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2023.08.24_TC_Agenda_Special1 TOWN OF HIGHLAND BEACH COMMISSION SPECIAL M EETING AGENDA Thursday, August 24, 2023 AT 1:30 PM LIBRARY COMMUNITY ROOM, 3618 S. OCEAN BLVD., HIGHLAND BEACH, FL Town Commission Natasha Moore Mayor David Stern Vice Mayor Evalyn David Commissioner Donald Peters Commissioner Judith M. Goldberg Commissioner Marshall Labadie Town Manager Lanelda Gaskins Town Clerk Glen J. Torcivia Town Attorney 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF THE AGENDA 5. PRESENTATIONS / PROCLAMATIONS A. None. 6. PUBLIC COMMENTS Public Comments will be limited to five (5) minutes per speaker. 7. ANNOUNCEMENTS Board Vacancies Board of Adjustment and Appeals Two (2) vacancies, all for three-year terms and One (1) vacancy for an unexpired term ending September 21, 2024 Page 1 Town Commission Special Meeting Agenda August 24, 2023 2 Meetings and Events August 30, 2023 11:00 A.M. Natural Resources Preservation Advisory Board Regular Meeting September 04,2025 Town Hall closed in observance of Labor Day September 05, 2023 1:30 P.M. Town Commission Meeting September 05, 2023 5:01 P.M. Town Commission First Public Hearing Budget Meeting Board Action Report None 8. ORDINANCES (Public Comments will be limited to three (3) minutes per speaker per item after Commission initial discussion.) A. Ordinance No. 2023-002 (Second Reading/Public Hearing) An ordinance of the Town of Commission of the Town of Highland Beach, Florida, adopting the current edition of the Florida Fire Prevention Code and providing for local amendments; providing for the repeal of all ordinances in conflict; providing for severability and codification; and providing for an effective date (First Reading was August 1, 2023). 9. CONSENT AGENDA (These are items that the Commission typically does not need to discuss individually, and which are voted on as a group.) Public Comments will be limited to three (3) minutes per speaker per item after Commission initial discussion. A. None. 10. UNFINISHED BUSINESS (Public Comments will be limited to three (3) minutes per speaker per item after Town Commission initial discussion.) A. Fire Rescue Implementation Update B. FY 2023/2024 Budget Update C. Discussion of Remaining Budget Schedule 11. NEW BUSINESS (Public Comments will be limited to three (3) minutes per speaker per item after Town Commission initial discussion.) Page 2 Town Commission Special Meeting Agenda August 24, 2023 3 A. Consideration to approve the Health Insurance and Other Insurance Programs for Town personnel for Fiscal Year 2024. B. Ratification of Collective Bargaining Agreement (CBA) between the Town of Highland Beach and the Florida State Lodge Fraternal Order of Police, Inc. (FOP) Town Staff Agreement October 1, 2023 through September 30, 2026. C. Resolution No. 23-020 A Resolution of the Town Commission of the Town of Highland Beach, Florida, adopting a merit increase policy for non-union employees and amending the Town of Highland Beach salary table; and providing an effective date. D. Town Manger Review 12. TOWN COMMISSION COMMENTS Commissioner Judith M. Goldberg Commissioner Donald Peters Commissioner Evalyn David Vice Mayor David Stern Mayor Natasha Moore 13. TOWN ATTORNEY’S REPORT 14. TOWN MANAGER’S REPORT 15. ADJOURNMENT NOTE: Any person, firm or corporation decides to appeal any decision made by the Town Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record including testimony and evidence upon which the appeal is to be based. (State Law requires the above Notice. Any person desiring a verbatim transcript shall have the responsibility, at his/her own cost, to arrange for the transcript.) The Town neither provides nor prepares such record. In accordance with the Americans with Disabilities Act, persons who need accommodation in order to attend or participate in this meeting should contact Town Hall 561 -278-4548 within a reasonable time prior to this meeting in order to request such assistance. Page 3 File Attachments for Item: A. Ordinance No. 2023-002 (Second Reading/Public Hearing) An ordinance of the Town of Commission of the Town of Highland Beach, Florida, adopting the current edition of the Florida Fire Prevention Code and providing for local amendments; providing for the repeal of all ordinances in conflict; providing for severability and codification; and providing for an effective date (First Reading was August 1, 2023). Page 4 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE August 1, 2023 SUBMITTED BY: Lanelda Gaskins, Town Clerk’s Office SUBJECT: Ordinance No. 2023-002 (Second Reading/Public Hearing) An ordinance of the Town of Commission of the Town of Highland Beach, Florida, adopting the current edition of the Florida Fire Prevention Code and providing for local amendments; providing for the repeal of all ordinances in conflict; providing for severability and codification; and providing for an effective date (First Reading was August 1, 2023). SUMMARY: On August 1, 2023, the Town Commission discussed and approved the Proposed Ordinance adopting the current edition of the Florida Fire Prevention Code and providing for local amendments on first reading. On July 18th, 2023, the Town Commission considered an introduction to a proposed amendment to the Town Code of Ordinances that would update the local fire prevention ordinance. It was explained that pursuant to Chapter 633, Florida Statutes, every three years the State Fire Marshal adopts an updated Florida Fire Prevention Code, which establishes the statewide minimum fire safety code and incorporates Florida editions of the National Fire Protection Association’s Fire Code (NFPA 1 Fire Code) and Life Safety Code (NFPA 101 Life Safety Code). Ordinance No. 2023-002 was advertised in accordance with Florida Statutes on August 5, 2023. Therefore Ordinance No. 2023-002 is before Town Commission for adoption on second/final reading. FISCAL IMPACT: N/A ATTACHMENTS: Page 5 Ordinance No. 2023-002 and Legal Advertisement Affidavit August 1st Memorandum and Proposed Ordinance July 18th Agenda Memorandum and Introduction of the Proposed Ordinance RECOMMENDATION: Adopt Ordinance No. 2023-002 on second/final reading. Page 6 TOWN OF HIGHLAND BEACH ORDINANCE No. 2023-002 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REPEALING CHAPTER 9, “FIRE PREVENTION AND PROTECTION,” OF THE TOWN CODE OF ORDINANCES IN ITS ENTIRETY AND SIMULTANEOUSLY ADOPTING A NEW CHAPTER 9 TO REFERENCE THE CURRENT EDITION OF THE FLORIDA FIRE PREVENTION CODE AND ADOPT LOCAL AMENDMENTS THERETO; REPEALING SECTION 35-11, “FLORIDA FIRE PREVENTION CODE,” OF THE TOWN CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Highland Beach, Florida (the “Town”), is a duly constituted municipality having such power and authority conferred upon it by the Florida Constitution and Chapter 166, Florida Statutes; and WHEREAS, the Town is in the process of establishing a Fire Rescue Department responsible for overseeing and enforcing the Florida Fire Prevention Code within the Town; and WHEREAS, pursuant to Chapter 633, Florida Statutes, every three years the State Fire Marshall adopts an updated Florida Fire Prevention Code, which establishes the statewide minimum fire safety code and incorporates Florida editions of the National Fire Protection Association’s Fire Code (NFPA 1 Fire Code) and Life Safety Code (NFPA 101 Life Safety Code); and WHEREAS, Chapter 633, Florida Statutes, provides that the updated Florida Fire Prevention Code adopted by the State Fire Marshall shall be deemed adopted by, and shall be enforced by, local governments with fire safety responsibilities as the minimum fire safety code; and WHEREAS, Chapter 633, Florida Statutes authorizes local governments to adopt more stringent local amendments to the Florida Fire Prevention Code which strengthen the requirements of the minimum fire safety code; and WHEREAS, Town Staff and the Town’s Fire Marshal have recommended that the Town adopt the most recent version of the Florida Fire Prevention Code and local amendments to the Code, and the Town Commission determines that such local amendments are more stringent than and strengthen the minimum fire safety code and that the adoption of such amendments serves a public purpose and is in the best interest of the public health, safety, and welfare of the Town of Highland Beach. Page 7 Ordinance No. 2023-002 Page 2 of 32 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing facts and recitations contained in the preamble to this Ordinance are hereby adopted and incorporated by reference as if fully set forth herein. Section 2. The Town Commission hereby repeals Chapter 9, “Fire Prevention and Protection,” of the Town Code of Ordinances in its entirety and simultaneously adopts a new Chapter 9 to read as follows: ARTICLE I. CODES AND STANDARDS Sec. 9-1. Codes and Standards—Adopted. (1) The town adopts by reference and incorporates into this code as though fully set out herein, that certain code known as the Florida Fire Prevention Code (8th edition) (“FFPC”), except as provided in this chapter. (2) The town adopts by reference and incorporates into this code, as though fully set out herein, those additional specific standards and codes published by the National Fire Protection Agency (“NFPA”) and set forth below: NFPA 18 2017 Standard for Wetting Agents NFPA 22 2018 Standard for Water Tanks for Private Fire Protection NFPA 53 2016 Recommended Practice on Materials, Equipment, and Systems Used in Oxygen-Enriched Atmospheres NFPA 67 2019 Guide on Explosive Protection for Gaseous Mixtures in Pipe Systems NFPA 69 2019 Standard on Explosion Protection Systems NFPA 102 2016 Standard for Grandstands, Folding and Telescopic Seating, Tents, and Membrane Structures NFPA 105 2019 Standard for Smoke Control Door Assemblies and Other Opening Protectives NFPA 115 2020 Standard for Laser Fire Protection NFPA 140 2018 Standard for Motion Picture and TV Production Facilities NFPA 160 2016 Standard for the Use of Flame Effects Before an Audience NFPA 170 2018 Standard for Fire Safety and Emergency Symbols NFPA 204 2018 Standard for Smoke and Heat Venting Page 8 Ordinance No. 2023-002 Page 3 of 32 NFPA 241 2019 Standard for Safeguarding Construction, Alteration, and Demolition Operations NFPA 287 2017 Standard Test Methods for Flammability of Materials in Clean Rooms NFPA 291 2019 Recommended Practice for Fire Flow Testing and Marking of Hydrants NFPA 302 2020 Fire Protection Standard for Pleasure and Commercial Motor Craft NFPA 306 2019 Standard for Control of Gas Hazards on Vessels NFPA 496 2017 Standard for Purged Pressurized Enclosures for Electrical Equipment NFPA 502 2020 Standard for Road Tunnels, Bridges, and Limited Access Highways NFPA 601 2020 Standard for Security Services in Fire Loss Prevention NFPA 720 2015 Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment NFPA 780 2020 Standard for the Installation of Lightning Protection Systems NFPA 801 2020 Standard for Facilities Handling Radioactive Materials NFPA 820 2020 Standard for Fire Protection and Wastewater Treatment and Collection Facilities NFPA 914 2019 Code for the Protection of Historic Structures NFPA 1225 2022 Standard for Emergency Services Communication NFPA 1961 2020 Standard on Fire Hose NFPA 1962 2018 Standard for Care, Use, Inspection, Service Testing, and Replacement of Fire Hose, Couplings, Nozzles, and Fire Hose Appliances NFPA 2001 2018 Standard on Clean Agent Fire Extinguishing Systems Sec. 9-2. Inspections, Testing, and Maintenance. The town hereby adopts the following local amendments to the FFPC: (1) All systems, equipment, tanks, piping, devices, appliances, controls, or storage facilities over which the code contains regulatory provisions, or which are required by any other law shall always be maintained in a working, compliant condition. (2) All fire sprinklers, standpipe, fire pump, and all other fire suppression systems shall be maintained under a written service contract with service companies licensed by the State of Florida to provide such services. Regular inspection, maintenance, and testing of these required systems shall be completed in accordance with the Page 9 Ordinance No. 2023-002 Page 4 of 32 applicable standards specified under the FFPC, NFPA 1, NFPA 13, 13D, 13R, NFPA 14, NFPA 17, NFPA 17A. NFPA 20, NFPA 24, NFPA 25, NFPA 33, NFPA 90A and 90B, NFPA 91, NFPA 92, NFPA 92A and 92B, NFPA 96, and NFPA 2001, and all state laws and local ordinances. All reports related to fire protection system inspection, testing, and maintenance shall be reported to the fire rescue department, through an internet-based fire inspection reporting system approved by the town. Any report not submitted through the town’s internet reporting system will not be accepted. (3) The service company performing the inspections, maintenance and tests referred to in subsection (2) above shall forward all reports to the fire rescue department detailing: (a) The nature of any deficiencies and/or impairments identified and the repairs, modifications and/or corrections completed by the service company; (b) The date and time of all inspections, maintenance, tests, and repairs; and (c) Any other information that may be requested or required by the town’s fire rescue services department. (4) A copy of all required inspection and deficiency reports shall be provided to the building representative and kept in the fire command room, fire protection closet (if provided), or at a designated location approved by the fire marshal. The reports shall be available at all times to fire rescue personnel. ARTICLE II. HAZARDOUS MATERIALS. Sec. 9-3. Response to discharges of hazardous substances—Response costs. (1) For the purpose of this section, the following words and phrases shall have the meanings given herein: (a) Discharge shall mean any intentional or unintentional action or omission resulting in the releasing, spilling, pumping, pouring, emitting, emptying, or dumping of a hazardous substance upon public or private property located within the corporate limits of the town. (b) Hazardous substances shall mean any substances or materials in a quantity or form which, in the determination of the town, poses an unreasonable and imminent risk to the life, health, safety, or welfare of persons or property within the town, or poses a risk of harm to the environment, and shall include but not be Page 10 Ordinance No. 2023-002 Page 5 of 32 limited to those substances listed in the National Fire Protection Association Guide on Hazardous Materials, the Environmental Protection Agency's list of extremely hazardous substances (40 C.F.R. § 335 Appx. A), or the Florida Substance List promulgated by the Florida Department of Economic Opportunity. (c) Response actions shall mean any activity which is carried out in response to any discharge or potential discharge of a hazardous substance, including: 1. Actions necessary for the cleanup or removal of discharged hazardous substances from the environment; 2. Actions necessary to reduce and/or eliminate the threat of discharge of hazardous substances into the environment; 3. Actions necessary to investigate, monitor, assess, and evaluate the discharge or potential discharge of hazardous substances; 4. Actions necessary for the disposal of removed material; and 5. Actions necessary to prevent, minimize, or mitigate damage to the public health, safety, or welfare or to the environment, which may otherwise result from a discharge or threatened discharge. Response actions also include the provision of security fencing or other means to limit access, the provision of alternative water supplies, temporary evacuation of potential individuals, and restoration of the site to pre-discharge conditions. (d) Response costs shall mean any costs incurred in undertaking response actions. Response costs shall not include costs incurred for actual fire suppression services which are regularly provided by the town or its authorized agents, except where a fire is caused or exacerbated by discharge of hazardous materials. (2) The town is hereby authorized to undertake response actions in the event of discharges or potential discharges of hazardous substances upon or into public or private property or facilities located within the corporate limits of the town. (3) When engaging in a response action caused by the unauthorized discharge or potential discharge of hazardous substances, the town shall keep a detailed record of the response costs. (4) Any person or entity responsible for causing or allowing an unauthorized discharge or potential discharge of hazardous substances that requires response actions by the town or its authorized agents shall reimburse the town for the full cost of all Page 11 Ordinance No. 2023-002 Page 6 of 32 response actions. Reimbursement shall be made within thirty (30) days after receipt of an itemized bill for response costs from the town. (6) Any person or entity responsible for causing or allowing an unauthorized discharge or potential discharge of hazardous substances that results in the town incurring response costs and who fails to reimburse the town for such response costs within the time set forth herein shall be subject to a late fee in the amount of ten percent (10%) of the total amount of the response costs after thirty (30) days. Thereafter, the late fee assessed on the unpaid balance shall be increased by two percent (2%) for each additional thirty (30) day period until the full amount, including any applicable late fee, is paid. (7) The remedy provided for in this section shall be supplemental to and in addition to all other available remedies at law or in equity. ARTICLE III. GENERAL PROVISIONS Sec. 9-4. Burning permit. It shall be unlawful for anyone to set a fire on any lot, street, alley or other public or private place within the corporate limits of the town without first obtaining a permit to do so from the fire rescue department and paying all fees specified in the town’s municipal facilities and services user fee schedule. The application shall be obtained from the department, and it shall be reviewed for approval or rejection by the chief of the department or his/her designee. Approved permits may be revoked by the department at any time if it is deemed by the department, in its sole discretion, that changes in weather or other circumstances render the fire a hazard or dangerous to the public in any manner. Sec. 9-5. Illegal storage. A determination that storage is illegal or in violation of this or other NFPA code(s) shall be at the discretion of the fire chief or his/her designee. Illegal storage, for the purpose of this section, includes any material stored in an electrical room, in front of major electrical panels, fire pump rooms, fire command rooms (other than what is permitted by the Florida Building Code and the FFPC), fire protection closet, and similar areas. Such areas shall be provided with signs indicating “No Storage.” Sec. 9-6. Premises identification. Page 12 Ordinance No. 2023-002 Page 7 of 32 All new and existing buildings shall include signage that identifies the building address. All such signs shall be permanent and shall meet the requirements NFPA 1. All such signage shall be placed on buildings in such a manner that their address numbers are plainly legible and visible from the road or street fronting the property. Sec. 9-7. Unit and Suite Identification. All apartment units, condominium units, and business suites located in buildings, regardless of occupancy type, shall include signage that identifies their number (or any other identifying designation). All such signs shall be permanent and shall meet the requirements NFPA 1. Units shall be distinguished and identified using numbers or letters, or a combination thereof, in sequence. Proposed numbering or lettering schemes shall be subject to review and approval by the fire chief or his/her designee. Identification signs shall be located on the door of the unit, or the wall adjacent to the unit, such that it is visible and legible to approaching fire rescue personnel. Signs located on a fire rated door or fire rated wall shall not compromise the rating of the door or wall and shall not conflict with manufacturers recommendations. Sec. 9-8 Directional/Wayfinding Signs. Approved directional signs shall be provided in corridors and other areas of the building, as required to assist fire rescue service personnel. The location of directional signs shall be at the discretion of the fire chief or his/her designee. Sec. 9-9 thru 9-25 - Reserved. Sec. 9-26. Fire lanes on private property. (1) For the purpose of this chapter, a "fire lane" shall mean a space sufficient in width and length to permit the parking of fire trucks and other firefighting apparatus and located nearest to, or at the best location to permit firefighting operations for, a building or structure. (2) Fire lanes shall be established and maintained on private property where the public has the right to travel by motor vehicle and where the public is permitted by invitation or by license to travel by motor vehicle, to the extent that any such fire lane is necessary for the department to access buildings by fire trucks or other firefighting apparatus, as more specifically provided in FFPC, NFPA 1, Chapter 18. Page 13 Ordinance No. 2023-002 Page 8 of 32 “Private property where the public has the right to travel by motor vehicle and where the public is permitted by invitation or by license to travel by motor vehicle” shall mean all parking lots, shopping plazas, and shopping centers, as well as all commercial, industrial, single family, and multi-family residential areas. (3) After notification by the fire rescue department to establish fire lanes on a particular property, the owner or person in possession and control of the property shall submit a site plan for the fire lanes on the property to the fire department for review and approval of the design and location of the fire lanes. The site plan shall be drawn to scale and shall show all related buildings, driveways, streets, and other information necessary to evaluate the sufficiency of the fire lanes. (4) Approval of fire lanes by the fire rescue department shall constitute authorization for the person owning, or in possession and control of, any such property to install required official signs and necessary pavement markings prohibiting the stopping, standing, or parking of motor vehicles within the fire lanes, and the posting of the fire lanes as tow-away zones. Such signs and necessary pavement marking and striping shall be furnished and installed by the owner or person in possession and control of the property at their own cost. The owner or person in possession and control of the property shall thereafter be responsible for the maintenance of the signs, markings, and striping of the required fire lanes. (5) All fire lane signs required by and installed pursuant to this section shall have red lettering, not less than two inches (2”) or more than three inches (3”) in height, on a white background. Each sign shall be twelve inches (12”) wide by eighteen inches (18”) in height and shall be consistent with the manual on uniform traffic control devices of the state department of transportation and Chapter 18 of NFPA 1, 8th edition). Page 14 Ordinance No. 2023-002 Page 9 of 32 Sec. 9-27. Use of outdoor cooking appliances. (1) This section shall apply to all buildings and structures, except two-family dwellings of one-story design, and single-family dwellings. This section shall not apply to commercial cooking appliances. (2) For the purpose of this section, an outdoor cooking appliance shall mean any portable and non-portable cooking appliance, grill, stove, or smoker, fueled, or powered by electricity, wood, charcoal, liquefied petroleum gas, natural gas, gasoline, kerosene, naphtha, alcohol, or other liquid or gaseous fuel. (3) Outdoor cooking appliances shall be operated a minimum of ten feet (10’) from the exterior of buildings or structures. (4) It shall be unlawful for any person to use or cause to be used any outdoor cooking appliance on any balcony, within any screened enclosure, in any covered parking area, in any corridor or hallway, under any overhang or within any area of any building or structure; notwithstanding the foregoing, a tabletop or countertop electric grill, with a cooking surface that is two hundred (200) square inches or less in size, may be used on a balcony, as long as the balcony is not enclosed or within a screened enclosure. This requirement also applies to one-and two-family dwellings. Sec. 9-28. Closing of private driveways, roadways, and entrances. It shall be unlawful for any person to have or cause to have any driveway, roadway, or entrance barricaded or blocked by obstacles which would interfere with the response of the fire rescue department or other emergency vehicles. If an existing building requires a change of access, the owners shall provide revised life safety plans and obtain a permit from the town. Sec. 9-29. Processes deemed hazardous to life and property. (1) The fire chief or fire marshal may issue an order for the immediate cessation of any activity, operation, or process, when such operation, activity, or process constitutes a severe and immediate hazard to persons or property. (2) No person who, after being served with either a verbal or written order to cease such severe and immediate hazardous activity, operation, or process, shall fail or refuse to comply with such an order. Page 15 Ordinance No. 2023-002 Page 10 of 32 Sec. 9-30. Evacuation of occupied buildings or structures. In accordance with the Florida Fire Prevention Code, NFPA 1, sec. 1.7.16, the fire chief, the fire marshal, a fire inspector, or any department officer may order the immediate evacuation of any occupied building or structure or assembly area when such building, structure or assembly area is deemed hazardous due to a fire hazard, obstruction to exits, overcrowding of the premises, or any other hazard or potential which presents immediate and life-threatening danger to the occupants. The premises, or any portion thereof, may not be reoccupied until it has been examined and deemed free of the hazard or potential hazard that caused the evacuation to be ordered. Sec. 9-31. Fireworks, pyrotechnic special effects, flame effects. (1) The discharge, firing or use of the following fireworks products are prohibited inside buildings, tents, structures, and other enclosed spaces: (a) Firecrackers, rockets, torpedoes, roman candles or other fireworks or substances designed and intended for pyrotechnic display, and of cap guns, starter pistols, canes, cannons, or other appliances (other than a “firearm” as defined in Fla. Stat. § 790.001) using blank cartridges or caps containing chlorate or potash mixture; (b) Pyrotechnic special effects including, but are not limited to, chemical mixtures used in the entertainment industry to produce visible, audible, or thermal effects by combustion, deflagration, or detonation; and (c) Flame effects including, but not limited to, batons, and/or torches fueled by liquid, solid or gaseous fuels, flame projectors which produce heat effects and/or flames, flash powders composed of fuel(s) and oxidizer(s), flares. and similar devices. (2) Except as provided in section 791.08, Florida Statutes, a permit shall be obtained from the town manager or his/her designee, prior to any outdoor use of fireworks, pyrotechnic special effects, flame effects, and/or any other fireworks item identified in section 1 above. The application for a permit shall be on a town form and payment of an application fee shall be required. The town manager or his/her designee may include conditions in the permit, including but not limited to additional inspection fees, to ensure compliance with all applicable requirements herein and state law or to protect the public health, safety, and