HomeMy WebLinkAboutItem U01 BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Michelle Lincoln,District 2
The Florida. Keys Mayor Pro Tem David Rice,District 4
p Craig Cates,District I
James K.Scholl,District 3
-� Holly Merrill Raschein,District 5
Regular Meeting
April 15, 2026
Agenda Item Number: U1
26-0745
BULK ITEM: No DEPARTMENT: Fire Rescue
TIME APPROXIMATE: N/A STAFF CONTACT: R.L. Colina
AGENDA ITEM WORDING: A Public Hearing to consider adoption of an Ordinance that amends
the Monroe County Code of Ordinances, Chapter 13, to revise and update provisions for consistency
with the Florida Fire Prevention Code (FFPC) and applicable National Fire Protection Association
(NFPA) standards, clarify the enforcement authority of local fire officials, and establish enhanced
enforcement mechanisms for fire code violations.
ITEM BACKGROUND: Monroe County Fire Rescue (MCFR) is requesting approval of the attached
Ordinance that will amend Chapter 13 of the Monroe County Code of Ordinances to update and align
local fire code provisions with the Florida Fire Prevention Code(FFPC)and applicable NFPA standards.
The modifications to Chapter 13, "Fire Prevention and Protection," Article I, "In General," include:
amending Section 13-2, "Establishment of emergency vehicle zones on private property,"to repeal and
replace it with the new title of"Duties and responsibilities of owners or occupants of land,"and set forth
new language therein; and amending Section 13-3, "Use of fireworks," to update terminology and
procedures to ensure consistency throughout the Code and relevant state laws; and amending Section
13-4, "Storage of flammable liquids,"by renaming the section to "Airborne flame devices prohibited,"
and providing new language therein. Additional modifications to Chapter 13, "Fire Prevention and
Protection," Article I, "In General," include: enacting new Sections 13-5, entitled "Multi-Building
complexes and developments," 13-6, entitled "Access boxes," 13-7, entitled "Premises identification,"
and 13-8, entitled "Emergency action plans," to set forth new provisions within the Code that are
consistent with the FFPC and formal codification will promote public awareness of these state and local
requirements. Last, this Ordinance modifies Chapter 13, "Fire Prevention and Protection," Article II,
"Fire Marshal,"by amending Sections 13-28 through 13-3 1 therein to clarify the County's authority to
enforce applicable fire safety codes. The proposed revisions are necessary to clarify the authority
of local fire officials to initiate appropriate enforcement actions for fire code violations, establish and
supplement enforcement pathways to improve compliance with adopted fire and life safety codes, and
ensure operational alignment with current state and national standards. The goals of this Ordinance are
to eliminate ambiguities, strengthen compliance with minimum fire and life safety standards,and ensure
alignment with nationally recognized codes and standards, while providing clear direction for
enforcement by MCFR. These updates will support MCFR in effectively enforcing fire and life safety
regulations, and enhance the County's ability to protect life, property, and general public welfare. All
procedural prerequisites required for ordinance adoption have been perforined.
PREVIOUS RELEVANT BOCC ACTION: On January 28, 2026, the BOCC approved Ordinance
No. 005-2026 that amended the County's Code of Ordinances which, among other clarifications,
authorized the MCFR Fire Chief to appoint qualified MCFR personnel to perform the specific duties of
a local fire official to ensure effective administration, enforcement, and oversight of fire prevention
activities. Many of the amendments within this proposed Ordinance update sections derived from the
County's Code in 1979, and were intermittently updated over the years. This proposed Ordinance
reflects a comprehensive update to all the sections within Chapter 13 (in its entirety).
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Adoption of the Ordinance attached hereto.
DOCUMENTATION:
ORD Amending Chapter 13 - Fire Prevention Enforcement
BIE- Adoption of Code Updates on FFPC Enforcement (Published on Website 3/31/26)
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
C�9)
