Ordinances .pdf

PART I - CODE OF ORDINANCES Chapter 38 FIRE PREVENTION AND PROTECTION Chapter 38 FIRE PREVENTION AND PROTECTION ARTICLEI . IN GENERAL Sec. 38-1. No person allowed in immediate vicinity of fire; exceptions. No person, except a firefighter, policeman or owner of property in which the fire is located...

PART I - CODE OF ORDINANCES Chapter 38 FIRE PREVENTION AND PROTECTION Chapter 38 FIRE PREVENTION AND PROTECTION ARTICLEI . IN GENERAL Sec. 38-1. No person allowed in immediate vicinity of fire; exceptions. No person, except a firefighter, policeman or owner of property in which the fire is located, or t h e owner of the property immediately contiguous thereto or in danger therefrom, their agents, servants, newspaper or radio reporters or representatives and agents of fire insurance companies, shall be allowed in the immediatevicinity of any fire that may occur within the city, without being permitted there by an officer of the fire rescue department in command at such fire or in command at some section or subdivision of the department. fode 1979, 5 11 1) Sec. 38-2. Interference with or injury to fire alarm system. No person shall tamper or meddle with or interfere in any way with any station or fire alarm, firebox or any of thewires or supports thereof, or cut, break, injure, deface or remove any such boxes, or any of the wire or supports thereof, connected with any part of the fire alarm system, or make any connection or communication therewith, so as to interrupt or interfere with the proper working of such system, or negligently or willfully injure, break or destroy any machinery, equipment, apparatus or fixtures connected with such system. (Code 1979, §1 1 2) Sec. 38-3. Obstructing fire hydrants with building material, etc. No person shall place any building material or any other obstruction whatever within 18 feet of the c e n t e r cap of any public cistern or public or private hydrant or fireplug. C o d e 1979, § 11 4} Cross referente(stBuildingsa n dbuildingregulations,ch. 18. Sec. 38-4. Resisting or obstructing firefighters in execution of duty; refusal to obey lawful order, etc. No person shall resist, impede, obstruct or interfere with the movements of the fire chief or his assistants or any firefighter ni the execution oftheir duty. No person shall refuse to obey any order lawfully given by any officer of the fire rescue department at any fire, or meddle or interfere with any engine, carriage, hook and ladder, truck, hose or fire apparatus, when engaged at or going t o any fire. No person shall interfere with a paramedic of the fire rescue department at the scene of an emergency medical response and while performing his duties based on 1Gross referente(stFire-rescuedepartment,§ 2 176 e t seq.; buildings and building regulations, ch. 18; fire and goingo u to fbusinesssales, §22 351 et seq.; stepping, standing and parking in firelanes, § 86 224. West Palm Beach, Florida, Code of Ordinances Created: 2021-05-29 12:36:56 [EST] (Supp. No. 62) Page 1of 19 accepted national standards. Any person may be required to k e e p beyond a certain line to be designated by the fire chief or other officers in command at the fire or emergency. H o d e1979, § 11 30} Sec. 38-5. Interference with or injury to fire a p p a r a t u s ,etc. No person shall meddle, interfere with or in any way molest, damage or injure any fire apparatus or equipment of the city, wherever the fire apparatus or equipment may be found. ( C o d e1 9 7 9 ,§ 1 13 1 ) Sees. 38-6 38-30. R e s e r v e d . ARTICLE I. FIRE PREVENTION Sec. 38-31. Codes adopted. The Florida Fire Prevention Code, the NFPA 1 Fire Prevention Code, 2000 edition, the NFPA 101 Life Safety Code, 2 0 0 0 edition, and any subsequent additions adopted by s t a t e statute, are adopted a s the fire prevention code of the city. These standards and codes are hereby adopted and incorporated as fully as if set out at length in this section. Not less than one copy of the adopted issue of the Florida Fire Prevention Code, the NFPA Fire Prevention Code, 2000 edition, the NFPA 101 Life Safety Code, 2000 edition, and any subsequent additions adopted by state statute shall be filed in the office of the city clerk and the provisions thereof shall be controlling within t h e limits ot t h e city. /Code1979,§ 1 16 2 ; Ord. No. 3707 03, § 1, 11 24 2003) Sec. 38-32. Application. (a) (b) The provisions of the city fire prevention code shall apply equally to both public and private property, and it shall apply to all structures and their occupancies, except as otherwise specified. This article shall be deemed in exercise of the police powers of the city for the preservation and protection of the public health, peace, safety and welfare, and all the provisions of the fire prevention code shall be liberallyconstrued for that purpose. f o d e 1979, § 11 65) Sec. 38-33. Fire chief responsible for enforcement. The fire chief of the city fire rescue department shall be responsible for the enforcement of the fire prevention code adopted by section 38-31.The fire chief may detail such members of the fire rescue department as inspectors as shall from time to time be necessary. fEede 1979, § 11 66) Created: 2021-05-29 12:36:55 (EST] (Supp. No. 62) Page 2 of 19 Sec. 38-34. Bureau of fire prevention a n d fire marshal; p o w e r s a n d duties. (a) To assist in the p e r f o r m a n c e of the responsibilities and d u t i e s p l a c e d upon the fire chief of the cityf i r e rescue department, a bureau of f i r e prevention in the fire rescue department of the city i s hereby created. (b) The bureau shall operate under the supervision of the fire chief. The fire chief shall designate a fire official of t h e f i r e rescue d e p a r t m e n t as fire marshal. The fire marshal shall be t h e administrator o f t h e bureau of fire prevention. The f i r e marshal shall be r e s p o n s i b l e for t h e direct administration and e n f o r c e m e n t o f the fire preventionc o d e . (c) It shall be the duty of the officers of the bureau of fire prevention to enforce all laws and ordinances of the city covering the following: (1) The prevention of fires. (2) The storage and use of explosives and flammables. (3) The installation and maintenance ofautomatic and other fire alarm systems, and fire extinguishing equipment. (4) The maintenance and regulation of fire escapes. (5) The means and adequacy of exit, ni case of fire, from factories, schools, hotels, lodginghouses, 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 thecause, origin and circumstances of fires. (7) The