7163-03
ORDINANCE NO. 7163-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO CHAPTER 17, FIRE PREVENTION, AMENDING
CHAPTER 17, FIRE PREVENTION AND CREATING ARTICLE
III, CODE OF ORDINANCES, FIRE AND LIFE SAFETY
INSPECTION FEES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 76-408, Laws of Florida, Clearwater Fire Rescue is
charged with providing fire protection and rescue services to a certain portion of Pinellas
County, Florida; and
WHEREAS, Chapter 633.025 of the Florida Statutes requires a municipality,
county, or special district with fire safety responsibilities to adopt and enforce minimum
fire safety standards; and
WHEREAS, Chapter 633.081 of the Florida Statutes allows the governing body
of a municipality, county, or special district with fire safety enforcement responsibilities
to provide a schedule of fees to pay the cost of inspections and related administrative
expenses; now, therefore.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 17.01, Code of Ord inance is hereby amended to read as
follows:
ARTICLE I. IN GENERAL
Sec. 17.01. Duties of chief.
(1) Generally. The duties of the chief of the fire department shall be to have
charge and control of the fire department of the city and any other firefighting
assistance whose service may be offered in the extinguishment of fire and protection of
the city from fire or other emeraencies. The chief shall order and superintend the work
of such company and shall from time to time make such recommendations as may be
found necessary and proper for the better and more adequate protection of the city.
(2) Enforcement of state fire marshal's regulations. All rules and regulations
issued by the state fire marshal under authority of F.S. 9 633.~, 121. shall be
enforceable by the chief of the fire department,:other fire department personnel
desianated bv their respective chiefs: and the chief of the fire department is hereby
authorized to perform within the city fire control district any duties that may be imposed
upon the chief by such law or in accordance with Florida Statute 633 therewith, and to
have such assistance as the chief may find necessary from other officials of the city in
the discharge of such duties.
Ordinance No. 7163-03
Section 2. Section 17.02, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.02. Private use of firefighting equipment.
No engine or other apparatus used for extinguishing fires shall be assigned to
any private use or enterprise, used therein, or carried or placed beyond the proper
place assigned to it unless for repairs, without written consent of the chief of the fire
department and approval of the city manager.
Section 3. Section 17.03, Code of Ordinance is hereby amended to read as
follows:
Sec. 17 .03. Resisting~ GF obstructing. impersonatina firefighters. or Fire Safety
Inspectors.
No person shall resist, impede, obstruct or interfere with the movements or
orders of the chief of the fire department or his assistants or any firefighters or Fire
Safety Inspectors in the execution of their duty. No person shall refuse to obey any
order lawfully given by any officer. fire fiahter. or Fire Safety Inspector of the fire
department at any fire or emeraencv scene or durina the commission of duties. meddle
or interfere with any engine, carriage, hook and ladder, truck, hose or fire apparatus
when engaged at or going to any fire, or at an emeraencv scene. A person that falselv
assumes or pretends to be a fire fiahter as defined in 112.81. or a Fire Safety Inspector
will be held in violation of Florida Statute 633.151. Any person may be required to stay
beyond a certain line to be designated by the chief of the fire department or other
officers in command at the fire or emeraencv scene.
Section 4. Section 17.04, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.04. No person allowed in immediate vicinity of fire.
No person except a firefighter, police officer, the owner of the property where the
fire is located, the owner of the property immediately contiguous thereto or in danger
therefrom, their agents and servants, newspaper and radio reporters, and
representatives and agents of the fire insurance companies shall be allowed in the
immediate vicinity of any fire that may occur within the limits of the city, without being
ordered or permitted there by an officer of the fire department in command at such fire
or in command of some section or subdivision of the department.
Section 5. Section 17.05, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.05. Penalty for violation of article.
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Ordinance No. 7163-03
Any person who shall violate any of the provisions of this article shall be deemed
to have committed a violation punishable by the code enforcement board as provided in
chapter 2, article III, division 9, or in county court as a class II violation as provided in
section 1.12(3).
