance No. 013-2020, that amended language within Chapter 13, "Fire Prevention and Protection," of the Monroe County Code of Ordinances. The amended Code provisions authorized additional fire protection services and permit requirements, as well as authorized the establishment of fees by duly-approved BOCC resolution. Also on April 15, 2020, the BOCC approved Resolution No. 104-2020 that established the fees necessary to cover the cost for the services, and provided an effective date of October 1, 2021. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approve. DOCUMENTATION: BOCC RESOLUTION UPDATING FIRE PREVENTION INSPECTION FEE SCHEDULE_6.30.25(Lgl Appd).pdf Standalone—Monroe County Fire Prevention Inspection Fee Schedule(UDPATED).docx Chapter_13 FIRE PREVENTION_AND_PROTECTION, MCCO.docx 2020-104 BOCC Adoption of Fire Prevention Fee Schedule.pdf FINANCIAL IMPACT: Provides for an average increase of 4% for each year from 2021-2025; new fees become effective on October 1, 2025. 555 RESOLUTION NO. -2025 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ESTABLISHING AN UPDATED FEE SCHEDULE PURSUANT TO CHAPTER 13, "FIRE PREVENTION AND PROTECTION," OF THE MONROE COUNTY CODE OF ORDINANCES; ADOPTING THE MONROE COUNTY FIRE PREVENTION INSPECTION FEE SCHEDULE, AS SET FORTH IN "EXHIBIT A," ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR SAID FEES TO BECOME EFFECTIVE ON OCTOBER 1, 2025; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Monroe County Fire Rescue Department, under the direction of the Monroe County Fire Chief, is responsible for fire safety and prevention throughout unincorporated Monroe County; and WHEREAS, pursuant to Section 13-28, "Duty to enforce certain laws and ordinances," and Section 13-30, "Duty to inspect; authority to require standby personnel; fees for fire code inspections," of the Monroe County Code of Ordinances (MCCO), the Monroe County Fire Marshal, who reports to the Monroe County Fire Chief, has the duty and authority to conduct ongoing fire prevention code inspections, order the removal of dangerous or hazardous conditions or material, issue violations, and require standby fire personnel to mitigate emergency conditions, consistent with the Florida Fire Prevention Code and ordinances of the County; and WHEREAS,Florida Statutes Section 125.56,"Enforcement and amendment of the Florida Building Code and the Florida Fire Prevention Code; inspection fees; inspectors; etc.," states that "[t]he board of county commissioners... may provide a schedule of reasonable inspection fees in order to defer costs of inspection and enforcement of the provisions of this act,and of...the Florida Fire Prevention Code;" and WHEREAS,correspondingly, Sections 13-2 and 13-30,MCCO,provide that,"[t]he board of county commissioners shall, by resolution, establish the fees required pursuant to this chapter;" and 1 556 WHEREAS, on April 15, 2020, the Monroe County Board of County Commissioners (BOCC) adopted the existing Monroe County Fire Prevention Inspection Fee Schedule via Resolution No. 104-2020; and WHEREAS, the Monroe County Fire Rescue Department must increase its fees in order to defer the costs borne upon the County, and such updates are reasonable and necessary to continue the activities and services provided by the Monroe County Fire Marshal's Office; and WHEREAS, as such, County Staff submits the updated Monroe County Fire Prevention Inspection Fee Schedule, attached hereto and incorporated herein as "Exhibit A," for adoption by the BOCC; and WHEREAS, the updated fee schedule will take effect on October 1, 2025, and it is the intent of the County to charge for services rendered as of October 1, 2025, and moving forward, pursuant to the updated Monroe County Fire Prevention Inspection Fee Schedule, without regard to when the permit application was filed, or when the request for services or inspections was made or scheduled; and WHEREAS, it is the County's intent that as of October 1, 2025, the updated Monroe County Fire Prevention Inspection Fee Schedule, attached as "Exhibit A," will replace and supersede, in its entirety,the formerly adopted fee schedule provided in Resolution No. 104-2020; and WHEREAS, the BOCC finds and determines that adopting an updated Monroe County Fire Prevention Inspection Fee Schedule, that establishes the imposition of fees as of October 1, 2025, is in the best interests of the County and is a lawful exercise of its powers. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1: That the foregoing "WHEREAS"clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. The updated "Monroe County Fire Prevention Inspection Fee Schedule" is attached hereto and incorporated 2 557 herein as "Exhibit A." Section 2: That the County Commission does hereby exercise its power and authority to establish by resolution new fees imposed by the County pursuant to Chapter 13,"Fire Prevention and Protection," Monroe County Code of Ordinances, and Section 125.56, Florida Statutes. Section 3: That the County Administrator, or designee, is hereby authorized to take such actions as are deemed necessary and proper to carry out the intent of this resolution. Section 4: That all resolutions or parts of resolutions in conflict with this resolution are hereby rescinded to the extent of such conflict. Section 5: That if any clause, section, other part or application of this resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portion or applications of this resolution. Section 6: That this resolution shall be in full force and effect immediately upon its adoption; however, the fee schedule as established in Resolution No. 104-2020 shall remain in force until 11:59:59pm on September 30, 2025; and as of 12:00:00am on October 1, 2025, the updated "Monroe County Fire Prevention Inspection Fee Schedule," attached hereto and incorporated herein as "Exhibit A," shall become immediately effective. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held on the this day of , 2025. Mayor James K. Scholl Mayor pro tem Michelle Lincoln Commissioner Craig Cates Commissioner David Rice Commissioner Holly Merrill Raschein (Seal) Attest: Kevin Madok, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk James K. Scholl, Mayor Approved as to legal form and sufficiency: Kevin Wilson Digitally signed by Kevin Wilson By: Date:2024.09.20 09:10:11-04'00' Eve M. Lewis, Asst. County Attorney 3 558 "EXHIBIT A" MONROE COUNTY FIRE PREVENTION INSPECTION FEE SCHEDULE Effective October 1, 2025 Group Occupancy Classification Based on Occupancy Fee Load None Occupant Load Certificate Each $200 Under 1,000 SF $125 B/M Business/Mercantile 1,000—9,999 SF $250 10,000—19,999 SF $400 20,000 SF+ $500 Multiple Occupant Mercantile B/M (There will be a flat fee for each Each Inspection $200 occupant Fire&Life Safety inspection) 1 bedroom $125 R-1 Vacation Rentals 2-3 bedrooms $250 4+ bedrooms $400 Under 1,000 SF $125 R-1 Transient; Hotel/Motel 1,000—9,999 SF $250 10,000—19,999 SF $400 20,000 SF+ $500 Up to 49 $125 50-99 $200 A-1,A-2,A3 Assembly 100-300 $250 301 - 1,000 $300 1,000 + $400 Daycare; Occupancies with five 5- 10 $12511 -20 $200 E (5)or more infants less than 2 1/2 yrs and children to 5 yrs 21 -50 $250 51 + $300 0- 1,000 $125 F-1 Industrial/Manufacturing with 1,001 -5,000 $200 5,001 - 10,000 $250 10,001 + $400 High Hazard 0 gal. -30,000 gal. $125 Refer to NFPA 30: Flammable/ Aggregate 30,001 -60,000 Combustible Liquids (Gasoline, $250 Diesel) gal. Aggregate 60,001+gal. $400 High Hazard Refer to NFPA 58: LPG Code 0 gal. -30,000 gal. $125 (Propane) (Cont'd) 1 559 "EXHIBIT A" MONROE COUNTY FIRE PREVENTION INSPECTION FEE SCHEDULE Effective October 1, 2025 Aggregate 30,001 -60,000 $250 gal. Aggregate 60,001+gal. $400 Health Care Hospitals: based on number of 1 - 100 beds $250 i beds Each additional bed $25 Maximum fee $500 Special Events- Fireworks FW Fireworks, Pyrotechnic Displays, Flame $250 Operator Certification;Annual renewal $200 Special Events- Public Assembly,Outside 0-250 $200 PA Public Assembly 251 -350 $250 351 -999 $400 >999 $500 Special Events-Support 0- 15 temporary structures $100 16-25 temporary Temporary,Tents,Awnings,Tarps, $125 PA structures etc. 1,250 SF aggregate $250 coverings Special Events- Public Assembly, Inside 0- 100 persons $125 101 -300 persons $200 PA Trade shows, Festivals, Exhibits, 301 - 1,000 persons $250 > 1,000 persons $400 Storage Facilities Boat Storage, base fee $125 Open rack 0-25 bunks $125 storage, 26-100 $250 including fire bunks suppression > 100 $400 test S Storage; Marinas, Boat Storage Covered 0-25 bunks $200 bunk 26-100 $300 storage, bunks includingfire suppression > 100 $450 test 