maintenance of fire cause and loss records. They shall have such other powers and perform such other duties as are set forth in other sections of this article and as may be conferred and imposed from time to time by law. The fire chief may delegate any of his powers or duties under this article to the fire marshal. (d) The fire chief shall prepare instructions for the fire marshal and his assistants, and forms for their use in the reports required by this section. (e) The b u r e a u of fire prevention shall investigate t h e cause, origin, and circumstances of every fire occurring in the city by which property has been destroyed or damaged and, so far as possible, shalldetermine whether the fire is the result of carelessness or design. Such investigations shall begin immediately upon the occurrence of such a fire. The fire marshal shall take charge immediately of the physical evidence, shall notify the proper authorities designated by law t o p u r s u e t h e investigation of such matters, and shall further cooperate with the authorities in the collection of evidence and in the prosecution of the case. Every fire shall be reported in writing to the bureau of fire prevention by the fire rescue department officer in whose jurisdiction such a fire has occurred. Such report shall be in such form as shall be prescribed by the fire marshal and shall contain a statement of all facts relating to the cause, origin and circumstances of such fire, the extent of the damage thereof, and the insurance upon such property, and such other information as may be required, including the injury, death or rescue of persons. (t) Before permits may be issued as required by this Code, the fire marshal or his assistants shall inspect and approve thereceptacles, processes, vehicles, buildings or storage places to be used f o r any such purposes. (g) (h) The fire marshal shall inspect or cause to be inspected all premises on a periodic basis, and shall make such orders as may be necessary for the enforcement of the laws and ordinances governing the premises and for safeguarding of life and property from fire. The fire marshal shall compile and keep a record of all fires and of all the facts concerning the fires, including injuries, deaths, rescue of persons and statistics as to the extent of such fires and the damage caused Created: 2021-05-29 12:36:55 [EST] (Supp. No. 62) Page 3 of 19 thereby, and whether such losses were covered by insurance and, fi so, in what amount. Such record shall be m a d e daily from the reports m a d e by t h e fire inspectors u n d e r t h e provisions of this article. All such records shall b e p u b l i c . The fire marshal shall make an annual report of t h e activities of t h e bureau of fire prevention and shall transmit this report to the fire chief. The report shall contain all proceedings under the fire prevention code with such statistics as t h e fire chief may wish to include therein. The fire chief or the fire marshal shall also recommend any amendments to the fire prevention code or ordinances which, in his judgement, shall be desirable. f code 1 979 ,5 11 774 See.38-35.Feesfor firec o d e inspections a n do t h e r fire c o d e inspectionrelated services. Fees shall be charged to t h euser/consumerf o rvearlyf i r epreventionc o d einspections and reinspections performedo nstructures or buildings by the fire rescue department as set forth in a reselution adopted by the city commission.Feesf o ro t h e rfirecode inspection related services, including, but not limited te, fire pump tests, hydrantt e s t s ,a n dpreliminaryplansreview,shallb e charged te the user/consumer as set forth in a resolution a d o p t e d by the city commission. fCode 1979, 5 11 78; Ord. No. 3742, § 1, 3 1 2004} See. 38 36. Scheduling of inspections. fat Annualinspectionsshallb econductedf o ra n ystructureso rbuildingsw h o s eoccupaneyt y p e ,a sdefinedb y states t a t u t ea n dN.F.P.A.standardsa d e p t e db yt h ecity,i sclassifieda spriority 1 fer inspection purposes based u p o nhazard. S u c hstructureso rbuildingsinclude,b u ta r en o tlimitedt e ,m u l t il e v e lbuildings of three stories or 5 0 feet or higher, publieassembliesw i t ha noccupaneyo f 1 0 0o rmere-persons,foed-service establishments,educationalstructureso rbuildings, child care facilities, transient ledging facilities, apartment buildingscontaining1 2ormore units,residentialbeardand care facilities, self service gaseline stations, class Amercantiles,h i g hhazardstorage or processes, health care facilities, rehabilitation residential facilities, and correctionalo rdetentionfacilities. Inspections shall be conductedb iannuallyo nstructureso rbuildingsw h e s eoccupancy type, as defined by state statute and by N.F.P.A. standards adoptedb yt h ec i t yi slas s if ieda spriority2 f o rinspectionpurposes baseduponhazard.Suchstructures include, but are not limited to, apartment buildings with less than 12 units, class B and C mercantiles, public assemblies, other than food service establishments, with an eccupaneyo fless than 100 persons, light industry businesses witheut hazardeus processes or contents, sterage facilities, and businessoffices. f€) Nethinginthissection shall be censtrued to prohibit the entry of the fire rescue department into any structure or building at any time for the purpese of cenducting an inspection of fire code violationsa s necessary, required by this code, or fer reasonable cause as authorized by F.S. § 633.081. KCode 1979, § 11 794 See. 38-37. Appeals of a decision of the fire marshat. fat Appeals. Any person may seek-relief from a decision of the fire marshal enfercing provisions of this Code, includingm a t t e r so fcode interpretation, permits, certificates, waivers, alternatematerials, alternate methods,approvals,variancese ro t h e rdiscretionary matters, by appealing to t h e construction beard of Created: 2021-05-29 12:36:55 [EST] (Supp. No. 62) Page 4 of 19 adiustments and appeals within 15 days after the receipto fwrittennoticeo ft h efiremarshal'sdecision. Suchappealshallb einwritingand directed to the fire marshal. Copies of the appeal shall be promptly transmitted to the secretary of the construction beardo fadiustmentsa n dappealsb yt h efire marshal for scheduling of an appeal hearing. Ha) Hearings. Ahearing shall be held at the next regularly scheduled meeting of the construction board of adjustments and appeals and the person making the appealshallbenotifiedofthehearingnetlessthanfive businessdayspriort ot h ed a t eo ft h ehearing. The beard may, after-such hearing, by a