HomeMy WebLinkAbout2004-021•
ORDINANCE NO. 2004- 021
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA AMENDING THE CODE OF
INDIAN RIVER COUNTY, CHAPTER 208, EMERGENCY SERVICES
D ISTRICT BY ADDING A FIRE PROTECTION CODE SECTION;
PROVIDING DEFINITIONS; PROVIDING FOR ASSESSING COSTS
OF CLEAN UP OF SPILLS OF HAZARDOUS MATERIALS,
PROVIDING FOR COSTS OF RE -INSPECTIONS OF FIRE SAFETY
INSPECTIONS; PROVIDING FOR PAYMENT OF COSTS
ASSOCIATED WITH EXTRAORDINARY DUTIES PERFORMED BY
E MERGENCY PERSONNEL; PROVIDING FOR FEES FOR PLAN
REVIEW; PROVIDING CIVIL REMEDIES; PROVIDING PENALTIES;
PROVIDING FOR AMENDMENTS TO SECTIONS 925.03 THROUGH
AND INCLUDING 925.08 OF CHAPTER 925 PROVIDING FOR
P ERMITTING AND INSPECTION FEES ASSOCIATED WITH OPEN
BURNING; PROVIDING FOR AMENDMENT TO SECTION 972.08 OF
CHAPTER 972 BY REMOVING SALE OF FIREWORKS AS A
TEMPORARY USE OF THE COUNTY CODE; PROVIDING FOR
S EVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES OF INDIAN RIVER COUNTY; PROVIDING
FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Chapter 208 establishes the Indian River County Emergency
Services District, Chapter 925 regulates open burning and the use of air curtain
incinerators and Chapter 972 regulates temporary uses and sales; and
WHEREAS, the Legislature of the State of Florida has adopted Chapter 633,
F.S., Fire Prevention and Control, that empowers a municipality to enforce Chapter 633
and the Florida Fire Prevention Code, and
WHEREAS, the District enforces various provisions of the Florida Administrative
Code including but not limited to Department of Environmental Protection Chapter 62-
256, Open Burning and the Department of Agriculture and Consumer Services, Division
of Forestry, Chapter 51-2, Rural Open Burning and also Chapter 69A-60, the Florida
Fire Prevention Code; and
WHEREAS, the District also has duties to carry out at a local level including plan
review, fire safety inspections, abatement of hazardous materials together with other
duties established in the Indian River Code Florida Fire Prevention Code and state law;
and
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WHEREAS, changes occurring in state government have delegated the duties of
fire safety inspections of public schools, nursing homes and other health care facilities
to the District resulting in the District spending an increased amount of time conducting
fire safety inspections to the point that additional personnel are needed and additional
funds must be generated as a result of these duties performed by the District;
WHEREAS, the sale of fireworks from temporary structures such as tents or
other open air type stands presents a danger to the public at large; and
WHEREAS, that from time to time the fire district spends an extraordinary
amount of time or service in the course of their duties and the persons responsible for
causing the extraordinary expenditure of time or resources should reimburse the District
for costs incurred; and
WHEREAS, the District plays a vital role in examining plans and conducting
inspections for new buildings and new developments. Recent trends have indicated a
much greater amount of time will need to be dedicated to these important functions and
that the entities that request those services should pay a reasonable amount to defer
those costs incurred in obtaining that service,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
PART I: ESTABLISHES, AMENDS AND RESTATES INDIAN RIVER COUNTY
EMERGENCY SERVICES DISTRICT AS PART I: GENERAL PROVISIONS OF
CHAPTER 208 OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA.
CHAPTER 208. INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT
Part I. General
S ec. 208.01.
S ec. 208.02.
S ec. 208.03.
S ec. 208.04.
S ec. 208.05.
S ec. 208.06.
S ec. 208.07.
S ec. 208.08.
S ec. 208.09
Part II. District Fire Code
S ec. 208.10
S ec. 208.11
S ec. 208.12
Creation and boundaries of Indian River County
emergency services district.
Purpose of district.
Governing body.
Powers of district.
Taxing ability.
Repeal of existing special districts.
Transfer of employees.
Withdrawal from district by municipality.
Establishment and responsibility
Abatement of hazardous materials.
Fire safety inspections
Fireworks sales and use
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S ec. 208.13
S ec. 208.14
PART .ONE: GENERAL.
S ections 208.01-208.08 No change.
Extraordinary service or expense
Penalties.
