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Res No 102-10-13136Resolution NO. 102-10-13136 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the Acting City Manager to execute a service contract with Arco Electronics, Inc. for three consecutive years for Fire Alarms Maintenance and Monitoring at the Gibson - Bethel Community Center, City Hall and Police Department in the amount of $6,360 per year to be charged to Public Works Contractual Services Account Number 001- 1710 -519 -3450; providing for an effective date. Whereas, Changes in Miami Dade County Code Sections 14 -66 and 14 -67 require occupancies with existing fire alarms and fire sprinkler systems to obtain a contract for the maintenance of fire alarms and suppression systems in existing buildings; and Whereas, the Mayor and City Commission wishes to comply with Miami Dade County Code Sections 14- 66 and 14 -67; and Whereas, Arco Electronics, Inc. was selected as the lowest responsive bid vendor to provide fire alarms maintenance and monitoring to the Gibson - Bethel Community Center, City Hall and Police Department; and Whereas, the expenditure be charged to Public Works Contractual Services Account Number 001 -1710- 519 -3450, with an account balance of $17,915 before this request. Now, therefore, be it resolved by the Mayor and City Commission of the City of South Miami, Florida that: Section 1: The Mayor and City Commission authorizes the Acting City Manager to execute a service contract with Arco Electronics, hic. for three consecutive years for fire alarms maintenance and monitoring at the Gibson - Bethel Community Center, City Hall and Police Department in the amount of $6,360 per year to be charged to Public Works Contractual Services Account number 001- 1710 -519 -3450, with an account balance of $17,915 before this request. Passed and adopted this 4 day of May 2010. 111. WE Read and approved as to form and sufficiency: C ATTORNEY Appr ve % Mayor (� Commission Vote: 5 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: Yea �s °orR South Miami bftd F gy Il/AI alcam s CITY OF SOUTH MIAMI 1' 1 [ C OFFICE OF THE CITY MANAGER i �`O1`9P INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City Commission From: Rodolfo de la Torre, Acting Public Works Director Via: Roger M Carlton, Acting City Manager Date: May 4, 2010 Agenda Item No.: Subject: Fire Alarms Service Contract Resolution: A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the Acting City Manager to execute a service contract with Arco Electronics, Inc. for three consecutive years for Fire Alarms Maintenance and Monitoring at the Gibson - Bethel Community Center, City Hall and Police Department in the amount of $6,360 per year to be charged to Public Works Department Contractual Services Account Number 001 -1710 -519 -3450; providing for an effective date. Request: Authorizing the Acting City Manager to execute a three year service contract with Arco Electronics, Inc. to provide fire alarms maintenance and monitoring in the amount of $6,360 per year. Reason/Need; Changes in Miami Dade County Department Code Sections 14 -66 and 14 -67 requires for occupancies with existing fire alarms and fire sprinkler systems to obtain a contract for the maintenance of fire alarms and suppression systems in existing buildings. Presently the City's Gibson - Bethel Community Center, City Hal"olice Department's fire alarms systems are monitored and certified by an outside contractor and maintenance is provided on as needed basis rather then thru an on -going maintenance contract. In order to comply with the Miami Dade County Code changes, which now require an on -going maintenance and inspection program, the Public Works Department has obtained quotes from three qualified vendors for the required fire alarms maintenance contract. Arco Electronics, Inc. was selected as the lowest responsive bid qualified vendor to provide fire alarms maintenance and monitoring to the Gibson - Bethel Community Center, City Hall and Police Department. Arco Electronics, Inc. $6,360 per year Alii