welfare. (3) The permit applicant shall furnish with its application proof of financial responsibility in the form of liability insurance. Such liability insurance shall have a minimum of $1,000,000.00 coverage for each occurrence and shall provide coverage for all claims Page 16 Ordinance No. 2023-002 Page 11 of 32 for damages to property or personal injuries, including death, arising out of the use of the fireworks. Additionally, the applicant shall provide the town with an endorsement from its insurer that names the town, and its officers and employees, as an additional insured and shall otherwise be in a form acceptable to the town. (4) The outdoor use of fireworks shall be in accordance with NFPA 1123 and NFPA 1124. Sec. 9-32. Public Safety Radio Communication System. In all newly constructed buildings, a minimum radio signal strength for public safety radio signals shall be required within the building. Installation and signal strength shall be the minimum requirements per NFPA 1225 (2022 edition), Chapter 18 (In-Building Emergency Responder Communication Enhancement Systems) or as otherwise specified by the town. In all new and existing buildings, as outlined in Section 633.202(18), Florida Statutes, that cause a reduction of Emergency Responder Communication signals below the acceptable level for reliable communications, a two-way radio enhancement system shall be required. In buildings where phone jacks are required as part of an alarm system, a two-way radio enhancement system shall be installed and maintained by the building owner, in lieu of the phone jacks. Sec. 9-33. Rubbish and linen chutes. New buildings with a chute or chutes for trash, linen, or any other building services requires fire sprinkler protection, and all such chutes shall be provided with a riser for the purposes of complete isolation from the remainder of the building’s fire sprinkler system. The valve to isolate the riser shall be supervised. Sec. 9-34. Liquefied Petroleum Gas Containers. All containers installed for the storage, handling, transportation, and use of liquefied petroleum gas shall comply with the requirements of NFPA 58. (1) Containers shall not be filled prior to rough-in inspection without the prior approval of the fire chief or his/her designee. (2) Underground tanks shall be visually inspected prior to back filling the location of installation. (3) Tanks installed within ten feet (10’) of a public vehicular thoroughfare or designated parking location shall be provided with vehicular barrier protection. Page 17 Ordinance No. 2023-002 Page 12 of 32 (4) Tanks installed under a driveway or designated parking area shall be a non- interchangeable underground tank. (5) Tanks installed under a driveway or designated parking area shall be provided with a shroud that allows the tank to be installed at least eighteen inches (18”) below grade. (6) Tanks installed under a driveway or designated parking area shall be provided with a protective dome or cover, engineered to protect the tank valve assembly, and support the weight of parked or moving vehicles. ARTICLE III. ELEVATORS Sec. 9-35. Dimensions and control of automatic elevators. In all buildings three stories or more in height erected, after November 23, 1993, which are equipped with automatic elevators, all elevators of the structure shall be arranged for emergency use (firefighter's service) by department personnel. At all times, and regardless of circumstances, elevators shall remain operable and available for emergency use by department personnel. The control of all automatic elevators shall meet the requirements as set forth under Chapter 61-5C, “Florida Elevator Safety Code,” Florida Administrative Code. In addition to these requirements, the following specifications shall be met: (1) Emergency auxiliary power required. (a) Emergency auxiliary electrical power shall be provided for all elevators equipped with the key switch service for department personnel. The auxiliary power supply shall be capable of supplying power to the elevators for a period of at least twenty- four (24) hours. The auxiliary power supply shall be approved by the fire rescue department. (b) Emergency auxiliary power shall remain on for the service car in use by firefighters regardless of selection switch devices, which may also be installed to rotate emergency power to other cars in the building. (c) No more than ten (10) seconds shall be required for the auxiliary power to be in full operation and the operation of the emergency power supply shall automatically transfer to the firefighters' service car. (d) A maintenance schedule shall be maintained in the generator equipment room to record all tests and operation of such auxiliary power equipment. At all times, the records shall be posted and available to the fire rescue services department. Page 18 Ordinance No. 2023-002 Page 13 of 32 (e) All auxiliary power equipment and automatic transfer apparatus shall be tested weekly. (f) For all buildings which are designed and constructed having multiple separate towers, each tower shall be treated as though it were a separate building. (2) Key switch operation (firefighter's service). (a) As used in this section, authorized personnel shall mean the fire chief and any fire rescue department officer designated in writing by the fire chief as authorized to possess the standard emergency elevator control key or key to a keykeeper box. (b) A keykeeper box shall be installed adjacent to all firefighter's service elevators. The performance standards of the keykeeper box shall equal or exceed those of the Bommer key-keeper box, type 5620, F2828, or the AF Florence Manufacturing Company KK Series Key Keeper Box. The key keeper box shall be equipped with a lock that can be opened with the Emergency Response Region 7 Key (Yale Key No. R-80833-2006-7). (c) The standard emergency elevator control key shall be issued only to authorized personnel. (d) All buildings constructed following the adoption of this code regardless of the number of stories, shall use the emergency elevator control key for Emergency Response Region 7 (Yale Key No. R-80833-2006-7). (e) Any building having undergone "substantial improvement," as defined in Section 161.54(12), Florida Statutes, must comply with subsection 9-35(2)(b) of this Code. (f) All elevators in the town shall utilize the Emergency Response Region 7 (Yale Key No. R-80833-2006-7) key for the keykeeper box lock. (3) Minimum size and weight capacity. (a) Elevators shall have a platform with dimensions of at least six feet (6’) deep by five feet (5’), five inches (5”) wide. (b) Elevators shall have minimum headroom inside the car of at least seven feet (7’), six inches(6”). (c) Doors to elevators shall be at least six feet (6’), eight inches (8’) high by three feet (3’) wide. (d) Elevators shall have a weight capacity of at least 3,500 pounds. (4) Emergency access keys. Page 19 Ordinance No. 2023-002 Page 14 of 32 (a) A standard emergency access door key shall be provided to the department for all elevators. (b) An emergency key slot shall be located on each door on every floor or landing on which each elevator can stop. (5) A sign shall be posted directly above each elevator door on every floor, stating: "In Case of Fire: Use Exit Stairways—Do Not Use This Elevator." (a) The sign shall be at least two and one-half (2½) inches high by three and one-half (3½) inches wide. (b) The letters shall be of a color that contrasts with background. (6) Emergency use elevator to be identified. (a) Any elevator provided with the fire rescue department key switch and emergency power shall be identified by a sign of at least three inches (3”) wide by two inches (2”) high displaying at least three-quarter (3/4) inch letters with the following information: "Fire Rescue Services Department Emergency Power." (b) The background of the sign shall be red with white letters. (c) The sign shall be posted in the center of the door frame directly above the door opening on the floor where the key switch is located. ARTICLE IV. PERMITS Sec. 9-36. Examination of building permits. (1) This section shall not apply to single-family or duplex residential units, except where the installation of fire suppression systems, fire alarm systems, or liquified petroleum fuel tanks, are proposed, or are required by this code, the Florida Building Code or the FFPC. (2) Any plans and/or specification submitted as part of an application for any building permit for new construction, demolition, moving of existing buildings, or renovation of existing structures shall comply with Section 1.14 of the Florida Fire Prevention Code, 8th Edition, and Subtitle 61-G15 of the Florida Administrative Code, as applicable, and examined and approved by the fire rescue department. Each set of plans and specifications submitted for approval pursuant to this section must also include all required fire permit applications. (3) The fire rescue department shall provide review comments following rejection of any submitted plans. Page 20 Ordinance No. 2023-002 Page 15 of 32 (4) The owner of any new building or any existing building undergoing a level 2 or level 3 alteration, as defined by the Florida Building Code (“FBC”), or extensive modification or reconstruction pursuant to the FFPC, shall provide floor plan drawings on a media type specified by the fire rescue department for the purpose of pre-fire planning. This shall be required prior to issuance of the temporary certificate of occupancy or certificate of occupancy, as applicable. Sec. 9-37. Permits, fee schedule. The following enumerated installations and activities require a permit from the fire rescue department. The applicable fees, as enumerated in the town municipal facilities and services user fee schedule, shall be paid after the permit application is approved. Main use building permits shall not be approved by the fire rescue services department for the following uses until all necessary fire rescue department installation permits for special systems and/or equipment have been applied for by the appropriate subcontractors and issued by the fire rescue department, or as may be specifically approved by the fire chief or a designee. (1) Motor vehicle painting—Spray booths and bake ovens. (2) Gas and fuel-oil-fired outdoor equipment. (3) Elevators. (4) Liquid petroleum or natural gas storage. (5) Flammable or combustible liquid storage. (6) Flammable or combustible liquid dispensing. (7) Fire alarm systems. (8) Fixed automatic fire protection systems. (9) Automatic fire sprinkler systems. (10) Standpipe systems, independent or part of sprinkler system. (11) Fire pumps. (12) Required emergency generators. (13) Fire hydrant flow test. (14) Hazardous substances storage. (15) Fireworks display (see sec. 9-31). (16) Outdoor burning (see sec. 9-3). (17) BDA Systems – 2-way radio enhancement systems / Bi-Directional Amplification. Page 21 Ordinance No. 2023-002 Page 16 of 32 Sec. 9-37. Work started without a permit. (1) When work for which a permit is required by this chapter is started prior to issuance of a fire rescue department permit, the permit fees herein specified shall be tripled. (2) The payment of such fee shall not relieve any person from fully complying with the requirements of this chapter in the execution of the work, nor from any other penalties prescribed herein. ARTICLE V. FIRE FLOW REQUIREMENTS Sec. 9-38. Fire flow requirements. (1) Intent. The intent of this section is to ensure an adequate water supply for fire suppression by establishing minimum flow rates required to control and extinguish fires that may occur within prescribed occupancy classifications. The requirements of this section shall be applicable to public and private water systems, including individual properties and land development projects. (2) Required fire flow. (a) The "required fire flow" is the rate of flow needed for firefighting purposes to confine a major fire to the buildings within a block or other contiguous grouping. The determination of this flow depends upon the size, construction, occupancy, and exposure of buildings within and surrounding the block or group of buildings, and upon the existence of automatic sprinkler protection. The determination of required fire flow in each case shall be made by the fire chief, or a designee, according to the criteria established by this section and by the Guide for Determination of Required Fire Flow, published by the Insurance Services Office, ISO Edition 06-2014, and as it may from time to time be amended, which are adopted and incorporated herein by reference. (b) The minimum required fire flow in the various zoning district cla ssifications shall be as listed in Table I at the end of this section. Where conditions indicate that consideration must be given to possible simultaneous fires, as determined by the fire chief utilizing the criteria established or adopted herein, an additional 1,000 to 8,000 gallons per minute shall be required. However, the maximum fire flow requirement for any system shall be 12,000 gallons per minute. The required minimum duration for fire flow for private fire protection systems not serviced by the town shall be as listed in Table II at the end of this section. All required fire Page 22 Ordinance No. 2023-002 Page 17 of 32 flow rates shall be in addition to the water flow rates necessary to supply the needs of normal flow demands. (3) Normal flow demands. Flow demands for design systems shall be calculated based on full ultimate development as known or projected. The average daily flow for domestic use shall be calculated pursuant to normal flow demand criteria as detailed in the town utilities services department standards manual. (4) Fire hydrants and fire flow requirements; exemptions and qualifications; interim criteria. (a) All new buildings and all existing buildings being altered to increase the area, height, or occupancy shall have available the required number of fire hydrants as specified in Table III at the end of this section connected to a public water supply which meets the fire flow requirements specified in Tables I and II at the end of this section, except as follows: 1. All duplex and single-family detached homes not requiring water main extensions for domestic purposes. For purposes of this subsection, "water main extension" shall mean the extension of a water supply system by installation and construction of a new water main, six inches (6”) in diameter or larger, as required by the public utility. 2. Additions to existing buildings and accessory buildings not exceeding twenty- five percent (25%) of the square footage of existing structure, but in no event greater than 5,000 square feet. 3. Neighborhood shopping centers with buildings totaling an area of less than 100,000 square feet with no building under one roof of more than 10,000 square feet, with no building exceeding two stories in height, and with at least twenty-five-foot (25’) separations between buildings, shall meet fire flow requirements of at least 1,250 gallons per minute. 4. Individual industrial or commercial buildings or structures not part of a neighborhood shopping center or industrial park, less than 5,000 square feet in area, and with low or ordinary hazard content shall meet a fire flow requirement of at least 750 gallons per minute. (b) If the rate of fire flow required under the terms of this section is not available from the public utility at the time of application for a building permit, and none of the exemptions or qualifications in (a) through (c) above apply, then the following interim criteria shall govern the issuance of building permits: Page 23 Ordinance No. 2023-002 Page 18 of 32 1. Properties classified as having low hazard contents, and not exceeding two (2) stories in height, will be required to provide a minimum of fifty percent (50%) of the flow rate described in Table I for its zoning district at the end of this section. 2. Properties classified as having ordinary hazard contents, and not exceeding two (2) stories in height, will be required to provide a minimum of seventy percent (70%) of the flow rate described in Table I for its zoning district at the end of this section. 3. Properties classified as having low or ordinary hazard contents, and having more than two (2) stories but not exceeding five (5) stories in height, will be required to provide a minimum of seventy-five percent (75%) of the flow rate described in Table I for its zoning district at the end of this section. 4. Properties classified as having high hazard contents will be required to provide one hundred percent (100%) of the flow rate described in Table I for its zoning district at the end of this section. 5. All properties, in excess of five (5) stories in height, will be required to provide one hundred percent (100%) of the flow rate described in Table I for its zoning district. 6. As used herein, "low hazard contents," "ordinary hazard contents" and "high hazard contents" shall be defined as set forth in Florida Fire Prevention Code NFPA 101 section 6-2.2, which section is adopted and incorporated herein by reference. 7. In all cases of new construction where less than the flow rate described in Table I at the end of this section is permitted pursuant to the provisions of (b) above, engineering and construction of new facilities to meet the total fire flow requirements as described in Table I will be provided so that at the time the public utility is capable of providing full fire flow, the properties receiving the flow will be capable of utilizing the full fire flow provided by the utility. 8. In all cases wherein the interim criteria of (b) above are utilized, no less than a 500-gallon-per-minute fire flow shall be permitted for any type of improved property, and all fire flow tests will be calculated with a minimum of twenty (20) psi residual pressure remaining in the water main. (5) Supplemental flow systems. If the minimum fire flow requirements set out in this section cannot be met by the water supply utility, then the applicant for a building Page 24 Ordinance No. 2023-002 Page 19 of 32 permit shall be required to supplement those flows through an on-site, or readily available, system meeting the minimum fire flow requirements of this section and meeting with the approval of the fire rescue services department. (6) Extensions of time; bond. If the required fire flow is not available to allow an applicant to obtain a certificate of occupancy, but it is determined by the fire rescue department that system improvements are in process and are imminent so that the applicant will be able to meet the fire flow requirements, then the fire rescue services department may extend the time to meet the requirements of this section for an initial interim period not to exceed ninety (90) days and may authorize a temporary certificate of occupancy based thereon. In order to meet the fire flow requirements, a bond sufficient to assure completion of the required system improvements shall be posted by the applicant with the town manager. The amount of the bond shall be determined by the fire rescue services department and shall be equivalent to two hundred (200) percent of the cost to complete the fire flow improvements. (7) Fire hydrants and fire hydrant branches. (a) The location, number, and sizes of the fire hydrants, and fire hydrant branches, shall be designated by the fire rescue department in accordance with Table III at the end of this section. (b) Fire hydrants of the approved municipal design and system pattern shall be provided along all primary roadways and fire lanes throughout any proposed project. When such development fronts on one or more existing public street(s), fire hydrants shall be located along the public street(s) as well as throughout the entire project. Spacing shall be measured along the actual route fire apparatus will travel. (c) Unobstructed access to fire hydrants, or on-site private systems, shall be provided and maintained to accommodate firefighting apparatus. (8) Distribution systems. The supply mains shall be of adequate size and have properly arranged connections to the arterial mains, which shall extend throughout the system and have numerous connections to the secondary feeders that supply the minor distribution. (9) Main sizes. Main sizes and system patterns shall be subject to approval of all applicable agencies pursuant to fire and normal flow demand criteria. Design standards shall be in conformance with current editions of the town utilities services department standards manual. Page 25 Ordinance No. 2023-002 Page 20 of 32 (10) Pressure. Sufficient pressures shall be provided within the system to maintain twenty (20) psi residual pressure while providing required fire flows. In those cases where system supply design and hydrant locations are capable of meeting full domestic, commercial and fire flow demands, residual pressures of ten (10) psi will be permitted. (11) Violations. No person shall: (a) Use or operate any fire hydrant or other valve on any fire system that is intended for use by the town for any purpose unless a fire hydrant use permit has been issued by the town to such person and such person complies with the appropriate provisions of Chapter 29 of the Town Code of Ordinances. (b) Remove, tamper with, or otherwise disturb any fire hydrant or firefighting appliance except for the purpose of extinguishing fires, firefighting training, or making necessary repairs, without first obtaining written approval by the fire rescue services department. TABLE I. REQUIRED FIRE FLOWS BY ZONING CLASSIFICATION (Defined in Section 30-62 of the Town Code) Zoning Districts Requirement Group 1: RE (Residential Single-Family Estate Zoning District), RS (Residential Single-Family Zoning District) The system shall deliver not less than 500 gallons per minute at 20 psi residual on the system. Each fire hydrant shall deliver not less than 500 gallons per minute. Group 2: RML (Residential Multiple-Family Low-Density Zoning District) The system shall deliver not less than 1,000 gallons per minute at 20 psi residual on the system. Each fire hydrant shall deliver not less than 750 gallons per minute. Group 3: RMM (Residential Multiple-Family Medium-Density Zoning District) The system shall deliver not less than 1,500 gallons per minute at 20 psi residual on the system. Each fire hydrant shall deliver not less than 750 gallons per minute. Group 4: RMH (Residential Multiple-Family High-Density Zoning District) The system shall deliver not less than 2,000 gallons per minute at 20 psi residual on the Page 26 Ordinance No. 2023-002 Page 21 of 32 Zoning Districts Requirement system. Each fire hydrant shall deliver not less than 750 gallons per minute. Group 5: GSD (Government Service Zoning District) The system shall deliver not less than 2,000 gallons per minute at 20 psi residual on the system. Each fire hydrant shall deliver not less than 1,000 gallons per minute. TABLE II. REQUIRED DURATION FOR FIRE FLOW Required Fire Flow (gallons per minute) Required Duration (hours) 10,000 and greater 10.00 9,500 9 9,000 9 8,500 8 8,000 8 7,500 7 7,000 7 6,500 6 6,000 6 5,500 5 5,000 5 4,500 4 4,000 4 3,500 3 3,000 3 2,500 and less 2 Page 27 Ordinance No. 2023-002 Page 22 of 32 TABLE III. FIRE HYDRANT SPACING Districts Hydrant Spacing (feet) 1.00 Multifamily structures 2 or more stories in height 300.00 2.00 Commercial, industrial, and similar structures regardless of height 300.00 3.00 Areas with multi-laned, divided highways (hydrants shall be provided along both sides of such roads with the location of curb cuts and median cuts considered) 400.00 4.00 Residential districts, single-family and duplex areas with dead-end streets 500.00 5.00 Residential districts, single-family and duplex areas with complete internal circulation 600.00 6.00 Residential districts, cluster developments 1 story in height 400.00 ARTICLE VI. FIRE ALARMS AND AUTOMATIC FIRE EXTINGUISHING SYSTEMS Sec. 9-39. Central station alarm disposition. Alarm disposition between a central station and the fire rescue department may be transmitted via any of the transmission modes approved by NFPA 72. However, the maximum duration between the initiation of an alarm signal at the protected premise to transmission to and receipt of the signal by the fire rescue department shall not exceed ninety (90) seconds. Sec. 9-40. Automatic fire-extinguishing and detection systems. Any automatic or manual fire alarm signal system and automatic fire-extinguishing or automatic fire detection system hereafter installed, in addition to complying with the Florida Fire Prevention Code, the Florida Building Code, and the state fire marshal's rules and regulations, shall be listed by a Nationally Recognized Testing Laboratory (“NRTL”) approved in accordance with the provisions of Section 633.334, Florida Statutes, and shall conform to the following requirements: (1) Any fire alarm system, automatic fire sprinkler system, smoke, ionization or heat detection system, clean agent extinguishing system, automatic fire-extinguishing devices, (except stand-alone automatic extinguishing systems in hoods and ducts), Page 28 Ordinance No. 2023-002 Page 23 of 32 installed in any occupancy, which may be required by applicable provisions of these regulations, shall be so arranged that the normal operation of any required alarm- initiating device or the operation of any automatic fire-extinguishing system shall automatically transmit an alarm to a documented NRTL central station. Listing documentation shall be submitted to the fire rescue department for review and approval. (2) A NRTL central station, in accordance with NFPA 72 (2019) Section 26.3, shall be identified by the NRTL certificated service provider for all newly installed and required fire alarm systems. An existing required fire alarm system, wherein the control panel or alarm components are being replaced, shall be considered a new fire alarm system for the purposes of this section, and such system shall meet the certificating requirements of this code. NRTL listed central station service, in full compliance with NFPA 72 (2019) Section 26.3, shall be maintained at the protected property, so long as the requirement for the fire alarm system exists. (3) All fire alarm signal systems, and automatic extinguishing and detection systems, installed in accordance with this section shall be maintained under a written service contract providing for regular maintenance and testing of the system in acco rdance with the state fire marshal's rules and regulations. When the fire rescue department determines a fire alarm system is out of service in need of repair, or where confirmation is required to verify proper functioning of the system, the fire rescue department shall request the response of a technician as required in NFPA 72 within the timeframes specified therein, without consent from any building representative. Failure to comply with such a request for a technician or runner is a violation of this code. (4) The service company performing the maintenance and tests shall forward a written report to the fire rescue department indicating the nature of any deficiencies, impairments, repairs, modifications, and/or corrections completed by the service company, the date and time of such tests and inspections, and any other information, which may be required by the fire and life safety division. In addition, a copy of the service report shall be maintained in the fire protection closet or fire command room, or on the premises and it shall be subject to inspection by the fire rescue department at any time. (5) In accordance with NFPA 72 (2019), all fire alarm signal systems, automatic extinguishing and/or detection systems shall be provided with an approved Page 29 Ordinance No. 2023-002 Page 24 of 32 annunciator panel. Annunciator panels, either remote or part of the FACP, shall be equipped