0- 1,000 SF $125 1,001 -5,000 SF $250 S Storage;Self-Storage Units 5,001 - 10,000 SF $400 10,000-20,000 SF $500 >20,000 SF $600 2 560 "EXHIBIT A" MONROE COUNTY FIRE PREVENTION INSPECTION FEE SCHEDULE Effective October 1, 2025 <12,000 SF $12S S Storage;Aircraft Hangars 12,000-40,000 SF $300 >40,000 SF $S00 Mobile Home/RV Parks 0-2S sites $12S Mobile Home Park 26-7S sites $200 >7S sites $2S0 S-2S sites $12S RV Park 26-7S sites $200 >7S sites $2S0 Fire Suppression Systems A/B Temporary Mobile Food Truck/ Per Hood/Plenum $12S Concession Trailer Automatic Fire Sprinklers,Test 0-20 heads $2S0 Refer: and Recertification 21 -49 heads $400 NFPA 13 >49 heads(flat fee) $S00 NFPA 14 Standpipes Test and Complete System $400 NFPA 20 Recertification NFPA 2S Fire Pumps Test and Complete System $400 Recertification Fire Suppression Systems—Rough Inspection(Including Underground Flush, Flow and Hydrostatic PSI) Automatic Fire Sprinklers,Test and Recertification of new $2S0 systems Standpipes Test and Certification of new system $2S0 Fire Detection/Initiation/ Notification Systems Refer: NFPA 72 Fire Alarm Notification,Test and Certification of new systems $12S Technical Professional Services Assessed for technical professional services, including First hour $200 but not limited to: • Requested On-site visit& required follow-up research, • Requested meetings to review and discuss preliminary plans prior to submittal, Each additional hour or • Letter of Coordination from $12S FMO, portion • Requested special consultation Minor/Major Conditional use applications,and • Review of engineered life safety plans prior to submittal. 3 561 "EXHIBIT A" MONROE COUNTY FIRE PREVENTION INSPECTION FEE SCHEDULE Effective October 1, 2025 Re-Inspection Fee Annual Fire Inspection Fee Single Inspection Schedule Base Fee Second Inspection (within 30 1"Re-Inspection $0 days) Third Inspection 2" Re-Inspection Base Fee +$75 Additional and any subsequent Re-Inspections shall impose a Prior Fee Paid fee of four times(4x)the amount of the fee imposed for the +Additional initial inspection or first re-inspection,whichever is greater, for $50 each subsequent inspection (Ch.553.79(b), F.S.) Standby Fire Personnel or Fire Watch Personnel The hourly rate will be invoiced to applicant/property owner per position. Firefighter/EMT $40 Firefighter/Paramedic $120 Fire Supervisor/Officer $155 Minimum Charge for Standby Fire Personnel or Fire Watch Personnel: The minimum charges for off-duty services shall be the amount for four(4) hours of service. Fire Watch Notice Issuance $540 Collection of Fees and Payment to Employees: Permittee is required to remit cost of the service within fifteen (15)days prior to the date of the permitted activity. Utilization of Vehicles(Not including required personnel for use/operation) Equipment Type Rate ATV Rescue $55/hour Rescue Vehicle—ALS $250/hour Engine/Tanker $250/hour Ladder $250/hour 4 562 MONROE COUNTY FIRE PREVENTION INSPECTION FEE SCHEDULE Effective October 1, 2025 Group Occupancy Classification Based on Occupancy Fee Load None Occupant Load Certificate Each $200 Under 1,000 SF $125 B / M Business / Mercantile 1,000—9,999 SF $250 10,000 — 19,999 SF $400 20,000 SF + $500 Multiple Occupant Mercantile B / M (There will be a flat fee for Each Inspection $200 each occupant Fire & Life Safety inspection) 1 bedroom $125 R-1 Vacation Rentals 2 -3 bedrooms $250 4+ bedrooms $400 Under 1,000 SF $125 R-1 Transient; Hotel / Motel 1,000—9,999 SF $250 10,000 — 19,999 SF $400 20,000 SF + $500 Up to 49 $125 50 -99 $200 A-1, A-2, A3 Assembly 100 - 300 $250 301 - 1,000 $300 1,000 + $400 Daycare; Occupancies with five 5 - 10 $125 E (5) or more infants less than 2 11 - 20 $200 1/2 yrs and children to 5 yrs 21 - 50 $250 51 + $300 0 - 1,000 $125 F-1 Industrial / Manufacturing with 1,001 - 5,000 $200 5,001 - 10,000 $250 10,001 + $400 High Hazard Refer to NFPA 30: Flammable / 0 gal. - 30,000 gal. $125 Combustible Liquids (Gasoline, Aggregate 30,001 - $250 Diesel) 60,000 gal. Aggregate 60,001+ gal. $400 High Hazard Refer to NFPA 58: LPG Code 0 gal. - 30,000 gal. $125 (Propane) (Cont'd) Aggregate 30,001 - 60,000 gal. $250 563 MONROE COUNTY FIRE PREVENTION INSPECTION FEE SCHEDULE Effective October 1, 2025 Aggregate 60,001+ gal. $400 Health Care Hospitals: based on number of 1 - 100 beds $250 1 beds