Electronics, Inc. $7,800 per year Fire Alarm Specialist, Inc. $12,990 per year Cost: $6,360 per year. Funding Sources: Public Works Contractual Services Account Number 001- 1710 - 519 -3450 with an pccount balance of $17,915 before this request. Backup Documentation: ❑ Proposed Resolution ❑ Miami Dade County Code Sections 14 -66 and 14-67 ❑ Contract proposals ❑ Miami Dade County Ordinance No. Feb 1.7 2010 10:38Rm CENTRAL STATION 305- 223 -5160 p,4 3 South Miami City Hall 6130 Sunset Drive Miami, FL. 33143 MOON rORINC '4VrM SERVICE AGREEMENT SERVICES P12OVWED). • Monitoring and Maintenance Fee: 5265.00 monthly • Monitoring and Maintenance Fev: $3,180.00 yearly or 5745.40 Quarterly • Runner response (2 to 4 hours) • Service man on call: • Annual Fire Inspection and Tag as required by local lire Department and building code. • Annual U.L. Inspection as required by U.L. • Annual Certaalcagon and documentation as required by U1. ifappticable • Contract covers labor, equipment, parts and components.. • Contract does not cover Vandalism, Acts of Gal (lightning, hurricanes) • contract complies with Miami -Dade County Code Notet • Customer must provide access to Fire Alarm panel, including gate access codes, meter room keys or lobby acce m + Carreatfi a alartN system asgrandfatheredirr aatdda riot ap to U..L. Code or Miami -Dade Firr-Alarm Code: All work preformed w bringfere alarm system up to carrram 77 L, Conde or Wamj -.Dade Owe Alarm Code welt have additional ca&__ • iru - 4larm SybYetm: P wd imusY not be locked and # keke d lastadl codes must he provided or wilt have to'charge for new parcel c t Ot ephaae lines are"eirerd, one Jhze mays be a dedicated fine for the Jive alarm • U.L. Dialer; Silent Knigbt Model 5144 $460.00 Installed ARCG ELwTRONICS, INC. IITy BY. Autboriud Rcptrsanta6ft ofoo tmdw F7atiT.?i6 "rii:Tat 3965 SW t.1& Ave, Mlamc, F1.33165 O Tel: (305)223-256t -Fax: (305) 729 -4071 o Toll Free, (888) 329 -2726 + lyeb: h •Jf_%MM.arooweb.MM • Email: ia£ `a••a[iwab c. , South Nflami City Haft 6130 Sunset Drive Afiami, FL. 33143 EmeMengy Contact List- Hm- ppk-. PP# wVw ppa Feb 17 2010 10:371911 CENTkfl L. STATION 305 -223 -5160. F.2 ARCO Eleetronics, late. wee BURGLAR AND FIRE ALARM SYSTEIV9S SECURING YOUR FUTURE Fire Aiarnrr Monitoring and Service Agraarnent CONTRACT COMPLIES ItWrrHIIIIIA IDADECOUNrYCODE This agreement made this 16 day of �e�r{acy, 20 90, by and between ARCO ELECTRONICS, INC:. hereinafter salted the Contractorand South Miami City Halt hereinafter Called the Subscn -ber, wheMh it is muhralty agreed as follow: For the consideration and covenants hereinafter specified, the part" hereto do, for t ernsalves, their successors and assigns, mutually covenant and agree as follows; . The Corhlrardor agrees m the Service and Moratcring of the Fine Alarm System installed at the. premises of the Su sseritierioc u ut at_ �tagStana ,,10e III rat StateofForida 33943 Service' agreement shelf c orrasposd solely to tabor. Replacement or repair of any pads; devit"as, components of the systern shat 60 diargW separately and based current : price W. The system shalt be maintained as specified by the authorities having jurisdiction (AHJ). and in acrnmdanoa with NFPA 72, 2402 Edition 8.2,1 The following services are included in this - contract: Fee Alarm Service Pnwtdect: Ci MOW17 1ZING 014LY(eA$K) O LOCACSysmm ' WHROFUNG With SERVICE AW-ON RUNfirR SERVICE _ 1. The Subscriber agrees to pay to the ComrscWr a monthly charge oft 285.8ti plus tax per month, O,MMencing . upon completion of the Installation if any and acxceptarce of an operational system by the subscaioet. Monthly charge will be billed each month in advance and.ase payable on the first day of each month . thereafter until termination of this agmemenf which is terminable at ft end of 'Yfhrce your(s) and strati without further writing, be renewed- and todended for like periods unless thirty days prior notice In writing of desire to terminate is given by ether party to rite other. The Subscriber hereby agrees that the Contractor shall have the