with an LCD display with a minimum eighty (80)-character capability, designed to indicate the floor number and the section of the building reporting a fire alarm or fire condition. Fire alarm system activation in multi-level/story occupancies/buildings shall indicate an alarm condition on the floor of incident, one floor below the floor of incident, and all levels above the floor of incident. Each alarm- initiating device shall indicate an individual location on such annunciator. The alarm initiating device shall indicate its individual location to the monitoring central station. The annunciator shall respond to either manual or automatic devices, and all devices within the system shall be connected to the annunciator. The location of the annunciator panel shall be designated by the fire rescue department, and it shall be so located as to be immediately available to the fire rescue department at all times. Fire alarm systems installed solely for the purpose of monitoring a fire sprinkler system shall be allowed upon the approval of the fire chief or his/her designee. In a complex with multiple buildings, each building shall have its own transmitter for alarm signal disposition to the central station. (6) Carbon monoxide detection systems shall be required in buildings as provided in NFPA 1, NFPA 101, and NFPA 72. Carbon monoxide levels shall be monitored in new parking structures in addition to the requirements of NFPA 88A. In addition to established requirements, carbon monoxide detection systems shall, upon the detection of carbon monoxide levels above 99 ppm, send a supervisory signal to the buildings fire alarm system panel, and any area attended to by security or staff. Detection of carbon monoxide levels exceeding 199 ppm shall activate a fire alarm signal to notify all occupants of the building and send a signal to central station. Existing parking structures will be required to comply with this section upon completion of a level 2 or level 3 alteration as defined in the Florida Building Code. (7) All fire alarm signal and detection systems shall be provided with a secondary source of power always available for use in the event of failure of the primary power supply to insure continuous operation of the system, pursuant to the requirements of NFPA 72 Section 10.6 (2019). (8) Pre-signal fire alarm systems shall not be permitted. (9) A change in service provider or a transmitter requires a permit and verification by the fire department that the alarm system is reporting the appropriate signals to the central station as required by code. Page 30 Ordinance No. 2023-002 Page 25 of 32 (10) Communications methods shall comply with the requirements of NFPA 72 (2019 ed.), Chapter 26, and shall be approved by the fire chief or designee. Sec. 9-41. Alarm registration. All required fire alarm systems must comply with the requirements of Chapter 9 of the Town Code. All fields on the alarm registration form shall be filled out in their entirety, and a copy of the form shall be posted adjacent to the fire alarm panel. Sec. 9-42. Fire alarm installation permits. (1) The fire rescue department shall issue a fire alarm installation permit after receiving and approving a completed fire alarm application, plans, and required supporting documentation, and only after it is determined the fire alarm system meets the criteria of this section. The reason underlying a permit denial shall be documented on the town permitting system and be provided to the applicant. (2) The fire alarm system shall be installed in compliance with the Fire Alarm/Central Station Applicable Regulations and Official Policies Guidelines of the fire rescue department. Sec. 9-43. - Fire alarm system certification requirements. (1) The applicant for a required fire alarm installation permit shall submit to fire rescue services department for review, along with the permit application, documentation listing the NRTL central station for the alarm system and provide documentation of NRTL certification at time of acceptance testing of the fire alarm system or added components. (2) The applicant must demonstrate that the fire alarm monitoring will be performed by a NRTL certified/listed central station. (3) All required NRTL certificated/listed fire alarm systems must maintain NRTL compliance and NRTL monitoring. Sec. 9-44. False alarms. False alarms are defined, and fees, therefore, are as provided for in Chapter 9 of the Town Code. Page 31 Ordinance No. 2023-002 Page 26 of 32 Sec. 9-45. Limitation of liability. Neither the town nor any of its officers and agents shall be under any obligation or duty to an alarm user or to any other person. The town specifically disclaims liability for any damages, injuries, or losses caused by or resulting from a failure to respond to an alarm. ARTICLE VII. FIRE PROTECTION SYSTEMS Sec. 9-46. Applicability. Chapter 9, Fire Protection Systems, of the Florida Building Code is supplemented as follows: (1) The requirements of this article shall apply to all newly constructed buildings, structures, and installations. (2) The requirements of this article shall also apply to any existing building or structure if a level 2 or level 3 alteration occurs, as defined in the Florida Building Code. Sec. 9-47. Definitions. For the purpose of this article, the following words, terms, and phrases shall have the meanings given in this section, unless the context clearly indicates otherwise: Approved double check valve assembly is an assembly of two (2) independently operating check valves with Outside Stem and Yoke (“O.S. & Y”) valves on each side of the check valves, plus properly located test cocks for the testing of each check valve. The assembly shall be listed in the "UL Fire Protection Equipment Directory" under "Backflow Special Check Valve Devices (BAEU)." The O.S. & Y valves shall be listed in the "UL Fire Protection Equipment Directory" under "Gate Valve (HMRZ)." The assembly shall be installed in the horizontal position, outside, above ground and shall be readily accessible for maintenance, testing and inspection. The O.S. & Y valves shall be supervised with properly installed tamper switches connected to the fire alarm system. The O.S. & Y valves shall also be secured with a chain and two interlocked padlocks, one of which shall be a Master lock, issued by the fire department, painted red, for fire rescue department access. Fire Rescue Services department connections shall not be directly attached to the assembly. Approved dual check valve assembly is a listed assembly of two (2) independently operating check valves. For fire main use a single O.S. & Y valve shall be installed on the supply side of the approved dual check valve. The O.S. & Y valve shall serve as the main Page 32 Ordinance No. 2023-002 Page 27 of 32 control valve for the fire protection system. The assembly shall be installed in the horizontal position, outside, above ground, and shall be readily accessible for maintenance and inspection. The O.S. & Y valve shall be secured with a chain and a Master lock, issued by the fire department. Fire main is that pipe, and its appurtenances, on private property between a source of water and the base of the riser for the automatic fire sprinkler systems, open fire sprinkler systems, fixed water spray systems, fire standpipe systems and/or inlets to firefighting foam making systems. When connected to the public water system, the fire main begins at the supply side of the approved double check valve assembly or the approved dual check valve assembly. On NFPA 13D systems, the fire main begins at the point where the water supply line for the fire sprinkler system splits from the domestic water service. Sec. 9-48. Backflow prevention for fire protection systems. An approved DDCV assembly shall be installed on all fire mains serving all structures, except single-family homes and duplexes, as provided in NFPA 13, NFPA 13R and NFPA 13D. An approved dual check valve assembly shall be installed on all fire mains serving one- and two-family dwellings (NFPA 13D). Previously approved post indicator valves (“PIV”) shall be kept locked with a #2396 key Master lock. Previously approved PIV’s shall be changed to double detector check valve (“DDCV”) assemblies meeting the requirements of this section when they are determined to be out of service and in need of replacement. Sec. 9-49. Fire mains. Fire main taps connected to the public water system shall be sized for, and serve, only the building for which they were installed. Fire main taps shall not be shared with other buildings. Fire mains shall be constructed of class 52 ductile iron pipe (DIP) or other pipe UL listed for underground fire main use, as approved by the fire rescue department. Fire main taps may be shared only where a single fire pump is shared in accordance with section 9-50. Fire mains shall only enter a building above ground and through an exterior wall. Fire mains shall not run under foundations or footers. In high-rise buildings (as defined in the Florida Fire Prevention Code and the Florida Building Code), fire main configurations shall be in accordance with the Florida Building Code, Chapter 4. Any alternative fire main configurations shall be subject to the approval of the fire chief or designee at the time of initial permit application. Page 33 Ordinance No. 2023-002 Page 28 of 32 Sec. 9-50. Fire pumps. Fire pumps installed in buildings to meet requirements for standpipes or hydraulic demand of the fire sprinkler system shall be provided with a secondary source of power (emergency generator) if such system is provided. Fire pumps shall serve only the building or structure for which they were installed and shall not be shared with other buildings or structures, except that a single fire pump may be shared between a building and up to two (2) parking structures if all the following are provided: (a) All buildings and structures are under the same ownership. (b) A "unity of title" for the buildings and structures is provided before the installation permit is issued. (c) The fire mains serving each building/structure are installed underground in accordance with NFPA 24, and this article. Sec. 9-51. Fire protection system closet. (1) A fire protection system closet shall be provided for all buildings and structures equipped with a fire alarm or fire sprinkler protection. (a) The closet shall house the fire sprinkler system riser, all appropriate control valves, all appropriate flow and tamper switches, the fire alarm system control panel, annunciator panel, annunciator map/legend and the transmitter/control unit. As provided in the FFPC and NFPA 72, portions of the fire alarm system may be located elsewhere in the building subject to approval by the fire rescue department. (b) The annual fire alarm registration and copies of the most recent fire alarm, and fire sprinkler, inspection reports shall be posted in the closet. (c) The closet shall not be used for storage and shall not be used for any other electrical, plumbing, or mechanical equipment. (d) The minimum size of the closet shall be two feet (2’) deep by four feet (4’) wide, which shall be increased to accommodate the provided equipment. (e) The closet shall be separated from all other portions of the building with one (1)- hour fire resistive construction as a minimum. The closet shall be located along an outside wall near the fire primary fire department access, at grade, with access from an outside swinging door, which need not be fire rated. Page 34 Ordinance No. 2023-002 Page 29 of 32 (f) The door shall be labeled with a sign that reads "Fire Protection Closet." The closet shall be kept locked at all times. A key box approved by the fire and life safety division shall be installed on the outside wall, within three feet (3’) of the closet. The key box shall be installed forty-two inches (42") to forty-eight inches (48") above grade. The key box shall be sized appropriately such that the keys, access cards, fobs, and other contents fit inside in a manner that is practical for fire rescue department personnel to open and close with ease. The key box shall contain a key to access the closet, all the keys necessary to control the fire alarm system, and keys to access the building and other important areas, including but not limited to, electrical rooms, fire pump rooms, elevator machine rooms, roof access, hazardous materials storage areas, etc. The property owner may provide additional keys for access to other areas of the building as appropriate. (g) A weatherproof horn/strobe or speaker/strobe shall be installed directly above the key box at a height easily seen upon approach to the area. (h) The closet shall be designed and constructed so as to provide and maintain an air-conditioned temperature of no greater than eighty (80) degrees Fahrenheit. (2) Fire protection system closets are not required in high rise buildings and other buildings where a fire pump room and a fire control room are required or provided. Fire protection system closets are not required for fire sprinkler systems provided in single family homes and duplexes. Sec. 9-52. - Fire rescue services department connections (FDC). (1) A single 2½-inch freestanding fire rescue department connection located within fifty (50) feet of a fire hydrant shall be provided on all NFPA 13R fire sprinkler systems with twenty (20) or more fire sprinkler heads. (2) A double (Siamese) 2½-inch freestanding fire rescue department connection located within fifty (50) feet of fire hydrant shall be provided on all NFPA 13 fire sprinkler systems with twenty (20) or more fire sprinkler heads. (3) Two double (Siamese) 2½-inch freestanding fire rescue department connections, each located within fifty (50) feet of a fire hydrant shall be provided on all the following fire sprinkler systems: (a) Light hazard and ordinary hazard NFPA 13 fire sprinkler systems with four hundred (400) or more fire sprinkler heads. Page 35 Ordinance No. 2023-002 Page 30 of 32 (b) Extra hazard NFPA 13 fire sprinkler systems with two hundred (200) or more fire sprinkler heads. (c) On special fire protection systems or situations as designated by the fire chief or designee. (4) Multiple fire rescue services connections shall be installed in locations as remote as possible from each other, as approved by the fire chief or designee. Sec. 9-53. Hose connections as a part of fire sprinkler systems. (1) Approved 2½-inch fire department hose connections, in accordance with NFPA 13 sec. 8.16.5.2, shall be installed in buildings and structures as follows: (a) All one (1)-story buildings with a floor area of 52,000 square feet or more. (b) All two (2)-story buildings with a combined floor area of 52,000 square feet or more. (c) All three (3)-story buildings with a combined floor area of 52,000 square feet or more. (2) Hose connections shall be fed from an adjoining sprinkler zone on the same floor or from a sprinkler zone on a different floor. Hose connections may be fed directly from the riser ahead of a zone valve. All hose connections, including those that are part of a standpipe system, shall be installed at locations approved by the fire chief or designee, such that all areas of the building can be reached with one hundred feet (100’) of hose and twenty-five feet (25’) of fire stream throw. Hose connections shall be equipped with caps to protect hose threads. (3) Class I standpipe systems shall be provided with 2½" hose connections in the following locations: (a) On the inside of the stairwell at each landing. (b) On the outside of the stairwell at each landing. (c) On each side of the wall adjacent to the opening of horizontal exits. (d) On the roof, near the point where the stairwell terminates. This shall be a double 2½" hose connection. It shall be provided with a UL or FM listed gauge. (e) At other locations required by the fire chief or a designee. (4) All standpipe systems permitted and installed shall be a manual wet system, or automatic wet system, based on occupancy code requirements, as defined by the FBC or NFPA 14, Standard for the Installation of Standpipe and Hose Systems. Page 36 Ordinance No. 2023-002 Page 31 of 32 Sec. 9-54. Automatic Wet Fire Sprinklers. (1) All new buildings or structures, including one- and two-family dwellings, 7,500 square feet and larger shall be provided with a wet automatic fire sprinkler system in accordance with the requirements in NFPA 13, 13R, or 13D. (2) All new buildings or structures, including one- and two-family dwellings, three (3) or more occupiable stories in height shall be provided with a wet automatic fire sprinkler system in accordance with the requirements in NFPA 13, 13R, or 13D). ARTICLE VIII. ENFORCEMENT Sec. 9-55. Enforcement authority. The fire chief or his/her designee shall have the authority to conduct investigations and to do all other things necessary to enforce the provisions in this chapter. Sec. 9-56. Violations. Failure to comply with any provisions of this chapter shall be deemed a violation. Sec. 9-57. Penalty for violations. Any person or entity violating the provisions of this chapter shall be punishable as provided in the Florida Fire Prevention Code, and as otherwise authorized by the town code, including, but not limited to, section 1-9 and through the initiation of code enforcement proceedings. Section 3. The Town Commission hereby repeals Section 35-11, “Florida Fire Prevention Code,” in its entirety. Section 4. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause, or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6. Codification. Section 2 of the Ordinance shall be made a part of the Town Code of Ordinance and may be re-numbered or re-lettered to accomplish such. Page 37 Ordinance No. 2023-002 Page 32 of 32 Section 7. Effective Date. This Ordinance shall be effective immediately upon adoption at second reading and shall apply prospectively only. The foregoing Ordinance was moved by __________________________________, seconded by ________________________________ and upon being put to the vote, the vote was as follows: VOTES: YES NO Mayor Natasha Moore X Vice Mayor David Stern X Commissioner Evalyn David X Commissioner Donald Peters X Commissioner Judith M. Goldberg X PASSED on first reading at the Regular Commission meeting held on this 1st day of August, 2023. The foregoing Ordinance was moved by Commissioner Evalyn David, seconded by Vice Mayor David Stern and upon being put to the vote, the vote was as follows: VOTES: YES NO Mayor Natasha Moore Vice Mayor David Stern Commissioner Evalyn David Commissioner Donald Peters Commissioner Judith M. Goldberg PASSED AND ADOPTED on second and final reading at the Regular Commission meeting held on this _____ day of _________________, 2023. ATTEST: Natasha Moore, Mayor REVIEWED FOR LEGAL SUFFICIENCY Lanelda Gaskins, MMC Town Clerk Glen Torcivia, Town Attorney Town of Highland Beach Page 38 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE August 1, 2023 SUBMITTED BY: Matt Welhaf, Assistant Fire Chief SUBJECT: An ordinance of the Town of Highland Beach, Florida, adopting the current edition of the Florida Fire Prevention Code and providing for local amendments; providing for the repeal of all ordinances in conflict; providing for severability and codification; and providing for an effective date. SUMMARY: On July 18th, 2023, the Town Commission considered an introduction to a proposed amendment to the Town Code of Ordinances that would update the local fire prevention ordinance. It was explained that pursuant to Chapter 633, Florida Statutes, every three years the State Fire Marshal adopts an updated Florida Fire Prevention Code, which establishes the statewide minimum fire safety code and incorporates Florida editions of the National Fire Protection Association’s Fire Code (NFPA 1 Fire Code) and Life Safety Code (NFPA 101 Life Safety Code). Further, it was explained that the Florida Fire Prevention Code adopted by the State Fire Marshal shall be deemed adopted by, and shall be enforced by, local governments with fire safety responsibilities as the minimum fire safety code. Local governments are authorized to adopt more stringent local amendments to the Florida Fire Prevention Code, which strengthen the requirements of the minimum fire safety code. Following the introduction by the Fire Marshal, Town Commission members asked several questions relating to fees, third party inspection reporting, and discussed comparisons to adjacent jurisdictions local ordinance amendments. The ordinance is before the Commission for the first reading. Based upon approval of the first reading, the ordinance will then be advertised in accordance with Florida statutes and presented to the Commission for second read/final adoption on August 15 th, 2023. FISCAL IMPACT: N/A ATTACHMENTS: Page 39 Proposed Ordinance July 18th Agenda Memorandum and Introduction of the Proposed Ordinance RECOMMENDATION: Staff recommend approval of the proposed ordinance. Page 40 Page 1 of 33 TOWN OF HIGHLAND BEACH PROPOSED ORDINANCE AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REPEALING CHAPTER 9, “FIRE PREVENTION AND PROTECTION,” OF THE TOWN CODE OF ORDINANCES IN ITS ENTIRETY AND SIMULTANEOUSLY ADOPTING A NEW CHAPTER 9 TO REFERENCE THE CURRENT EDITION OF THE FLORIDA FIRE PREVENTION CODE AND ADOPT LOCAL AMENDMENTS THERETO; REPEALING SECTION 35-11, “FLORIDA FIRE PREVENTION CODE,” OF THE TOWN CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Highland Beach, Florida (the “Town”), is a duly constituted municipality having such power and authority conferred upon it by the Florida Constitution and Chapter 166, Florida Statutes; and WHEREAS, the Town is in the process of establishing a Fire Rescue Department responsible for overseeing and enforcing the Florida Fire Prevention Code within the Town; and WHEREAS, pursuant to Chapter 633, Florida Statutes, every three years the State Fire Marshall adopts an updated Florida Fire Prevention Code, which establishes the statewide minimum fire safety code and incorporates Florida editions of the National Fire Protection Association’s Fire Code (NFPA 1 Fire Code) and Life Safety Code (NFPA 101 Life Safety Code); and WHEREAS, Chapter 633, Florida Statutes, provides that the updated Florida Fire Prevention Code adopted by the State Fire Marshall shall be deemed adopted by, and shall be enforced by, local governments with fire safety responsibilities as the minimum fire safety code; and WHEREAS, Chapter 633, Florida Statutes authorizes local governments to adopt more stringent local amendments to the Florida Fire Prevention Code which strengthen the requirements of the minimum fire safety code; and WHEREAS, Town Staff and the Town’s Fire Marshal have recommended that the Town adopt the most recent version of the Florida Fire Prevention Code and local amendments to the Code, and the Town Commission determines that such local amendments are more stringent than and strengthen the minimum fire safety code and that the adoption of such amendments serves a public purpose and is in the best interest of the public health, safety, and welfare of the Town of Highland Beach. Page 41 Page 2 of 33 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing facts and recitations contained in the preamble to this Ordinance are hereby adopted and incorporated by reference as if fully set forth herein. Section 2. The Town Commission hereby repeals Chapter 9, “Fire Prevention and Protection,” of the Town Code of Ordinances in its entirety and simultaneously adopts a new Chapter 9 to read as follows: ARTICLE I. CODES AND STANDARDS Sec. 9-1. Codes and Standards—Adopted. (1) The town adopts by reference and incorporates into this code as though fully set out herein, that certain code known as the Florida Fire Prevention Code (8th edition) (“FFPC”), except as provided in this chapter. (2) The town adopts by reference and incorporates into this code, as though fully set out herein, those additional specific standards and codes published by the National Fire Protection Agency (“NFPA”) and set forth below: NFPA 18 2017 Standard for Wetting Agents NFPA 22 2018 Standard for Water Tanks for Private Fire Protection NFPA 53 2016 Recommended Practice on Materials, Equipment, and Systems Used in Oxygen-Enriched Atmospheres NFPA 67 2019 Guide on Explosive Protection for Gaseous Mixtures in Pipe Systems NFPA 69 2019 Standard on Explosion Protection Systems NFPA 102 2016 Standard for Grandstands, Folding and Telescopic Seating, Tents, and Membrane Structures NFPA 105 2019 Standard for Smoke Control Door Assemblies and Other Opening Protectives NFPA 115 2020 Standard for Laser Fire Protection NFPA 140 2018 Standard for Motion Picture and TV Production Facilities NFPA 160 2016 Standard for the Use of Flame Effects Before an Audience NFPA 170 2018 Standard for Fire Safety and Emergency Symbols NFPA 204 2018 Standard for Smoke and Heat Venting Page 42 Page 3 of 33 NFPA 241 2019 Standard for Safeguarding Construction, Alteration, and Demolition Operations NFPA 287 2017 Standard Test Methods for Flammability of Materials in Clean Rooms NFPA 291 2019 Recommended Practice for Fire Flow Testing and Marking of Hydrants NFPA 302 2020 Fire Protection Standard for Pleasure and Commercial Motor Craft NFPA 306 2019 Standard for Control of Gas Hazards on Vessels NFPA 496 2017 Standard for Purged Pressurized Enclosures for Electrical Equipment NFPA 502 2020 Standard for Road Tunnels, Bridges, and Limited Access Highways NFPA 601 2020 Standard for Security Services in Fire Loss Prevention NFPA 720 2015 Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment NFPA 780 2020 Standard for the Installation of Lightning Protection Systems NFPA 801 2020 Standard for Facilities Handling Radioactive Materials NFPA 820 2020 Standard for Fire Protection and Wastewater Treatment and Collection Facilities NFPA 914 2019 Code for the Protection of Historic Structures NFPA 1225 2022 Standard for Emergency Services Communication NFPA 1961 2020 Standard on Fire Hose NFPA 1962 2018 Standard for Care, Use, Inspection, Service Testing, and Replacement of Fire Hose, Couplings, Nozzles, and Fire Hose Appliances NFPA 2001 2018 Standard on Clean Agent Fire Extinguishing Systems Sec. 9-2. Inspections, Testing, and Maintenance. The town hereby adopts the following local amendments to the FFPC: (1) All systems, equipment, tanks, piping, devices, appliances, controls, or storage facilities over which the code contains regulatory provisions, or which are required by any other law shall always be maintained in a working, compliant condition. (2) All fire sprinklers, standpipe, fire pump, and all other fire suppression systems shall be maintained under a written service contract with service companies licensed by the State of Florida to provide such services. Regular inspection, maintenance, and testing of these required systems shall be completed in accordance with the Page 43 Page 4 of 33 applicable standards specified under the FFPC, NFPA 1, NFPA 13, 13D, 13R, NFPA 14, NFPA 17, NFPA 17A. NFPA 20, NFPA 24, NFPA 25, NFPA 33, NFPA 90A and 90B, NFPA 91, NFPA 92, NFPA 92A and 92B, NFPA 96, and NFPA 2001, and all state laws and local ordinances. All reports related to fire protection system inspection, testing, and maintenance shall be reported to the fire rescue department, through an internet-based fire inspection reporting system approved by the town. Any report not submitted through the town’s internet reporting system will not be accepted. (3) The service company performing the inspections, maintenance and tests referred to in subsection (2) above shall forward all reports to the fire rescue department detailing: (a) The nature of any deficiencies and/or impairments identified and the repairs, modifications and/or corrections completed by the service company; (b) The date and time of all inspections, maintenance, tests, and repairs; and (c) Any other information that may be requested or