majorityvote,affirm, annul,o rmodify t h ea c t i o no ft h ef i r emarshal.T h edecisiono ft h eb e a r dshallb ei nwriting,a n da c o p yshall bemailedt otheappellant within 14 business days after the conclusion of the hearing,andanydecisions made shall be final.Furtherrecourseshallb ethroughestablished legal procedures. A filing fee shalt accompanyeachnoticeo fappealt ot h econstruction board of adjustments and appeals in the amount establishedb yreselutiono f the city commission and en file in the city clerk's office. (Cede 1979, § 11 80) See. 38 38. Violations,penalties. fat Itshall be unlawful for any person to violate this article, to permit ormaintainsucha violation,t erefuse t e obeyanyprovisions thereof, or to fail or refuse to comply with any such provision er-regulationexceptas variation may-be allowed by the action oft h efiremarshalinwriting.Proofofsuchunlawful act or failure shall b e d e e m e dprima faciee v i d e n c e t h a t s u c ha c ti st h a to ft h eo w n e ro ro t h e rp e r s o ni nc o n t r o lo ft h e premises. Prosecution or lack thereof of either the owner, occupant, or the person in charge shall not be deemedt orelievea n yo ft h eethers. fat Any personw h oshall violatea n yo ft h eprevisions o ft h ec o d eherebyadopted;o rshallfailt ocomply therewith;o rshallviolateo rfailto comply with any order made thereunder; or shall build inviolationo fany details,statements,specifications,o rplanssubmitted or approved thereunder; or shall operate not in accordance with the provisions o f anycertificate,p e r m i t ,o rapprovalissuedthereunder, and from which no appeal has beentaken; or who shallfailt o comply with sucha norder as affirmedo rmodifiedb y t h efire marshalo rb ya c o u r to fc o m p e t e n tjurisdictionwithin the t i m e fixed in this article shall severallyf o reach and every violation and noncompliance, respectively, be punished a s provided in section1 13-ef thisCode. Theimpositione fo n epenalty fora n ysuchviolationshall not excuse t h e violation or permit it te continue, anda l lsuchpersonsshallb erequiredt o correct or remedy such violations of defects within a reasonable time.The application of such penalty shall not be -held to prevent theenforcedremovate fprehibited e e n di t ie n s : f e d e1979, § 11 81) See. 38-39. Dispensing class |and Hiquids into portablecontainers. No dispensing or delivery of class I or I flammable-liquids shallb em a d ei n t oportablecontainersuntess the container is of sound metal construction,h a sa t i g h tclesurew i t hserewed er spring cover, and is fitted witha spouto r s edesignedthat the contents can be poured without spilling. fOrd. No. 3707-03, § 2, 11 24 2003) Sec. 38-40. Dispensing devices for class a n d l i q u i d sinsidebuildingsrestricted: Hodispensing device for a class I or class II flammable liquid shallb einstalledwithin-anybuildingwherethe possibilityo ft h epocketing of flammable vapors exists, thereby creating a hazard.T h efirechief-and/orthefire Greated: 2021 05 29 12:36:55 [EST} {Supp. N o .627 Page 5 of 19 marshalshallb yinspectiondetermine if such a hazard exists. All sewer lines er catch basins must be coveredt e prevent gas vapors from entering open pipework. f O r d .N e .3 7 0 7 03, § 3, 11 2 4 2003) Sec. 38-41. Location of flammableliquidsteragetanks. Aflammableliquids t e r a g et a n km a yb elocatedunderground, outside of or u n d e r a building,i fsuch installationm e e t st h erequirementso ft h i ss e c t i e n .T h et a n k sshall be so located with respect to existingbuilding foundationsa n dsupportst h a tt h el e a d scarr iedb yt h el a t t e rc a n n o tb etransmitted to the tank. The distance from anyp a r to fa tankstoringclass I liquid to the nearest wall of any basement, pit, cellar of property lineshallb enot tesst h a ntw of e e t .Thedistancefrom any part of a tank storing class for I flammable liquids to the nearest wall of anyb a s e m e n t ,p i to rcellarshallb en o tlesst h a nt w o feet and from any property line that may be builtu p o nn o t t e s st h a nf i v ef e e t . fOre. No. 3707 03, $4, 1 24 2003) See. 38-42. Depth and ceverage of flammable liquid undergroundstoragetanks. Excavationf o rundergroundflammable liquid storage tanks shall be made with due c a r et oavoid underminingo ffoundationso fexistingstructures.Underground tanks shall be set on firm foundationsa n t surrounded with soft earth or sand well tamped in place.Tanksshallbecoveredwitha minimumo ftwofeetof earth, or slab of reinforced concrete not less than four inches thick. When underground tanks are, or are likely to be,subjectedt otraffic, they shall be protected against damage from vehicles passing over them by at least three feeto fe a r t hcever, o r1 8 incheso fwellt a m p e de a r t h ,p l u ssixi n c h e so freinforcedc o n c r e t e o re i g h tinchesof asphaltieconcrete.W h e nasphaltie concrete or reinforced concrete paving is used as part of the protection, itshatt extendo n efoothorizontallybeyondt h eoutline of the tank in all directions. The distance between underground t a n k ss h a l lb en o tl e s st h a n two feet. fOrd.N o .3 7 0 70 3 ,§ 5 ,11 24 2003) See. 38-43. Size vents for flammable liquidtanks. Each flammable liquid tank shall be vented through piping adequate in size to preventblowbacko fvaperof tiquid at the fill opening while the tank si being filled. Minimum size ofventsshallbeinaccerdancewiththe following table: M i n i m u mR e q u i r e m e n t sf e r Ve n t Size Capacityo fTanksGallens O t e5 0 0 5 01t o3, 000 3 , 001-t o1 0, 000 10,001t o25,000 2 5, 001-te 50, 000 50,001t o100,000 100,001t o150,000 150,001t o400,000 400,001t o1,000,000 Diametero fVent 1¼i ne hr es 1¼ i n c h e s 2i n c h e s 2 ¼ in ch e s 3 inches 3 ¼i n c h e s 4i n c h e s 5i n c h e s 6 inches Created: 2021-05-29 12:36:55 [EST] (Supp. No. 62) Page 6o f 19 fOrd.N o .3 7 0 70 3 ,§ 6 ,1 12 42003) Sec. 3 8 - 4 4 . P e r m i t r e q u i r e d for b o n f i r e s , etc. No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained on or in any public street, alley, road, public ground or private land withouta permit or other proper authorization. fOrd. No. 3707 03, § 7, 11 24 2003) Sec. 38-45. Use of torches, etc., in business, institutional and public assembly places. The use of torches, lamps and open flame devices in mercantile, commercial, industrial, institutional, educational and public assembly places is prohibited; provided, t h a t the fire chief and the fire marshal shall have the power to adopt reasonable rules and regulations for granting permission of use, when, in their opinion, after proper inspection, such use shall not be considered hazardous to property or endanger any person. fOrd.No.3707-03, § 8, 1 24 2003) Sec. 38-46. Tents. fa) Definition. A "tent" shall mean a shelter or structure of canvas or the like, supportedb ypetesa n dfastened by suys, cords to anchorsi nt h eground. la) tocation. fe f1} No tent or tents shall be erectedwithint h ecity-withoutt h eapproval of the chief of the fire department,chief of the fire prevention bureau and t h ebuildinginspector. 