right to increase or decrease the annual charge for herein at any tkne or times after the expiration of one year from. the date such system Is operative under this agreement or after one year from the effective date of this agreement if an effective date is herein specified: upon given the SubscnTyar writtan notice thirty days in advance of the effective date af,such increase at decrease', and if the Subscriber is ummiNing to pay arty such Increased charge, tho Contractor may cancel the then un- expired term of this agreernarA by notifyirg fh , Subscriber in ivritng. thirty days prior to, the otherwise effective date of any such increase. it is further agreed and understood that the Contractor has the right to discontinuance of service and monitodng in the event the Sufxscdberfa to 1 If the system is provided, with at of the devices and equipment and wire faraiGes aecessmy to frensmit alarm signals, the Commactar WM monitor signals from this device and equipments an a 244mr basis. The Subscriber agrees to furnish the coruractora fist of names and felophorte numbers of persons vrho shat) W notified by the contractor in the event. the atamh signef is received at the Comracfor's. Cenbal Station. The subser Fier agrees that this 1st must bet posted new the Fire Alarm panel. Contractor notifies promptly the appropriate ponce or fire depariroont and designated representative of the Subscribar. 3, The Subscriber will periodically fast The system and shelf notify the Contractor p on" of any condition requiring the Contradoet, attention, in addition. the Subscriber agrees that the system must not be atered in any Way that voill prevent It from complying with NFPA and the AHd. 4. The Contractor agrees to service the system when called by the Subscriber and to make ail repairs to the systems, which' are needed as the results of nonrial and proper use. 5, It Is mutually agreed that all work shall. be performed during Me Conh'ae:Ws standard working days and hours only, unless the Subscriber-directs otherwise, in which case the Subscriber hereby agrees to pay to the Contractor any resuftng increased cost, InoWng the response to sorvfae related issues byuie condrector's runners. Additional services shaft incutr and adddfonal cost. S. The Contractor wilt exercise reaso able alto is ip mr dedng service under this agreeme k,. but shall r of be Habie far any damages arising out of delays and h no event shall be liable for consequential damages. ]. Service performed hereunder shall consist of Jabot covered by the agreement and fruniawng of the parts, at additional 004 necessary to restore the system to normal operating condition. There is no obligation to ttnntsh service if the need therefore has been resulted front abnormal usage of the system orfram ifs operations under abnormal carnations. S. This agreement does not ewer service, repair or replacement necessitated by any loss or damage resuhing from any cause beyond our control. Including but not limited to loss or damage due to fire of any origin, stater, windelomr, hat, fighting, earthquake. theft, nagtlgence, riot, mtause orany rrifrar peril or unatdhodzad repairs by others. The Con raclar is in no way oisligatod to serving Or repair ariy device not Installed by the Contractor. g. The Contractor assumes no Rablifty or responsibility in anyway for interruptions ' of service due to strfkes, riots; Roods, fires, Gets of God, or any cause beyond the control of rte Contractor andwill not be required to supply service to the Subscriber'whlfe InGarntption of service due to any cause shelf continue. 