3 �� 1w
4 u
5 ORDINANCE NO._-2026
6
7 AN ORDINANCE OF THE BOARD OF COUNTY
8 COMMISSIONERS OF MONROE COUNTY, FLORIDA,
9 AMENDING THE MONROE COUNTY CODE, CHAPTER
10 13, "FIRE PREVENTION AND PROTECTION,"ARTICLE I,
11 "IN GENERAL," BY AMENDING SECTIONS 13-2 AND 13-
12 3, THEREIN, TO UPDATE THE CODE AND ITS
13 TERMINOLOGY; AND BY AMENDING SECTION 13-4,
14 "STORAGE OF FLAMMABLE LIQUIDS," BY RENAMING
15 THE SECTION TO "AIRBORNE FLAME DEVICES
16 PROHIBITED," AND PROVIDING NEW LANGUAGE
17 THEREIN; AND BY ENACTING NEW SECTIONS WITHIN
18 THAT ARTICLE, SPECIFICALLY SECTIONS 13-5,
19 "MULTI-BUILDING COMPLEXES AND
20 DEVELOPMENTS," 13-6, "ACCESS BOXES," 13-7,
21 "PREMISES IDENTIFICATION," AND 13-8,
22 "EMERGENCY ACTION PLANS," TO SET FORTH NEW
23 PROVISIONS CONSISTENT WITH THE FLORIDA FIRE
24 PREVENTION CODE; AND BY AMENDING ARTICLE II,
25 "FIRE MARSHAL," SECTIONS 13-28 THROUGH 13-31,
26 THEREIN,TO CLARIFY THE COUNTY'S AUTHORITY TO
27 ENFORCE APPLICABLE FIRE SAFETY CODES;
28 PROVIDING FOR CONFLICTS; PROVIDING FOR
29 SEVERABILITY; PROVIDING FOR CODIFICATION; AND
30 PROVIDING FOR TRANSMITTAL AND AN EFFECTIVE
31 DATE.
32
33 WHEREAS, the Monroe County Board of County Commissioners (BOCC) recognizes
34 that the work of ordinance codification is an ongoing process that requires continuous effort by
35 various County officials and staff, and it is the goal of the BOCC to ensure that the Monroe County
36 Code of Ordinances is kept current and of maximum use and clarity; and
37
38 WHEREAS, the Legislature of the State of Florida has, in Chapter 125, "County
39 Government,"Florida Statutes, conferred upon local governments the authority to adopt laws and
40 regulations designed to promote the public health, safety, and general welfare of its citizenry; and
41
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42 WHEREAS,pursuant to Article VIII of the Florida Constitution and Section 125.66, Fla.
43 Stat.,Monroe County possesses the police powers to enact ordinances in order to protect the health,
44 safety, and welfare of the County's citizens; and
45
46 WHEREAS, Section 125.01(1)(d), Fla. Stat., states that counties have the power to
47 "[p]rovide fire protection, including the enforcement of the Florida Fire Prevention Code, as
48 provided in ss. 633.206 and 633.208, and adopt and enforce local technical amendments to the
49 Florida Fire Prevention Code as provided in those sections and pursuant to s. 633.202"; and
50
51 WHEREAS, Monroe County has adopted ordinances establishing standards and
52 procedures for fire prevention and protection to safeguard life, property, and the general welfare
53 of the public; and
54
55 WHEREAS, pursuant to Section 633.118, Fla. Stat., "[t]he chiefs of county, municipal,
56 and special-district fire service providers; other fire service provider personnel designated by their
57 respective chiefs... are authorized to enforce this chapter[633] and all rules prescribed by the State
58 Fire Marshal within their respective jurisdictions"; and
59
60 WHEREAS, the Board of County Commissioners recently clarified that the Monroe
61 County Fire Chief may designate the Fire Marshal and Deputy Fire Marshals to enforce the
62 minimum fire safety codes within unincorporated Monroe County; and
63
64 WHEREAS, it is in the best interests of promoting the health, safety, and welfare of the
65 community to amend the County Code to clarify the enforcement authority of said individuals to
66 allow each to issue notice of violations to be heard by the Monroe County Code Compliance
67 Special Magistrate, as well as authorize those individuals to issue citations to be heard by the
68 County Court and, in specific instances, direct the County Attorney to file an appropriate cause of
69 action in Circuit Court to address imminently dangerous circumstances; and
70
71 WHEREAS, in light of the fact that some violations may require immediate redress in the
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72 courts, the Board finds it necessary to amend the County Code to include specific authorization
73 for the County Attorney to file an appropriate action for relief in the Circuit Court without seeking
74 prior authorization from the Board if the County's local fire official detennines that the violation(s)
75 of the minimum fire safety code poses an imminent threat to the health, safety, and welfare of the
76 public, or poses a substantial risk of serious harm to person(s) or property, and immediate relief
77 from the court is needed; and
78
79 WHEREAS, updates to Articles I and 11, within Chapter 13 of the Monroe County Code,
80 will clarify the authority of the County's local fire official(s), e.g. fire marshal and deputy fire
81 marshals, with regard to their fire safety responsibilities and powers, and supplement the
82 enforcement pathways available to those individuals in order to facilitate the greatest level of
83 compliance with applicable minimum fire safety codes; and
84
85 WHEREAS,the Board of County Commissioners finds and determines that these updates
86 will strengthen accountability, improve operational alignment, and support a clear directive within
87 the Monroe County Fire Rescue Department, and is in the best interest of Monroe County,Florida.
88
89 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
90 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
91
92 Section 1: Ratification. That the foregoing"WHEREAS"clauses are hereby ratified
93 and confirmed as being true and correct and are hereby made a specific part of this ordinance.
