HomeMy WebLinkAbout1983-14T a.
ORDINANCE NO. 83-14
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE
FIRE PREVENTION CODE, 1976 EDITION; THE NATIONAL
FIRE PROTECTION ASSOCIATION LIFE SAFETY CODE
PAMPHLET "101", 1981 EDITION; THE NATIONAL FIRE
PROTECTION ASSOCIATION STANDARD FOR THE STORAGE
AND HANDLING OF LIQUIFIED PETROLEUM GASES (NFPA "54"1
1980 EDITION AND "58", 1983 EDITION); STATE FIRE
MARSHAL'S RULES AND REGULATIONS OF FLORIDA; AND THE
STANDARD FIRE CODE, 1982 EDITION.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THE BOARD OF FIRE
COMMISSIONERS OF THE NORTH INDIAN RIVER COUNTY FIRE PROTECTION
DISTRICT, THE WEST INDIAN RIVER COUNTY FIRE PROTECTION MUNICIPAL
SERVICE TAXING UNIT, AND THE BOARD OF FIRE COMMISSIONERS OF THE
SOUTH INDIAN RIVER COUNTY FIRE DISTRICT that;
SECTION 1
Indian River County Ordinance No. 78-14, appearing as
Article IX Section 4-110 - 4-114 of the Code of Laws and
Ordinances of Indian River County, is hereby repealed in its
entirety and the following sections are adopted in its place.
SECTION 2
ADOPTION OF FIRE PREVENTION CODE
Indian River County and the respective Fire Districts in
Indian River County hereby adopt the following codes for the
purpose of prescribing rules and regulations governing conditions
that could cause a potential hazard to fire and property;
A. The Fire Prevention Code, 1976 Edition recommended
by the American Insurance Association, as amended.
B. The National Fire Protection Association, Life
Safety Code, pamphlet "101" 1981 Edition.
C. National Fire Protection Association, Standard for
the Storaae and Handling of Liquified Petroleum Gases (NFPA 115411,
1980 Edition and "58", 1983 Edition).
D. The State Fire Marshal's Rules and Regulations of
Florida, promulgated by the Division of State Fire Marshal.
E. The Standard Fire Code, 1982 Edition with 1983
Amendments thereto, promulgated by the Southern Building Code
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Congress International Inc..
These codes are adopted by reference as if fully set
forth herein. Not less than three (3) copies of each code shall
be filed in the Office of the Clerk of the Circuit Court of Indian
River County for reference.
SECTION 3
INTERPRETATION OF CODES
The codes adopted by this ordinance shall be interpreted
whenever possible to avoid conflicts among the code requirements.
When two (2) codes apply to the same situation, the respective
codes will be construed to be cumulative in their requirements
unless such construction creates a conflict, in which case the
stricter requirement shall apply.
SECTION 4
APPLICABILITY
These codes shall be effective and enforced throughout
Indian River County and shall be applicable within the municipali-
ties except to the extent and until the respective municipalities
adopt differing fire prevention requirements by ordinance.
ENFORCEMENT
A. The codes adopted by this ordinance shall be
enforced by the fire chiefs of the various fire districts in
Indian River County. The fire chief of the district shall control
and supervise all fire prevention activities within the district.
B. Whenever the fire chief shall find any dangerous or
hazardous condition or material, he shall in writing order the
situation to be corrected listing the code provisions that are
violated and indicating what corrective measures are necessary.
Thereafter, the fire chief may utilize the procedures and remedies
available through the Indian River County Code Enforcement Board.
The utilization of the Code Enforcement Board shall supplement all
other enforcement procedures available to the fire chief.
SECTION 6
APPEALS
Any person who is directly affected by any
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interpretation of any provision of these fire prevention codes may
file an appeal of the interpretation of the code to the Indian
River County Building Code Board of Adjustments and Appeals by
filing a notice in writing of such apfeal with the Chairman of the
Board within fifteen (15) days of the rendering of the disputed
decision.
SECTION 7
PENALTIES
Any violation of the provisions of these codes or the
interpretation of the fire chief shall be subject to punishment by
a fine not to exceed FIVE HUNDRED DOLLARS ($500.00), or by impris-
onment in County jail, not to exceed sixty (60) days, or by both
such fine and imprisonment. Each day a violation continues after
the violator has been notified to correct the violation by the
Fire Department shall constitute a separate offense.
SECTION 8
INCORPORATION IN CODE
The provisions of this Ordinance shall be incorporated
into the County Code and the word "ordinance" may be changed to
"section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish
such intentions.
SECTION 9
SEVERABILITY
If any section, part of a sentence, paragraph, phrase
or word of this Ordinance is for any reason held to be unconstitu-
tional, inoperative or void, such holdings shall not affect the
remaining portions of this Ordinance; and it shall be construed to
have been the legislative intent to pass the ordinance without
such unconstitutional, invalid or inoperative part.
EFFECTIVE DATE
The provisions of this ordinance shall become effective
upon receipt from the Florida Secretary of State of official
acknowledgment that this ordinance has been filed with the
Department of State.
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Approved and adopted by the Board of County
Commissioners of Indian River County, Florida on this 6th day of
April, 1983.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVVER /C/O/UNTY -- — 1
By ��!7i�--./GIcCj
RICHARD N. BIRD
Chairman
Acknowledgment by the Department of State of the State of Florida
this 27thI day of June 1983.
Effective Date: Acknowledgment from tthe Department of St tto
received on this 6th day of �ulY , 1983, at Vb':00
A.M.//P.M. and filed in the Office of the Clerk of the Board of
County Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SU."ICI NCY.
�GARY/M. BRAND ENBU , County Attorney
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THAT THIS IS
•_ -::CT COPY OF
:. -.. v:L-r IN THIS
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VV^IC' T, CLERK
LY Q D.C.
DATE