required by the town’s fire rescue services department. (4) A copy of all required inspection and deficiency reports shall be provided to the building representative and kept in the fire command room, fire protection closet (if provided), or at a designated location approved by the fire marshal. The reports shall be available at all times to fire rescue personnel. ARTICLE II. HAZARDOUS MATERIALS. Sec. 9-3. Response to discharges of hazardous substances—Response costs. (1) For the purpose of this section, the following words and phrases shall have the meanings given herein: (a) Discharge shall mean any intentional or unintentional action or omission resulting in the releasing, spilling, pumping, pouring, emitting, emptying, or dumping of a hazardous substance upon public or private property located within the corporate limits of the town. (b) Hazardous substances shall mean any substances or materials in a quantity or form which, in the determination of the town, poses an unreasonable and imminent risk to the life, health, safety, or welfare of persons or property within the town, or poses a risk of harm to the environment, and shall include but not be Page 44 Page 5 of 33 limited to those substances listed in the National Fire Protection Association Guide on Hazardous Materials, the Environmental Protection Agency's list of extremely hazardous substances (40 C.F.R. § 335 Appx. A), or the Florida Substance List promulgated by the Florida Department of Economic Opportunity. (c) Response actions shall mean any activity which is carried out in response to any discharge or potential discharge of a hazardous substance, including: 1. Actions necessary for the cleanup or removal of discharged hazardous substances from the environment; 2. Actions necessary to reduce and/or eliminate the threat of discharge of hazardous substances into the environment; 3. Actions necessary to investigate, monitor, assess, and evaluate the discharge or potential discharge of hazardous substances; 4. Actions necessary for the disposal of removed material; and 5. Actions necessary to prevent, minimize, or mitigate damage to the public health, safety, or welfare or to the environment, which may otherwise result from a discharge or threatened discharge. Response actions also include the provision of security fencing or other means to limit access, the provision of alternative water supplies, temporary evacuation of potential individuals, and restoration of the site to pre-discharge conditions. (d) Response costs shall mean any costs incurred in undertaking response actions. Response costs shall not include costs incurred for actual fire suppression services which are regularly provided by the town or its authorized agents, except where a fire is caused or exacerbated by discharge of hazardous materials. (2) The town is hereby authorized to undertake response actions in the event of discharges or potential discharges of hazardous substances upon or into public or private property or facilities located within the corporate limits of the town. (3) When engaging in a response action caused by the unauthorized discharge or potential discharge of hazardous substances, the town shall keep a detailed record of the response costs. (4) Any person or entity responsible for causing or allowing an unauthorized discharge or potential discharge of hazardous substances that requires response actions by the town or its authorized agents shall reimburse the town for the full cost of all Page 45 Page 6 of 33 response actions. Reimbursement shall be made within thirty (30) days after receipt of an itemized bill for response costs from the town. (6) Any person or entity responsible for causing or allowing an unauthorized discharge or potential discharge of hazardous substances that results in the town incurring response costs and who fails to reimburse the town for such response costs within the time set forth herein shall be subject to a late fee in the amount of ten percent (10%) of the total amount of the response costs after thirty (30) days. Thereafter, the late fee assessed on the unpaid balance shall be increased by two percent (2%) for each additional thirty (30) day period until the full amount, including any applicable late fee, is paid. (7) The remedy provided for in this section shall be supplemental to and in addition to all other available remedies at law or in equity. ARTICLE III. GENERAL PROVISIONS Sec. 9-4. Burning permit. It shall be unlawful for anyone to set a fire on any lot, street, alley or other public or private place within the corporate limits of the town without first obtaining a permit to do so from the fire rescue department and paying all fees specified in the town’s municipal facilities and services user fee schedule. The application shall be obtained from the department, and it shall be reviewed for approval or rejection by the chief of the department or his/her designee. Approved permits may be revoked by the department at any time if it is deemed by the department, in its sole discretion, that changes in weather or other circumstances render the fire a hazard or dangerous to the public in any manner. Sec. 9-5. Illegal storage. A determination that storage is illegal or in violation of this or other NFPA code(s) shall be at the discretion of the fire chief or his/her designee. Illegal storage, for the purpose of this section, includes any material stored in an electrical room, in front of major electrical panels, fire pump rooms, fire command rooms (other than what is permitted by the Florida Building Code and the FFPC), fire protection closet, and similar areas. Such areas shall be provided with signs indicating “No Storage.” Sec. 9-6. Premises identification. Page 46 Page 7 of 33 All new and existing buildings shall include signage that identifies the building address. All such signs shall be permanent and shall meet the requirements NFPA 1. All such signage shall be placed on buildings in such a manner that their address numbers are plainly legible and visible from the road or street fronting the property. Sec. 9-7. Unit and Suite Identification. All apartment units, condominium units, and business suites located in buildings, regardless of occupancy type, shall include signage that identifies their number (or any other identifying designation). All such signs shall be permanent and shall meet the requirements NFPA 1. Units shall be distinguished and identified using numbers or letters, or a combination thereof, in sequence. Proposed numbering or lettering schemes shall be subject to review and approval by the fire chief or his/her designee. Identification signs shall be located on the door of the unit, or the wall adjacent to the unit, such that it is visible and legible to approaching fire rescue personnel. Signs located on a fire rated door or fire rated wall shall not compromise the rating of the door or wall and shall not conflict with manufacturers recommendations. Sec. 9-8 Directional/Wayfinding Signs. Approved directional signs shall be provided in corridors and other areas of the building, as required to assist fire rescue service personnel. The location of directional signs shall be at the discretion of the fire chief or his/her designee. Sec. 9-9 thru 9-25 - Reserved. Sec. 9-26. Fire lanes on private property. (1) For the purpose of this chapter, a "fire lane" shall mean a space sufficient in width and length to permit the parking of fire trucks and other firefighting apparatus and located nearest to, or at the best location to permit firefighting operations for, a building or structure. (2) Fire lanes shall be established and maintained on private property where the public has the right to travel by motor vehicle and where the public is permitted by invitation or by license to travel by motor vehicle, to the extent that any such fire lane is necessary for the department to access buildings by fire trucks or other firefighting apparatus, as more specifically provided in FFPC, NFPA 1, Chapter 18. Page 47 Page 8 of 33 “Private property where the public has the right to travel by motor vehicle and where the public is permitted by invitation or by license to travel by motor vehicle” shall mean all parking lots, shopping plazas, and shopping centers, as well as all commercial, industrial, single family, and multi-family residential areas. (3) After notification by the fire rescue department to establish fire lanes on a particular property, the owner or person in possession and control of the property shall submit a site plan for the fire lanes on the property to the fire department for review and approval of the design and location of the fire lanes. The site plan shall be drawn to scale and shall show all related buildings, driveways, streets, and other information necessary to evaluate the sufficiency of the fire lanes. (4) Approval of fire lanes by the fire rescue department shall constitute authorization for the person owning, or in possession and control of, any such property to install required official signs and necessary pavement markings prohibiting the stopping, standing, or parking of motor vehicles within the fire lanes, and the posting of the fire lanes as tow-away zones. Such signs and necessary pavement marking and striping shall be furnished and installed by the owner or person in possession and control of the property at their own cost. The owner or person in possession and control of the property shall thereafter be responsible for the maintenance of the signs, markings, and striping of the required fire lanes. (5) All fire lane signs required by and installed pursuant to this section shall have red lettering, not less than two inches (2”) or more than three inches (3”) in height, on a white background. Each sign shall be twelve inches (12”) wide by eighteen inches (18”) in height and shall be consistent with the manual on uniform traffic control devices of the state department of transportation and Chapter 18 of NFPA 1, 8th edition). Page 48 Page 9 of 33 Sec. 9-27. Use of outdoor cooking appliances. (1) This section shall apply to all buildings and structures, except two-family dwellings of one-story design, and single-family dwellings. This section shall not apply to commercial cooking appliances. (2) For the purpose of this section, an outdoor cooking appliance shall mean any portable and non-portable cooking appliance, grill, stove, or smoker, fueled, or powered by electricity, wood, charcoal, liquefied petroleum gas, natural gas, gasoline, kerosene, naphtha, alcohol, or other liquid or gaseous fuel. (3) Outdoor cooking appliances shall be operated a minimum of ten feet (10’) from the exterior of buildings or structures. (4) It shall be unlawful for any person to use or cause to be used any outdoor cooking appliance on any balcony, within any screened enclosure, in any covered parking area, in any corridor or hallway, under any overhang or within any area of any building or structure; notwithstanding the foregoing, a tabletop or countertop electric grill, with a cooking surface that is two hundred (200) square inches or less in size, may be used on a balcony, as long as the balcony is not enclosed or within a screened enclosure. This requirement also applies to one-and two-family dwellings. Sec. 9-28. Closing of private driveways, roadways, and entrances. It shall be unlawful for any person to have or cause to have any driveway, roadway, or entrance barricaded or blocked by obstacles which would interfere with the response of the fire rescue department or other emergency vehicles. If an existing building requires a change of access, the owners shall provide revised life safety plans and obtain a permit from the town. Sec. 9-29. Processes deemed hazardous to life and property. (1) The fire chief or fire marshal may issue an order for the immediate cessation of any activity, operation, or process, when such operation, activity, or process constitutes a severe and immediate hazard to persons or property. (2) No person who, after being served with either a verbal or written order to cease such severe and immediate hazardous activity, operation, or process, shall fail or refuse to comply with such an order. Page 49 Page 10 of 33 Sec. 9-30. Evacuation of occupied buildings or structures. In accordance with the Florida Fire Prevention Code, NFPA 1, sec. 1.7.16, the fire chief, the fire marshal, a fire inspector, or any department officer may order the immediate evacuation of any occupied building or structure or assembly area when such building, structure or assembly area is deemed hazardous due to a fire hazard, obstruction to exits, overcrowding of the premises, or any other hazard or potential which presents immediate and life-threatening danger to the occupants. The premises, or any portion thereof, may not be reoccupied until it has been examined and deemed free of the hazard or potential hazard that caused the evacuation to be ordered. Sec. 9-31. Fireworks, pyrotechnic special effects, flame effects. (1) The discharge, firing or use of the following fireworks products are prohibited inside buildings, tents, structures, and other enclosed spaces: (a) Firecrackers, rockets, torpedoes, roman candles or other fireworks or substances designed and intended for pyrotechnic display, and of cap guns, starter pistols, canes, cannons, or other appliances (other than a “firearm” as defined in Fla. Stat. § 790.001) using blank cartridges or caps containing chlorate or potash mixture; (b) Pyrotechnic special effects including, but are not limited to, chemical mixtures used in the entertainment industry to produce visible, audible, or thermal effects by combustion, deflagration, or detonation; and (c) Flame effects including, but not limited to, batons, and/or torches fueled by liquid, solid or gaseous fuels, flame projectors which produce heat effects and/or flames, flash powders composed of fuel(s) and oxidizer(s), flares. and similar devices. (2) Except as provided in section 791.08, Florida Statutes, a permit shall be obtained from the town manager or his/her designee, prior to any outdoor use of fireworks, pyrotechnic special effects, flame effects, and/or any other fireworks item identified in section 1 above. The application for a permit shall be on a town form and payment of an application fee shall be required. The town manager or his/her designee may include conditions in the permit, including but not limited to additional inspection fees, to ensure compliance with all applicable requirements herein and state law or to protect the public health, safety, and welfare. (3) The permit applicant shall furnish with its application proof of financial responsibility in the form of liability insurance. Such liability insurance shall have a minimum of $1,000,000.00 coverage for each occurrence and shall provide coverage for all claims Page 50 Page 11 of 33 for damages to property or personal injuries, including death, arising out of the use of the fireworks. Additionally, the applicant shall provide the town with an endorsement from its insurer that names the town, and its officers and employees, as an additional insured and shall otherwise be in a form acceptable to the town. (4) The outdoor use of fireworks shall be in accordance with NFPA 1123 and NFPA 1124. Sec. 9-32. Public Safety Radio Communication System. In all newly constructed buildings, a minimum radio signal strength for public safety radio signals shall be required within the building. Installation and signal strength shall be the minimum requirements per NFPA 1225 (2022 edition), Chapter 18 (In-Building Emergency Responder Communication Enhancement Systems) or as otherwise specified by the town. In all new and existing buildings, as outlined in Section 633.202(18), Florida Statutes, that cause a reduction of Emergency Responder Communication signals below the acceptable level for reliable communications, a two-way radio enhancement system shall be required. In buildings where phone jacks are required as part of an alarm system, a two-way radio enhancement system shall be installed and maintained by the building owner, in lieu of the phone jacks. Sec. 9-33. Rubbish and linen chutes. New buildings with a chute or chutes for trash, linen, or any other building services requires fire sprinkler protection, and all such chutes shall be provided with a riser for the purposes of complete isolation from the remainder of the building’s fire sprinkler system. The valve to isolate the riser shall be supervised. Sec. 9-34. Liquefied Petroleum Gas Containers. All containers installed for the storage, handling, transportation, and use of liquefied petroleum gas shall comply with the requirements of NFPA 58. (1) Containers shall not be filled prior to rough-in inspection without the prior approval of the fire chief or his/her designee. (2) Underground tanks shall be visually inspected prior to back filling the location of installation. (3) Tanks installed within ten feet (10’) of a public vehicular thoroughfare or designated parking location shall be provided with vehicular barrier protection. Page 51 Page 12 of 33 (4) Tanks installed under a driveway or designated parking area shall be a non- interchangeable underground tank. (5) Tanks installed under a driveway or designated parking area shall be provided with a shroud that allows the tank to be installed at least eighteen inches (18”) below grade. (6) Tanks installed under a driveway or designated parking area shall be provided with a protective dome or cover, engineered to protect the tank valve assembly, and support the weight of parked or moving vehicles. ARTICLE III. ELEVATORS Sec. 9-35. Dimensions and control of automatic elevators. In all buildings three stories or more in height erected, after November 23, 1993, which are equipped with automatic elevators, all elevators of the structure shall be arranged for emergency use (firefighter's service) by department personnel. At all times, and regardless of circumstances, elevators shall remain operable and available for emergency use by department personnel. The control of all automatic elevators shall meet the requirements as set forth under Chapter 61-5C, “Florida Elevator Safety Code,” Florida Administrative Code. In addition to these requirements, the following specifications shall be met: (1) Emergency auxiliary power required. (a) Emergency auxiliary electrical power shall be provided for all elevators equipped with the key switch service for department personnel. The auxiliary power supply shall be capable of supplying power to the elevators for a period of at least twenty- four (24) hours. The auxiliary power supply shall be approved by the fire rescue department. (b) Emergency auxiliary power shall remain on for the service car in use by firefighters regardless of selection switch devices, which may also be installed to rotate emergency power to other cars in the building. (c) No more than ten (10) seconds shall be required for the auxiliary power to be in full operation and the operation of the emergency power supply shall automatically transfer to the firefighters' service car. (d) A maintenance schedule shall be maintained in the generator equipment room to record all tests and operation of such auxiliary power equipment. At all times, the records shall be posted and available to the fire rescue services department. Page 52 Page 13 of 33 (e) All auxiliary power equipment and automatic transfer apparatus shall be tested weekly. (f) For all buildings which are designed and constructed having multiple separate towers, each tower shall be treated as though it were a separate building. (2) Key switch operation (firefighter's service). (a) As used in this section, authorized personnel shall mean the fire chief and any fire rescue department officer designated in writing by the fire chief as authorized to possess the standard emergency elevator control key or key to a keykeeper box. (b) A keykeeper box shall be installed adjacent to all firefighter's service elevators. The performance standards of the keykeeper box shall equal or exceed those of the Bommer key-keeper box, type 5620, F2828, or the AF Florence Manufacturing Company KK Series Key Keeper Box. The key keeper box shall be equipped with a lock that can be opened with the Emergency Response Region 7 Key (Yale Key No. R-80833-2006-7). (c) The standard emergency elevator control key shall be issued only to authorized personnel. (d) All buildings constructed following the adoption of this code regardless of the number of stories, shall use the emergency elevator control key for Emergency Response Region 7 (Yale Key No. R-80833-2006-7). (e) Any building having undergone "substantial improvement," as defined in Section 161.54(12), Florida Statutes, must comply with subsection 9-35(2)(b) of this Code. (f) All elevators in the town shall utilize the Emergency Response Region 7 (Yale Key No. R-80833-2006-7) key for the keykeeper box lock. (3) Minimum size and weight capacity. (a) Elevators shall have a platform with dimensions of at least six feet (6’) deep by five feet (5’), five inches (5”) wide. (b) Elevators shall have minimum headroom inside the car of at least seven feet (7’), six inches(6”). (c) Doors to elevators shall be at least six feet (6’), eight inches (8’) high by three feet (3’) wide. (d) Elevators shall have a weight capacity of at least 3,500 pounds. (4) Emergency access keys. Page 53 Page 14 of 33 (a) A standard emergency access door key shall be provided to the department for all elevators. (b) An emergency key slot shall be located on each door on every floor or landing on which each elevator can stop. (5) A sign shall be posted directly above each elevator door on every floor, stating: "In Case of Fire: Use Exit Stairways—Do Not Use This Elevator." (a) The sign shall be at least two and one-half (2½) inches high by three and one-half (3½) inches wide. (b) The letters shall be of a color that contrasts with background. (6) Emergency use elevator to be identified. (a) Any elevator provided with the fire rescue department key switch and emergency power shall be identified by a sign of at least three inches (3”) wide by two inches (2”) high displaying at least three-quarter (3/4) inch letters with the following information: "Fire Rescue Services Department Emergency Power." (b) The background of the sign shall be red with white letters. (c) The sign shall be posted in the center of the door frame directly above the door opening on the floor where the key switch is located. ARTICLE IV. PERMITS Sec. 9-36. Examination of building permits. (1) This section shall not apply to single-family or duplex residential units, except where the installation of fire suppression systems, fire alarm systems, or liquified petroleum fuel tanks, are proposed, or are required by this code, the Florida Building Code or the FFPC. (2) Any plans and/or specification submitted as part of an application for any building permit for new construction, demolition, moving of existing buildings, or renovation of existing structures shall comply with Section 1.14 of the Florida Fire Prevention Code, 8th Edition, and Subtitle 61-G15 of the Florida Administrative Code, as applicable, and examined and approved by the fire rescue department. Each set of plans and specifications submitted for approval pursuant to this section must also include all required fire permit applications. (3) The fire rescue department shall provide review comments following rejection of any submitted plans. Page 54 Page 15 of 33 (4) The owner of any new building or any existing building undergoing a level 2 or level 3 alteration, as defined by the Florida Building Code (“FBC”), or extensive modification or reconstruction pursuant to the FFPC, shall provide floor plan drawings on a media type specified by the fire rescue department for the purpose of pre-fire planning. This shall be required prior to issuance of the temporary certificate of occupancy or certificate of occupancy, as applicable. Sec. 9-37. Permits, fee schedule. The following enumerated installations and activities require a permit from the fire rescue department. The applicable fees, as enumerated in the town municipal facilities and services user fee schedule, shall be paid after the permit application is approved. Main use building permits shall not be approved by the fire rescue services department for the following uses until all necessary fire rescue department installation permits for special systems and/or equipment have been applied for by the appropriate subcontractors and issued by the fire rescue department, or as may be specifically approved by the fire chief or a designee. (1) Motor vehicle painting—Spray booths and bake ovens. (2) Gas and fuel-oil-fired outdoor equipment. (3) Elevators. (4) Liquid petroleum or natural gas storage. (5) Flammable or combustible liquid storage. (6) Flammable or combustible liquid dispensing. (7) Fire alarm systems. (8) Fixed automatic fire protection systems. (9) Automatic fire sprinkler systems. (10) Standpipe systems, independent or part of sprinkler system. (11) Fire pumps. (12) Required emergency generators. (13) Fire hydrant flow test. (14) Hazardous substances storage. (15) Fireworks display (see sec. 9-31). (16) Outdoor burning (see sec. 9-3). (17) BDA Systems – 2-way radio enhancement systems / Bi-Directional Amplification. Page 55 Page 16 of 33 Sec. 9-37. Work started without a permit. (1) When work for which a permit is required by this chapter is started prior to issuance of a fire rescue department permit, the permit fees herein specified shall be tripled. (2) The payment of such fee shall not relieve any person from fully complying with the requirements of this chapter in the execution of the work, nor from any other penalties prescribed herein. ARTICLE V. FIRE FLOW REQUIREMENTS Sec. 9-38. Fire flow requirements. (1) Intent. The intent of this section is to ensure an adequate water supply for fire suppression by establishing minimum flow rates required to control and extinguish fires that may occur within prescribed occupancy classifications. The requirements of this section shall be applicable to public and private water systems, including individual properties and land development projects. (2) Required fire flow. (a) The "required fire flow" is the rate of flow needed for firefighting purposes to confine a major fire to the buildings within a block or other contiguous grouping. The determination of this flow depends upon the size, construction, occupancy, and exposure of buildings within and surrounding the block or group of buildings, and upon the existence of automatic sprinkler protection. The determination of required fire flow in each case shall be made by the fire chief, or a designee, according to the criteria established by this section and by the Guide for Determination of Required Fire Flow, published by the Insurance Services Office, ISO Edition 06-2014, and as it may from time to time be amended, which are adopted and incorporated herein by reference. (b) The minimum required fire flow in the various zoning district cla ssifications shall be as listed in Table I at the end of this section. Where conditions indicate that consideration must be given to possible simultaneous fires, as determined by the fire chief utilizing the criteria established or adopted herein, an additional 1,000 to 8,000 gallons per minute shall be required. However, the maximum fire flow requirement for any system shall be 12,000 gallons per minute. The required minimum duration for fire flow for private fire protection systems not serviced by the town shall be as listed in Table II at the end of this section. All required fire Page 56 Page 17 of 33 flow rates shall be in addition to the water flow rates necessary to supply the needs of normal flow demands. (3) Normal flow demands. Flow demands for design systems shall be calculated based on full ultimate development as known or projected. The average daily flow for domestic use shall be calculated pursuant to normal flow demand criteria as detailed in the town utilities services department standards manual. (4) Fire hydrants and fire flow requirements; exemptions and qualifications; interim criteria. (a) All new buildings and all existing buildings being altered to increase the area, height, or occupancy shall have available the required number of fire hydrants as specified in Table III at the end of this section connected to a public water supply which meets the fire flow requirements specified in Tables I and II at the end of this section, except as follows: 1. All duplex and single-family detached homes not requiring water main extensions for domestic purposes. For purposes of this subsection, "water main extension" shall mean the extension of a water supply system by installation and construction of a new water main, six inches (6”) in diameter or larger, as required by the public utility. 