Each additional bed $25 Maximum fee $500 Special Events - Fireworks FW Fireworks, Pyrotechnic Displays, Flame $250 Operator Certification; Annual renewal $200 Special Events - Public Assembly, Outside 0 - 250 $200 PA Public Assembly 251 - 350 $250 351 - 999 $400 > 999 $500 Special Events - Support 0 - 15 temporary $100 structures PA Temporary, Tents, Awnings, 16 - 25 temporary $125 Tarps, etc. structures 1,250 SF aggregate $250 coverings Special Events - Public Assembly, Inside 0 - 100 persons $125 PA Trade shows, Festivals, 101 - 300 persons $200 Exhibits, 301 - 1,000 persons $250 > 1,000 persons $400 Storage Facilities Boat Storage, base fee $125 Open rack 0-25 $125 storage, bunks including fire 26-100 $250 suppression bunks test > 100 $400 S Storage; Marinas, Boat Storage Covered 0-25 bunk bunks $200 storage, 26-100 $300 including fire bunks suppression > 100 $450 test 0 - 1,000 SF $125 1,001 - 5,000 SF $250 S Storage; Self-Storage Units 5,001 - 10,000 SF $400 10,000 - 20,000 SF $500 >20,000 SF $600 <12,000 SF $125 S Storage; Aircraft Hangars 12,000 - 40,000 SF $300 >40,000 SF $500 2 564 MONROE COUNTY FIRE PREVENTION INSPECTION FEE SCHEDULE Effective October 1, 2025 Mobile Home/ RV Parks 0 - 25 sites $125 Mobile Home Park 26 - 75 sites $200 > 75 sites $250 5 - 25 sites $125 RV Park 26 - 75 sites $200 > 75 sites $250 Fire Suppression Systems A/ B Temporary Mobile Food Truck/ Per Hood / Plenum $125 Concession Trailer Automatic Fire Sprinklers, Test 0 - 20 heads $250 Refer: 21 - 49 heads $400 NFPA 13 and Recertification > 49 heads (flat fee) $500 NFPA 14 Standpipes Test and Complete System $400 NFPA 20 Recertification NFPA 25 Fire Pumps Test and Complete System $400 Recertification Fire Suppression Systems — Rough Inspection (Including Underground Flush, Flow and Hydrostatic PSI) Automatic Fire Sprinklers, Test and Recertification of new $250 systems Stand i es Test and Certification of news stem $250 Fire Detection / Initiation / Notification Systems Refer: Fire Alarm Notification, Test and Certification of new systems $125 NFPA 72 Technical Professional Services Assessed for technical professional services, including First hour $200 but not limited to: • Requested On-site visit& required follow-up research, • Requested meetings to review and discuss preliminary plans prior to submittal, • Letter of Coordination from Each additional hour or $125 FMO, portion • Requested special consultation Minor/ Major Conditional use applications, and • Review of engineered life safety plans prior to submittal. Re-Inspection Fee Single Inspection Annual Fire Inspection Base Fee Fee Schedule Second Inspection (within 30 1st Re-Inspection $0 days) 3 565 MONROE COUNTY FIRE PREVENTION INSPECTION FEE SCHEDULE Effective October 1, 2025 Third Inspection 2nd Re-Inspection Base Fee + $75 Additional and any subsequent Re-Inspections shall impose Prior Fee Paid a fee of four times (4x) the amount of the fee imposed for the +Additional initial inspection or first re-inspection, whichever is greater, $50 for each subsequent inspection (Ch. 553.79 (b), F.S.) Standby Fire Personnel or Fire Watch Personnel The hourly rate will be invoiced to applicant/property owner per position. Firefighter/ EMT $40 Firefighter/Paramedic $120 Fire Supervisor/Officer $155 Minimum Charge for Standby Fire Personnel or Fire Watch Personnel: The minimum charges for off-duty services shall be the amount for four 4 hours of service. Fire Watch Notice Issuance $540 Collection of Fees and Payment to Employees: Permittee is required to remit cost of the service within fifteen (15) days prior to the date of the permitted activity. Utilization of Vehicles (Not including required personnel for use/operation) Equipment Type Rate ATV Rescue $55/hour Rescue Vehicle —ALS $250/hour Engine/Tanker $250/hour Ladder $250/hour 4 566 Monroe County, Florida,Code of Ordinances Chapter 13 FIRE PREVENTION AND PROTECTION Chapter 13 FIRE PREVENTION AND PROTECTION'S ARTICLE I. IN GENERAL Sec. 13-1. Reserved. Ord. No.007-2012, § 1,adopted Apr. 18,2012, repealed § 13-1,which pertained to fire safety codes adopted and derived from Code 1979, §6.6-6;Ord. No.38-1987, § 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; Ord. No.026-2007, § 1. State law reference(s)—Mandatory standards, F.S. §633.025. 