Section 6. Section 17.06, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.06. Fireworks displays and open fires.
(1) Definitions. For the purposes of this section:
(a) Fireworks display mean~ the use of fireworks as defined in F.S. 9 791.01.
The term does not include "class C Approved Sparkler devices" as that term is
defined by the Office of the fire marshal of the State of Florida. An example of a
class C device is the device commonly known as a "sparkler," but the term is not
limited to sparklers.
(b) Open fire means the combustion of any matter outside of a building, except
fires kindled in a barbecue pit or grill, exterior fireplace, cookout device, or
similar out-of-doors eating or cooking device, and except the fires kindled for
the instruction of personnel in the methods of fighting fires.
(c) Pyrotechnic material means a chemical mixture used in the entertainment
industry to produce visible or audible effects by combustion, deflagration, or
detonation. Such a chemical mixture predominantly consists of solids capable of
producing a controlled, self-sustaining, and self-contained exothermic chemical
reaction that results in heat, gas, sound, light, or a combination of these effects.
The chemical reaction functions without external oxygen.
(d) Pyrotechnic special effect means a special effect created through the use of
pyrotechnic material.
(2) Permit required per the Florida Fire Prevention Code,
(a) No person shall use. possess. store, manufacture. sell, or discharoe
fireworks within the iurisdiction in violation with F.S. 791. a-A permit for fireworks
display or pyrotechnic material in a pyrotechnic special effect display, or permit a
fireworks display or a pyrotechnic special effect display on his or her property,
without must first be obtainffig ed a permit for prior to commencino such activity
in accordance with the applicable NFPA Standard.
(b) No person shall start or permit an open fire on his or her property, or start an
open fire on the property of others, without first obtaining a permit for such
activity,
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Ordinance No. 7163-03
(c) The city will issue any permit(s) reauired by this Code. once all approvals are
qranted and all fees as reauired by this Code and Appendix A of the
Clearwater Community Development Code are paid.
(d) Work commencinq before permit issuance. If any person commences any
work without a proper permit for such work shall be subiect to. penalty
provided in Appendix A.
(3) Application for permit. A permit required by this section shall be issued by the fire
chief or fire marshal upon the approval of an application for such permit and the
payment of the fee prescribed in this section. The application shall be made upon a
form provided by the fire chief or fire marshal, which shall require the name and
address of the applicant, the date and time of the proposed activity, the location of the
proposed activity, the name and address of any contractor engaged by the applicant to
perform the activity, and such other information as the fire chief or fire marshal may
reasonably require. For an application for a permit for a fireworks display or a
pyrotechnic special effect display, the application shall be accompanied by a copy of a
certificate of liability insurance naming the City of Clearwater as an additional insured
under a policy providing not less than $1,000,000.00 individual and aggregate public
liability and property damage insurance coverage for the activity.
(4) Fees. The application shall be accompanied by a payment of a fee as follows:
Fireworks display administrative fee . . . $135.00.
Open fire. . . 22.50
(5) The city manager, fire chief, and fire marshal shall each have the authority to take
immediate action to suspend any operation for which a permit is required by this
section, which is being conducted without a permit, or in violation of a term or condition
of a permit. A violation of any of the provisions of this section shall be punishable in
county court as a civil infraction pursuant to section 1.12.
(6) The city manager, fire chief, and fire marshal shall each have the authority to
require that a permitted fireworks display be monitored by emergency personnel to
insure that the conditions of the permit are followed. When monitoring is required, the
applicant shall reimburse the fire department the actual cost incurred.
Section 7. Article II, Section 17.31, Code of Ordinance is hereby amended to
read as follows:
ARTICLE II. FIRE PREVENTION CODE*
Sec. 17.31. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
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Ordinance No. 7163-03
Bureau of fire prevention Division of Fire. Life Safety. and Emeraency
Manaaement means the fire prevention division of the fire department, or any
equivalent thereof.
Corporation counsel means the city attorney.