2. Additions to existing buildings and accessory buildings not exceeding twenty- five percent (25%) of the square footage of existing structure, but in no event greater than 5,000 square feet. 3. Neighborhood shopping centers with buildings totaling an area of less than 100,000 square feet with no building under one roof of more than 10,000 square feet, with no building exceeding two stories in height, and with at least twenty-five-foot (25’) separations between buildings, shall meet fire flow requirements of at least 1,250 gallons per minute. 4. Individual industrial or commercial buildings or structures not part of a neighborhood shopping center or industrial park, less than 5,000 square feet in area, and with low or ordinary hazard content shall meet a fire flow requirement of at least 750 gallons per minute. (b) If the rate of fire flow required under the terms of this section is not available from the public utility at the time of application for a building permit, and none of the exemptions or qualifications in (a) through (c) above apply, then the following interim criteria shall govern the issuance of building permits: Page 57 Page 18 of 33 1. Properties classified as having low hazard contents, and not exceeding two (2) stories in height, will be required to provide a minimum of fifty percent (50%) of the flow rate described in Table I for its zoning district at the end of this section. 2. Properties classified as having ordinary hazard contents, and not exceeding two (2) stories in height, will be required to provide a minimum of seventy percent (70%) of the flow rate described in Table I for its zoning district at the end of this section. 3. Properties classified as having low or ordinary hazard contents, and having more than two (2) stories but not exceeding five (5) stories in height, will be required to provide a minimum of seventy-five percent (75%) of the flow rate described in Table I for its zoning district at the end of this section. 4. Properties classified as having high hazard contents will be required to provide one hundred percent (100%) of the flow rate described in Table I for its zoning district at the end of this section. 5. All properties, in excess of five (5) stories in height, will be required to provide one hundred percent (100%) of the flow rate described in Table I for its zoning district. 6. As used herein, "low hazard contents," "ordinary hazard contents" and "high hazard contents" shall be defined as set forth in Florida Fire Prevention Code NFPA 101 section 6-2.2, which section is adopted and incorporated herein by reference. 7. In all cases of new construction where less than the flow rate described in Table I at the end of this section is permitted pursuant to the provisions of (b) above, engineering and construction of new facilities to meet the total fire flow requirements as described in Table I will be provided so that at the time the public utility is capable of providing full fire flow, the properties receiving the flow will be capable of utilizing the full fire flow provided by the utility. 8. In all cases wherein the interim criteria of (b) above are utilized, no less than a 500-gallon-per-minute fire flow shall be permitted for any type of improved property, and all fire flow tests will be calculated with a minimum of twenty (20) psi residual pressure remaining in the water main. (5) Supplemental flow systems. If the minimum fire flow requirements set out in this section cannot be met by the water supply utility, then the applicant for a building Page 58 Page 19 of 33 permit shall be required to supplement those flows through an on-site, or readily available, system meeting the minimum fire flow requirements of this section and meeting with the approval of the fire rescue services department. (6) Extensions of time; bond. If the required fire flow is not available to allow an applicant to obtain a certificate of occupancy, but it is determined by the fire rescue department that system improvements are in process and are imminent so that the applicant will be able to meet the fire flow requirements, then the fire rescue services department may extend the time to meet the requirements of this section for an initial interim period not to exceed ninety (90) days and may authorize a temporary certificate of occupancy based thereon. In order to meet the fire flow requirements, a bond sufficient to assure completion of the required system improvements shall be posted by the applicant with the town manager. The amount of the bond shall be determined by the fire rescue services department and shall be equivalent to two hundred (200) percent of the cost to complete the fire flow improvements. (7) Fire hydrants and fire hydrant branches. (a) The location, number, and sizes of the fire hydrants, and fire hydrant branches, shall be designated by the fire rescue department in accordance with Table III at the end of this section. (b) Fire hydrants of the approved municipal design and system pattern shall be provided along all primary roadways and fire lanes throughout any proposed project. When such development fronts on one or more existing public street(s), fire hydrants shall be located along the public street(s) as well as throughout the entire project. Spacing shall be measured along the actual route fire apparatus will travel. (c) Unobstructed access to fire hydrants, or on-site private systems, shall be provided and maintained to accommodate firefighting apparatus. (8) Distribution systems. The supply mains shall be of adequate size and have properly arranged connections to the arterial mains, which shall extend throughout the system and have numerous connections to the secondary feeders that supply the minor distribution. (9) Main sizes. Main sizes and system patterns shall be subject to approval of all applicable agencies pursuant to fire and normal flow demand criteria. Design standards shall be in conformance with current editions of the town utilities services department standards manual. Page 59 Page 20 of 33 (10) Pressure. Sufficient pressures shall be provided within the system to maintain twenty (20) psi residual pressure while providing required fire flows. In those cases where system supply design and hydrant locations are capable of meeting full domestic, commercial and fire flow demands, residual pressures of ten (10) psi will be permitted. (11) Violations. No person shall: (a) Use or operate any fire hydrant or other valve on any fire system that is intended for use by the town for any purpose unless a fire hydrant use permit has been issued by the town to such person and such person complies with the appropriate provisions of Chapter 29 of the Town Code of Ordinances. (b) Remove, tamper with, or otherwise disturb any fire hydrant or firefighting appliance except for the purpose of extinguishing fires, firefighting training, or making necessary repairs, without first obtaining written approval by the fire rescue services department. TABLE I. REQUIRED FIRE FLOWS BY ZONING CLASSIFICATION (Defined in Section 30-62 of the Town Code) Zoning Districts Requirement Group 1: RE (Residential Single-Family Estate Zoning District), RS (Residential Single-Family Zoning District) The system shall deliver not less than 500 gallons per minute at 20 psi residual on the system. Each fire hydrant shall deliver not less than 500 gallons per minute. Group 2: RML (Residential Multiple-Family Low-Density Zoning District) The system shall deliver not less than 1,000 gallons per minute at 20 psi residual on the system. Each fire hydrant shall deliver not less than 750 gallons per minute. Group 3: RMM (Residential Multiple-Family Medium-Density Zoning District) The system shall deliver not less than 1,500 gallons per minute at 20 psi residual on the system. Each fire hydrant shall deliver not less than 750 gallons per minute. Group 4: RMH (Residential Multiple-Family High-Density Zoning District) The system shall deliver not less than 2,000 gallons per minute at 20 psi residual on the Page 60 Page 21 of 33 Zoning Districts Requirement system. Each fire hydrant shall deliver not less than 750 gallons per minute. Group 5: GSD (Government Service Zoning District) The system shall deliver not less than 2,000 gallons per minute at 20 psi residual on the system. Each fire hydrant shall deliver not less than 1,000 gallons per minute. TABLE II. REQUIRED DURATION FOR FIRE FLOW Required Fire Flow (gallons per minute) Required Duration (hours) 10,000 and greater 10.00 9,500 9 9,000 9 8,500 8 8,000 8 7,500 7 7,000 7 6,500 6 6,000 6 5,500 5 5,000 5 4,500 4 4,000 4 3,500 3 3,000 3 2,500 and less 2 Page 61 Page 22 of 33 TABLE III. FIRE HYDRANT SPACING Districts Hydrant Spacing (feet) 1.00 Multifamily structures 2 or more stories in height 300.00 2.00 Commercial, industrial, and similar structures regardless of height 300.00 3.00 Areas with multi-laned, divided highways (hydrants shall be provided along both sides of such roads with the location of curb cuts and median cuts considered) 400.00 4.00 Residential districts, single-family and duplex areas with dead-end streets 500.00 5.00 Residential districts, single-family and duplex areas with complete internal circulation 600.00 6.00 Residential districts, cluster developments 1 story in height 400.00 ARTICLE VI. FIRE ALARMS AND AUTOMATIC FIRE EXTINGUISHING SYSTEMS Sec. 9-39. Central station alarm disposition. Alarm disposition between a central station and the fire rescue department may be transmitted via any of the transmission modes approved by NFPA 72. However, the maximum duration between the initiation of an alarm signal at the protected premise to transmission to and receipt of the signal by the fire rescue department shall not exceed ninety (90) seconds. Sec. 9-40. Automatic fire-extinguishing and detection systems. Any automatic or manual fire alarm signal system and automatic fire-extinguishing or automatic fire detection system hereafter installed, in addition to complying with the Florida Fire Prevention Code, the Florida Building Code, and the state fire marshal's rules and regulations, shall be listed by a Nationally Recognized Testing Laboratory (“NRTL”) approved in accordance with the provisions of Section 633.334, Florida Statutes, and shall conform to the following requirements: Page 62 Page 23 of 33 (1) Any fire alarm system, automatic fire sprinkler system, smoke, ionization or heat detection system, clean agent extinguishing system, automatic fire-extinguishing devices, (except stand-alone automatic extinguishing systems in hoods and ducts), installed in any occupancy, which may be required by applicable provisions of these regulations, shall be so arranged that the normal operation of any required alarm- initiating device or the operation of any automatic fire-extinguishing system shall automatically transmit an alarm to a documented NRTL central station. Listing documentation shall be submitted to the fire rescue department for review and approval. (2) A NRTL central station, in accordance with NFPA 72 (2019) Section 26.3, shall be identified by the NRTL certificated service provider for all newly installed and required fire alarm systems. An existing required fire alarm system, wherein the control panel or alarm components are being replaced, shall be considered a new fire alarm system for the purposes of this section, and such system shall meet the certificating requirements of this code. NRTL listed central station service, in full compliance with NFPA 72 (2019) Section 26.3, shall be maintained at the protected property, so long as the requirement for the fire alarm system exists. (3) All fire alarm signal systems, and automatic extinguishing and detection systems, installed in accordance with this section shall be maintained under a written service contract providing for regular maintenance and testing of the system in acco rdance with the state fire marshal's rules and regulations. When the fire rescue department determines a fire alarm system is out of service in need of repair, or where confirmation is required to verify proper functioning of the system, the fire rescue department shall request the response of a technician as required in NFPA 72 within the timeframes specified therein, without consent from any building representative. Failure to comply with such a request for a technician or runner is a violation of this code. (4) The service company performing the maintenance and tests shall forward a written report to the fire rescue department indicating the nature of any deficiencies, impairments, repairs, modifications, and/or corrections completed by the service company, the date and time of such tests and inspections, and any other information, which may be required by the fire and life safety division. In addition, a copy of the service report shall be maintained in the fire protection closet or fire command room, Page 63 Page 24 of 33 or on the premises and it shall be subject to inspection by the fire rescue department at any time. (5) In accordance with NFPA 72 (2019), all fire alarm signal systems, automatic extinguishing and/or detection systems shall be provided with an approved annunciator panel. Annunciator panels, either remote or part of the FACP, shall be equipped with an LCD display with a minimum eighty (80)-character capability, designed to indicate the floor number and the section of the building reporting a fire alarm or fire condition. Fire alarm system activation in multi-level/story occupancies/buildings shall indicate an alarm condition on the floor of incident, one floor below the floor of incident, and all levels above the floor of incident. Each alarm- initiating device shall indicate an individual location on such annunciator. The alarm initiating device shall indicate its individual location to the monitoring central station. The annunciator shall respond to either manual or automatic devices, and all devices within the system shall be connected to the annunciator. The location of the annunciator panel shall be designated by the fire rescue department, and it shall be so located as to be immediately available to the fire rescue department at all times. Fire alarm systems installed solely for the purpose of monitoring a fire sprinkler system shall be allowed upon the approval of the fire chief or his/her designee. In a complex with multiple buildings, each building shall have its own transmitter for alarm signal disposition to the central station. (6) Carbon monoxide detection systems shall be required in buildings as provided in NFPA 1, NFPA 101, and NFPA 72. Carbon monoxide levels shall be monitored in new parking structures in addition to the requirements of NFPA 88A. In addition to established requirements, carbon monoxide detection systems shall, upon the detection of carbon monoxide levels above 99 ppm, send a supervisory signal to the buildings fire alarm system panel, and any area attended to by security or staff. Detection of carbon monoxide levels exceeding 199 ppm shall activate a fire alarm signal to notify all occupants of the building and send a signal to central station. Existing parking structures will be required to comply with this section upon completion of a level 2 or level 3 alteration as defined in the Florida Building Code. (7) All fire alarm signal and detection systems shall be provided with a secondary source of power always available for use in the event of failure of the primary power supply to insure continuous operation of the system, pursuant to the requirements of NFPA 72 Section 10.6 (2019). Page 64 Page 25 of 33 (8) Pre-signal fire alarm systems shall not be permitted. (9) A change in service provider or a transmitter requires a permit and verification by the fire department that the alarm system is reporting the appropriate signals to the central station as required by code. (10) Communications methods shall comply with the requirements of NFPA 72 (2019 ed.), Chapter 26, and shall be approved by the fire chief or designee. Sec. 9-41. Alarm registration. All required fire alarm systems must comply with the requirements of Chapter 9 of the Town Code. All fields on the alarm registration form shall be filled out in their entirety, and a copy of the form shall be posted adjacent to the fire alarm panel. Sec. 9-42. Fire alarm installation permits. (1) The fire rescue department shall issue a fire alarm installation permit after receiving and approving a completed fire alarm application, plans, and required supporting documentation, and only after it is determined the fire alarm system meets the criteria of this section. The reason underlying a permit denial shall be documented on the town permitting system and be provided to the applicant. (2) The fire alarm system shall be installed in compliance with the Fire Alarm/Central Station Applicable Regulations and Official Policies Guidelines of the fire rescue department. Sec. 9-43. - Fire alarm system certification requirements. (1) The applicant for a required fire alarm installation permit shall submit to fire rescue services department for review, along with the permit application, documentation listing the NRTL central station for the alarm system and provide documentation of NRTL certification at time of acceptance testing of the fire alarm system or added components. (2) The applicant must demonstrate that the fire alarm monitoring will be performed by a NRTL certified/listed central station. (3) All required NRTL certificated/listed fire alarm systems must maintain NRTL compliance and NRTL monitoring. Page 65 Page 26 of 33 Sec. 9-44. False alarms. False alarms are defined, and fees, therefore, are as provided for in Chapter 9 of the Town Code. Sec. 9-45. Limitation of liability. Neither the town nor any of its officers and agents shall be under any obligation or duty to an alarm user or to any other person. The town specifically disclaims liability for any damages, injuries, or losses caused by or resulting from a failure to respond to an alarm. ARTICLE VII. FIRE PROTECTION SYSTEMS Sec. 9-46. Applicability. Chapter 9, Fire Protection Systems, of the Florida Building Code is supplemented as follows: (1) The requirements of this article shall apply to all newly constructed buildings, structures, and installations. (2) The requirements of this article shall also apply to any existing building or structure if a level 2 or level 3 alteration occurs, as defined in the Florida Building Code. Sec. 9-47. Definitions. For the purpose of this article, the following words, terms, and phrases shall have the meanings given in this section, unless the context clearly indicates otherwise: Approved double check valve assembly is an assembly of two (2) independently operating check valves with Outside Stem and Yoke (“O.S. & Y”) valves on each side of the check valves, plus properly located test cocks for the testing of each check valve. The assembly shall be listed in the "UL Fire Protection Equipment Directory" under "Backflow Special Check Valve Devices (BAEU)." The O.S. & Y valves shall be listed in the "UL Fire Protection Equipment Directory" under "Gate Valve (HMRZ)." The assembly shall be installed in the horizontal position, outside, above ground and shall be readily accessible for maintenance, testing and inspection. The O.S. & Y valves shall be supervised with properly installed tamper switches connected to the fire alarm system. The O.S. & Y valves shall also be secured with a chain and two interlocked padlocks, one of which shall be a Master lock, issued by the fire department, painted red, for fire rescue department access. Page 66 Page 27 of 33 Fire Rescue Services department connections shall not be directly attached to the assembly. Approved dual check valve assembly is a listed assembly of two (2) independently operating check valves. For fire main use a single O.S. & Y valve shall be installed on the supply side of the approved dual check valve. The O.S. & Y valve shall serve as the main control valve for the fire protection system. The assembly shall be installed in the horizontal position, outside, above ground, and shall be readily accessible for maintenance and inspection. The O.S. & Y valve shall be secured with a chain and a Master lock, issued by the fire department. Fire main is that pipe, and its appurtenances, on private property between a source of water and the base of the riser for the automatic fire sprinkler systems, open fire sprinkler systems, fixed water spray systems, fire standpipe systems and/or inlets to firefighting foam making systems. When connected to the public water system, the fire main begins at the supply side of the approved double check valve assembly or the approved dual check valve assembly. On NFPA 13D systems, the fire main begins at the point where the water supply line for the fire sprinkler system splits from the domestic water service. Sec. 9-48. Backflow prevention for fire protection systems. An approved DDCV assembly shall be installed on all fire mains serving all structures, except single-family homes and duplexes, as provided in NFPA 13, NFPA 13R and NFPA 13D. An approved dual check valve assembly shall be installed on all fire mains serving one- and two-family dwellings (NFPA 13D). Previously approved post indicator valves (“PIV”) shall be kept locked with a #2396 key Master lock. Previously approved PIV’s shall be changed to double detector check valve (“DDCV”) assemblies meeting the requirements of this section when they are determined to be out of service and in need of replacement. Sec. 9-49. Fire mains. Fire main taps connected to the public water system shall be sized for, and serve, only the building for which they were installed. Fire main taps shall not be shared with other buildings. Fire mains shall be constructed of class 52 ductile iron pipe (DIP) or other pipe UL listed for underground fire main use, as approved by the fire rescue department. Fire main taps may be shared only where a single fire pump is shared in accordance with section 9-50. Fire mains shall only enter a building above ground and through an exterior Page 67 Page 28 of 33 wall. Fire mains shall not run under foundations or footers. In high-rise buildings (as defined in the Florida Fire Prevention Code and the Florida Building Code), fire main configurations shall be in accordance with the Florida Building Code, Chapter 4. Any alternative fire main configurations shall be subject to the approval of the fire chief or designee at the time of initial permit application. Sec. 9-50. Fire pumps. Fire pumps installed in buildings to meet requirements for standpipes or hydraulic demand of the fire sprinkler system shall be provided with a secondary source of power (emergency generator) if such system is provided. Fire pumps shall serve only the building or structure for which they were installed and shall not be shared with other buildings or structures, except that a single fire pump may be shared between a building and up to two (2) parking structures if all the following are provided: (a) All buildings and structures are under the same ownership. (b) A "unity of title" for the buildings and structures is provided before the installation permit is issued. (c) The fire mains serving each building/structure are installed underground in accordance with NFPA 24, and this article. Sec. 9-51. Fire protection system closet. (1) A fire protection system closet shall be provided for all buildings and structures equipped with a fire alarm or fire sprinkler protection. (a) The closet shall house the fire sprinkler system riser, all appropriate control valves, all appropriate flow and tamper switches, the fire alarm system control panel, annunciator panel, annunciator map/legend and the transmitter/control unit. As provided in the FFPC and NFPA 72, portions of the fire alarm system may be located elsewhere in the building subject to approval by the fire rescue department. (b) The annual fire alarm registration and copies of the most recent fire alarm, and fire sprinkler, inspection reports shall be posted in the closet. (c) The closet shall not be used for storage and shall not be used for any other electrical, plumbing, or mechanical equipment. (d) The minimum size of the closet shall be two feet (2’) deep by four feet (4’) wide, which shall be increased to accommodate the provided equipment. Page 68 Page 29 of 33 (e) The closet shall be separated from all other portions of the building with one (1)- hour fire resistive construction as a minimum. The closet shall be located along an outside wall near the fire primary fire department access, at grade, with access from an outside swinging door, which need not be fire rated. (f) The door shall be labeled with a sign that reads "Fire Protection Closet." The closet shall be kept locked at all times. A key box approved by the fire and life safety division shall be installed on the outside wall, within three feet (3’) of the closet. The key box shall be installed forty-two inches (42") to forty-eight inches (48") above grade. The key box shall be sized appropriately such that the keys, access cards, fobs, and other contents fit inside in a manner that is practical for fire rescue department personnel to open and close with ease. The key box shall contain a key to access the closet, all the keys necessary to control the fire alarm system, and keys to access the building and other important areas, including but not limited to, electrical rooms, fire pump rooms, elevator machine rooms, roof access, hazardous materials storage areas, etc. The property owner may provide additional keys for access to other areas of the building as appropriate. (g) A weatherproof horn/strobe or speaker/strobe shall be installed directly above the key box at a height easily seen upon approach to the area. (h) The closet shall be designed and constructed so as to provide and maintain an air-conditioned temperature of no greater than eighty (80) degrees Fahrenheit. (2) Fire protection system closets are not required in high rise buildings and other buildings where a fire pump room and a fire control room are required or provided. Fire protection system closets are not required for fire sprinkler systems provided in single family homes and duplexes. Sec. 9-52. - Fire rescue services department connections (FDC). (1) A single 2½-inch freestanding fire rescue department connection located within fifty (50) feet of a fire hydrant shall be provided on all NFPA 13R fire sprinkler systems with twenty (20) or more fire sprinkler heads. (2) A double (Siamese) 2½-inch freestanding fire rescue department connection located within fifty (50) feet of fire hydrant shall be provided on all NFPA 13 fire sprinkler systems with twenty (20) or more fire sprinkler heads. Page 69 Page 30 of 33 (3) Two double (Siamese) 2½-inch freestanding fire rescue department connections, each located within fifty (50) feet of a fire hydrant shall be provided on all the following fire sprinkler systems: (a) Light hazard and ordinary hazard NFPA 13 fire sprinkler systems with four hundred (400) or more fire sprinkler heads. (b) Extra hazard NFPA 13 fire sprinkler systems with two hundred (200) or more fire sprinkler heads. (c) On special fire protection systems or situations as designated by the fire chief or designee. (4) Multiple fire rescue services connections shall be installed in locations as remote as possible from each other, as approved by the fire chief or designee. Sec. 9-53. Hose connections as a part of fire sprinkler systems. (1) Approved 2½-inch fire department hose connections, in accordance with NFPA 13 sec. 8.16.5.2, shall be installed in buildings and structures as follows: (a) All one (1)-story buildings with a floor area of 52,000 square feet or more. (b) All two (2)-story buildings with a combined floor area of 52,000 square feet or more. (c) All three (3)-story buildings with a combined floor area of 52,000 square feet or more. (2) Hose connections shall be fed from an adjoining sprinkler zone on the same floor or from a sprinkler zone on a different floor. Hose connections may be fed directly from the riser ahead of a zone valve. All hose connections, including those that are part of a standpipe system, shall be installed at locations approved by the fire chief or designee, such that all areas of the building can be reached with one hundred feet (100’) of hose and twenty-five feet (25’) of fire stream throw. Hose connections shall be equipped with caps to protect hose threads. (3) Class I standpipe systems shall be provided with 2½" hose connections in the following locations: (a) On the inside of the stairwell at each landing. (b) On the outside of the stairwell at each landing. (c) On each side of the wall adjacent to the opening of horizontal exits. (d) On the roof, near the point where the stairwell terminates. This shall be a double 2½" hose connection. It shall be provided with a UL or FM listed gauge. Page 70 Page 31 of 33 (e) At other locations required by the fire chief or a designee. (4) All standpipe systems permitted and installed shall be a manual wet system, or automatic wet system, based on occupancy code requirements, as defined by the FBC or NFPA 14, Standard for the Installation of Standpipe and Hose Systems. Sec. 9-54. Automatic Wet Fire Sprinklers. (1) All new buildings or structures, including one- and two-family dwellings, 7,500 square feet and larger shall be provided with a wet automatic fire sprinkler system in accordance with the requirements in NFPA 13, 13R, or 13D. (2) All new buildings or structures, including one- and two-family dwellings, three (3) or more occupiable stories in height shall be provided with a wet automatic fire sprinkler system in accordance with the requirements in NFPA 13, 13R, or 13D). ARTICLE VIII. ENFORCEMENT Sec. 9-55. Enforcement authority. The fire chief or his/her designee shall have the authority to conduct investigations and to do all other things necessary to enforce the provisions in this chapter. Sec. 9-56. Violations. Failure to comply with any provisions of this chapter shall be deemed a violation. Sec. 9-57. Penalty for violations. Any person or entity violating the provisions of this chapter shall be punishable as provided in the Florida Fire Prevention Code, and as otherwise authorized by the town code, including, but not limited to, section 1-9 and through the initiation of code enforcement proceedings. Section 3. The Town Commission hereby repeals Section 35-11, “Florida Fire Prevention Code,” in its entirety. Section 4. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause, or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, Page 71 Page 32 of 33 sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6. Codification. Section 2 of the Ordinance shall be made a part of the Town Code of Ordinance and may be re-numbered or re-lettered to accomplish such. Section 7. Effective Date. This Ordinance shall be effective immediately upon adoption at second reading and shall apply prospectively only. The foregoing Ordinance was moved by __________________________________, seconded by ________________________________ and upon being put to the vote, the vote was as follows: AYE NAY Mayor Natasha Moore ____ ____ Vice Mayor David Stern ____ ____ Commissioner Don Peters ____ ____ Commissioner Judith Goldberg ____ ____ Commissioner Evalyn David ____ ____ PASSED on first reading at the Regular Commission meeting held on this _____ day of _________________, 2023. The foregoing Ordinance was moved by _________________________________, seconded by ________________________________ and upon being put to the vote, the vote was as follows: AYE NAY Mayor Natasha Moore ____ ____ Vice Mayor David Stern ____ ____ Commissioner Don Peters ____ ____ Commissioner Judith Goldberg ____ ____ Commissioner Evalyn David ____ ____ Page 72 Page 33 of 33 PASSED AND ADOPTED on second and final reading at the Regular Commission meeting held on this _____ day of _________________, 2023. ATTEST: By: Lanelda Gaskins, MMC Town Clerk APPROVED AS TO FORM AND LEGALITY: By: _________________________________ Glen J. Torcivia, Town Attorney Page 73 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE July 18, 2023 SUBMITTED BY: Matt Welhaf, Assistant Fire Chief SUBJECT: AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING THE CURRENT EDITION OF THE FLORIDA FIRE PREVENTION CODE AND PROVIDING FOR LOCAL AMENDMENTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. SUMMARY: The Town is in the process of adopting an update to our local fire prevention ordinance. Pursuant to Chapter 633, Florida Statutes, every three years the State Fire Marshal adopts an updated Florida Fire Prevention Code, which establishes the statewide minimum fire safety code and incorporates Florida editions of the National Fire Protection Association’s Fire Code (NFPA 1 Fire Code) and Life Safety Code (NFPA 101 Life Safety Code). The Florida Fire Prevention Code adopted by the State Fire Marshal shall be deemed adopted by, and shall be enforced by, local governments with fire safety responsibilities as the minimum fire safety code. Local governments are authorized to adopt more stringent local amendments to the Florida Fire Prevention Code, which strengthen the requirements of the minimum fire safety code. Attached are the proposed local amendments for the Town of Highland Beach to the Florida Fire Prevention Code, which were prepared by Town Staff and the Fire Marshal. The ordinance is before the Commission for introduction and discussion. The first reading is scheduled for August 1st, 2023. Based upon approval of the first reading, the ordinance will then be advertised in accordance with Florida statutes and presented to the Commission for second read/final adoption on August 15th, 2023. FISCAL IMPACT: N/A ATTACHMENTS: Page 74 Proposed Ordinance Town of Highland Beach Local Amendments to the Florida Fire Prevention Code RECOMMENDATION: Commission discussion. Page 75 Page 1 of 33 TOWN OF HIGHLAND BEACH PROPOSED ORDINANCE AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REPEALING CHAPTER 9, “FIRE PREVENTION AND PROTECTION,” OF THE TOWN CODE OF ORDINANCES IN ITS ENTIRETY AND SIMULTANEOUSLY ADOPTING A NEW CHAPTER 9 TO REFERENCE THE CURRENT EDITION OF THE FLORIDA FIRE PREVENTION CODE AND ADOPT LOCAL AMENDMENTS THERETO; REPEALING SECTION 35-11, “FLORIDA FIRE PREVENTION CODE ,” OF THE TOWN CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Highland Beach, Florida (the “Town”), is a duly constituted municipality having such power and authority conferred upon it by the Fl orida Constitution and Chapter 166, Florida Statutes; and WHEREAS, the Town is in the process of establishing a Fire Rescue Department responsible for overseeing and enforcing the Florida Fire Prevention Code within the Town; and WHEREAS, pursuant to Chapter 633, Florida Statutes, every three years the State Fire Marshall adopts an updated Florida Fire Prevention Code, which establishes the statewide minimum fire safety code and incorporates Florida editions of the National Fire Protection Association’s Fire Code (NFPA 1 Fire Code) and Life Safety Code (NFPA 101 Life Safety Code); and WHEREAS, Chapter 633, Florida Statutes, provides that the updated Florida Fire Prevention Code adopted by the State Fire Marshall shall be deemed adopted by, and shall be enforced by, local governments with fire safety responsibilities as the minimum fire safety code; and WHEREAS, Chapter 633, Florida Statutes authorizes local governments to adopt more stringent local amendments to the Florida Fire Prevention Code which stre ngthen the requirements of the minimum fire safety code; and WHEREAS, Town Staff and the Town’s Fire Marshal have recommended that the Town adopt the most recent version of the Florida Fire Prevention Code and local amendments to the Page 76 Page 2 of 33 Code, and the Town Commission determines that such local amendments are more stringent than and strengthen the minimum fire safety code and that the adoption of such amendments serves a public purpose and is in the best interest of the public health, safety , and welfare of the Town of Highland Beach. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AS FOLL OWS: Section 1. The foregoing facts and recitations contained in the preamble to this Ordinance are hereby adopted and incorporated by reference as if fully set forth herein. Section 2. The Town Commission hereby repeals Chapter 9, “Fire Prevention and Protection,” of the Town Code of Ordinances in its entirety and simultaneously adopts a new Chapter 9 to read as follows: ARTICLE I. CODES AND STANDARDS Sec. 9-1. Codes and Standards—Adopted. (1) The town adopts by reference and incorporates into this code as though fully set out herein, that certain code known as the Florida Fire Prevention Code (8th edition) (“FFPC”), except as provided in this chapter. (2) The town adopts by reference and incorporates into this code, as though fully set out herein, those additional specific standards and codes published by the National Fire Protection Agency (“NFPA”) and set forth below: NFPA 18 2017 Standard for Wetting Agents NFPA 22 2018 Standard for Water Tanks for Private Fire Protection NFPA 53 2016 Recommended Practice on Materials, Equipment, and Systems Used in Oxygen-Enriched Atmospheres NFPA 67 2019 Guide on Explosive Protection for Gaseous Mixtures in Pipe Systems NFPA 69 2019 Standard on Explosion Protection Systems NFPA 102 2016 Standard for Grandstands, Folding and Telescopic Seating, Tents, and Membrane Structures NFPA 105 2019 Standard for Smoke Control Door Assemblies and Other Opening Protectives NFPA 115 2020 Standard for Laser Fire Protection NFPA 140 2018 Standard for Motion Picture and TV Production Facilities Page 77 Page 3 of 33 NFPA 160 2016 Standard for the Use of Flame Effects Before an Audience NFPA 170 2018 Standard for Fire Safety and Emergency Symbols NFPA 204 2018 Standard for Smoke and Heat Venting NFPA 241 2019 Standard for Safeguarding Construction, Alteration, and Demolition Operations NFPA 287 2017 Standard Test Methods for Flammability of Materials in Clean Rooms NFPA 291 2019 Recommended Practice for Fire Flow Testing and Marking of Hydrants NFPA 302 2020 Fire Protection Standard for Pleasure and Commercial Motor Craft NFPA 306 2019 Standard for Control of Gas Hazards on Vessels NFPA 496 2017 Standard for Purged Pressurized Enclosures for Electrical Equipment NFPA 502 2020 Standard for Road Tunnels, Bridges, and Limited Access Highways NFPA 601 2020 Standard for Security Services in Fire Loss Prevention NFPA 720 2015 Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment NFPA 780 2020 Standard for the Installation of Lightning Protection Systems NFPA 801 2020 Standard for Facilities Handling Radioactive Materials NFPA 820 2020 Standard for Fire Protection and Wastewater Treatment and Collection Facilities NFPA 914 2019 Code for the Protection of Historic Structures NFPA 1225 2022 Standard for Emergency Services Communication NFPA 1961 2020 Standard on Fire Hose NFPA 1962 2018 Standard for Care, Use, Inspection, Service Testing, and Replacement of Fire Hose, Couplings, Nozzles, and Fire Hose Appliances NFPA 2001 2018 Standard on Clean Agent Fire Extinguishing Systems Sec. 9-2. Inspections, Testing, and Maintenance. The town hereby adopts the following local amendments to the FFPC: (1) All systems, equipment, tanks, piping, devices, appliances, controls, or storage facilities over which the code contains regulatory provisions, or which are required by any other law shall always be maintained in a working, compliant condition. Page 78 Page 4 of 33 (2) All fire sprinklers, standpipe, fire pump, and all other fire suppression systems shall be maintained under a written service contract with service companies licensed by the State of Florida to provide such services. Regular inspection, maintenance , and testing of these required systems shall be completed in accordance with the applicable standards specified under the FFPC, NFPA 1, NFPA 13, 13D, 13R, NFPA 14, NFPA 17, NFPA 17A. NFPA 20, NFPA 24, NFPA 25, NFPA 33, NFPA 90A and 90B, NFPA 91, NFPA 92, NFPA 92A and 92B, NFPA 96, and NFPA 2001, and all state laws and local ordinances. All reports related to fire protection system inspection, testing, and maintenance shall be reported to the f ire rescue department, through an internet-based fire inspection reporting system approved by the town. Any report not submitted through the town’s internet reporting system will not be accepted. (3) The service company performing the inspections, maintenance and tests referred to in subsection (2) above shall forward all reports to the fire rescue department detailing: (a) The nature of any deficiencies and/or impairments identified and the repai rs, modifications and/or corrections completed by the service company ; (b) The date and time of all inspections, maintenance, tests, and repairs; and (c) Any other information that may be requested or required by the town’s fire rescue services department. (4) A copy of all required inspection and deficiency reports shall be provided to the building representative and kept in the fire command room , fire protection closet (if provided), or at a designated location approved by the fire marshal. The reports shall be available at all times to fire rescue personnel. ARTICLE II. HAZARDOUS MATERIALS. Sec. 9-3. Response to discharges of hazardous substances—Response costs. (1) For the purpose of this section, the following words and phrases sha ll have the meanings given herein: (a) Discharge shall mean any intentional or unintentional action or omission resulting in the releasing, spilling, pumping, pouring, emitting, emptying, or dumping of a hazardous substance upon public or private propert y located within the corporate limits of the town. Page 79 Page 5 of 33 (b) Hazardous substances shall mean any substances or materials in a quantity or form which, in the determination of the town, poses an unreasonable and imminent risk to the life, health, safety , or welfare of persons or property within the town, or poses a risk of harm to the environment, and shall include but not be limited to those substances listed in the National Fire Protection Association Guide on Hazardous Materials, the Environmental Protection Agency's list of extremely hazardous substances (40 C.F.R. § 335 Appx. A), or the Florida Substance List promulgated by the Florida Department of Economic Opportunity. (c) Response actions shall mean any activity which is carried out in response to any discharge or potential discharge of a hazardous substance, including: 1. Actions necessary for the cleanup or removal of discharged hazardous substances from the environment; 2. Actions necessary to reduce and/or eliminate the threat of discharge of hazardous substances into the environment; 3. Actions necessary to investigate, monitor, assess, and evaluate the discharge or potential discharge of hazardous substances; 4. Actions necessary for the disposal of removed material; and 5. Actions necessary to prevent, minimize, or mitigate damage to the public health, safety, or welfare or to the environm ent, which may otherwise result from a discharge or threatened discharge. Response actions also include the provision of security fencing or other means to limit access, the provision of alternative water supplies, temporary evacuation of potential individuals, and restoration of the site to pre-discharge conditions. (d) Response costs shall mean any costs incurred in undertaking response actions. Response costs shall not include costs incurred for actual fire suppression services which are regularly prov ided by the town or its authorized agents, except where a fire is caused or exacerbated by discharge of hazardous materials. (2) The town is hereby authorized to undertake response actions in the event of discharges or potential discharges of hazardous substances upon or into public or private property or facilities located within the corporate limits of the town. (3) When engaging in a response action caused by the unauthorized discharge or potential discharge of hazardous substances, the town shall keep a detailed record of the response costs. Page 80 Page 6 of 33 (4) Any person or entity responsible for causing or allowing an unauthorized discharge or potential discharge of hazardous substances that requires response actions by the town or its authorized agents shall reimburse the town for the full cost of all response actions. Reimbursement shall be made within thirty (30) days after receipt of an itemized bill for response costs from the town. (6) Any person or entity responsible for causing or allowing an unauthorized discharge or potential discharge of hazardous substances that results in the town incurring response costs and who fails to reimburse the town for such response costs within the time set forth herein shall be subject to a late fee in the amount of ten percent (10%) of the total amount of the response costs after thirty (30) days. Thereafter, the late fee assessed on the unpaid balance shall be increased by two percent (2%) for each additional thirty (30) day period until the full amount, including any applic able late fee, is paid. (7) The remedy provided for in this section shall be supplemental to and in addition to all other available remedies at law or in equity. ARTICLE III. GENERAL PROVISIONS Sec. 9-4. Burning permit. It shall be unlawful for anyone to set a fire on any lot, street, alley or other public or private place within the corporate limits of the town without first obtaining a permit to do so from the fire rescue department and paying all fees specified in the town’s municipal facilities and services user fee schedule. The application shall be obtained from the department, and it shall be reviewed for approval or rejection by the chief of the department or his/her designee. Approved permits may be revoked by the department at any time if it is deemed by the department, in its sole discretion, that changes in weather or other circumstances render the fire a hazard or dangerous to the public in any manner. Sec. 9-5. Illegal storage. A determination that storage is illegal or in violation of this or other NFPA code(s) shall be at the discretion of the f ire chief or his/her designee. Illegal storage, for the purpose of this section, includes any material stored in an electrical room, in front of major electr ical panels, fire pump rooms, fire command rooms (other than what is permitted by the Florida Page 81 Page 7 of 33 Building Code and the FFPC), fire protection closet, and similar areas. Such areas shall be provided with signs indicating “No Storage.” Sec. 9-6. Premises identification. All new and existing buildings shall include signage that identifies the building address. All such signs shall be permanent and shall meet the requirements NFPA 1. All such signage shall be placed on buildings in such a manner that their addr ess numbers are plainly legible and visible from the road or street fronting the property. Sec. 9-7. Unit and Suite Identification. All apartment units, condominium units, and business suites located in buildings, regardless of occupancy type, shall include signage that identifies their number (or any other identifying designation). All such signs shall be permanent and shall meet the requirements NFPA 1. Units shall be distinguished and identified using numbers or letters, or a combination thereof, in sequence. Proposed numbering or lettering schemes shall be subject to review and approval by the fire chief or his/her designee. Identification signs shall be located on the door of the unit, or the wall adjacent to the unit, such that it is visible and legible to approaching fire rescue personnel. Signs located on a fire rated door or fire rated wall shall not compromise the rating of the door or wall and shall not conflict with manufacturers recommendations. Sec. 9-8 Directional/Wayfinding Signs. Approved directional signs shall be provided in corridors and other areas of the building, as required to assist fire rescue service personnel. The location of directional signs shall be at the discretion of the fire chief or his/her designee. Sec. 9-9 thru 9-25 - Reserved. Sec. 9-26. Fire lanes on private property. (1) For the purpose of this chapter, a "fire lane" shall mean a space sufficient in width and length to permit the parking of fire trucks and other firefighting apparatus and located nearest to, or at the best location to permit firefighting operations for, a building or structure. Page 82 Page 8 of 33 (2) Fire lanes shall be established and maintained on private property where the public has the right to travel by motor vehicle and where the public is permitted by invitation or by license to travel by motor vehicle, to the extent that any such fire lane is necessary for the department to access buildings by fire trucks or other firefighting apparatus, as more specifically provided in FFPC , NFPA 1, Chapter 18. “Private property where the public has the right to travel by motor vehicle and where the public is permitted by invitation or by license to travel by motor vehicle” shall mean all parking lots, shopping plazas, and shopping centers, as well as all commercial, industrial, single family, and multi-family residential areas. (3) After notification by the fire rescue department to establish fire lanes on a particular property, the owner or person in possession and control of the property shall submit a site plan for the fire lanes on the property to the fire department for review and approval of the design and location of the fire lanes. The site plan shall be drawn to scale and shall show all related buildings, driveways, streets, and other information necessary to evaluate the sufficiency of the fire lanes. (4) Approval of fire lanes by the fire rescue department shall constitute authorization for the person owning, or in possession and control of, any such property to install required official signs and necessary pavement markings prohibiting the stopping, standing, or parking of motor vehicles within the fire lanes, and the posting of the fire lanes as tow-away zones. Such signs and necessary pavement marking and striping shall be furnished and installed by the ow ner or person in possession and control of the property at their own cost. The owner or person in possession and control of the property shall thereafter be responsible for the maintenance of the signs, markings, and striping of the required fire lanes. (5) All fire lane signs required by and installed pursuant to this section shall have red lettering, not less than two inches (2”) or more than three inches (3”) in height, on a white background. Each sign shall be twelve inches (12”) wide by eighteen inches (18”) in height and shall be consistent with the manual on uniform traffic control devices of the state department of transportation and Chapter 18 of NFPA 1, 8th edition). Page 83 Page 9 of 33 Sec. 9-27. Use of outdoor cooking appliances. (1) This section shall apply to all buildings and structures, except two-family dwellings of one-story design, and single-family dwellings. This section shall not apply to commercial cooking appliances. (2) For the purpose of this section, an outdoor cooking appliance shall mean any portable and non-portable cooking appliance, grill, stove, or smoker, fueled, or powered by electricity, wood, charcoal, liquefied petroleum gas, natural gas, gasoline, kerosene, naphtha, alcohol, or other liquid or gaseous fuel. (3) Outdoor cooking appliances shall be operated a minimum of ten feet (10’) from the exterior of buildings or structures. (4) It shall be unlawful for any person to use or cause to be used any outdoor cooking appliance on any balcony, within any screened enclosure, in any covered parking area, in any corridor or hallway, under any overhang or within any area of any building or structure; notwithstanding the foregoing, a tabletop or countertop electric grill, with a cooking surface that is two hundred (200) square inches or less in size, may be used on a balcony, as long as the balcony is not enclosed or within a screened enclosure. This requirement also applies to one-and two-family dwellings. Sec. 9-28. Closing of private driveways, roadways, and entrances. It shall be unlawful for any person to have or cause to have any driveway, roadway , or entrance barricaded or blocked by obstacles which would interfere with the response of the fire rescue department or other emergency vehicles. If an existing building requires a change of access, the owners shall provide revised life safety plans and obtain a permit from the town. Sec. 9-29. Processes deemed hazardous to life and property. (1) The fire chief or fire marshal may issue an order for the immediate cessa tion of any activity, operation, or process, when such operation, activity, or process constitutes a severe and immediate hazard to persons or property. (2) No person who, after being served with either a verbal or written order to cease such severe and immediate hazardous activity, operation, or process, shall fail or refuse to comply with such an order. Page 84 Page 10 of 33 Sec. 9-30. Evacuation of occupied buildings or structures. In accordance with the Florida Fire Prevention Code, NFPA 1, sec. 1.7.16, the fire chief, the fire marshal, a fire inspector, or any department officer may order the immediate evacuation of any occupied building or structure or assembly area when such building, structure or assembly area is deemed hazardous due to a fire hazard, obstruction to ex its, overcrowding of the premises, or any other hazard or potential which presents immediate and life-threatening danger to the occupants. The premises, or any portion thereof, may not be reoccupied until it has been examined and deemed free of the hazard or potential hazard that caused the evacuation to be ordered. Sec. 9-31. Fireworks, pyrotechnic special effects, flame effects. (1) The discharge, firing or use of the following fireworks products are prohibited inside buildings, tents, structures, and other enclosed spaces: (a) Firecrackers, rockets, torpedoes, roman candles or other fireworks or substances designed and intended for pyrotechnic display, and of cap guns, starter pistols, canes, cannons, or other appliances (other than a “firearm” as defined in Fla. Stat. § 790.001) using blank cartridges or caps containing chlorate or potash mixture; (b) Pyrotechnic special effects including, but are not limited to, chemical mixtures used in the entertainment industry to produce visible, audible, or thermal effects by combustion, deflagration, or detonation; and (c) Flame effects including, but not limited to, batons, and/or torches fueled by liquid, solid or gaseous fuels, flame projectors which produce heat effects and/or flames, flash powders composed of fuel(s) and