12\ N o t e n t ort e n t sshallb ee r e c t e dt ocover moret h a n7 5p e r c e n to ft h epremises, nor shalla n yt e n tb e erectedelesert h a nt e nf e e tt oother structures. Stake lines of adjacent tents-shall be sufficiently distantf r o me a c ho t h e rt oprovidea na r e a tob e used as a means of emergency egress. Foconform to recognized good practices. The design, construction, flame proofing, location,maintenance andu s eo ftents,unlesshereinotherwisespeeified, shall be in accordance with nationally recognized good practices. fd) Firehazards. f" The ground enclosed by any tent used ni cennection with a placeofoutdeerassembly,andfora Feasonabledistance,butn o tlessthan ten feet outside of such structure or structures, shall be cleared of all flammable material or vegetation whichwill carry fire. Thiswork shall be accomplishedt ot h e satisfactiono ft h einspecting authority prior te the erection of suchstructureo rstructures.The premises shall be kept free from all such flammable materialsduringt h eperiodf o rwhich the premises a r eu s e db yt h epublic. No h a y, straw, shavings or similar combustible material o t h e rt h a nt h a t necessaryf o rt h ec u r r e n t feedinga n dc a r eo fanimals shall be permittedwithina n yt e n t used for publicassembly,exceptthat sawdustmay be used if kept damp. (3} Nosmoking,fireworks or unapprovedo p e n flames o f anyk i n dshall be p e r m i t t e dina n yt e n twhile occupied b yt h epublic." N oSmoking"signsshall -be conspicuously posted in any tent o p e nt ot h e public. Created: 2021-05-29 12:36:55 [EST] (Supp. No. 62) Page 7 of 19 44} fel Tents shall not be used for the display of motion pictures, unless safetyfilmi sused. fire protection equipment. Fire extinguishing equipment of approved types shall be furnishedinsuchamount and in suehlocationsa sm a yb edireetedb yt h efirechiefo rt h efiremarshal. Such fire extinguishing equipment shall bek e p ti napprevedworkingconditiona talltimes. fOrd.No.3 7 0 70 3 ,§ 9 ,1 12 420034 See.38-47. Establishment of limits-of districts ni which storage of flammable- liquids in outside aboveground tanks is prohibited. fat Thelimitsi nwhichstorageo fflammable liquids in outside aboveground tanks is prohibited are hereby e s t a b l i s h e da sf o l l e w s :I ne s t a b l i s h e df i r elimits. #b) The limits in which new bulk plants for flammable liquids are prohibiteda r eh e r e b yestablisheda sfollews: Zones W, R 1, R . 2, R 3, R 4, R 5, € 2, € 3 and established fire limits. Any location mustb eapprovedbythe firechiefo rt h efiremarshalinc h a rg eo fthe bureau of fire prevention. fOrd. No. 3707 03, § 10, 11 24 2003) See.3 8 - 4 8 .Establishment of limits in which bulk s t e r a g e ofl i q u e f i e d p e t r o l e u mg a s e sa r e restricted. Thelimitsi nw h i c hbulkstorageo fliquefiedpetroleum gases are restricted are hereby established-as fellews: ZonesW .R-1,R 2 ,R 3 ,R 4 ,R 5 ,€ 1 ,6 2 ,€ 3 a n destablishedfire limits. fOrd.No.3 7 0 70 3 ,§ 1 1 ,1 12 4 2003) Sec. 38-49. Fire district boundaries. The boundaries of the fire district are shown upon the map which is made part of this section by reference, which map si designated as the "Fire District Map" on file with the city clerk, or as subsequently amended by resolution of the city commission. An area shall be deemed to be within the fire district fi one-third or more of the area is located therein. fOrd.No.3 7 0 70 3 ,§ 1 2 ,1 12 42003) Sec. 38-50. Obstructing aisles of churches, assembly halls, etc. It shall be unlawful for any person to obstruct any aisle, passageway or corridor of any church, assembly hall, lodge hall, theater or other public buildings within the city used for the purpose of worship, instruction, entertainment or public assemblage by standing in or occupying the aisles, passageways, corridors or stairways thereof, during or preparatory to any service, performance, exhibition, lecture, concert, ball or other public gathering or by placing therein any chair, settee, campstool or other obstruction; provided that this prohibition shall n o t be c o n s t r u e d in such mann er as t o apply to or include normal lobby standing area. fOrd. No. 3707 03, § 13, 11 24 2003) Created:20210 52 912:36÷55 [EST} Supp. No. 627 Page 8 o f 19 Sec. 38-51. P e r m i t t i n g obstruction. It shall be unlawful for the lessee, manager, owner or person ni charge of any church, assembly hall, lodge hall, theater or building within the city to allow or to permit any aisle, passageway, corridor or stairwayt o be obstructed or blocked in violation of section 38-50. f O r d .N o .3 7 0 70 3 ,§ 1 4 ,1 1 2 4 2003) Sec. 38-52. Wheelchairs, etc. in foyers, lobbies, etc. It shall be unlawful for any person to place o r cause or permit to be placed any wheelchair or any readily movable object in any foyer, lobby or entrance to any church, assembly hall, theater or any other public buildings within the city which is liable to be moved or knocked into any aisle, passageway, or corridor thereof. fOrd.N o .3 7 0 7-03,§ 1 5 ,1 12 42003) Sec. 38-53. Exit doors not to be locked or f a s t e n e d during performance. It shall be unlawful for t h e lessee, manager, owner or persons in charge of any church, assemblyhall, lodge hall, theater or other public buildings within the city to permit any exit door to be locked or fastened immediately prior to, during or immediately after services, performance, lecture, exhibition, hall orother public gathering. fOrd.N o .3707 03, § 16, 11 24 2003) Sec. 38-54. Smoking in theaters and other places when prohibitedbythefirechief. It shall b eunlawfulf o ra n yperson t esmeke any cigar, pipe or cigarette or to smokeo rt ob u r nt o b a c c oi na n y form in any theater, m o t i o npicturet h e a t e ro ra n yother place in t h e city where signs containingt h ewords "NoSmoking"h a v ebeen posted pursuant to any order of the fire chief. Thefirechief shall order such signs erected ni any place of public assemblage ni the city wherein, inhis/her epinion,smokingwould constitute a menace t e life or property; providedt h a tt h i ssectionshalln o tb e construed s oa st om a k ei tunlawfulf o ra p e r f o r m e rt e smoke in smoking areas designateda ss u c hwhich haveb e e napproved by the fire chief. fOrd.No.3797-03,§ 17,1 12 420034 See. 38-55. Permitting smoking: Itshallbe unlawfulforany personewning,managing or controlling any theater or place of public-assemblage within the city where smoking is prohibited, as providedi nsection 38-54,t oallew-ort op e r m i tsuchsmokingin such prohibited areas. fOrd.No. 3707 03, § 18, 1 24 2003) S e e s .3 8 - 5 63 8 - 6 0 .Reserved. ARTICLE III. FALSE FIRE ALARMS Created: 2021-05-29 12:36:55 [EST] (Supp. No. 62) Page 9 of 19 Sec. 38-61. 