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 county 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 county 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 county fire marshal or authorized designee pursuant to subsection (a)of this section may withdraw the application at any time by written notice, 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$195.00. The county fire marshal or authorized designee may designate the number and size of the signs to be used. 'State law reference(s)—Fire protection powers of county, F.S. § 125.01(1)(d);fire prevention and control, F.S.ch. 633. Monroe County,Florida,Code of Ordinances Created: 2025-06-06 10:54:46 [EST] (Supp.No.30,Update 2) Page 1 of 6 567 (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 12 inches wide and 18 inches high posted with a permanent above-grade sign with a red border and white background. (2) Lettering must be not less than six inches(150 mm) high,with the principal strokes of letters not less than three-fourths inch (19 mm).All letters shall be capital letters with the caption; "NO PARKING FIRE LANE BY ORDER OF THE FIRE MARSHAL." (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$195.00 per occurrence. (Code 1979, §6.6-8;Ord. No. 25-1999,§§ 1-7; Ord. No.013-2020, § 1) 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 fire marshal 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. a. The permit shall provide documentation of coordination and additional permitting as required by the following: 1. United States Coast Guard (USCG),Sector Key West. 2. Florida Keys National Marine Sanctuary(FKNMS). b. 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 firingjunction(s); 3. Automatic electrical firing unit; 4. Hand-held electrical firing unit; 5. Manual electrical firing unit. (2) The county fire marshal shall determine that the applicant has purchased a commercial general liability insurance policy with limits of not less than $1,000,000.00 per occurrence and $2,000,000.00 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 Created: 2025-06-06 10:54:46 [EST] (Supp.No.30,Update 2) Page 2 of 6 568 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,caused by,or arising out of the fireworks display. a. The county fire marshal shall determine that the applicant has statutory workers'compensation with employer's liability coverage with minimum limits of$500,000.00. b. The county 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 county fire marshal shall require that the fireworks display will be supervised by a person trained in pyrotechnics. a. The sponsor of the display shall make provisions for adequate fire protection for the display. b. The county fire marshal shall determine the level of fire protection required. (b) Supervision. Such fireworks shall not be displayed within: (1) One hundred 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 400 feet of areas zoned for residential use. (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) [Fee established.]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. (Code 1979, § 13-4;Ord. No. 29-1983,§§ 1-4; Ord. No.30-1985, §§ 1-3;Ord. No.34-1985;Ord. No.5-1986,§ 1; Ord. No. 1-1991, § 1; Ord. No.007-2017,§ 1,6-21-2017; Ord. No.013-2020, §2) Sec. 13-4. Storage of flammable liquids. No buildings,structures,or premises shall be used for the storage,sale or use of gasoline or any other liquid with a flashpoint of 60 degrees Fahrenheit or less where any of the boundaries of the lot upon which such gasoline or other liquid is stored, used or sold are within 200 feet, measured in a straight line,of the nearest boundary line of any building or structure used as a church,school, hospital, home for the aged, nursing home,orphanage, auditorium,or theater,except open air theaters.This provision shall not prevent the use of liquefied gases for domestic heating purposes.Any storage of flammable liquids shall be subject to the requirements of the state. (Code 1979, § 19-138; Ord. No. 1-1973, § 1(art.VII, §43)) Secs. 13-5-13-26. Reserved. ARTICLE II. FIRE MARSHAL Created: 2025-06-06 10:54:46 [EST] (Supp.No.30,Update 2) Page 3 of 6 569 Sec. 13-27. Appointment,job description. (a) The board of county commissioners shall appoint a county fire marshal,who shall be responsible for the enforcement and administration of local and state fire codes. (b) The job description and requirements for the position of fire marshal are set forth as an addendum to this chapter which is incorporated herein by reference. (Code 1979, §6.6-1;Ord. No. 20-1984,§ 1) Editor's note(s)—The addendum referred to in this section is not printed herein but is on file with the original ordinance. It has been amended by Ordinance No.45-1987, § 1,and Ordinance No.2-1989, §§ 1-3. 