oxidizer(s), flares. and similar devices. (2) Except as provided in section 791.08, Florida Statutes, a permit shall be obtained from the town manager or his/her designee, prior to any outdoor use of fireworks, pyrotechnic special effects, flame effects, and/or any other fireworks item identified in section 1 above. The application for a permit shall be on a town form and payment of an application fee shall be required. The town manager or his/her designee may include conditions in the permit, including but not limited to additional inspection fees, to ensure compliance with all applicable requirements herein and state law or to protect the public health, safety, and welfare. (3) The permit applicant shall furnish with its application proof of financial responsibility in the form of liability insurance. Such liability insurance shall have a minimum of $1,000,000.00 coverage for each occurrence and shall provide coverage for all claims Page 85 Page 11 of 33 for damages to property or personal injuries, including death, arising out of the use of the fireworks. Additionally, the applicant shall provide the town with an endorsement from its insurer that names the town, and its officers and employees, as an additional insured and shall otherwise be in a form acceptable to the town. (4) The outdoor use of fireworks shall be in accordance with NFPA 1123 and NFPA 1124. Sec. 9-32. Public Safety Radio Communication System. In all newly constructed buildings, a minimum radio signal strength for public safety radio signals shall be required within the building. Installation and signal strength shall be the minimum requirements per NFPA 1225 (2022 edition), Chapter 18 (In-Building Emergency Responder Communication Enhancement Systems) or as otherwise specified by the town. In all new and existing buildings, as outlined in Section 633.202(18), Florida Statutes, that cause a reduction of Emergency Responder Communication signals below the acceptable level for reliable communications, a two-way radio enhancement system shall be required. In buildings where phone jacks are required as part of an alarm system, a two-way radio enhancement system shall be installed and maintained by the building owner, in lieu of the phone jacks. Sec. 9-33. Rubbish and linen chutes. New buildings with a chute or chutes for trash, linen, or any other building services requires fire sprinkler protection, and all such chutes shall be provided with a riser for the purposes of complete isolation from the remainder of the building’s fire sprinkler system. The valve to isolate the riser shall be supervised. Sec. 9-34. Liquefied Petroleum Gas Containers. All containers installed for the storage, handling, transportation, and use of liquefied petroleum gas shall comply with the requirements of NFPA 58. (1) Containers shall not be filled prior to rough-in inspection without the prior approval of the fire chief or his/her designee. (2) Underground tanks shall be visually inspected prior to back filling the location of installation. (3) Tanks installed within ten feet (10’) of a public vehicular thoroughfare or designated parking location shall be provided with vehicular barrier protection. Page 86 Page 12 of 33 (4) Tanks installed under a driveway or designated parking area shall be a non - interchangeable underground tank. (5) Tanks installed under a driveway or designated parking area shall be provided with a shroud that allows the tank to be installed at least eighteen inches (18”) below grade. (6) Tanks installed under a driveway or designated parking area shall be provided with a protective dome or cover, engineered to protect the tank valve assembly, and support the weight of parked or moving vehicles. ARTICLE III. ELEVATORS Sec. 9-35. Dimensions and control of automatic elevators. In all buildings three stories or more in height erected, after November 23, 1993, which are equipped with automatic elevators, all elevators of the structure shall be arranged for emergency use (firefighter's service) by department personnel. At all times, and regardless of circumstances, elevators shall remain operable and available for emergency use by department personnel. The control of all automatic elevators shall meet the requirements as set forth under Chapter 61-5C, “Florida Elevator Safety Code,” Florida Administrative Code. In addition to these requirements, the following specifications shall be met: (1) Emergency auxiliary power required. (a) Emergency auxiliary electrical power shall be provided for all elevators equipped with the key switch service for department personnel. The auxiliary power supply shall be capable of supplying power to the elevators for a period of at least twenty - four (24) hours. The auxiliary power supply shall be approved by the fire rescue department. (b) Emergency auxiliary power shall remain on for the service car in use by firefighters regardless of selection switch devices, which may also be installed to rotate emergency power to other cars in the building. (c) No more than ten (10) seconds shall be required for the auxiliary power to be in full operation and the operation of the emergency power supply shall automatically transfer to the firefighters' service car. (d) A maintenance schedule shall be maintained in the generator equipment room to record all tests and operation of such auxiliary power equipment. At all times, the records shall be posted and available to the fire rescue services department. Page 87 Page 13 of 33 (e) All auxiliary power equipment and automatic transfer apparatus shall be tested weekly. (f) For all buildings which are designed and constructed having multiple separate towers, each tower shall be treated as though it were a separate building. (2) Key switch operation (firefighter's service). (a) As used in this section, authorized personnel shall mean the f ire c hief and any f ire rescue department officer designated in writing by the f ire chief as authorized to possess the standard emergency elevator control key or key to a keykeeper box. (b) A keykeeper box shall be installed adjacent to all firefighter's service elevators. The performance standards of the keykeeper box shall equal or exceed those of the Bommer key -keeper box, type 5620, F2828, or the AF Florence Manufacturing Company KK Series Key Keeper Box. The key keeper box shall be equipped with a lock that can be opened with the Emergency Response Region 7 Key (Yale Key No. R-80833-2006-7). (c) The standard emergency elevator control key shall be issued only to authorized personnel. (d) All buildings constructed following the adoption of this code regardless of the number of stories, shall use the emergency elevator control key for Emergency Response Region 7 (Yale Key No. R -80833-2006-7). (e) Any building having undergone "substantial improvement," as defined in Section 161.54(12), Florida Statutes, must comply with subsection 9-35(2)(b) of this Code. (f) All elevators in the town shall utilize the Emergency Response Region 7 (Yale Key No. R-80833-2006-7) key for the keykeeper box lock. (3) Minimum size and weight capacity. (a) Elevators shall have a platform with dimensions of at least six feet (6’) deep by five feet (5’), five inches (5”) wide. (b) Elevators shall have minimum headroom inside the car of at least seven feet (7’), six inches(6”). (c) Doors to elevators shall be at least six feet (6’), eight inches (8’) high by three feet (3’) wide. (d) Elevators shall have a weight capacity of at least 3,500 pounds. (4) Emergency access keys. Page 88 Page 14 of 33 (a) A standard emergency access door key shall be provided to the department for all elevators. (b) An emergency key slot shall be located on each door on every floor or landing on which each elevator can stop. (5) A sign shall be posted directly above each elevator door on every floor, stating: "In Case of Fire: Use Exit Stairways—Do Not Use This Elevator." (a) The sign shall be at least two and one-half (2½) inches high by three and one-half (3½) inches wide. (b) The letters shall be of a color that contrasts with background. (6) Emergency use elevator to be identified. (a) Any elevator provided with the fire rescue department key switch and emergency power shall be identified by a sign of at least three inches (3”) wide by two inches (2”) high displaying at least three-quarter (3/4) inch letters with the following information: "Fire Rescue Services Department Emergency Power." (b) The background of the sign shall be red with white letters. (c) The sign shall be posted in the center of the door frame directly above the door opening on the floor where the key switch is located. ARTICLE IV. PERMITS Sec. 9-36. Examination of building permits. (1) This section shall not apply to single-family or duplex residential units, except where the installation of fire suppression systems, fire alarm systems, or liquified petroleum fuel tanks, are proposed, or are required by this code, the Florida Building Code or the FFPC. (2) Any plans and/or specification submitted as part of an application for any building permit for new construction, demolition, moving of existing buildings, or renovation of existing structures shall comply with Section 1.14 of the Florida Fire Prevention Code, 8th Edition, and Subtitle 61-G15 of the Florida Administrative Code, as applicable, and examined and approved by the fire rescue department. Each set of plans and specifications submitted for approval pursuant to this section must also include all required fire permit applications. (3) The fire rescue department shall provide review comments following rejection of any submitted plans. Page 89 Page 15 of 33 (4) The owner of any new building or any existing building undergoing a level 2 or level 3 alteration, as defined by the Florida Building Code (“FBC”), or extensive modification or reconstruction pursuant to the FFPC, shall provide floor plan drawings on a media type specified by the fire rescue department for the purpose of pre-fire planning. This shall be required prior to issuance of the temporary certificate of occupancy or certificate of occupancy, as applicable. Sec. 9-37. Permits, fee schedule. The following enumerated installations and activities require a permit from the f ire rescue department. The applicable fees, as enumerated in the town municipal facilities and services user fee schedule, shall be paid after the permit application is approved. Main use building permits shall not be approved by the fire rescue services department for the following uses until all necessary fire rescue department installation permits for special systems and/or equipment have been applied for by the appropriate subcontractors and issued by the fire rescue department, or as may be specifically approved by the fire chief or a designee. (1) Motor vehicle painting—Spray booths and bake ovens. (2) Gas and fuel-oil-fired outdoor equipment. (3) Elevators. (4) Liquid petroleum or natural gas storage. (5) Flammable or combustible liquid storage. (6) Flammable or combustible liquid dispensing. (7) Fire alarm systems. (8) Fixed automatic fire protection systems. (9) Automatic fire sprinkler systems. (10) Standpipe systems, independent or part of sprinkler system. (11) Fire pumps. (12) Required emergency generators. (13) Fire hydrant flow test. (14) Hazardous substances storage. (15) Fireworks display (see sec. 9-31). (16) Outdoor burning (see sec. 9-3). (17) BDA Systems – 2-way radio enhancement systems / Bi-Directional Amplification. Page 90 Page 16 of 33 Sec. 9-37. Work started without a permit. (1) When work for which a permit is required by this chapter is started prior to issuance of a fire rescue department permit, the permit fees herein specified shall be tripled. (2) The payment of such fee shall not relieve any person from fully complying with the requirements of this chapter in the execution of the work, nor from any other penalties prescribed herein. ARTICLE V. FIRE FLOW REQUIREMENTS Sec. 9-38. Fire flow requirements. (1) Intent. The intent of this section is to ensure an adequate water supply for fire suppression by establishing minimum flow rates required to control and extinguish fires that may occur within prescribed occupancy classifications. The requirements of this section shall be applicable to public and private water systems, including individual properties and land development projects. (2) Required fire flow. (a) The "required fire flow" is the rate of flow needed for firefighting purposes to confine a major fire to the buildings within a block or other contiguous grouping. The determination of this flow depends upon the size, construction, occupancy, and exposure of buildings within and surrounding the block or group of buildings, and upon the existence of automatic sprinkler protection. The determination of required fire flow in each case shall be made by the fire chief, or a designee, according to the criteria established by this section and by the Guide for Determination of Required Fire Flow, published by the Insurance Services Office, ISO Edition 06-2014, and as it may from time to time be amended, which are adopted and incorporated herein by reference. (b) The minimum required fire flow in the various zoning district classifications shall be as listed in Table I at the end of this section. Where conditions indicate that consideration must be given to possible simultaneous fires, as determined by the fire chief utilizing the criteria established or adopted herein, an additional 1,000 to 8,000 gallons per minute shall be required. However, the maximum fire flow requirement for any system shall be 12,000 gallons per minute. The required minimum duration for fire flow for private fire protection systems not serviced by the town shall be as listed in Table II at the end of this section. All required fire Page 91 Page 17 of 33 flow rates shall be in addition to the water flow rates necessary to supply the needs of normal flow demands. (3) Normal flow demands. Flow demands for design systems shall be calculated based on full ultimate development as known or projected. The average daily flow for domestic use shall be calculated pursuant to normal flow demand criteria as detailed in the town utilities services department standards manual. (4) Fire hydrants and fire flow requirements; exemptions and qualifications; interim criteria. (a) All new buildings and all existing buildings being altered to increase the area, height, or occupancy shall have available the required number of fire hydrants as specified in Table III at the end of this section connected to a public water supply which meets the fire flow requirements specified in Tables I and II at the end of this section, except as follows: 1. All duplex and single-family detached homes not requiring water main extensions for domestic purposes. For purposes of this subsection, "water main extension" shall mean the extension of a water supply system by installation and construction of a new water main, six inches (6”) in diameter or larger, as required by the public utility. 2. Additions to existing buildings and accessory buildings not exceeding twenty - five percent (25%) of the square footage of existing structure, but in no event greater than 5,000 square feet. 3. Neighborhood shopping centers with buildings totaling an area of less than 100,000 square feet with no building under one roof of more than 10,000 square feet, with no building exceeding two stories in height, and with at least twenty -five-foot (25’) separations between buildings, shall meet fire flow requirements of at least 1,250 gallons per minute. 4. Individual industrial or commercial buildings or structures not part of a neighborhood shopping center or industrial park, less than 5,000 square feet in area, and with low or ordinary hazard content shall meet a fire flow requirement of at least 750 gallons per minute. (b) If the rate of fire flow required under the terms of this section is not available from the public utility at the time of application f or a building permit, and none of the exemptions or qualifications in (a) through (c) above apply, then the following interim criteria shall govern the issuance of building permits: Page 92 Page 18 of 33 1. Properties classified as having low hazard contents, and not exceeding two (2) stories in height, will be required to provide a minimum of fifty percent (50%) of the flow rate described in Table I for its zoning district at the end of this section. 2. Properties classified as having ordinary hazard contents, and not exceeding two (2) stories in height, will be required to provide a minimum of seventy percent (70%) of the flow rate described in Table I for its zoning district at the end of this section. 3. Properties classified as having low or ordinary hazard contents, and hav ing more than two (2) stories but not exceeding five (5) stories in height, will be required to provide a minimum of seventy -five percent (75%) of the flow rate described in Table I for its zoning district at the end of this section. 4. Properties classified as having high hazard contents will be required to provide one hundred percent (100%) of the flow rate described in Table I for its zoning district at the end of this section. 5. All properties, in excess of five (5) stories in height, will be required to provide one hundred percent (100%) of the flow rate described in Table I for its zoning district. 6. As used herein, "low hazard contents," "ordinary hazard contents" and "high hazard contents" shall be defined as set forth in Florida Fire Prevention Code NFPA 101 section 6-2.2, which section is adopted and incorporated herein by reference. 7. In all cases of new construction where less than the flow rate described in Table I at the end of this section is permitted pursuant to the provisions of (b) above, engineering and construction of new facilities to meet the total fire flow requirements as described in Table I will be provided so that at the time the public utility is capable of providing full fire flow, the properties receiving the flow will be capable of utilizing the full fire flow provided by the utility. 8. In all cases wherein the interim criteria of (b) above are utilized, no less than a 500-gallon-per-minute fire flow shall be permitted for any type of improved property, and all f ire flow tests will be calculated with a minimum of twenty (20) psi residual pressure remaining in the water main. (5) Supplemental flow systems. If the minimum fire flow requirements set out in this section cannot be met by the water supply utility, then the applicant for a building Page 93 Page 19 of 33 permit shall be required to supplement those flows through an on-site, or readily available, system meeting the minimum fire flow requirements of this section and meeting with the approval of the fire rescue services department. (6) Extensions of time; bond. If the required fire flow is not available to allow an applicant to obtain a certificate of occupancy, but it is determined by the fire rescue department that system improvements are in process and are imminent so that the applicant will be able to meet the fire flow requirements, then the fire rescue services department may extend the time to meet the requirements of this section for an initial interim period not to exceed ninety (90) days and may authorize a temporary certificate of occupancy based thereon. In order to meet the fire flow requirements, a bond sufficient to assure completion of the required system improvements shall be posted by the applicant with the town manager. The amount of the bond shall be determined by the fire rescue services department and shall be equivalent to two hundred (200) percent of the cost to complete the fire flow improvements. (7) Fire hydrants and fire hydrant branches. (a) The location, number, and sizes of the fire hydrants, and fire hydrant branches, shall be designated by the fire rescue department in accordance with Table III at the end of this section. (b) Fire hydrants of the approved municipal design and system pattern shall be provided along all primary roadways and fire lanes throughout any proposed project. When such development fronts on one or more existing public street(s), fire hydrants shall be located along the public street(s) as well as throughout the entire project. Spacing shall be measured along the actual route fire apparatus will travel. (c) Unobstructed access to fire hydrants, or on-site private systems, shall be provided and maintained to accommodate firefighting apparatus. (8) Distribution systems. The supply mains shall be of adequate size and have properly arranged connections to the arterial mains, which shall extend throughout the system and have numerous connections to the secondary feeders that supply the minor distribution. (9) Main sizes. Main sizes and system patterns shall be subject to approval of all applicable agencies pursuant to fire and normal flow demand criteria. Design standards shall be in conformance with current editions of the town utilities services department standards manual. Page 94 Page 20 of 33 (10) Pressure. Sufficient pressures shall be provided within the system to maintain twenty (20) psi residual pressure while providing required fire flows. In those cases where system supply design and hydrant locations are capable of meeting full domestic, commercial and f ire flow demands, residual pressures of ten (10) psi will be permitted. (11) Violations. No person shall: (a) Use or operate any fire hydrant or other valve on any fire system that is intended for use by the town for any purpose unless a fire hydrant use permit has been issued by the town to such person and such person complies with the appropriate provisions of Chapter 29 of the Town Code of Ordinances. (b) Remove, tamper with, or otherwise disturb any fire hydrant or firefighting appliance except for the purpose of extinguishing fires, firefighting training, or making necessary repairs, without first obtaining written approval by the fire rescue services department. TABLE I. REQUIRED FIRE FLOWS BY ZONING CLASSIFICATION (Defined in Section 30-62 of the Town Code) Zoning Districts Requirement Group 1: RE (Residential Single-Family Estate Zoning District), RS (Residential Single-Family Zoning District) The system shall deliver not less than 500 gallons per minute at 20 psi residual on the system. Each fire hydrant shall deliver not less than 500 gallons per minute. Group 2: RML (Residential Multiple-Family Low -Density Zoning District) The system shall deliver not less than 1,000 gallons per minute at 20 psi residual on the system. Each fire hydrant shall deliver not less than 750 gallons per minute. Group 3: RMM (Residential Multiple-Family Medium -Density Zoning District) The system shall deliver not less than 1,500 gallons per minute at 20 psi residual on the system. Each fire hydrant shall deliver not less than 750 gallons per minute. Group 4: RMH (Residential Multiple-Family High-Density Zoning District) The system shall deliver not less than 2,000 gallons per minute at 20 psi residual on the Page 95 Page 21 of 33 Zoning Districts Requirement system. Each fire hydrant shall deliver not less than 750 gallons per minute. Group 5: GSD (Government Service Zoning District) The system shall deliver not less than 2,000 gallons per minute at 20 psi residual on the system. Each fire hydrant shall deliver not less than 1,000 gallons per minute. TABLE II. REQUIRED DURATION FOR FIRE FLOW Required Fire Flow (gallons per minute) Required Duration (hours) 10,000 and greater 10.00 9,500 9 9,000 9 8,500 8 8,000 8 7,500 7 7,000 7 6,500 6 6,000 6 5,500 5 5,000 5 4,500 4 4,000 4 3,500 3 3,000 3 2,500 and less 2 Page 96 Page 22 of 33 TABLE III. FIRE HYDRANT SPACING Districts Hydrant Spacing (feet) 1.00 Multifamily structures 2 or more stories in height 300.00 2.00 Commercial, industrial, and similar structures regardless of height 300.00 3.00 Areas with multi-laned, divided highways (hydrants shall be provided along both sides of such roads with the location of curb cuts and median cuts considered) 400.00 4.00 Residential districts, single-family and duplex areas with dead-end streets 500.00 5.00 Residential districts, single-family and duplex areas with complete internal circulation 600.00 6.00 Residential districts, cluster developments 1 story in height 400.00 ARTICLE VI. FIRE ALARMS AND AUTOMATIC FIRE EXTINGUISHING SYSTEMS Sec. 9-39. Central station alarm disposition. Alarm disposition between a central station and the fire rescue department may be transmitted via any of the transmission modes approved by NFPA 72. However, the maximum duration between the initiation of an alarm signal at the protected premise to transmission to and receipt of the signal by the fire rescue department shall not exceed ninety (90) seconds. Sec. 9-40. Automatic fire-extinguishing and detection systems. Any automatic or manual fire alarm signal system and automatic fire-extinguishing or automatic fire detection system hereafter installed, in addition to complying with the Florida Fire Prevention Code, the Florida Building Code, and the state fire marshal's rules and regulations, shall be listed by a Nationally Recognized Testing Laboratory (“NRTL”) approved in accordance with the provisions of Section 633.334, Florida Statutes, and shall conform to the following requirements: Page 97 Page 23 of 33 (1) Any fire alarm system, automatic fire sprinkler system, smoke, ionization or heat detection system, clean agent extinguishing system, automatic fire -extinguishing devices, (except stand-alone automatic extinguishing systems in hoods and ducts), installed in any occupancy, which may be required by applicable provisions of these regulations, shall be so arranged that the normal operation of any required alarm - initiating device or the operation of any automatic fire-extinguishing system shall automatically transmit an alarm to a docum ented NRTL central station. Listing documentation shall be submitted to the fire rescue department for review and approv al. (2) A NRTL central station, in accordance with NFPA 72 (2019) Section 26.3, shall be identified by the NRTL certificated service provider for all newly installed and required fire alarm systems. An existing required fire alarm system, wherein the control panel or alarm components are being replaced, shall be considered a new fire alarm system for the purposes of this section, and suc h system shall meet the certificating requirements of this code. NRTL listed central station service, in full compliance with NFPA 72 (2019) Section 26.3, shall be maintained at the protected property, so long as the requirement for the fire alarm system exists. (3) All fire alarm signal systems, and automatic extinguishing and detection systems, installed in accordance with this section shall be maintained under a written service contract providing for regular maintenance and testing of the system in acco rdance with the state fire marshal's rules and regulations. When the fire rescue department determines a fire alarm system is out of service in need of repair, or where confirmation is required to verify proper functioning of the system, the fire rescue department shall request the response of a technician as required in NFPA 72 within the timeframes specified therein, without consent from any building representative. Failure to comply with such a request for a technician or runner is a violation of this code. (4) The service company performing the maintenance and tests shall forward a written report to the fire rescue department indicating the nature of any deficiencies, impairments, repairs, modifications, and/or corrections completed by the service company, the date and time of such tests and inspections, and any other information, which may be required by the fire and life safety division. In addition, a copy of the service report shall be maintained in the fire protection closet or fire