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: Alarm user means any person occupying or controlling the premises ofan occupancy which si protected by an a u t o m a t i c fire d e t e c t i o n system. Automatic fire detection system means any system employing heat detectors, smoke detectors, flame detectors or waterflow alarm elements forthe purpose of detecting and automatically transmitting an alarm of fire. Central station system means a system or group of systems in which the operation of circuits and devices are signaled automatically to, recorded in, maintained and supervised from an approved central station having competent and experienced observers and operators who, upon receipt of a signal, notify the fire rescue department and take such other action as is required by the fire prevention code of t h ecity. Central station systems contractor means a person, firm or corporation whose principal business is the furnishing and maintaining of a supervised signaling service known as a central station system. False alarm signal means the transmission of a fire alarm signal indicating a fire emergency requiring the immediate response o fa fire rescue department enginecompany or companies when a fire emergency does not exist and no evidence thereof is apparent to the senior fire rescue department officer arriving on the scene. Occupancy m e a n s any building or complex of buildings which because of the nature of the occupancy or size of the building is regulated by the fire prevention code of the city. f o d e 1979, § 11 1314 Cressr e f e r e n c e ( s )Definitionsgenerally,§ 1 7 . See. 38-62. Alarm permits required for voluntary installations. Hop er s o nshallvoluntarilyhavea nalarm installed to be operational, or use an existing a l a r serving any premiseso ra building,o ra portionthereof,occupiedo rcontrolledby such person, unless an alarm permit in the formofa decalhasbeenissuedunder this article, and is in force, authorizing the use of such alarm. A voluntary installation shallb ed e e m e dt om e a na ninstallationo fa nalarmwhichi sn o trequiredb ylecalo rstate law. Such alarmpermitshallconstitutea regulatory license. f o d e1 9 7 9 ,§ 1 1132) See.38-63.Applicationf o ralarmpermit. fa) Applications fora l a r mpermitsf o rveluntary installationsshallb em a d eo nf o r m sprovided by the eity.The application shall be signed by the alarm user and shall provide the follewing information: 11} Name,a d d r e s sa n dtelephonen u m b e ro ft h ea l a r muser. (7) Address and telephone number of the alarm user's premiseso rbuildingt ob eservedb ythealarm. (3) Thename,address and telephone number of the person or persons in charge of the premisesof building served by the alarm. (4) T h en a m ea d d r e s sa n dt e l e p h o n en u m b e ro ft h ep e r s o no re n t i t yinstalling such alarm. 15} Then a m e ,addressand telephone number of the persen or entity monitering such alarm. Created: 2021-95-29 12:36:55 [EST] (Supp. No. 62) Page 10 of 19 16} The name, address and telephone number of the person o rentityprovidingmaintenance and repai s e r v i c et os u c h a l a r m . Anagreementb ythealarm user, binding upon the alarm user's heirs and successors in interest,t e promptlypayorlawfullycontestanypenalties assessed against the alarm user for an excessive number o ff a l s ea l a r m s a s described in this article. fat Anamendedapplication shall be filed within ten days after any change in the informationprovidedinsuch application.U p o ns u c ha m e n d m e n t ,a - n e wa l a r mp e r m i tshallb ei s s u e dw i t h e u tc h a r g eo rf e e . fode 1979, § 1 133) Sec. 38-64. Term ef permit; fee; nontransferable. fat Analarmpermitshallhavea termof one year from date of issuance, such term to begin October-1andend September30. Anyalarmpermit issued after October 1will be valid through September 30 nextfollowing. #b) Afee-asestablished b yresolution of the citycommission and on filei nt h ecityclerk's office shallbe charged the alarm user by the cityf o re a c hpermitissued,includingsuecessive renewal permits, to defray the cost of regulation. fe Anyalarm p e r m i t issued pursuant to this articleshall not be transferableo ra s s i g n a b l ea n ds h a l l cover only one building or premises. f o d e 1979, § 11 134) Sec.3 86 5 .Issuance of alarm permit. An alarm permit shallb emailedt othealarmusera tt h eaddress of the alarm user stated on the application within ten d a y sa f t e rreceipto ft h e comp letedapplication. An alarm permit shall be deniedif; 11) The requested information isn o tsupoliedo nt h eapplication. Materialinformationo nt h e application is incorrect. 13) Any-person or entity listed on the application under subsections 38 63(a](4) (6) does notpossess any required occupational o rregulatory licenset econduct the activitiesr e q u i r e db ysubsections38- 63(a/(4)( 6 ) ,unless the person or entity si the alarm user. f o d e 1979, § 11 135) See. 38-66. Decal required. Eachalarmpermitholdershallbe issued an alarm decal. Such decal shall be displayed in a conspicuousplace visiblet ot h eoutsideo ft h epremisescoveredb ythe permit. [Code1 9 7 9 ,§ 1 1136) G r e a t e d :2 0 2 10 5 29 12:36:55 {EST} (Supp. No. 624 Page1 1 of 19 See. 38-67. Required installations; informationt o b e submitted; permit, fee and decal not required. fat Installationso falarmsw h i c ha r erequiredb ylocalo rs t a t e law shall be undertaken and completed acterding to local or state law.Priort oinstallation,t h efollewinginfermation shallb e submittedt e the tax collector a n df i r ep r e v e n t i o nb u r e a uo nf o r m sp r o v i d e db yt h ecity: N a m e ,a d d r e s s - a n dt e l e p h o n en u m b e ro ft h ea l a r mu s e r . 