Municipality means the City of Clearwater, Florida.
Cross reference(s)--Definitions and rules of construction generally, S 1.02.
*Cross reference(s)--Compliance with fire code minimum requirement for dO'Nntown
property standards, ~ 55.11. Clearwater Community Development Code.
Section 8. Section 17.32, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.32. Adoption of National Fire Codes.
(1) There is hereby adopted the Florida Fire Prevention Code 4-9Q2 in its'
entirety. edition of NFPA 1, Fire Prevention Code, of the National Fire Protection
Association, and its incorporated standards and codes as published in the National Fire
Codes of the National Fire Protection Association and listed in Chapter 4J 4A-60.005 of
the NFP^ Florida Fire Prevention Code and being particularly the most recent edition
as listed in Chapter 43 NFPA 1 of the Fire Prevention Code Of- and the Life Safety
Code. Chapter 4A J of the Florida Administrati'/e Code, including Appendix C of NFPA
JQ, referred to in this article as the National Fire Codes. Such codes and standards are
hereby incorporated by reference as fully as if set out at length in this section, and the
provisions thereof as they may be amended by ordinance from time to time shall be
controlling within the fire control district. To the extent that the county oonstruotion
licensing board Florida Statute 633 or FAC 4A-60: Florida Fire Prevention Code adopts
any subsequent editions of NFPA 1 Fire Prevention Code and NFPA 101, Life Safety
Code, or any amendments thereto, then the edition so adopted and any amendments
thereto adopted by the board shall be enforced in the city fire control district.
(2) It shall be unlawful for any person to violate the National Fire Codes, to permit or
maintain such a violation, to refuse to obey any provision thereof, and to fail or refuse to
comply with any such provision or regulation except as variation may be allowed by the
action of the fire marshal in writing. Proof of such unlawful act or failure shall be
deemed prima facie evidence that such act is that of the owner or other person in
control of the premises.
(3) The fire prevention division shall be responsible for the enforcement of the National
Fire Codes. The city manager, after considering the recommendation of the fire chief,
shall designate a fire official as fire marshal. The fire marshal shall be the administrator
of the fire prevention division. The fire marshal shall inspect or cause to be inspected
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Ordinance No. 7163-03
on a periodic basis all buildings or structures, vehicles. vessels. and other similar
conveyances. and shall make such orders as may be deemed necessary for the
enforcement of the National Fire Codes and for safeguarding life and property from fire
or other emeraencies.
Section 9. Section 17.33, Code of Ordinance is hereby deleted in its entirety:
Sec. 17.33. AmeFlEtmeFlts.
The National Fire Codes, as published by the National Fire Protection
.'\ssociation, 1992 edition, is amended as follows:
Scetion 1 15.16 of NFPA 1, concerning the permitting of bonfires and outdoor
rubbish fires, is amended to include:
(1) Loeation restricted. No person shall kindle or maintain any bonfire or
outdoor rubbish fire or authorize any such firo to be kindled or maintained
on any pri':ately owned land unless the location is not less than 50 feet or
some other distance appro'.~ed by the fire department from any structure,
and adequate provision is made to prevent fire from spreading to any
structure.
(2) /\ttondanoa of open fires. .^. bonfire or outdoor rubbish fire shall be
constantly attended by a competent person until the fire is extinguished.
This person shall have a garden hose connected to a '/Jater supply, or
other fire extinguishing equipment madily available for use.
(3) Chiof may prchibit. The chief of the fire department may prohibit any
or all bonfires and outdoor rubbish fires \'.Jhen atmospheric conditions or
local circumstanoes make such fires hazardous or constitute a public
nuisanoe.
Scotion 3 5.1 and 3 5.2 of NFP/\ 1, ooncerning the roquired :lOoess for fire
apparatus is amended to road:
.'\11 premises that the fire department may be oalled upon to protect in case of
fire shall be provided '.\~ith suitable oates. access roads. and fire lanes.