94
95 Section 2: Amendment to Section 13-2. That the Monroe County Code shall be
96 amended by amending Chapter 13, "Fire Prevention and Protection," Article I, "In General," by
97 amending Section 13-2, "Establishment of emergency vehicle zones on private property,"to repeal
98 and replace it with the new title of"Duties and responsibilities of owners or occupants of land"
99 and such lanugage to read as follows:
100
101 Sec. 13-2. Duties and responsibilities of owners or occupants of land.
102 (a) The owners,proprietors, lessees, tenants, or other occupants of land,property, or structures
103 shall be jointly and severally responsible for the existence of fires thereon, and it shall be
104 the duty of such parties, and they hereby are required by this section, to prevent the starting
105 of unauthorized fires on such lands, property, or structures, and said owners or other
106 occupants shall eliminate and extinguish, and assist in eliminating and extinguishing, the
107 same when burning or which may exist from any cause whether of their own account or
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108 from other source, including the spreading of fires to said lands, property, or structures
109 from outside areas.
110 (b) Whenever a violation of this chapter or of the Florida Fire Prevention Code occurs or exists,
ill any person,individually or otherwise who has a legal,beneficial or equitable interest in the
112 facility or instrumentality causing or contributing to the violation or who has a legal,
113 beneficial, or equitable interest in the real property upon which such facility or
114 instrumentality is located shall be jointly and severally liable for said violation regardless
115 of fault and regardless of knowledge of the violation. This provision shall be construed to
116 impose joint and several liability, regardless of fault and regardless of knowledge of the
117 violation, upon all persons, individually or otherwise, who, although no longer having any
118 such legal,beneficial or equitable interest in said facility or instrumentality or real property,
119 did have such an interest at any time during which such violation existed or occurred or
120 continued to exist or to occur. This provision shall be liberally construed to protect the
121 public health, safety, and welfare and to accomplish the purposes of this chapter and the
122 Florida Fire Prevention Code.
123
124
125 ,
126 , par-kiiig let of
127 pafkiiig gafage,
128
129 , the eettiity fife ffiftfsh
130 .
131 (1) The N w,bet: of people whe Sequent the pf apet:ty;
132 ;
133 (3) The 4e"eiiey of ealls for-emefgeiiey sefviees ,t the ,. ,.,er-ty.
134 ,
135 ,p , that should be kept
136
137 , and if thef
138 iie abjeelieii,
139 .
140 ,
141 ,
142 ,
143
144 .
145
146 posted with signs adAsing motor-ists that par4ing is pfohibited pur-stia*t to eetiAIA AIA'4
147 ,
148 designa4e the nembef and size of the signs to be ttwd,
149 (e) All signs etveted of allavved by s4seetion (d) of this seetion shall be installed aft
150
151 (1) Signs mest be fie less thaa 12 inehes wide and 19 ifiehes high posted with
152 .
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153 ,with the pfifteipal Stf
154
155 with the effpfiefi;• "NO PARKPiG FIRE LANE BY ORDER OF THE F!
156 OFFICI n r "
157 ,
158
159seefieiir
160
161
162 .
163
164 Section 3: Amendment to Section 13-3. That the Monroe County Code shall be
165 amended by amending Chapter 13, "Fire Prevention and Protection," Article I, "In General," by
166 amending Section 13-3, "Use of fireworks," therein, to read as follows:
167
168 Sec. 13-3. Use of fireworks.
169 (a) Permit required.
170 (1) A permit for the display, discharge, or use of fireworks, pyrotechnics, or flame
171 effects, as defined under F.S. § 791.01 and F.S. § 791.02, shall be acquired from
172 the county's local fire official(s), e.g. fire marshal. The county's local fire
173 official(s), e.g. fire marshal.,will approve the application for a fireworks permit only
174 if safety conditions and provisions of law are met, including but not limited to
175 compliance with Chapter 791, Florida Statutes, the Florida Fire Prevention Code,
176 NFPA 1123 — Code for Fireworks Display, NFPA 1126— Standard for the Use of
177 Pyrotechnics Before a Proximate Audience, NFPA 160 — Standard for Flame
178 Effects Before an Audience, and any other applicable federal, state, or local laws
179 and regulations. An application for athe display, discharge, or use of fireworks
180 pyrotechnics, or flame effectsdisp! y must be received by the county's local fire
181 official(s), e.g. fire marshal., at least 30 days in advance of the date of proposed
182 display, discharge, or use. The County's Fire Chief will adopt a standard operating
183 procedure to processtm#et written permit applications and review procedures.,
184 including adopting &Rd e a form application for use by the public
185 . If the permittee requests use of County property,
186 Aas part of the permit process, an indemnification and hold-harmless agreement
187 benefiting oft behalf e the Monroe County Board of County Commissioners, its
188 officers, and employees, must be executed by the fireworks display sponsor ander
189 organizer, and muster be approved in advance by the
190 eeniniissietiefs e county administrator.,or his or her designee, and the county risk
191 management office if eouftt-y pfope4y is intended to be used to eendtiet the disp!