12) f3) Addressa n dtelephonen u m b e ro ft h e a l a r mu s e r ' spremiseso rbuildingt ob es e r v e db yt h ealarm. The name, address and telephone numbero fthepersono rpersonsi nchargeo fthepremisesof building served by the alarm. f4) The-name,address and telephone number of the person or entity installing such alaff. (5) The name, address and telephone-number of the person or entity menitoringsuchalaff. The name, address and telephone number of the person or entity providing maintenance and repair f6) s e r v i c et os u c h - a l a r m . f t f o rrequiredinstallations, no decal shall be necessary. *Code1 9 7 9 ,§ 1 11 3 7 Sec. 38-68. Excessive false alarm signals declared a public nuisance. The transmission of m o r e than three false alarm signals by an automatic fire detection system protecting any occupancy within any 12-month period of time is excessive and constitutes a serious public nuisance, and is hereby declared to be unlawful and a violation of this section. No person shall allow, permit, cause or fail to prevent the transmission, for any reason, by an automatic fire detection system used by him, or any such system serving any premises or a building occupied and controlled by such person, of more than three false alarm signals within any 1 2 - m o n t h period of time. K o d e1 9 7 9 ,§ 1 1 138) Sec. 38-69. False alarm signal service charge; collection. (a) For response to excessive false alarm signals by t h e fire rescue d e p a r t m e n t , the alarm user shall be charged a service fee by the city as established by resolution of the city commission and on file in the city clerk's office for t h e first false alarm signal in excess of three false alarm signals in any 12-month period, a service fee as established by resolution of the city commission for the second false alarm signal in excess of three in any 12-month period, and a service fee as established by resolution of the city commission for the third and each successive false alarm signal in excess of three in any 12-month period. The provisions of this section shall not apply for a period of three months from the date a permit is issued by the city for the installation o f an automatic fire detection system. The fire chief shall determine whether a false alarm signal has been transmitted and the frequency of such false alarm signals, and the city shall notify alarm users of amounts o w n e d t o t h e city and shall make d e m a n d t h e r e o f p u r s u a n t to t h e provisions of this section. (b) The city attorney may proceed by a suit in a court of competent jurisdiction to collect such charge after d e m a n d therefor has been m a d e by t h e city and the p a y m e n t t h e r e o f refused by the alarm user. f o d e1979, § 1 1394 Created: 2021-05-29 12:36:56 (EST] (Supp. No. 62) Page 12 of 19 See. 38-70. Penalty. Anyp e r s o nw h eshall violatet h eprovisionso ft h i sa r t i c l es h a l l ,u p o nc o n v i c t i o nt h e r e o f ,b ep u n is h ed as providedi ns e c t i o n1 1 3o ft h i sCode. f o d e 1979, § 11 140) See.38-71. Responsibility ef central station systems contractor to report fire a l a r signals. Nothing in this article shall be deemed to relieve a central station systems contractoro ft h eresponsibilityo f promptly reporting all automatic fire detection signals signaling a fire alarmfroma noccupancysupervisedbythem t ot h ef i r er e s t u ed e p a r t m e n t . [ C o d e1 9 7 9 , § 11 141) See.38-72.Automatic fire detection system te be supervised as required by thefirerescue department. I shall be unlawful and a violation of this articlef o ra n yp e r s o nt osupervisea nautomatic fire detection systemi na m a n n e ro t h e rt h a nt h a tm a n n e r prestribedf o ra c e n t r a lstation system and ina manner approved by t h ef i r er e s t u ed e p a r t m e n t . fc ode 1979, $ 11 -1421 Set.38-73. Enfercement threugh cedes enforcement beard. The fire marshal,o rt h ebuildingofficialu p e nrequestfrom the fire marshal, may initiate actionbeforet h e special magistrate to obtain compliance with this article andpaymentofservicechargesassessedbythecity pursuantt osection3 86 4 .Thespecial magistrate shall have the authority to place a lien-againsttheproperty served by an automatic fire detection system int h eamounto fallassessedservicecharges. fEede 1979, § 11 143; Ord. No. 4505 14, § 1, 2 3 2014) S e e .3 87 4 .Exemptions. Thisarticleshalln o tapplyt oburglar alarms or to any alarms attached to motor vehicles of attachedt oany publiclyo w n e dp r o p e r t y. f o d e 1979, 5 11 144) Sees.3 87 53 81 0 0 .Reserved. ARTICLE V. EMERGENCY MEDICAL SERVICES Created: 2021-05-29 12:36:56 [EST] (Supp. No. 62) Page 1 3 of 19 Sec. 38-101. Provision of services. (a) The fire rescue department is hereby authorized and directed to obtain and maintain any and all necessary state licensing, vehicle permits and all necessary county certificates of public convenience and necessity, pursuant to F.S. ch. 401 and Palm Beach County Emergency Medical Services Ordinance No. 87-27 and any subsequent applicable revised laws and ordinances, for the purpose of providing emergency medical and trauma treatment and emergency transportation services in and for the city. (b) Subject to an annual appropriation for such purposes, the fire rescue department is authorized and directed to staff and maintain any and all necessary equipment, materials and personnel to provide the appropriate level of emergency services capabilities at all times.The appropriate level of emergency services shall be d e t e r m i n e d by t h e city c o m m i s s i o n . (c) The fire rescue d e p a r t m e n t shall maintain all necessary licenses and certifications as required and be designated as the primary provider of all manner of emergency medicaland trauma treatment and emergency transportation services within the city limits. (d) Emergency medical services shall be provided to any resident or visitor of the city, regardless of their ability to pay, or their socio-economic status within the community. (Code 1979, § 11 145) Sec. 38-102. Establishment of fees for emergency medical services. Except as otherwise provided in this article, the city commission shall, by resolution, establish fees to b e charged for emergency medical services provided. Each year, during its annual budget review, the city commission shall evaluate and may adjust or modify the fees charged. [Code 1979,§ 1 1146) Sec. 38-103. Billing andcollection of fees. fat The fire rescue department i sh e r e b yauthorizedt oestablisha m e t h o do fbillinga n dcollectionof authorized emergencymedicalservicefees to include, but not be limited te, the following: (1) Generatingallpatient bills/inveices. +2) Generating any and all