S ection 208.09 Establishment and Responsibility
(1) The Indian River County Fire Marshal's Office ("Fire Marshal") is hereby established
and shall be operated under the supervision of the Fire Chief of the Indian River County
Fire Division, under the direction of the Director of the Indian River County Department
of Emergency Services.
(2) The Fire Chief shall designate a Bureau Chief also referred to as the "Fire Marshal"
to be responsible for the administration and enforcement of applicable provisions of this
Code, Chapter 633 F.S and Chapter 69A-60, Florida Administrative Code, as may be
amended.
(3) The Fire Marshal (or designee) shall be responsible for the issuance of permits,
certificates, notices, approvals and/or orders pertaining to life safety, fire control and fire
hazards, as provided for in this Code, Chapter 633 F.S and Chapter 69A-60, Florida
Administrative Code. The Fire Marshall shall be a designated Code Enforcement
Officer for the District and shall have all the power and authority granted by Part II of
Chapter 162, F.S. and this code.
(4) The Bureau Chief (or designee) shall be responsible for all Fire Marshal's Office
record keeping and shall provide an annual report of all fire Inspection, fire
investigation, public education, and plan review activities to the Fire Chief and
Emergency Services Director.
PART II: ESTABLISHMENT OF PART II: EMERGENCY SERVICES DISTRICT
FIRE CODE OF CHAPTER 208 OF THE CODE OF INDIAN RIVER COUNTY,
FLORIDA.
Section 208.10 Abatement of Hazardous Materials.
(1) Unless otherwise prohibited by law, the fire chief or his designee shall have the
authority to summarily abate, control and contain hazardous materials which are
emitted into the environment in such a manner as to endanger the health or safety of
the general public or the environment. The fire chief or his designee shall have the
authority to enter public or private property with or without the owner's consent, to
respond to such hazardous materials emergencies. The fire chief or his designee shall
determine the type, amount, and quantity of equipment and personnel required to
adequately abate, control and contain all hazardous materials which are emitted into
the environment.
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(2) The words and phrases defined in this section shall have the following meaning
when used in this chapter.
(a) Hazardous materials. Any substances which, when discharged or emitted
in any quantity, may present an imminent and substantial danger to the public health or
welfare or to the environment.
(b) Hazardous materials emergency. The discharge or emission of hazardous
materials into the environment deemed to present an imminent and substantial danger
to the public health or welfare.
(c) Hazardous materials response. The sending of county fire department
equipment and personnel to abate, contain or control the emission of hazardous
materials, resulting in fire or otherwise, which may endanger the health or safety of
persons or the environment.
(d) Having control over. Shall mean but not be limited to using, transferring,
storing or transporting hazardous materials immediately prior to release of such
materials onto the land or into the air or the waters of the district.
(e) Person. Any individual, firm, partnership, association, public or private
institution or corporation, local government or government agency.
(3) Unless otherwise allowed by law, it shall be unlawful for any person having control
over any hazardous materials to cause or allow such materials to be emitted or
released into the air or water or onto land located within the district's jurisdiction.
(4) Any property owner and/or person exercising control over hazardous materials
that create a hazardous materials emergency (hereinafter referred to as "responsible
person") shall be held financially liable for the response, abatement, containment and
remedial costs incurred by the county fire department during the emergency. Such
responsible person shall assist the fire department in abatement, containment, removal
and remedial measures associated with the hazardous materials emergency.
Assistance shall include but shall not be limited to any or all of the following:
(a) Compliance with the instructions of the fire department or district;
(b) Supplying emergency response plan information for the site;
(c) Supplying emergency response equipment, personnel and materials
available on site.
(5) The fees and charges for hazardous materials emergency response on behalf of
the district by the fire department or its agent(s) shall be established by resolution of the
board of county commissioners from time to time and set forth in a schedule of fees
and charges, a copy of which shall be maintained in the fire department and the office
of the county clerk.
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(a) Any charge assessed pursuant to this section shall be made payable within
90 days of the date of assessment by the chief of the fire department or his designee.
The notice of the charge assessed shall be in writing and delivered to the responsible
person determined in this section, by personal delivery or certified mail.
(b) Any charge not paid within the required time period may result in a lien upon
the responsible person or their property pursuant to IRC Code 100.080.
Section 208.11 Fire Safety Inspections, Plan Review
Unless otherwise provided by law, annual fire safety inspections shall be
conducted by qualified inspectors of all buildings specified in the Florida Fire Prevention
Code under the Emergency Services District jurisdiction. A written report of the
inspection shall be provided to the owner or person In charge.