192 Of fifeW . All permittees are required to provide proof of insurance coverage
193 and a bond conditioned for the payment of all damages which may be caused either
194 to a person or to property by reason of the permittee's display and arising from any
195 acts of the permittee, his or her agents, employees, or subcontractors. Such
196 insurance coverage and bond will be in an amount deemed adequate by the county's
197 local fire official, e.g. fire marshal, as such authority is hereby delegated by the
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198 Board of County Commissioners pursuant to Section 791.03,Fla. Stat., as amended
199 from time to time. A bond deemed adequate by the county's local fire official, e.g_
200 fire marshal, is subject to the approval of County Risk Management, and must be
201 for a sum not less than $500.
202
203
204
205 2. Per-ida Keys National Mafifi ctttafy=(F-u, ).
206
207
208
209 1. B ttef y( es);
210 ;
211 3. n„t,.,ti,,,tie eleetfieal fi fi g ait
212 ;
213 5. Mantial eleetfieal fifiiig ttiiit-.
214 z
215 eeffiffiefeial gefter-al liability iiisttfa-flee pokey with lifnits ef iiet less th
216 ,
217
218 peftey, tha4 the eetiiity will be held hafffiless fteffi any liabilities felfffi��e to the
219
220 ,
221 ,
222 ineittding btA fiat limited to miy and all elaims, suits, eaidses of aetion,jtidgmen
223
224 of pfopefty festilfing ffem, eattsed by, of afising otit of the fifewefks display.
225 '
226 '
227 $500,000.00,
228
229
230
231 .
232 , the eettfi4y fife ffiafshal shall f equife tha4 the fifewefks display will
233 .
234
235
236 .
237 (b) Supervision and location restrictions.
238 The following establishes the minimum distances from the described use or local zoning
239 cat�ry for which fireworks, pyrotechnics, or flame effects may be used, displayed,
240 conducted:
241 (1) At least Bone hundred feet(100ft) fromef a building or structure of any sorts.-
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242 (2) Of be eeiidtiet a ...i4ti- ^t least one-half 1/2 mile fromef any hospital, nursing
243 home,or nursing care center:.-and
244 (3) Of be ^eiidtieted w; At least four hundred feet (400fft) feet fromef areas zoned
245 for residential use.
246 Notwithstanding the above established minimum distances, the county's local fire
247 official sag. fire marshal, may increase the minimum distance and require specialized
248 supervision as it relates to my given permit based on the facts and circumstances of the
249 request, site-specific safety conditions, and the need to protect the public from hazards to
250 property or danger to any person's safety and welfare.
251 (c) Time limit on permit. Any permit issued shall be for a time not to exceed four 4 hours
252 and shall state with certainty on the application where, during what hours and the time the
253 display shall be exhibited. Fti ft e f fines and fogulations .a4efe indi.^te a-Rd needed sha
254 be adopted by the beafd of eetiffty eommissionefs on the feeommendation of the pi
256 (d) fFee established.} The board of county commissioners shall, by resolution, establish a fee
257 to pay costs of the timely review of the permit application and all necessary inspection(s)
258 of the grounds, property, or barge used, and such other costs as deemed appropriate.
259 (e) Consistent with Sections 791.012 and 791.02, Fla. Stat., as may be amended from time to
260 s� time, any section of this Chapter, or county rule or standard operating procedure authorized
261 hereunder, that is more stringent than the state law or rules concerning the outdoor display
262 of fireworks will be enforceble. To the extent any provision contained herein directly
263 conflicts with state laws or rules concerning the outdoor display of fireworks, such
264 conflicting provision herein will be considered severed and unenforceable. The
265 unenforceability of any conflicting�provision herein will not impact the validity and
266 enforceability of the remaining provisions of this section or chapter.
267
268 Section 4: Amendment to Section 13-4. That the Monroe County Code shall be
269 amended by amending Chapter 13, "Fire Prevention and Protection," Article I, "In General," by
270 amending Section 13-4, "Storage of flammable liquids," by renaming the section to "Airborne
271 flame devices prohibited," and providing new language therein to read as follows:
272
273 Sec. 13-4. Stefage of flaffifnable liq Airborne flame devices prohibited.
274 The use, ignition, or release of sky lanterns or similar free-floating airborne flame devices
275 is prohibited within the unicorporated areas of Monroe County, and within such other areas where
276 Monroe County Fire Rescue is authorized to enforce the Florida Fire Prevention Code or the
277 lifesafety code as described herein. A sky lantern or similar free-floating airborne flame device is
278 a device that can propel itself through the air and, either in whole or in part, the device may
279 from the hand of the holder into the air without visible propulsion or control of movement, or move
280 from the place where it was lit or placed on the ground after ignition into the air in a similar fashion.
