ORDINANCE NO. 10-04 – Approved

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[ Code of Ordinances ]
ORDINANCE NO. 10-04 – Approved

ORDINANCE NO. 10-04 – Approved

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 7 RELATING TO FIRE PREVENTION AND FIRE SAFETY; AMENDING SEC. 7-60 – CODE ADOPTED; REPEALING SEC. 7-61 AND SEC. 7-62; PROVIDING A SEVERABILITY/ INTERPRETATION CLAUSE; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the State of Florida adopted a uniform fire code in 1996 eliminating local municipal fire codes; and

WHEREAS, the Town of Indialantic has not updated the fire codes adopting the current Florida Fire Prevention Codes;

NOW, THEREFORE, BE IT ENACTED by the Town Council of the Town of Indialantic, Brevard County, Florida, that;

SECTION 1. That Sec. 7-60 of the Code of Ordinances of Indialantic, Florida is hereby amended to read:

Sec. 7‑60. Code adopted.

(a) There is hereby adopted by reference and incorporated herein as fully and completely as though set out at length the Standard Fire Prevention Code, as promulgated by the Southern Building Code Congress International, Inc., being the 1994 editions together with Appendices A, B, C, and D, except for those additions or deletions already provided for in this chapter. Florida Fire Prevention Code which includes National Fire Protection Association (NFPA) 1, Uniform Fire Code 2006 edition and NFPA 101, Life Safety Code 2006 edition, and Chapter 69A, Florida Administrative Code, as adopted by the Florida State Fire Marshal.

(b) There is hereby adopted by reference and incorporated herein as fully and completely as though set out at length the National Fire Protection Association (NFPA) 101, Life Safety Code, 1994 edition, as promulgated by the National Fire Protection Association, together with all appendices, and addenda thereto, except for those additions and deletions already provided for in this chapter

(c) The Standard Fire Prevention Code and the Life Safety Code is specifically to be construed as being cumula­tive with all existing federal, state, applicable county, and town laws, ordi­nances and regulations now existing or hereafter adopted, or as amended from time to time. The Standard Fire Prevention Code and the Life Safety Code shall not be construed as an authorization for any construction which is now or hereafter prohibited by federal, state, applicable county, or other town laws, ordinances, or regulations.

SECTION 2. That Sec. 7-61 of the Code of Ordinances of Indialantic, Florida is hereby repealed.

Sec. 7-61.  Repealed.

Sec. 7‑61. Wet standpipe and hose systems required; standards.

(a) All buildings which exceed twenty‑five (25) feet in height or two (2) stories, whichever is least, shall be protected with an installed wet standpipe and hose system as prescribed in Volume 2 of the National Fire Codes, 1979 Edition. The standards for the installation of wet standpipe and hose systems are set forth on pages 14‑1 through 14‑26 of said volume and such chapter is also referred to as NFPA‑14. These standards are hereby incorporated by reference into this article as if set forth word by word in this section.

(b) This requirement does not eliminate the provisions for portable fire extinguisher installations, as prescribed in Volume 1 of the National Fire Codes, 1979 Edition, and same are hereby still required. Said provisions which are set forth on pages 10‑9 through 10‑14 of said volume are hereby incorporated into this article by reference.

(c) In case of mixed occupancies, the most stringent requirements shall be met throughout the building unless the occupancies shall be separated by a fire wall of a time duration reasonably satisfactory to the fire chief. Such fire wall must be able to prevent the spread of flame or smoke from one type of occupancy to another.

SECTION 3. That Sec. 7-62 of the Code of Ordinances of Indialantic, Florida is hereby repealed.

Sec. 7-62.  Repealed.

Sec. 7‑62. Fire alarm systems required.

Fire alarm systems shall be installed in accordance with the Life Safety Code portion of the National Fire Codes, 1979 Edition, in every apartment building, unless provided with automatic sprinkler protection in accordance with section 6-4 of the said Life Safety Code, or unless provided with automatic fire alarms in accordance with section 6-3 of the said Life Safety Code, if such apartment building is more than two (2) stories in height or more than twelve (12) apartment units. Such alarm systems shall be connected to a central fire alarm dispatch center to be designated by the fire chief.

SECTION 4. Severability/Interpretation Clause

(a) In the event that any term, provision, clause, sentence or section of this Ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality, or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this Ordinance, and this Ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or section did not exist.

(b) In interpreting the provisions of this Ordinance, the following rules and

symbols shall apply:

(1) Words underlined are additions to existing text.

(2) Words stricken through are deletions from existing text.

(3) Asterisks (* * *) indicate a deletion from the Ordinance of text existing in the Code of Ordinances. It is intended that the text in the Code of Ordinances denoted by the asterisks and not set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance.

SECTION 5. Ordinances and Resolutions in Conflict. All ordinances or resolutions or parts thereof that may be determined to be in conflict herewith are hereby repealed.

SECTION 6. Effective Date. This Ordinance shall become effective immediately upon adoption.

PASSED by the Town Council of the Town of Indialantic on first reading the ____ day of ___________, 2010, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the _______ day of ______________, 2010.

TOWN OF INDIALANTIC

________________________

David Berkman

Mayor

ATTEST:             ____________________________

Laura Eaton, CMC

Town Clerk