(1) The District shall conduct a follow up inspection within 45 days to verify
compliance with violations cited in the annual inspection. If the follow up inspection
reveals the building is not in compliance and it becomes necessary for the District to
conduct additional inspection(s) to verify compliance, the occupant or owner of the
building shall pay the actual costs of each additional re -inspection. The cost of a re-
inspection shall be set by resolution of the District.
(2) As specified in this Code, the Florida Fire Prevention Code or the Florida
B uilding Code, the District shall inspect all new occupancies, building renovations or
additions, installation of fire protection or detection systems, fire and life safety related
installations and special events. The District shall conduct a follow up inspection within
45 days to verify compliance with violations cited in the initial inspection. If the follow up
inspection reveals the building is not in compliance and it becomes necessary for the
D istrict to conduct additional inspection(s) of a new occupancy, building renovation or
addition, installation of fire protection or detection system, fire and life safety related
installation or special event to verify compliance, the occupant or owner shall pay the
costs of each re -inspection. The cost of a re -inspection shall be set by resolution of the
D istrict.
(3) As specified in this code, the Florida Fire Prevention Code or the Florida
Building Code, the District shall review all plans for new occupancies, building
renovations or additions, and subdivisions for compliance with said codes. The District
may charge a reasonable fee to be set by resolution to recover its costs incurred in the
plan review. No building permit may be issued until the new occupancies, building
renovations or additions, and subdivisions comply with said codes and all fees due
under this chapter have been paid.
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Section 208.12 Fireworks Sales and Use
Except as herein provided, it shall be unlawful to sell or offer to sell any fireworks
as defined in Chapter 791.01 F.S. in Indian River County. It shall be unlawful for any
person topossess, use or explode any fireworks in Indian River County unless such
use is approved and authorized by the Indian River County Fire Marshal's Office or
otherwise allowed by law.
(1) A registered wholesaler, properly licensed and registered with the State Fire
Marshal and Indian River County at the time of sale, may sell fireworks as provided by
Chapter 791 F.S. All sales of fireworks shall be made on lands zoned commercial or
industrial and only from a permanent building. Such buildings shall be protected with
an automatic fire sprinkler system and fire alarm system in accordance with the
appropriate NFPA standards. All such buildings and systems shall be classified as
follows;
a) Building Classification
H-1 Florida Building Code
EH (Extra Hazard) Group 1, NFPA 13 (More restrictive
classifications may be considered based on the amount and type of
product being stored on-site)
b) Fire Sprinkler Design Density Minimum 0.30 2500 sq. ft.
c) Fire Alarm System shall be compliant with NFPA 72, NFPA 13
supervision and notification, and A.D.A.
(2) It shall be unlawful to sell or offer for sale any fireworks from temporary
structures, tents or open-air stands.
(3) The Sheriff or designee shall seize, take, remove or cause to be removed, at
the expense of the business owner, all stocks of fireworks offered or exposed for sale,
stored or held in violation of this Section.
(4) Violation of this section is a misdemeanor pursuant to Section 125.69 F.S.,
and is punishable under said section by imprisonment for up to sixty (60) days, or a fine
of up to $500.00 or both imprisonment and fine.
208.13 Extraordinary Expense or Service
The following definitions shall apply to this chapter:
(1) Extraordinary Expense. That expense that is beyond a standard Fire
Rescue response characterized by use of special material, equipment, suppression
measures, experts or consultants for the purpose of mitigation of hazardous, dangerous
or burning materials by representatives of Indian River County Fire Department.
(2) Extraordinary service. That service that is beyond a standard Fire Rescue
response characterized by expenditure of prolonged periods of man-hours (12 hours or
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more) for the purpose of mitigation of hazardous, dangerous or burning materials or
fire watch by representatives of Indian River Fire Rescue District.
(3) A person who is responsible for the expenditure of extraordinary service
or expense shall be required to reimburse the District for said expenses or services.
The fire Marshal shall document the expense and related costs and fees that are
incurred by the District or its agents, for any extraordinary services and expenses
including but not limited to, the actual cost of labor and materials associated with the
use of any special extinguishing or abatement agent, chemical, neutralizer or similar
equipment (or equipment damage) or materials that are employed or acquired, to
extinguish, confine, neutralize or contain any hazardous/dangerous material or
substance that may be involved in a fire, accidental spill, or threatens life, property, or is
anenvironmental threatening event. The total of all services and expenses shall be
submitted to the person responsible for the extraordinary expense or service as a civil
penalty together with a citation pursuant to Part II, Chapter 162 F.S.