281 , sale of tise of gaseiii4e of aiiy
282
283 ,
284 ,
285 , , exeept open
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286 .
287 .
288
289 Section 5: Creation of Sections 13-5 through 13-8. That the Monroe County Code
290 shall be amended by amending Chapter 13, "Fire Prevention and Protection," Article I, "In
291 General,"by enacting new Sections 13-5, entitled"Multi-Building complexes and developments,"
292 13-6, entitled "Access boxes," 13-7, entitled "Premises identification," and 13-8, entitled
293 "Emergency action plans," to read as follows:
294
295 Sec. 13-5. Multi-Building complexes and developments.
296 Commercial and residential developments or complexes, consisting of more than (4) four
297 buildings, served by a system of private fire department access roads, shall provide an illuminated
298 site plan (map) of the complex and the following shall apply:
299 (a) The site plan (map) shall be of sufficient size and be located at all emergency vehicle
300 entrances in an area to be clearly viewed from within a responding emergency vehicle,
301 (b)The site plan(map)must be a detailed representation of the access roads)and buildings
302 within the complex;
303 (c) The site plan (map) shall be constructed with durable materials suitable to withstand
304 outdoor environments and shall be maintained and updated as necessary;
305 (d) Each building on the site shall be represented as an outline of the footprint of the
306 building as it is located on the site; and
307 (e) The building number/address shall be clearly identified for each building on the site
308 _plan (map).
309
310 Sec. 13-6. Access boxes.
311 Where deemed necessary by Monroe County Fire Rescue, an access box may be required
312 to gain access to areas housing fire protection equipment. The access box shall be of a type
313 approved by Monroe County Fire Rescue. Failure to provide an access box as required by Monroe
314 County Fire Rescue will constitute a violation of this section.
315
316 Sec. 13-7. Premises identification.
317 (a) New and existing buildings shall have approved address numbers posted or placed in a
318 position to be plainly legible and visible from the street or road fronting the property. Address
319 numbers shall contrast with the background color of the posting surface Address numbers shall
320 be Arabic numerals or alphabet letters, as applicable.
321 (1) For residential occupancies, except hotels, motels, dormitories, and apartment
322 buildings with more than three (3) units, numbers shall be not less than three (3) inches in
323 hem
324 (2) For board and care, family day care, and group day care occupancies located in
325 single family homes, numbers shall be not less than three (3)inches in height.
326 (3) For all other occupancy classifications,numbers shall be not less than six(6)inches
327 in height.
328 (b) For commercial occupancies, street address or suite numbers must be additionally posted
329 on or adjacent to all rear access doors of the commercial occupancy. In enclosed shopping
330 the business name and space number shall be posted on rear doors. Address numbers shall contrast
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331 with the background color of the posting surface. Address numbers shall be Arabic numerals or
332 alphabet letters, as applicable.
333 (1) Numbers shall not be less than three (3) inches in height.
334 (c) Individual apartments, offices, and other sub-divided spaces within a building or structure
335 shall be identified by a clearly marked apartment or suite number, as applicable.
336
337 Sec. 13-8. Emergency action plans.
338 Emergency action plans required for designated facilities as provided by the Florida Fire
339 Prevention Code, NFPA 1, Chapter 10, as may be amended from time to time, must be submitted
340 for review by the the county's local fire official(s), e.g. fire marshal, no later than 12 months after
341 the preceding annual inspection. As used herein "designated facilities" include, but may not be
342 limited to, the following occupancies: high rise buildings; health care facilities; ambulatory health
343 care; residential board and care; assembly, day care; special amusement buildings, hotels;
344 dormitories; detention and correction; educational; underground/windowless buildings; facilities
345 storing hazardous materials; and where otherwise required by the county's local fire official(s),
346 e.g. fire marshal. Failure to provide an emergency action plan as required by the county's local fire
347 official(s), e.g. fire marshal, will constitute a violation of this section.
348
349 Section 6: Amendments to Sections 13-27 through 13-31. That the Monroe County
350 Code shall be amended by amending Chapter 13, "Fire Prevention and Protection,"Article II,"Fire
351 Marshal,"by amending Sections 13-28 through 13-31 therein, to read as follows:
352
353 ARTICLE II. FIRE MARSHAL
354
355 Sec. 13-28. Duty to enforce certain laws and ordinances.
356 (a) It shall be the duty of the county's local fire official(s), e.g-- fire marshal and deputy
357 fire marshals, to enforce all laws and ordinances of the county, covering the
358 following:
359 (1) The prevention of fires;
360 (2) The storage and use of explosives and flammables;
361 (3) The installation and maintenance of automatic and other fire alarm systems
362 and fire extinguishing equipment;
363 (4) The maintenance and regulation of fire escapes;
364 (5) The means and adequacy of exits in case of fire, from factories, schools,
365 hotels, restaurants, lounges, lodging houses, asylums, hospitals, churches,
366 halls, theaters, amphitheaters, and all other places in which numbers of
367 persons work, live or congregate, from time to time, for any purpose;
368 (6) The investigation of the cause, origin and circumstances of fire;
369 (7) The maintenance of fire cause of loss records-.Land
370 (8) Such other matters as are set forth in the minimum fire safety code.
