8038-09
ORDINANCE NO. 8038-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE FLORIDA FIRE PREVENTION CODE;
AMENDING THE ADMINISTRATIVE FEE FOR FIREWORKS
DISPLAYS TO REFLECT THE FEE CONTAINED IN THE FEE
SCHEDULE IN APPENDIX A, ARTICLE VIII; UPDATING
NOMENCLATURE TO REFLECT CHANGES MADE BY THE
STATE MANDATED USE OF THE 2007 FLORIDA FIRE
PREVENTION CODE; ELIMINATING THE POWER OF THE
FIRE PREVENTION ADMINISTRATOR TO MODIFY SECTIONS
OF THE FIRE CODE; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 17.06(4), Clearwater Code of Ordinances, is hereby
amended as follows:
Sec. 17.06. Fireworks displays and open fires.
* * * * *
(4) Fees. The application shall be accompanied by a payment of a fee as follows:
Fireworks display administrative fee. . . $150.00$135.00
* * * * *
Section 2. Article II of Chapter 17, Clearwater Code of Ordinances, is
hereby amended 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:
Division of Fire Prevention Services Fi....o, Ufo S3foty, 3nd Emorgoncy
Man3gomont 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.
Ordinance No. 8038-09
Sec. 17.32. Adoption of the Florida Fire Prevention Code. National Fire
Codes.
(1) There is hereby adopted the Florida Fire Prevention Code in its' entirety. and
its incorporated standards and codes as published in the National Fire Codes of the
National Fire Protection Association as aM listed in FAC 69A-60 Florida Fire
Prevention Code 1A 60.005 of the Florid3 Fire Prevention Code and being
particularly the most recent edition as listed in NFPA 1 Fire Prevention Code Florida
Edition and NFPA 101 Life Safety Code Florida Edition. referred to in this 3rticle as
the N3tion31 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 Florida Statute 633 or FAC 69A-60 4A-eG:
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 Florida Fire Prevention Code
N3tion31 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
Florida Fire Prevention Code N3tioml 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 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
Florida Fire Prevention Code National Fire Codes and for safeguarding life and
property from fire or other emergencies.
Sec. 17.33. Conflict between the Florida Fire Prevention Code National Fire
Codes and other ordinances.
In the event of a conflict between the Florida Fire Prevention Code N3tion3/
Fire Codes and any other provision of this Code, the strictest standards shall
prevail.
Sec. 17.34. Po'....er of administrator to modify code provisions.
The administrator of the fire prevention division of the fire dep3rtment shall
h3ve the power to modify 3ny of the provisions of the National Fire Codes upon
3pplic3tion in writing by the owner or lessee of the property directly 3ffected or his
duly authorized agent when there are pr3ctic3/ difficulties in carrying out the strict
letter of the code, provided th3t the spirit of the code shall be observed, public
s3fety secured, 3nd subst3nti31 justice done. The particulars of such modification
when granted or allowed and the decision thereon sh311 be entered upon the
records of the dep3rtment and a signed copy Sh311 be furnished the 3pplic3nt.
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Ordinance No. 8038-09
Sec.17.34~. 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 Florida Fire Prevention
Code t'J3tion31 Firo Codes. The fire marshal shall post such list in a conspicuous
place in his office, and distribute copies thereof to interested persons.
Sec.17.35.t-7-.36. 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 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 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.
Sec.17.36 -=t-7-.3+. 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;
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Ordinance No. 8038-09
shall severally for each such violation be guilty of a violation, punishable in the
county court as a Class " 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 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
March 5. 2009
PASSED ON SECOND AND FINAL
READING AND ADOPTED
March 19. 2009
I ~~t/~
Frank V. Hibbard .
Mayor
Approved as to form:
Attest:
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Ordinance No. 8038-09