10. in the event the Contrardar represerrketve is sant to tha Subscriber promises to response to a service Issue caused by She Subscriber Improperly following operating instructions, cr an 910" Or trouble condition as a result of a received signal or called In by the aubactaser; its agents, or atenant, there shall be a service charge to the Subscribm 11. M the event that ARCO ELECT ONIC -% INC., ptevel s In any litigators arising as a result of this contract,. Subscriber shaft pay any and at attorney's fees. Incurred by ARCO in defending saki litigation. It is understood and agreed by the parties hereto that Contractor Feb 17 2010 £0:37Ati CENTRAL STATION 305- 223 - -5160 F.3 is net on insurer and that inatsence. if any, covering Personal injury and property lass or damage on Subscriber's prenuses shat6 be obtained by the Subscriber that the Contractor is being paid for the S6rvtm of a system designed to reduce certain risks of loss arid'. that the amounts being charged by time Contractor are not sutfucsnt to guarantee that no loss will oc=; that the Contractor is not assuming responsibility for any losses which may occur even it due to Coniracuors negligent performance or failure to parfrrm any obligation under this Agreement. THE CONTRACTOR DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, INCLUDING AW IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, THAT THE SYSTEM OR SERVICE SUPPLIED R4 NOT BE COMPROMISED, OR THAT THE SYSTEM OR SERMCES WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INTENDED. Since it Is Impractical and exlremety dtfficua to fix actual damages: which may arise due to the faulty operation of the system or faltura of services provided, 1, notwithstanding the above provisions, theca should arise any liability on the part of the Contractor, such liability shall be fianited to an amount equal to am haft the annual service charge provided herein or $250,. Whichever is greater, This star shall be complete and exchrspie and shalt be paid and received asliquidated damages and not as a penalty. 12,. The Subscriber agrees to pay in addition to the charges above any false alarm assessmards, . tairas, fees or charges that are imposed by any governmental body, relating to the installation or service provided under flds agreement and any telephone company wire faCtfitias necessary to.transmit alarm signals to and off premises point located at ARCO ELECTRONICS, 1NC, The Contractor resari s the tight to have the telephone company bile subscriber directly for them lacility charges. 13,, 13UYEFVS RIGI4T TO CANCEL: Thin is a home solicitation sale, and if you do not want the goodser services, you may card this agreemerd by providing wrideo notice to the setter in per som by telegram, or by mail. This notfce must Indicate that you do not want the goods or services and must be delivered or postmarked before midnight of the third business day after you sign this agreement if you cancel this agreement, the saner may not keep all or part of any, cash down payment.' 14. it Is understood and agreed by the parties hereto that any suit against Contractor (Central Monitoring Company) has to be fired mwitt'in one (t) year after accrual of action. 16. TRANSMISSION FACILITIES: Customer acknowledges that the Contractor utilizes telephone line; radio transmission or selel to transmission to transmit the signals from customers alarm system to the CONTRACTOR'S CENTRAL STATION.. in the evert of cuslome(s telephone service is out of order. disconnected or any of the transnuseion services am matfunctioning or otherwise Interrupted, or radio wave transmissions am not received due to interference or if the antenna of the tranarof ter are inoperative; signals from cuslomer's alarm system will not be received by the. Conttracuir, during arty moor interruption. 16. It Is understood and agreed by the parties that the responsibilities of the Contractor are limited to communicate or respond to an alarm signal. 17. THIRD PARTY INDEMNIFICATION: In the event any person not a perry to this agreement shall make any claim crfile any W ArzL it against company for any reason retalirrg; to Company's dodos and obligations pursuant: to this agreement fncluding, but not bruited fo, the design; installation,: service, monitoring, operation or non - operation of the alarm system, Customer agrees to defernd, indemnify and hold Company harmless from any and alt such claims, injurfss, damages and lawsuits inducting the payment of all damages, azpalrsas., costs Y;�nNW� mes. This pravlsicgn shag apply to all claims, lawsuits, injuries or damages. rasutking inane son, including chose b. obof avarrarriarot Sn oits inponenr paparagraall not srpply to cfairrrs far loss, inludas or darnsgas vrtrkdt loss, injury ar damage ocarrs vdrsla an erz'rp9'oyee of the Company isprasant on Cusomars pramiaea acid which dairrage or' lava Is caused solely acrd diracUy by gie amptoyaeof the Company ai that tirrre. 