371 (b) The county's local fire official(s), e.g._fire marshal and deputy fire marshals, shall
372 have authority to order any person(s) to remove or remedy such dangerous or
373 hazardous condition or material consistent with the requirements of the minimum
374 fire safety code. Any person(s) failing to comply with such order shall be in
375 violation of the Florida Fire Prevention Code and ordinances of the county.
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376 (1) To the full extent permitted by law, the county's local fire official(s), e.g_
377 fire marshal and deputy fire marshals,
378 designee while engaged in fire prevention and inspection work shall be
379 authorized at all reasonable times to enter and examine any building,
380 structure, marine vessel, vehicle, or premises for the purpose of making fire
381 safety inspections.
382 (c) The county's local fire official(s), e.g.fire marshal and deputy fire marshals, area
383 granted the authority to:
384 1 Iissue civil citationisl consistent with the process established in Chapter 8,
385 Article III of the Monroe County Code, and/or through such civil citation
386 processes established in Section 633.214, Fla. Stat., and/or Section 125.69,
387 Fla. Stat., for violations of this chapter 13, and chapter 11, Monroe County
388 Code, as applicable, and as may be amended from time to time.
389 (2) Issue notice(s) of violation(s) and coordinate with the county's Code
390 Compliance Director, or designee, to utilize the Monroe County Special
391 Magistrate System, established in Chapter 8, Article II of the Monroe
392 County Code, for purposes of enforcing the provisions of this chapter 13,
393 and chapter 11 of the Monroe County Code, as applicable, through an
394 administrative hearing process.
395 (3) Issue notice(s) to appear in the 161h Judicial Circuit of Florida, in and for
396 Monroe County, Florida, in the County Court, as the process is established
397 in Chapter 8, Article III, Section 8-68, "Notice to Appear," of the Monroe
398 County Code, for purposes of enforcing the provisions of this chapter 13,
399 and chapter 11 of the County Code, as applicable.
400 Each of the above enforcement procedures are deemed additional and supplemental
401 to the others. This section expressly authorizes various non-exclusive means of
402 enforcing the minimum fire safety code within the County. The county's local fire
403 official(s), e.g. fire marshal and deputy fire marshal(s), shall possess the discretion
404 to determine the appropriate enforcement procedure in order to facilitate the
405 greatest level of compliance with the applicable minimum fire safety codes and the
406 Monroe County Code. In furtherance of such enforcement, the county's local fire
407 official(s), e.g. fire marshal and deputy fire marshal(s), when performing or
408 exercising fire safety responsibilities and powers, are hereby additionally
409 designated as code compliance officer(s) or code inspector(s) for purposes of
410 initiating any of the enforcement procedures authorized hereunder.
411 (d) To the extent that the county's local fire official(s), e.g. fire marshal and depu , fire
412 marshal(s), determines that a violation or multiple violations under this chapter 13,
413 or chapter 11, as applicable, poses an imminent threat to the health, safety, and
414 welfare of the public, or poses a substantial risk of serious harm to person(s) or
415 property, the County Attorney is authorized to file a civil action in the 16th Judicial
416 Circuit of Florida, in and for Monroe County, Florida, in the Circuit Court, seeking
417 immediate relief without further authorization from the board of county
418 commissioners, and consistent with Section 13-29(c)(5), hereof.
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419 (e) The board of county commissioners shall,by resolution, establish a-fees to pay costs
420 of inspection, enforcement, and performance of fire safety code duties assigned
421 pursuant to this section.
422 (fl Except to the extent that a specific penalty is enumerated for a specific violation,
423 the general penalty imposed for violations under this chapter 13 is as set forth in
424 Section 1-8, "General penalty," Monroe County Code, as may be amended from
425 time to time.
426
427 Sec. 13-29. Duty to investigate and make recommendations.
428 Laj It shall be the duty of the county's local fire official(s), e.g-fire marshal and deputy
429 fire marshals, to investigate and to recommend to the Monroe County Fire
430 Chief oat:' of eatmty^^ri,v, iss such additional ordinances or amendments to
431 existing ordinances as he may be deemed necessary for safeguarding life and
432 property against fire. At the discretion of the Fire Chief, he or she will provide
433 appropriate recommendations involving any updates of ordinances to the board of
434 county commissioners.