S ection 208.14. Penalties.
Any person who shall violate or fail to comply with any of the provisions of this
part shall be subject to punishment as provided by law for a county ordinance. The
board of county commissioners may enforce the provisions of this article by seeking
injunctive relief or any other remedies provided by law.
PART III: AMENDMENT OF OPEN BURNING/AIR CURTAIN INCINERATOR
REGULATIONS OF CHAPTER 925 OF THE CODE OF INDIAN RIVER COUNTY,
FLORIDA.
CHAPTER 925. OPEN BURNING/AIR CURTAIN INCINERATOR
REGULATIONS
S ection 925.03. Exemptions.
The following activities are exempt from the provisions of this chapter:
(1) — (4) No change.
(5) Open burning activities to reduce yard trash and household paper products
generated on occupied residential premises of not more than two-family dwelling
units, subject to setbacks, time frames, and other conditions and restrictions as
set forth in Chapter 62-256 17 256, Florida Administrative Code, as may be
amended, and as administered by the State Division of Forestry (DOF).
S ection 925.04. Open burning prohibited; air curtain incinerator permit
requirements.
Except as exempt in section 925.03, it shall be unlawful to burn or allow the open
burning of materials discarded incidental to land clearing or construction activities,
provided, however, that nothing in this chapter prohibits burning in an approved type of
air curtain incinerator meeting specifications of Chapter 62-256 17 256, Florida
Administrative Code, upon issuance of and in compliance with a permit to use an air
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curtain incinerator obtained from the Indian River County Department of Emergency
Services (Fire Division). The Indian River County Department of Emergency Services
(Fire Division) shall issue a permit to use an air curtain incinerator upon finding that all
requirements of this chapter, and other applicable laws, and rules have been met. It
shall be a violation of this chapter to conduct open burning without a permit or to
conduct burning contrary to the limits of an issued permit. A permit to use an air curtain
incinerator may be applied for on forms provided by the Indian River County
Department of Emergency Services (Fire Division). Any permit to use an air curtain
incinerator shall contain the following conditions:
(1)-(4) No Change
(5) Except for sanitary landfills which are permitted and approved in
accordance with Chapter 403, Florida Statutes, and Chapter 62-701 -1-7-
701, Florida Administrative Code, the disposal, discharge, deposit,
injection, dumping or placing of land clearing debris, or any solid waste
into or upon any land or water including groundwater is prohibited. The
method of disposal for "clean debris" as defined in Chapter 62-701.200
17 701.20 Florida Administrative Code, shall be approved by the Indian
River County Public Health Department.
(6) (a) Except for transportation to sanitary landfills which are permitted
and approved in accordance with Chapter 403, Florida Statutes, and
Chapter 62-701 17 701, Florida Administrative Code, or debris
transported to other disposal or recycling facilities approved by the county
as burn, recycling, or disposal sites, and except as allowed under section
925.04 (6)(b) and (c), below, it is unlawful to transport land clearing debris
from one parcel to another parcel.
Section 925.05. Permit application fees.
The Indian River County Department of Emergency Services (Fire Division) may
establish a permit application fee schedule and charge fees for the submittal of
applications and inspection of burn sites for use of an air curtain incinerator. Such fee
schedule shall be subject to approval of the board of county commissioners; fees
collected shall be used to defray costs incurred by the Indian River County Department
of Emergency Services (Fire Division) in administering this chapter.
Section 925.06. Adoption of state standards not in conflict with this chapter.
Except to the extent that they specifically conflict with this chapter, all laws and
rules of the state relative to burning, including but not limited to Chapter 62-256 17 256,
Florida Administrative Code as may be amended, are hereby adopted by reference.
Section 925.07. Additional setbacks and restrictions on use of air curtain
incinerators.
(1) In addition to the requirements for the use of air curtain incinerators
contained in Chapter 62-256 17 256, Florida Administrative Code and other provisions
contained or adopted by reference herein, in no case shall air curtain incinerators be
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set back less than five hundred (500) feet from any occupied structure, unless the
o ccupant of an occupied structure located within five hundred (500) feet of a proposed
air curtain incinerator location acknowledges in writing to the county that he or she has
n o objection to the operation of an air curtain incinerator closer than five hundred (500)
feet to the structure that he or she occupies. Said acknowledgement shall be in a form
acceptable to the Indian River County Department of Emergency Services (Fire
D ivision).