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 the 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 county 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. (Code 1979, §6.6-2;Ord. No. 20-1984,§ 1; Ord. No.013-2020, §3) Sec. 13-29. Duty to investigate and make recommendations. It shall be the duty of the county fire marshal to investigate and to recommend to the board of county commissioners such additional ordinances or amendments to existing ordinances as he may deem necessary for safeguarding life and property against fire. Created: 2025-06-06 10:54:46 [EST] (Supp.No.30,Update 2) Page 4 of 6 570 (Code 1979, §6.6-3;Ord. No. 20-1984,§ 1) Sec. 13-30. Duty to inspect; authority to require standby personnel; fees for fire code inspections. (a) The county 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. a. 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. b. Inspect permanent and temporary buildings, processes,equipment,systems,and other fire and related life safety situations. C. 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 the county fire marshal's orders at all times and shall be identifiable and remain on 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 reinspections 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. (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. (Code 1979, §6.6-4;Ord. No. 20-1984,§ 1; Ord. No.41-1986, §2;Ord. No.013-2020, §4) Editor's note(s)—Ord. No.013-2020, §4,adopted April 15,2020,changed the title of§ 13-30 from"Duty to inspect"to read as herein set out. Sec. 13-31. Appeals. Determinations by the county fire marshal may be appealed by the board of county commissioners. Created: 2025-06-06 10:54:46 [EST] (Supp.No.30,Update 2) Page 5 of 6 571 (Code 1979, §6.6-5;Ord. No. 20-1984,§ 1) Created: 2025-06-06 10:54:46 [EST] (Supp.No.30,Update 2) Page 6 of 6 572 RESOLUTION NO. 104 -2020 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ADOPTING THE MONROE COUNTY FIRE PREVENTION INSPECTION FEE SCHEDULE, ATTACHED HERETO AND MADE A PART OF THIS RESOLUTION AS EXHIBITA.;AND HEREBY PROVIDING AN EFFECTIVE DATE. WHEREAS, Monroe County Fire Rescue, under the direction of the Monroe County Fire Chief, is responsible for fire safety and prevention throughout Monroe County; and WHEREAS, the Monroe County Fire Marshal, who reports to the Monroe County Fire Chief,has the duty and authority to conduct ongoing fire prevention code inspections and,when applicable, the authority to order the removal of dangerous or hazardous conditions or material and, if necessary, require standby fire personnel to mitigate emergency conditions; and WHEREAS, the Board of County Commissioners of Monroe County, Florida (hereinafter`BOCC") adopted Ordinance No. 013-2020 at a public hearing held April 15, 2020 amending Chapter 13 of the Monroe County Code setting forth updated and additional fire protection and permit/fire inspection requirements; and WHEREAS, pursuant to Chapter 13 of the Monroe County Code, as amended by the ordinance adopted April 15, 2020 by the BOCC, the fees necessary to cover the cost for the services by the County Fire Marshal must be established by resolution of the BOCC; and . WHEREAS, the Monroe County Fire Prevention Inspection Fee Schedule, attached hereto and made a part of this resolution as Exhibit A., is being presented for approval by the BOCC; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Monroe County Fire Prevention Inspection Fee Schedule, attached hereto and made a part of this Resolution as Exhibit A., is hereby adopted. Section 2. Effective date. This resolution shall become effective October 1, 2021. Page 1 of 2 573 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of April, 2020. Mayor Heather Carruthers No Mayor Pro Tem Michelle Coldiron Yes Commissioner Craig Cates Yes Commissioner David Rice Yes -Yes Commissioner Sylvia J. 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