435 �21 The county's local fire official(s), e.g. fire marshal and deputy fire marshals, will
436 work cooperatively with the Monroe County Building Department and the Monroe
437 County Building Official to facilitate compliance and enforcement of the minimum
438 fire safety code within the unincorporated areas of the county. As necessary, the
439 Fire Chief will establish such policies and standard operating�procedures for
440 administration of the responsibilities of the county's local fire official(s
441 marshal and deputy fire marshal(s), consistent with the Monroe County Code and
442 the minimum fire safety code.
443 (c) The Fire Chief shall be the official authoritative source, but may designate others as
444 provided herein, to:
445 (11,) Render interpretations of chapter 13 and chapter 11 of the Monroe County Code;
446 Q Issue cease and desist orders and/or cease and desist letters;
447 (33) Prepare and submit petitions for declaratory statements to the State Fire Marshal;
448 J41 Prepare and submit requests for non-binding interpretations of the minimum fire
449 safety code to the State Fire Marshal; and
450 f5j Determine whether a violation or violations pose an imminent threat to the health,
451 safety, and welfare of the public, or pose a substantial risk of serious harm to
452 person(s) or property, and upon consent of the County Administrator, direct the
453 County Attorney to file a civil action in the 161h Judicial Circuit of Florida, in and
454 for Monroe County, Florida, in the Circuit Court, seeping immediate relief.
455 As to any of the specifically enumerated powers or duties listed above, the Fire Chief may
456 delegate, in writing, that the fulfillment of such duty or duties has been assigned to one of
457 the county's local fire officials, e.g. fire marshal, to act on behalf of the County.
458
459 Sec. 13-30. Duty to inspect; authority to require standby personnel; fees for fire code inspections.
460 (a) The county's local fire official(s), e.9---fire marshal and deputy fire marshal(s), shall:
461 (1) Inspect or cause to be inspected at all reasonable times, any building or premises
462 for dangerous or hazardous conditions or materials as set forth in the fire safety
463 code, Florida Fire Prevention Code and ordinances of the county.
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464 a. Inspect or cause to be inspected, all buildings on a periodic basis that are
465 two Q floors in elevation or more and those properties with commercial,
466 multifamily, and hotel or motel uses, including public buildings, and shall make
467 such orders as may be necessary for the enforcement of the laws and ordinances
468 governing the same and for safeguarding of life and property from fire.
469 b. Inspect permanent and temporary buildings,processes,equipment, systems,
470 and other fire and related life safety situations.
471 C. Conduct fire safety inspections of new construction and existing buildings
472 located in educational facilities, educational plants, ancillary plants, and auxiliary
473 facilities to ensure the safety of occupants.
474 (b) The county's local fire official(s), e.g_fire marshal and deputy fire marshal(s), shall inspect
475 multiple building and commercial plans to see that the same comply with all fire prevention
476 and control provisions of the ordinances of the county and laws of the state.
477 (c) The county's local fire official(s), e.g. fire marshal and deputy fire marshal(s), shall have
478 the authority to require standby fire personnel or approved fire watch personnel when
479 potentially hazardous conditions or, a reduction in a life safety feature exists due to the
480 type of performance, display, exhibit, occupancy, contest or activity, or when there is an
481 impairment to a fire protection feature, or because of the number of persons present.
482 (1) Such approved standby fire personnel or fire watch personnel shall be subject to
483 the county's local fire official's, e.g. fire marshal's and deputy fire marshal's, orders at
484 all times and shall be identifiable and remain on duty during the times such places are
485 open to the public,when such activity is being conducted, or as required by the authority
486 having jurisdiction.
487 (d) Fees shall be charged to the business owner for initial and ongoing fire prevention code
488 inspections and reinspections performed on structures, buildings, or occupancies by the fire
489 department pursuant to this section.
490 (e) Fees shall also be charged for inspections required by permits for public assembly, special
491 events and for the cost of approved standby fire personnel or fire watch personnel.
492 (f) The board of county commissioners shall, by resolution, establish the fees required pursuant
493 to this chapter.
494 (g) Fees set forth in the Monroe County Fire Prevention Inspection Fee Schedule may be waived
495 by the board of county commissioners at their discretion based on reasonable and articulable
496 grounds exercising the board's sound judgment to determine the best interests of Monroe
497 County.
498
499 Sec. 13-31. Appeals.
500 Determinations by the county's local fire offici dLs)fifeifffQia4 may be appealed in a manner
501 consistent with state law .
502
503 Section 7: Conflicts. That all ordinances or parts of ordinances, all County Code
504 sections or parts of County Code sections, and all resolutions or parts of resolutions in conflict
505 with this ordinance are hereby repealed to the extent of such conflict.
506
507 Section 8: Severability. That should any section or provision of this ordinance or any
508 portion thereof, any paragraph, sentence, clause or word be declared by a court of competent
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509 jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a
510 whole or part hereof other than the part declared invalid. If this ordinance or any provision thereof
511 shall be held to be inapplicable to any person, property or circumstances, such holding shall not
512 affect its applicability to any other person,property or circumstances.