Fire lanes shall be at least 20 feet (6.1 meters) in width 'Nith the road edoe
closest to the buildino at least ten feet (3.05 meters) from the buildino and ha'le
a minimum of 13 foet six inches (4.1 meters) of '.~ertical clearance. An'! dead
end road more than 600 feet (183 meters) lono shall be provided with a
turnaround at the closed end at least 60 feet (18.3 meters) in diameter.
The designation, use, and maintenance of fire lanes on private property
shall be accomplished as specified by the fire chief or fire marshal. It shall
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Ordinance No. 7163-03
be unla'Nful for any person to park motor vehioles on or other\\lise obstruct
any fire lane.
Seotion 3 5. <1 of f'.'FP/\ 1, oonoerning fire lanes, is amended to read:
Fire lanes shall be marked with freestandino sions or sions mounted on the face
of the buildino that have the 'Nords "FIRE LJ\NE NO PARKING. by citv
ordinance" painted in contrastino colors at a size and spacino approved bv the
authority havino iurisdiction.
Sootion <1 2.1 of NFP/\ 2<1, conoerning the number and location of fire hydrants,
is amended to read:
Hvdrants shall be provided in sufficient number and be located in a manner that
will enable the needed fire tlm.", to be delivered throuoh hose lines to all exterior
sides of any important structure. The needed fire flow and the hydrant location
sholl be determined bv the fire chief or fire marshal. but in no case shall hose
lenoths be oreater than 500 teet for sino Ie familv structures and 300 feet for
commeroial structures.
Sootion 1 7 of NFP/\ 1, oonoerning appeal procedures, is hereby deleted in its
entirety; and Sections 7 1.3.2, 7 1.3.2.1 and 7 1.3.2.2 of NFP.^. 1, oonoerning
sprinkling of existing high rise buildings, are hereby deleted in their entirety to be
oonsistent with pre':ious actions by the Pinellas County Construction Lioensing
Board.
Section 10. Section 17.33, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.3334. Conflict between National Fire Codes and other ordinances.
In the event of a conflict between the National Fire Codes and any other
provision of this Code, the strictest standards shall prevail.
Section 11. Section 17.34, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.3435. Power of administrator to modify code provisions.
The administrator of the fire prevention division of the fire department shall have
the power to modify any of the provisions of the National Fire Codes upon application in
writing by the owner or lessee of the property directly affected or his duly authorized
agent when there are practical difficulties in carrying out the strict letter of the code,
provided that the spirit of the code shall be observed, public safety secured, and
substantial justice done. The particulars of such modification when granted or allowed
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Ordinance No. 7163-03
and the decision thereon shall be entered upon the records of the department and a
signed copy shall be furnished the applicant.
Section 12. Section 17.35, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.3536. Determination of permitted new materials, processes, and
occupancies.
The city manager, the chief of the fire department and the fire marshal shall act
as a committee to determine and specify, after giving affected persons an opportunity to
be heard, any new materials, processes or occupancies, which shall require permits, in
addition to those now enumerated in the National Fire Codes. The fire marshal shall
post such list in a conspicuous place in his office, and distribute copies thereof to
interested persons.
Section 13. Section 17.36, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.363+. Appeals.
(1) Where any person seeks relief from a decision of a fire official enforcing any
of the provisions of this Code, including permits, certificates, waivers, alternate
materials, alternate methods, approvals, or variances or matters of code interpretations,
that person may request reconsideration of the fire official's decision by appealing in
writing to the fire chief or fire marshal within 15 days of the receipt of the decision
stating the reasons why relief is sought and what other decision the person is seeking.
The fire chief or fire marshal shall, within teA thirtv 30 days after receiving a copy of the
appeal in writing, hold a hearing and decide the question after hearing testimony from
all concerned persons. The fire chief or fire marshal shall render a written decision
within five fifteen 15 days after the hearing is completed. Such hearing shall be an
informal administrative hearing.