18. ACCELERAnON CLAUSE: The faitiur<o pay three or moos monthly payments on this agreement shall result in a default under this contract and all present and future payments due under ibis agreement shall immadiatefIr became due and payable. At sums due and payable shall bear Interest.at',the ma)dmuni rata allowed by the law. 19, This Service Agremeni is not binding unless approved In writing by an authorized representative of the Company described above as the Oontracior.. 20. This agreement may be terminated at the option of the Contractor at any time in the event that the Contractors Central Station is destroyed or substantially dernaged by fire or other catastrophe wbere it is impractical' fa continue service, . or in the event that the Contractor is unable- either to secure or retain the cormecHans or privileges necessary for the transmission of signal by means of conductor between the Subscriber's premises and the Contractors Central Station, and the Contr:- or shall' not fie liable for any damages or subject to any penalty as a result of soon termination, 21. This agreement shall supersede and cancel all previous agreements between tha Contractor and the Subscriber and any modiflostion hereof must be in writing and signed by the parties herato. 22. There are no verbal understandings or modifying any of the terms of this agreement. 23. Subscriber agrees to provide full access to the fire alarm equipment, including gate access cafe, meter room keys. and lobby access. 24. Subscriber further agrees and authorizes Arco to perform the necessary services to the fire alarm system In compliance with M.iamiDade County code Wth. regards to runners or servicemen dispatched in response to ate" conditions Within 2 hours and trouble condlllons within 4 hours. BEFORE SIGNING THIS AGREEWNT, PLEASE READ CAREFULLY THE CLAUSES, TERMS & CONDITION$ STIPULATED ABOVE, .ARCO ELECTRONICS, INC.. SUBSCRIBER By Authorized Represantallvo of Contractor I .. .... -.-- .. .. ........... Feb 17 2010 lo: 39flM CENTRAL STATION 305-223-51G0 P�$ SERVICES PROVIDED- ARCO Electronics, Inc. B"GLAR AND FIRE, ALARM SYSl-EMS Gibson-Bethel Conununity Center 5800 S.W. 66m St.. Miami, FL. 33143 MONITORING WITH SERVICE AGREENWNT * Monitoring and Maintenance Fee., $265.00 monthly . Monitoring and Maintenance Fee. $3)180.00 yearly or $7".00 Quarterly 0 Runner respouse (2 to 4 bourg), - Service man on 0411, 0 Annual Fite Inspection and Tag as required by local Fire Department and building code.- o Annual U.L. Inspection, as required by U.L. P Annual Certii cation and doementation as required by UL. if applicable o Contract covers labor, equipment, parts and componeum * Contract does not cover Vandalism, Acts of God (ligbming, hurricanes} a Contract complies with; Miami-Dade County Code Note: • Customer mWtPmvW access torlre Akwas Pww4 wawAng gate weegs codeg, mder room keys orwby ace'm • CurrmffwO alarm *Wem is Not PP to IJL Code due to thefire a1ampand cabbi-et kas had koks Arid iawtwO of asiogg *e knock ol.d pupwher already on: fike ambilw-1 • EleeZrkill connections made inside of Me fire afwm paner eabjwd are not up to V.Z Code: o A courtesy} bapecgog evidd be made yrrequestgal to detgrMiae whow work w0aldhave to be Prefomwdix order 47 brav thefire alarm system Isp to current ax, Code, All workpreformeat Ohrbygflre alarm system up to current u-L Co,& or N&pa-!lade Fire Alarm Code will have addAiowal costs. • Fire Affirm Systempaoej jtfust not be juaga and if locked hwaff codes mug be prar,jded or there wiff he a charge fair new paneL • AnyjW system that is not AW to Fire Code or UL. Reqa&ememg will have a charge accordingly to comply