(2) In addition to the requirements contained in Chapter 62-256 17 256, Florida
Administrative Code, and other laws and rules adopted by reference herein, the use of
air curtain incinerators shall be restricted to weekdays, that is Monday, Tuesday,
Wednesday, Thursday, and Friday. No air curtain incinerator shall be used on a
S aturday, Sunday or holiday observed by the county.
PART IV: AMENDMENT OF TEMPORARY USES OF CHAPTER 972 OF THE
CODE OF INDIAN RIVER COUNTY, FLORIDA.
CHAPTER 972. TEMPORARY USES
S ection 972.08. Specific uses, standards and requirements.
(1) — (3) No change.
(4) The purpose and intent of allowing certain types of transient merchant
operations is to allow roadside sale of products historically indigenous to Indian River
County (eg. fruits and vegetables, seafood) or products historically available to
celebrate holidays (Christmas trees for Christmas);
New Year's Day). Transient merchant operations may be allowed if the following
requirements and standards are met.
(a) All transient merchant temporary use permits shall clearly define an
expiration date. No permit shall be transferable, and no permit shall be
good for a period of more than six (6) months. Renewal of a permit shall
require reapplication.
(1) Transient merchant classifications. All approvable transient
merchant uses shall be limited to one of the following categories:
Class A: Fruit and vegetable sales. Fruit and vegetable sales are
allowed if items for sale consist of only fresh fruits or fresh vegetables in
either their natural state or prepackaged individual containers when
approved by the county public health authority.
Class B: Seasonal sales such as Christmas tree and fireworks
sales and other similar uses; use in operation no more than forty-five (45)
days during any calendar year on any given site.
Class C: Satellite seafood sales operations that:
Are associated with, owned and operated by a legally
established permanent retail seafood sales operation located in
Indian River County; and
Are operated from a vehicle that is state approved and
licensed for seafood sales, whereby said vehicle is self-contained
in regards to power, refrigeration, running water, and wastewater
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holding; and said vehicle has enclosed or screen -enclosed seafood
display area; and
Are located on property zoned commercial or industrial; and
Are operated only during daylight hours, and are removed
from the site during night-time hours; and
Are approved and inspected by the county public health authority.
A use that does not fall within either [any] of these categories shall
not be considered an allowable transient merchant use.
PART IV GENERAL PROVISIONS
S ECTION ONE: SEVERABILITY
If any clause, section or provision of this Ordinance shall be declared by a court
of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the
same shall be eliminated from this Ordinance and the remaining portion of this
Ordinance shall be in full force and effect and be as valid as if such invalid portion
thereof had not been incorporated therein.
S ECTION TWO: REPEAL OF CONFLICTING ORDINANCES.
The provisions of any other Indian River County ordinance that are inconsistent
or in conflict with the provisions of this Ordinance are repealed to the extent of such
inconsistency or conflict.
S ECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code
of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance
may be renumbered or relettered to accomplish such, and the word "ordinance" may be
changed to "section", "article", or any other appropriate word.
S ECTION FOUR: EFFECTIVE DATE.
A certified copy of this Ordinance shall be filed with the Department of State by
the Clerk to the Board immediately after adoption of this Ordinance, and this Ordinance
shall take effect on July 12, 2004.
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This Ordinance was advertised in the Vero Beach Press Journal on June 11,
2004, for a public hearing to be held on June 22, 2004. During the June 22, 2004,
public hearing, the Commission voted to continue the public hearing until July 6, 2004.
During the July 6, 2004, public hearing, this Ordinance was moved for adoption by
Commissioner Neuberger , and seconded by Commissioner
Lowther , and adopted by the following vote:
Chairman Caroline D Ginn Aye
Vice Chairman Arthur R. Neuberger Aye
Commissioner Fran B. Adams AyP
Commissioner Kenneth R. Macht AyP
Cornu issii ner Thomas S. Lowther Aye
'"R DULY. PASSED AND ADOPTED THIS 6TH DAY OF JULY, 2004.
Attest
borr; Cie
Depu
•Approved r; ;411 'r
«Tha
eph Bird
16nty Administrator
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
Caroline D. Ginn, man
Approved as to form and le
s
illiam K. DeBr
Assistant County Attorney
Effectivg,date: This Ordinance was filed with the Departn)ent of State on the at
day of
2004.
, 2004, and becomes effective on the /a day of
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