(2) Any person seeking relief from a decision of the fire chief or fire marshal
regarding provisions of this article may appeal to the building/flood board of adjustment
and appeals within 15 days after receipt of written notice of the decision by the fire chief
or fire marshal. Any appeal to the building/flood board of adjustment and appeals shall
be in writing and directed to the fire chief or fire marshal. Copies of the appeal shall be
promptly transmitted to the board by the fire chief or fire marshal. Upon giving not less
than five business days' notice to the persons interested, a hearing shall be held in
accordance with the rules of the board. The board may, after such hearing, by a
majority vote, affirm, annul, or modify the action of the fire chief or fire marshal. The
decision of the board shall be in writing, and a copy shall be mailed to the appellant
within seven business days after the conclusion of the hearing and any decision made
shall be final. Further recourse shall be through established legal procedures.
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Ordinance No. 7163-03
Section 14. Section 17.37, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.3733. Penalty for violation of article.
Any person who shall:
(1) Violate any of the provisions of this article;
(2) Violate any order made pursuant to this article;
(3) Build in violation of any detailed statement of specifications or plans
submitted and approved pursuant to this article, or any certificate or permit
issued pursuant to this article, and from which no appeal has been taken; or
(4) Fail to comply with such an order as affirmed or modified by the fire chief,
fire marshal, any board of adjustment and appeals having jurisdiction, or a court
of competent jurisdiction, within the time fixed therein;
shall severally for each such violation be guilty of a violation, punishable in the county
court as a class II violation as provided in section 1.12(3) or punishable before the code
enforcement board as provided in chapter 2, article VII, division 1. The imposition of
one penalty for any violation shall not excuse the violation or permit it to continue. All
such persons shall be required to correct or remedy such violations or defects within a
reasonable time.
Section 15. Chapter 17, Code of Ordinances is hereby amended by creating
Article III to read, as follows:
Article III EXISTING FIRE AND LIFE SAFETY INSPECTION FEES
Fire and Life Safety inspection of existina structures for compliance to the
"Florida Fire Prevention Codes" will be conducted within the frequency cycle as
determined by the Fire Chief.
a. No fee will be charaed for the initial fire and life safety inspection for
compliance within the determined frequency cycle.
b. A fee of $50.00 will be charaed for the re-inspection for non-compliance for
structures under 80,000 Sq feet. A fee of $100.00 will be charaed for non-compliance of
structures 80,000 square feet and over.
c. A fee of $100.00 will be charaed for each subsequent re-inspection for non-
compliance thereafter for structures 80,000 square feet and under. A fee of $200.00 will
be charaed for structures 80,000 square feet and over.
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Ordinance No. 7163-03
d. A fee of $40.00 will be charqed for each fire and life safety inspection for the
purpose of licensure of facilities.
Section 16. Section 17.38, Code of Ordinance is hereby amended to read as
follows:
Section 17.3839. Special Events and Safety Watch:
A safety watch may be required by the Fire Chief or the Fire Marshal to mitiqate
unusual or siqnificant danqer to life safety andlor property as a result of special effects.
pyrotechnics, flame special effects. fireworks, special events includinq but not limited to
exhibits. trade shows, amusement parks, haunted houses. fairs. festivals, and other
similar special events. For the purpose of crowd manaqement or non-compliance with
fire codes or other reason(s) as deemed necessary by the Fire Chief or the Fire
Marshal. A safety watch or safety stand-by will require the use of appropriately trained
person(s) and may include fire apparatus or other specialty equipment.
A fee of $43.00 per hour. per Fire Rescue personal required to be on site. will be
paid prior to each scheduled event required to have such safety watch. If fire apparatus
is required the fee is $150 per vehicle per hour.
In the case of non-profit. charitable orqanizations a portion or the entire fee may
be waived at the sole discretion of the Fire Chief or Fire Marshal.
Section 17. This ordinance shall take effect November 30,2003.
PASSED ON FIRST READING
October 16, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Attest:
~
ia E. ~oude~w
lerk /~ - .
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Ordinance No. 7163-03