invoices to third party payers. +3) Pesting all payments as received. {5} Responding to all patient requests and inquiries, eitherwritten orverbat. fomplying with all applicable federal, state, and local laws as they apply te the billing and collection services being provided. This includes all requirements to maintain confidentiality for allmedicaland patientinformationa ss e tf o r t hi ns t a t ea n d local laws or rules a n d regulations. {6) f7} Negotiating payment schedules for these individuals unable to pay thefull amount whenbilled. Maintaininga n ya n da l ldecumentation,recordsa n dpatientinformationi na secure manner that will a l l o wi n s p e c t i o na n da u d i tb yt h ec i t y,i t sa g e n t s ,o ro t h e r authorized agencies or persons, u p o np r o p e r notification. +8 Emplovingcollection services through the finance departmentw h e nt h ef i r erescue departmentis unsuccessfuli nitse ff o r t st ocellectfees for its services. Created: 2021-05-29 12:36:56 [EST] (Supp. No. 62) Page 14 of 19 19} fo) Providingappropriatefinancialreports. Al fundsreceived by the city for payment of the fees authorized by this articleshallbecreditedtethefire f e s c u e department. f cod e 1 979, 5 1 1 -3471 Sec. 38 104. Authority to negotiate settlements o f outstanding debts for emergency medical services provided. The cityattorney'soffice, upont h erecommendationo ft h ef i r er e s c u edepartment,ish e r e b yauthorizedt e negotiatesettlementso foutstanding debts owed to the city for emergenty medical servicesprovidedwhenthe debtorisunablet osatisfytheoutstandingbalance due or legal proceedings have been filed relatingt osuchdebt. /Code 1979, § 11 148) See. 38-105. Authority to previde emergency medical andfer billing services to other gevernmental entities, medicalfacilitieso rnongovernmentalentities. Subject to theindividualapprovalbythe city commission of an agreement for such purpeses, thefirerescue department si hereby authorizedt oprovideemergencymedical services and/or emergency medical billing services toother governmentalentities, medical facilitiesa n d nongovernmental entities.The fire-reseuedepartmentshall charges u c hamounts a s approved by the city commissioni na na g r e e m e n tf o rsuch servees. fEede 1979, § 11 149} Sec. 38-106. Authority t o require e m p l o y m e n t of s t a n d b y emergency services personnel for events held within the city. (a) The fire chief or his designee is hereby authorized to require the employment of one or more standby city emergency services personnel, by any owner, lessee, agent or promoter, when in the fire chief's opinion it si essential that such personnel be on duty in any place of public assembly or any o t h e r place where people congregate. The determination that standby emergency services personnel arerequired shall be based upon the number of persons in attendance and the nature of the performance, exhibition, display, contest, event or activity. While so employed, such personnel shall be subject to the fire chief's orders at all times and shall be ni uniform and remain on duty during the times such places or events are open to the public, or when the activity is being conducted. Paramedics or EMTs shall not be required or permitted, while on duty, to perform any other duties than those specified in this article. [b) Standby emergency services shall be provided exclusively through the city fire rescue department. The fire rescue department is authorized to charge for services rendered under this section, based upon the fire rescue department's cost to provide the requiredlevel of emergency services including, any administrative expenses. Charges for standby emergency services may be waived for a specific event or activity by a majority vote of the city commission. f e d e 1979, § 11 150) Sees. 38 1 0 73 8 130. Reserved. Created:7021 0 52 912+36+56[EST7 (Supp. No. 62) Page1 5o f19 PA RT I - CODE OF ORDINANCES Chapter 38 - FIRE PREVENTION AND PROTECTION ARTICLE V. HAZARDOUS MATERIALS ARTICLE V. HAZARDOUS MATERIALS? Sec. 38-131. 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; provided, however, reterences to statutes or regulations in existence at the time this section is adopted shall also include references to such statutes or regulations as they may b e a m e n d e d from time to time: Carcinogen means a substance which causes cancer. For purposes of this article, carcinogens are those substances specified on the list developed by the United States Department of Health and Human Services in its Annual Reports on Carcinogens. CAS number means the unique identification name as assigned by the Chemical Abstracts Services to specific chemical substances. Chemical name means t h e scientific designation o f asubstance in accordance with the International Union of Pure and Applied Chemistry or the system developed by t h eChemical Abstracts Services. Common name means a designation of identification, such as code name, code number, trade name or brand n a m e used to identify a substance other than by its chemical name. Disclosure form means the hazardous material information form provided by the city fire rescue department. Handle means to generate, treat, use, or dispose of a hazardous material in any fashion. Handler means any person who handles a hazardous material. Hazardous material means any substance or product for which the manufacturer or producer is required to prepare a Material Safety Data Sheet (MSDS) for the substance or product pursuant to the Superfund Amendments and Reauthorization Act (SARA) Title III, October 1986 and/or F.S. ch. 252, the Florida Hazardous Materials Emergency Response and Community Right-To-Know Act, July 1988, provided that a substance may additionally be deemed a hazardous material or hazardous waste upon a finding by the fire chief that the substance, because o f its quantity, concentration or physical or chemical characteristics, poses a significant potential hazard to human health and safety or t othe environment if released into the community. Should the fire chief at any time determine that otherwise exempted materials should be subject to disclosure, the fire chief may require t h e submission of a disclosure form. Hazardous waste means any material that is identified in 40 CFR 261.31-261.33. Health official means the health officer with authority in the city. MSDS means a material safety data sheet prepared pursuant to regulations indicated in the definition of " h a z a r d o u s material" in this section. Physician means any person recognized as a physician under