command room, Page 98 Page 24 of 33 or on the premises and it shall be subject to inspection by the fire rescue department at any time. (5) In accordance with NFPA 72 (2019), all fire alarm signal systems, automatic extinguishing and/or detection systems shall be provided with an approved annunciator panel. Annunciator panels, either remote or part of the FACP, shall be equipped with an LCD display with a minimum eighty (80)-character capability, designed to indicate the floor number and the section of the building reporting a fire alarm or fire condition. Fire alarm system activation in multi-level/story occupancies/buildings shall indicate an alarm condition on the floor of incident, one floor below the floor of incident, and all levels above the floor of incident. Each alarm - initiating device shall indicate an individual location on such annunciator. The alarm initiating device shall indicate its individual location to the monitoring central station. The annunciator shall respond to either manual or automatic devices, and all devices within the system shall be connected to the annunciator. The location of the annunciator panel shall be designated by the fire rescue department, and it shall be so located as to be immediately available to the fire rescue department at all times. Fire alarm systems installed solely for the purpose of monitoring a fire sprinkler system shall be allowed upon the approval of the fire chief or his/her designee. In a complex with multiple buildings, each building shall have its own transmitter for alarm signal disposition to the central station. (6) Carbon monoxide detection systems shall be required in buildings as provided in NFPA 1, NFPA 101, and NFPA 72. Carbon monoxide levels shall be monitored in new parking structures in addition to the requirements of NFPA 88A. In addition to established requirements, carbon monoxide detection systems shall, upon the detection of carbon monoxide levels above 99 ppm, send a supervisory signal to the buildings fire alarm system panel, and any area attended to by security or staff. Detection of carbon monoxide levels exceeding 199 ppm shall activate a fire alarm signal to notify all occupants of the building and send a signal to central station. Existing parking structures will be required to comply with this section upon completion of a level 2 or level 3 alteration as defined in the Florida Building Code. (7) All fire alarm signal and detection systems shall be provided with a secondary source of power always available for use in the event of failure of the primary power supply to insure continuous operation of the system, pursuant to the requirements of NFPA 72 Section 10.6 (2019). Page 99 Page 25 of 33 (8) Pre-signal fire alarm systems shall not be permitted. (9) A change in service provider or a transmitter requires a permit and verification by the fire department that the alarm system is reporting the appropriate signals to the central station as required by code. (10) Communications methods shall comply with the requirements of NFPA 72 (2019 ed.), Chapter 26, and shall be approved by the f ire chief or designee. Sec. 9-41. Alarm registration. All required fire alarm systems must comply with the requirements of Chapter 9 of the Town Code. All fields on the alarm registration form shall be filled out in their entirety, and a copy of the form shall be posted adjacent to the fire alarm panel. Sec. 9-42. Fire alarm installation permits. (1) The fire rescue department shall issue a fire alarm installation permit after receiving and approving a completed fire alarm application, plans, and required supporting documentation, and only after it is deter mined the fire alarm system meets the criteria of this section. The reason underlying a permit denial shall be documented on the town permitting system and be provided to the applicant. (2) The fire alarm system shall be installed in compliance with the Fire Alarm/Central Station Applicable Regulations and Official Policies Guidelines of the fire rescue department. Sec. 9-43. - Fire alarm system certification requirements. (1) The applicant for a required fire alarm installation permit shall submit to fire rescue services department for review, along with the permit application, documentation listing the NRTL central station for the alarm system and provide documentation of NRTL certification at time of acceptance testing of the fire alarm system or added components. (2) The applicant must demonstrate that the fire alarm monitoring will be performed by a NRTL certified/listed central station. (3) All required NRTL certificated/listed fire alarm systems must maintain NRTL compliance and NRTL monitoring. Page 100 Page 26 of 33 Sec. 9-44. False alarms. False alarms are defined, and fees, therefore, are as provided for in Chapter 9 of the Town Code. Sec. 9-45. Limitation of liability. Neither the town nor any of its officers and agents shall be under any obligation or duty to an alarm user or to any other person. The town specifically disclaims liability for any damages, injuries, or losses caused by or resulting f rom a failure to respond to an alarm. ARTICLE VII. FIRE PROTECTION SYSTEMS Sec. 9-46. Applicability. Chapter 9, Fire Protection Systems, of the Florida Building Code is supplemented as follows: (1) The requirements of this article shall apply to all newly constructed buildings, structures, and installations. (2) The requirements of this article shall also apply to any existing building or structure if a level 2 or level 3 alteration occurs, as defined in the Florida Building Code. Sec. 9-47. Definitions. For the purpose of this article, the following words, terms, and phrases shall have the meanings given in this section, unless the context clearly indicates otherwise: Approved double check valve assembly is an assembly of two (2) independently operating check valves with Outside Stem and Yoke (“O.S. & Y”) valves on each side of the check valves, plus properly located test cocks for the testing of each check valve. The assembly shall be listed in the "UL Fire Protection Equipment D irectory" under "Backflow Special Check Valve Devices (BAEU)." The O.S. & Y valves shall be listed in the "UL Fire Protection Equipment Directory" under "Gate Valve (HMRZ)." The assembly shall be installed in the horizontal position, outside, above ground and shall be readily accessible for maintenance, testing and inspection. The O.S. & Y valves shall be supervised with properly installed tamper switches connected to the fire alarm system. The O.S. & Y valves shall also be secured with a chain and two inte rlocked padlocks, one of which shall be a Master lock , issued by the fire department, painted red, for fire rescue department access. Page 101 Page 27 of 33 Fire Rescue Services department connections shall not be directly attached to the assembly. Approved dual check valve assembly is a listed assembly of two (2) independently operating check valves. For fire main use a single O.S. & Y valve shall be installed on the supply side of the approved dual check valve. The O.S. & Y valve shall serve as the main control valve for the fire protection system. The assembly shall be installed in the horizontal position, outside, above ground, and shall be readily accessible for maintenance and inspection. The O.S. & Y valve shall be secured with a chain and a Master lock , issued by the fire department. Fire main is that pipe, and its appurtenances, on private property between a source of water and the base of the riser for the automatic fire sprinkler systems, open fire sprinkler systems, fixed water spray systems, fire standpipe systems and/or inlets to firefighting foam making systems. When connected to the public water system, the fire main begins at the supply side of the approved double check valve assembly or the approved dual check valve assembly. On NFPA 13D systems, the fire main begi ns at the point where the water supply line for the fire sprinkler system splits from the domestic water service. Sec. 9-48. Backflow prevention for fire protection systems. An approved DDCV assembly shall be installed on all fire mains serving all struct ures, except single-family homes and duplexes, as provided in NFPA 13, NFPA 13R and NFPA 13D. An approved dual check valve assembly shall be installed on all fire mains serving one- and two-family dwellings (NFPA 13D). Previously approved post indicator valves (“PIV”) shall be kept locked with a #2396 key Master lock. Previously approved PIV’s shall be changed to double detector check valve (“DDCV”) assemblies meeting the requirements of this section when they are determ ined to be out of service and in need of replacement. Sec. 9-49. Fire mains. Fire main taps connected to the public water system shall be sized for, and serve, only the building for which they were installed. Fire main taps shall not be shared with other buildings. Fire mains shall be constructed of class 52 ductile iron pipe (DIP) or other pipe UL listed for underground fire main use, as approved by the fire rescue department. Fire main taps may be shared only where a single fire pump is shared in accorda nce with section 9-50. Fire mains shall only enter a building above ground and through an exterior Page 102 Page 28 of 33 wall. Fire mains shall not run under foundations or footers. In high-rise buildings (as defined in the Florida Fire Prevention Code and the Florida Building Code), fire main configurations shall be in accordance with the Florida Building Code, Chapter 4 . Any alternative fire main configurations shall be subject to the approval of the fire chief or designee at the time of initial permit application. Sec. 9-50. Fire pumps. Fire pumps installed in buildings to meet requirements for standpipes or hydraulic demand of the fire sprinkler system shall be provided with a secondary source of power (emergency generator) if such system is provided. Fire pumps shall serve only the building or structure for which they were installed and shall not be shared with other buildings or structures, except that a single fire pump may be shared between a building and up to two (2) parking structures if all the following are provided: (a) All buildings and structures are under the same ownership. (b) A "unity of title" for the buildings and structures is provided before the installation permit is issued. (c) The fire mains serving each building/structure are installed underground in accordance with NFPA 24, and this article. Sec. 9-51. Fire protection system closet. (1) A fire protection system closet shall be provided for all buildings and structures equipped with a fire alarm or fire sprinkler protection. (a) The closet shall house the fire sprinkler system riser, all appropriate control valves, all appropriate flow and tamper switches, the fire alarm system control panel, annunciator panel, annunciator map/legend and the transmitter/control unit. As provided in the FFPC and NFPA 72, portions of the fire alarm system may be located elsewhere in the building subject to approval by the fire rescue department. (b) The annual fire alarm registration and copies of the most recent fire alarm, and fire sprinkler, inspection reports shall be posted in the closet. (c) The closet shall not be used for storage and shall not be used for any other electrical, plumbing, or mechanical equipment. (d) The minimum size of the closet shall be two feet (2’) deep by four feet (4’) wide, which shall be increased to accommodate the provided equipment. Page 103 Page 29 of 33 (e) The closet shall be separated from all other portions of the building with one (1)- hour fire resistive construction as a minimum. The closet shall be located along an outside wall near the fire primary fire department access, at grade, with access from an outside swinging door, which need not be fire rated. (f) The door shall be labeled with a sign that reads "Fire Protection Closet." The closet shall be kept locked at all times. A key box approved by the fire and life safety division shall be installed on the outside wall, within three feet (3’) of the closet. The key box shall be installed forty -two inches (42") to forty -eight inches (48") above grade. The key box shall be sized appropriately such that the keys, access cards, fobs, and other contents fit inside in a manner that is practical for fire rescue department personnel to open and close with ease. The key box shall contain a key to access the closet, all the keys necessary to control the fire alarm system, and keys to access the building and other important areas, including but not limited to, electrical rooms, fire pump rooms, elevator machine rooms, roof access, hazardous materials storage areas, etc. The property owner may provide additional keys for access to other areas of the building as appropriate. (g) A weatherproof horn/strobe or speaker/strobe shall be installed directly above the key box at a height easily seen upon appr oach to the area. (h) The closet shall be designed and constructed so as to provide and maintain an air-conditioned temperature of no greater than eighty (80) degrees Fahrenheit. (2) Fire protection system closets are not required in high rise buildings a nd other buildings where a fire pump room and a fire control room are required or provided. Fire protection system closets are not required for fire sprinkler systems provided in single family homes and duplexes. Sec. 9-52. - Fire rescue services department connections (FDC). (1) A single 2½-inch freestanding fire rescue department connection located within fifty (50) feet of a fire hydrant shall be provided on all NFPA 13R fire sprinkler systems with twenty (20) or more fire sprinkler heads. (2) A double (Siamese) 2½-inch freestanding fire rescue department connection located within fifty (50) feet of fire hydrant shall be provided on all NFPA 13 fire sprinkler systems with twenty (20) or more fire sprinkler heads. Page 104 Page 30 of 33 (3) Two double (Siamese) 2½-inch freestanding fire rescue department connections, each located within fifty (50) feet of a fire hydrant shall be provided on all the following fire sprinkler systems: (a) Light hazard and ordinary hazard NFPA 13 fire sprinkler systems with four hundred (400) or more fire sprinkler heads. (b) Extra hazard NFPA 13 fire sprinkler systems with two hundred (200) or more fire sprinkler heads. (c) On special fire protection systems or situations as designated by the fire chief or designee. (4) Multiple fire rescue services connections shall be installed in locations as remote as possible from each other, as approved by the fire chief or designee. Sec. 9-53. Hose connections as a part of fire sprinkler systems. (1) Approved 2½-inch fire department hose connections, in accordance with NFPA 13 sec. 8.16.5.2, shall be installed in buildings and structures as follows: (a) All one (1)-story buildings with a floor area of 52,000 square feet or more. (b) All two (2)-story buildings with a combined floor area of 52,000 square feet or more. (c) All three (3)-story buildings with a combined floor area of 52,000 square feet or more. (2) Hose connections shall be fed from an adjoining sprinkler zone on the same floor or from a sprinkler zone on a different floor. Hose connections may be fed directly from the riser ahead of a zone valve. All hose connections, including those that are part of a standpipe system, shall be installed at locations approved by the fire chief or designee, such that all areas of the building can be reached with one hundred feet (100’) of hose and twenty -five feet (25’) of fire stream throw. Hose connections shall be equipped with caps to protect hose threads. (3) Class I standpipe systems shall be provided with 2½" hose connections in the following locations: (a) On the inside of the stairwell at each landing. (b) On the outside of the stairwell at each landing. (c) On each side of the wall adjacent to the opening of horizontal exits. (d) On the roof, near the point where the stairwell terminates. This shall be a double 2½" hose connection. It shall be provided with a UL or FM listed gauge. Page 105 Page 31 of 33 (e) At other locations required by the fire chief or a designee. (4) All standpipe systems permitted and installed shall be a m anual wet system, or automatic wet system, based on occupancy code requirements, as defined by the FBC or NFPA 14, Standard for the Installation of Standpipe and Hose Systems. Sec. 9-54. Automatic Wet Fire Sprinklers. (1) All new buildings or structures, including one- and two-family dwellings, 7,500 square feet and larger shall be provided with a wet automatic f ire sprinkler system in accordance with the requirements in NFPA 13, 13R, or 13D. (2) All new buildings or structures, including one- and two-family dwellings, three (3) or more occupiable stories in height shall be provided with a wet automatic f ire sprinkler system in accordance with the requirements in NFPA 13, 13R, or 13D). ARTICLE VIII. ENFORCEMENT Sec. 9-55. Enforcement authority. The fire chief or his/her designee shall have the authority to conduct investigations and to do all other things necessary to enforce the provisions in this chapter. Sec. 9-56. Violations. Failure to comply with any provisions of this chapter shall be deemed a violation. Sec. 9-57. Penalty for violations. Any person or entity violating the provisions of this chapter shall be punishable as provided in the Florida Fire Prevention Code, and as otherwise authorized by the town code, including, but not limited to, section 1-9 and through the initiation of code enforcement proceedings. Section 3. The Town Commission hereby repeals Section 35-11, “Florida Fire Prevention Code,” in its entirety. Section 4. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause, or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, Page 106 Page 32 of 33 sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6. Codification. Section 2 of the Ordinance shall be made a part of the Town Code of Ordinance and may be re-numbered or re-lettered to accomplish such. Section 7. Effective Date. This Ordinance shall be effective immediately upon adoption at second reading and shall apply prospectively only. The foregoing Ordinance was moved by __________________________________, seconded by ________________________________ and upon being put to the vote, the vote w as as follows: AYE NAY Mayor Natasha Moore ____ ____ Vice Mayor David Stern ____ ____ Commissioner Don Peters ____ ____ Commissioner Judith Goldberg ____ ____ Commissioner Evalyn David ____ ____ PASSED on first reading at the Regular Commission meeting held on this _____ day of _________________, 2023. The foregoing Ordinance was moved by _________________________________, seconded by ________________________________ and upon being put to the vote, the vote was as follows: AYE NAY Mayor Natasha Moore ____ ____ Vice Mayor David Stern ____ ____ Commissioner Don Peters ____ ____ Commissioner Judith Goldberg ____ ____ Commissioner Evalyn David ____ ____ Page 107 Page 33 of 33 PASSED AND ADOPTED on second and final reading at the Regular Commission meeting held on this _____ day of _________________, 2023. ATTEST: By: Lanelda Gaskins, MMC Town Clerk APPROVED AS TO FORM AND LEGALITY: By: _________________________________ Glen J. Torcivia, Town Attorney Page 108 Sold To: Town of Highland Beach Florida - CU00661788 3614 S Ocean Blvd Highland Beach FL 33487,FL 33487-3393 Bill To: Town of Highland Beach Florida - CU00661788 3614 S Ocean Blvd Highland Beach FL 33487,FL 33487-3393 Published Daily Fort Lauderdale, Broward County, Florida Boca Raton, Palm Beach County, Florida Miami, Miami-Dade County, Florida State Of Florida County Of Orange Before the undersigned authority personally appeared Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of 11720-Notice of Public Meeting , Was published in said newspaper by print in the issues of, or by publication on the newspaper¶s website, if authorized on Aug 14, 2023 Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Signature of Affiant Sworn to and subscribed before me this: August 15, 2023. Signature of Notary Public Name of Notary, Typed, Printed, or Stamped Personally Known (X) or Produced Identification ( ) Affidavit Delivery Method: E-Mail Affidavit Email Address: lgaskins@highlandbeach.us 7478900 SUN-SENTINEL Page 109 Order # - 7478900 SUN-SENTINEL Page 110 SUN-SENTINEL Page 111 File Attachments for Item: A. Consideration to approve the Health Insurance and Other Insurance Programs for Town personnel for Fiscal Year 2024. Page 112 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Financial Advisory Board MEETING DATE 08/24/2023 SUBMITTED BY: Eric Marmer, Human Resources and Risk Management Director David M. Dilena, Finance Director SUBJECT: Health Insurance and Other Related Insurance Rates SUMMARY: Employee Medical Insurance - October 1st The Town’s Employee Insurance is set to change on October 1st. With the help of our benefits consultant Rheingold & Associates, this year, we had the privilege of reviewing proposals from several healthcare insurance providers, namely Florida Blue, Humana, United Healthcare (UHC), Aetna, and Cigna. Our journey through this selection process has been marked by careful consideration and insight. Having enjoyed a three-year partnership with Humana, we were initially presented with renewal quotes suggesting a 3% increase for the upcoming year. However, considering Humana's decision to exit the group insurance market, concerns have arisen regarding the stability of their network and the potential loss of valuable providers. This pivotal development has prompted us to contemplate a transition away from Humana. While both UHC, Aetna, and Cigna presented plans with slightly lower rates than Humana, their offerings fell short in terms of benefit levels and the expansive provider network that our community greatly values. In sharp contrast, Florida Blue has presented an opportunity to offer better plans with a larger network than our current plans offered by Humana, while also extending an overall cost reduction of approximately 1.3% for the Town. Like every year when making this decision, our focus remains unwavering on securing a healthcare partner that not only provides economical solutions but also upholds the comprehensive coverage and access to providers that Town staff members rely upon. In this pursuit, Florida Blue emerges as a compelling choice, promising both financial relief and the continuation of a robust network that stands as a pillar of our Town staff’s well-being. The Town will offer two plans to employees and their families through Florida Blue: 1. Base Blue Options Predictable Cost Plan # 03768 with a tiered Health Reimbursement Account (HRA) 2. Blue Options Predictable Cost Plan #03748 Buy-up Option with a tiered Health Reimbursement Account (HRA) Page 113 Other Insurance Programs Apart from healthcare insurance, Town employees and their families can enroll in a range of additional insurance programs, including Short-Term Disability, Long-Term Disability, Life Insurance, Vision, and Dental Insurance. Currently, our Town utilizes a mix of providers for these insurance options. However, following a thorough evaluation, the Town has decided to transition all these insurance offerings to Guardian. Guardian's offerings stood out after careful consideration, with their prices and coverage aligning well or even slightly surpassing those of our previous insurers in certain aspects. This move to Guardian is aimed at streamlining our insurance provisions and ensuring that Town employees receive the best possible benefits across the board. FISCAL IMPACT: Below is a comparison of the Humana renewal and Florida Blue. RECOMMENDATION: Based on cost/benefit analysis, evaluation of service networks Town Staff recommends moving to Florida Blue: 1. Base Blue Options Predictable Cost Plan # 03768 and 2. Blue Options Predictable Cost Plan #03748 Buy-up Option. Last year, in response to escalating deductibles and healthcare expenses, the Town proactively increased its Health Reimbursement Arrangement (HRA) tiers by $250 at each level to mitigate the impact on staff. Now that these financial pressures have eased, the Town is poised to revert its HRA funding rates to the levels observed in previous years, ensuring consistent and sustainable coverage for all employees. Class Count Price Monthly Florida Blue Negotiated Renewal Humana $ Change Employee Only 15 682.17$ 10,232.55$ 122,790.60$ 127,931.40$ (5,140.80)$ Employee/Spouse 7 1,555.34 10,887.38 130,648.56 119,403.48 11,245.08 Employee/Child(ren)6 1,364.34 8,186.04 98,232.48 97,228.80 1,003.68 Family 16 2,182.94 34,927.04 419,124.48 436,675.20 (17,550.72) 44 770,796.12$ 781,238.88$ (10,442.76)$ % Change -1.3% Health Insurance Page 114 Page 115 File Attachments for Item: B. Ratification of Collective Bargaining Agreement (CBA) between the Town of Highland Beach and the Florida State Lodge Fraternal Order of Police, Inc. (FOP) Town Staff Agreement October 1, 2023 through September 30, 2026. Page 116 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE August 24, 2023 SUBMITTED BY: Town Manager’s Office SUBJECT: Ratification of Collective Bargaining Agreement (CBA) between the Town of Highland Beach and the Florida State Lodge Fraternal Order of Police, Inc. (FOP) Town Staff Agreement October 1, 2023 through September 30, 2026. SUMMARY: Enclosed is the Collective Bargaining Agreement (CBA) between the Town of Highland Beach and the Florida State Lodge Fraternal Order of Police, Inc. (FOP) Town Staff Agreement October 1, 2023, through September 30, 2026. The agreement has been negotiated in good faith and tentatively agreed to by the FOP and Town of Highland Beach negotiating team. The provisions of the agreement remain consistent with those communicated to the Commission via individual Commissioner meetings. In summary, the agreement reflects a marketplace costs adjustment and it does so without placing any additional unfunded liabilities (OPEB) on the Town. Lastly, the cost of the agreement was, and is, accounted for within the five-year forecast; that is, no milage rate implications. FISCAL IMPACT: Pursuant to CBA and five-year financial forecast. ATTACHMENTS: Collective Bargaining Agreement (CBA) between the Town of Highland Beach and the Florida State Lodge Fraternal Order of Police, Inc. (FOP) Town Staff Agreement October 1, 2023, through September 30, 2026. (formatting and spacing will be cleaned up post- execution) Page 117 RECOMMENDATION: Commission ratification of the Collective Bargaining Agreement (CBA) between the Town of Highland Beach and the Florida State Lodge Fraternal Order of Police, Inc. (FOP) Town Staff Agreement October 1, 2023, through September 30, 2026. Page 118 Page 119 Page 120 Page 121 Page 122 Page 123 Page 124 Page 125 Page 126 Page 127 Page 128 Page 129 Page 130 Page 131 Page 132 Page 133 Page 134 Page 135 Page 136 Page 137 Page 138 Page 139 Page 140 Page 141 Page 142 Page 143 Page 144 Page 145 Page 146 Page 147 Page 148 Page 149 Page 150 Page 151 Page 152 Page 153 Page 154 Page 155 Page 156 Page 157 Page 158 Page 159 Page 160 Page 161 Page 162 Page 163 Page 164 Page 165 Page 166 Page 167 Page 168 Page 169 Page 170 File Attachments for Item: C. RESOLUTION NO. 23-020 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING A MERIT INCREASE POLICY FOR NON-UNION EMPLOYEES AND AMENDING THE TOWN OF HIGHLAND BEACH SALARY TABLE; AND PROVIDING AN EFFECTIVE DATE. Page 171 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE August 24, 2023 SUBMITTED BY: Town Manager’s Office SUBJECT: RESOLUTION NO. 23-020 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING A MERIT INCREASE POLICY FOR NON-UNION EMPLOYEES AND AMENDING THE TOWN OF HIGHLAND BEACH SALARY TABLE; AND PROVIDING AN EFFECTIVE DATE. SUMMARY: Supporting documentation will be forthcoming. FISCAL IMPACT: N/A ATTACHMENTS: N/A RECOMMENDATION: Commission discussion. Page 172