513
514 Section 9: Codification. That the provisions of this ordinance shall be codified within
515 the Code of Ordinances of Monroe County, Florida, and any paragraph or section may be
516 renumbered to conform with the Code of Ordinances.
517
518 Section 10: Transmittal and Effective Date. That this Ordinance shall be transmitted
519 to and become effective upon filing with the Florida Department of State as provided in Section
520 125.66, Fla. Stat., as may be amended from time to time.
521
522 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
523 Florida, at a regular meeting of said Board held on the day of 12026.
524
525
526 Mayor Michelle Lincoln
527 Mayor Pro Te7n David Rice
528 Commissioner Craig Cates
529 Commissioner Holly Merrill Raschein
530 Commissioner James K. Scholl
531
532 (Seal)
533 Attest: Kevin Madok, Clerk BOARD OF COUNTY COMMISSIONERS
534 OF MONROE COUNTY, FLORIDA
535
536
537
538 By: By:
539 Deputy Clerk Michelle Lincoln, Mayor
540
541
542
543 Approved as to legal form and sufficiency:
544 Digitally signed by Eve M.Lewis
545 By. Eve M. Lewis DaMe:2026.03301120:46
04'00'
546 Eve M. Lewis, Asst. County Attorney
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E
BUSINESS IMPACT ESTIMATE!
Rev.06/2024
Meeting Date: April 15,2026
Proposed Ordinance Title/Reference: AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING THE MONROE COUNTY
CODE,CHAPTER 13, "FIRE PREVENTION AND PROTECTION,"ARTICLE I, "IN GENERAL," BY
AMENDING SECTIONS 13-2 AND 13-3, THEREIN, TO UPDATE THE CODE AND ITS
TERMINOLOGY;AND BY AMENDING SECTION 13-4, "STORAGE OF FLAMMABLE LIQUIDS,"
BY RENAMING THE SECTION TO "AIRBORNE FLAME DEVICES PROHIBITED," AND
PROVIDING NEW LANGUAGE THEREIN;AND BY ENACTING NEW SECTIONS WITHIN THAT
ARTICLE, SPECIFICALLY SECTIONS 13-5, "MULTI-BUILDING COMPLEXES AND
DEVELOPMENTS," 13-6, "ACCESS BOXES," 13-7, "PREMISES IDENTIFICATION," AND 13-8,
"EMERGENCY ACTION PLANS,"TO SET FORTH NEW PROVISIONS CONSISTENT WITH THE
FLORIDA FIRE PREVENTION CODE; AND BY AMENDING ARTICLE II, "FIRE MARSHAL,"
SECTIONS 13-28 THROUGH 13-31, THEREIN, TO CLARIFY THE COUNTY'S AUTHORITY TO
ENFORCE APPLICABLE FIRESAFETY CODES;PROVIDING FOR CONFLICTS;PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR TRANSMITTAL
AND AN EFFECTIVE DATE.
The Proposed Ordinance ❑ does ® does not fall under one of the following enumerated
exceptions:?
❑ The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement,
including,but not limited to,any Federal,State,local,or private grant or other financial
assistance accepted by the county government;
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement;or
❑ The proposed ordinance is enacted to implement the following:
a. Development orders and development permits,as those terms are defined in
s. 163.3164,and development agreements,as authorized by the Florida Local
Government Development Agreement Act under ss. 163.3220-163.3243;
b. Comprehensive plan amendments and land development regulation
amendments initiated by an application by a private party other than the
county;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
d. Section 553.73, Florida Statutes,relating to the Florida Building Code;or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention
Code.
Summary of Proposed Ordinance and Statement of Public Purpose to be Served:
The proposed Ordinance will update provisions for consistency with the Florida
Fire Prevention Code (FFPC) and applicable NFPA standards, clarify the enforcement
authority of local fire officials, and establish enhanced enforcement mechanisms for fire
code violations. The updates are intended to eliminate ambiguities, strengthen compliance
'Business impact statement must be posted on the county's website no later than the date the notice of proposed
enactment is published.
with minimum fire and life safety standards, and ensure alignment with nationally
recognized codes and standards, while providing clear direction for enforcement by
Monroe County Fire Rescue.
Estimate of Direct Economic Impact on Private/For Profit Businesses:
a. Estimate of Direct Business Compliance Costs:
Indeterminate.
b. New Charges/Fees on Businesses Impacted:
Indeterminate;however, there maypotentiallybe citations issued with fines associated for
violations of the County's Code of Ordinances consistent with relevant Florida statutes, and
the Florida Fire Protection Code.
c. Estimate of Regulatory Costs:
Indeterminate.
Good Faith Estimate of Number of Businesses Likely Impacted:
Indeterminate.
Any Additional Information:N/A.