state law. Recovery m e a n s as defined in the county regional hazardous materials response plan. ' C r e s sr e f e r e n c e s )E n v i r o n m e n t ,c h .3 4 . West Palm Beach, Florida, Code of Ordinances Created: (Supp. No. 62) Page 16 of 19 2021-05-29 12:36:56 [EST] SIC Code means the identification number assigned by the Standard Industrial Classification Code to specific types of businesses. Storage and storing mean the containment of substances or materials in such am a n n e r as n o t to constitute disposal o fs u c h s u b s t a n c e s or materials. Use means the handling, processing or storage ofahazardous material. User m e a n s any person w h o uses a h a z a r d o u s substance or handles a h a z a r d o u s waste. f e d e 1979, § 11 151(a}) Eressr e f e r e n c e s )Definitionsgenerally, §1 2. See. 38 132. Filing of a hazardousmaterialdisclosureform. fa) Any person who uses or handles a hazardous material must semiannually, during the months of January and tuly, submit a complete disclesureformt etheeityfireresetedepartment. Any person, whe, during the calendar year, fort h efirst time becomesa u s e ro rh a n d l e ro fa n yhazardous material must submita completeddisclosureformt ot h eeity fire reseue department within 15 days of becominga u s e ro rh a n d l e r.T h e r e a f t e r,a n ys u c hu s e ro rh a n d l e rs h a l lc o m p l yw i t ht h e provisionso f subsection (a) ef this section. fet The city fire r e s c u edepartment may, upon written notice,require the submittalo fa distlesure form of any user or handler. The user or handler shall submit a completeddisclesureformwithin1 5days. felt Any person required to submit a disclosure form pursuant to this section shall file with the city fire ressue department an updated disclosure form within 15 days of any of the following: f1} Achange in business address. 12} A c h a n g ei nb u s i n e s s ownership. (3) Achange in businessname. (4} C e s s a t i o no fb u s i n e s so p e r a t i o n s . (5t Theuse or handling of a previously undisclosed hazardous materiat. (6} A significant change in the use,handling, o rmanufacturi ngo fa hazardeusmaterials for which disclosure has been previously made. (74 fe) The hazardous characteristiesofeveryhazardousmaterialdisclosed, including, but notimited-to, texicity, flammability, reactivity, and corresivity as may be required bythe fire rescuedepartment. Uponr e q u e s ta l lu s e r sm u s tp r o v i d et h efollowinginformation: +1) To t h ef i r er e s c u e d e p a r t m e n t ,a n y informationd e t e r m i n e d by t h ed e p a r t m e n tt ob enecessaryt o protect the public health, safety or the environment. 12} To any physician, where the physician determines t h a tsuchinformationi snecessary tot h emedical treatment o fhisp a t i e n ta n dt ot h ee x t e n tallewed by law. f Ce de 19 79, 5 11 15146 Sec. 38 133. Exemptions from disclosure. The following materials or persons are e x e m p tf r o mdisclosurerequirements: Created: 2021-05-29 12:36:56 [EST] (Supp. No. 62) Page 17 of 19 Hazardous materialso rsubstancescontainedinf o o d ,drug,cosmetieor tobacco products. +2) Hazardousmaterialscontained solely in consumer preducts packaged for use by and distributed to the general public, unless the product is repackaged or altered in anyw a y ;provided,h e w e v e r,t h e m a n u f a c t u r e and distribution of t h e s e p r o d u c t sa r en o te x e m p t .H e w e v e r ,p e s t i c i d e s ,h e r b i c i d e s ,a n d ammoniumnitratefertilizersi nqualitiesover the required disclosure amounts are not exempt from disclosure. (3} Anyperson,while engagedi nt h etranspertatione rstorageo fhazardousmaterials,w i t h i n t h e provisionsofTitle4 9o ft h eCode of Federal Regulations, Subchapter C, as exists or as hereafter a m e n d e d or changed. 144 Infectious waste generated by hospitals, medical centers, clinies and otherhealthcarefacilities. fEede 1979, §11 151|€) Sec. 38-134. Identification of areas; keyed lock box; identification placards. (a) When required by the fire rescue department, any person submitting a disclosure form may be required to install an approved keyed lock box to store safety data sheets, floor plans, site plans, and building access kevs for authorized use i n the case of an emergency. fI required by the fire rescue department, the approved keved lock box must be installed within 90 days of receipt o fa written notice from the fire rescue department. The specifications and location of the required keyed lock box shall be as designated by the fire rescue department. The National Fire Protection Association (NFPA) Standard 704, Standard System for Identification of the Fire Hazards of Materials, shall be incorporated with the application of the keyed lock b o xto provide exterior warning symbols for emergency responders. Hazardous materials identification placards shall be installed in accordance with NFPA Standard 704. (b) T h efire r e s c u e d e p a r t m e n t may direct t h a t the items specified above b e revised or reinstalled at any time. The city shall bear no expense for initial o r subsequent work required of a user under this section. fEede 1979, 9 11 1 5 1a , Sec. 38-135. Recordkeeping; exemption from public disclosure. (a) Upon receipt of a disclosure form, the fire rescue department shall maintain files of all disclosure forms received. (b) Under the provisions of F.S. § 252.88(3), any and all information, including but not limited to site plans and specific location information on hazardous materials furnished to the fire rescue department pursuant to this section shall be confidential and exempt from the provisions of F.S. § 119.07(1). f o d e 1979, § 11 151/e#) Sec. 38-136. Enforcement. The fire chief or designee is authorized and empowered to enforce the provisions of this chapter. The enforcement may include the inspection of hazardous materials in use, storage, or disposal, review of hazardous materials records, the sampling and testing o f hazardous materials, and other activities directlyrelated t o t h e enforcement of this section. No person shall obstruct or interfere with the fire chief or designee in the p e r f o r m a n c e of t h e s e duties. f o d e 1979, § 11 151(4}) Created: 2021-05-29 12:36:56 [EST] (Supp. No. 62) Page 18 of 19 See.3 81 3 7 .Vielations. th addition to the penalties andremediesprovidedinF.S.§ 252.66, any violations of the provisions of this sectionshallb epunishable as provided for in section 38 38. fode 1979, § 1 151/g| Created: 2021-05-29 12:36:56 [EST] (Supp. No. 62) Page 19 of 19