with' requirewwwr ARCO ELECTROMCS, INC. SUBSCMER of cowmcwr 33905 SW I ICP Ave, Miami, FL 33165. * TLT: (305) 223-2$61 • Fwv. (305) 229-4071 • Toll Fro--: (889)320-2726 a Web: hW:i/www.mroweb.cam a Email: Ln aweb.com 177%r-AW frxv ra t c r Miami, E_; erokney Contact �LJ PP# MINT I Feb 17 2010 10:38RN CENTRAL, STATION 305-223 -5160 t,,.8: 5 .AR CO Electronics, Inc. r $GRCLAR AND FIRE ALARM SY'STE74fS SP-CURING YOUR FUTURE Fire lltatttt Monitoring and Service Agreement CONTRACT CCNPLIES WIT" MIA MIDAOE COUNTY CODE This agreement made this 16 day 0 Eg�bgltiinj 2Q10 by and between ARCO ELECTRONICS, RONICS, INC., hereinafterpEled the Contractor and Gi- - Commnni#irCerhfar hsmlrlafier caged. the Subscriber, Fein it is muf Tally agreed as fctlaws: For tire- oonsjdenstian and Covenants heieinaffer spacifted, the parties hereto do, for themselves, their sucrossors and assigns, mutually, covenant and agree as IbRows: The Contractor agrees to the Sery ice and Montoring, of the Fire Alarm System installed atthe premises of the Subscriber located at_ 68008, .19ffi'r' Sr Miami Stale of Florlda 4*Ag 11 Service agreemenf shalt correspond solely to labor. Replacement or repair af. any pads, devices, components charged sisparately, and based Current price list. The m shag be maintained as of the system shat! be system specfftad bar the authorities having junsdlcton (AiT f), acrd to accordanaa with NF#�A 72.2W2 Y2 Ed f bn 8.23. The fogowing services are Included in this conirpt, 0 MONITORiNGONLY(gASIC) 0 LOCAL SYSTEM —� w MONITORING With SERVICE JW Anmow RUNNER SERVICE 1. Ttre Subaca ber agrees to paY to ttie Contractvr a monthty charge of $ _ 2$8.8U . nfus Fmc per moron. commencing . upon completion of Me installation if any and acceptance- of an aperationa! system by the subscriber. Monthly charge will be, bitted asdi month in aduahaa:. and are payable an the first day of each. month thereafter until termination of this agreement, Which is terminable at fife -arid of _ tSk Thr�e year(s) and shatl with tuitfter writing, be renewed and extstnddaedd for like pedals unless thirty days Per rchoe aT hvrtirig of desire is tern "orals. ts'gieen by sittu;r pally in the aihor, Tfia Subsodbor hafeby .agrees fhaE:the Corrtr'atkor shag hsva the dgtmt to inis'easa ar decrease the accost d+arge tar herein¢ at any tirna dr ttmas attar ttfe azp'rration of ores: year tram 8ia Clete 81"c i $ ystem fs oparatfvc under inns agnaa{nerrt ar anon one year from Ina. oftaoHve dat'e of this agneornerd- ii an effective date fs herein speciiiad. upon given. f$a SuGStgft�r written rrofiea thirty days in advance cities etfediva date of sutdi urareasa ordeer+aase, and Hits Sutsaibar is umglPfng !d pay arty'suclt Inmrxectsad _rdmrga, the Contracor may cancel iha than unirad inn of this agrearnarit by'nnNFyfing the Subscriber in:wdting thirty days prior to Ina a'Nrarwise otieetiva daps: of any auetf incrrasa, it is fudhar agreed and t7ndon tood !Fiat the Doemttactar tree the rir hE. to dtscorftinuance of service and manitodng (ri 6fe avant#ia Strtrscribar fairs 2a 2, it the system is prouidad`hvdh ail of the devices and equipment and Wire fecirides necessary to transmit alarm signals, ft Crurksckar va311 monitor s goals from this device and equipments an a 24 -hour basks The Subscriber agrassto fumisti lire Cant adtar a Fist of nertses aril telephone ntsnfaars of parsons who snag be rwb9led by the contractor in the event the alarm signal is teeeivadat the ConaacloYs Central Sfation. The subscriber agrees that t€us fist must . be posted near the litre Aterm Panel: Contractor nettles Promptly the appropriate police or fire, department and designated representative of the Subscriber. 8. Thee Subscriber;witt periodically test the systam and shag notify the Contractor prpnTeyof any canditian requiring the Contractor'$ aderftton. In addition, tha Subscriber agrees that the system must not be aftered in any way Bret will prevent it from complying with NFPA and the AHJ. 4. The Cohbaztor agrees -to smica the system wdhart caged by they Subscriber and to make all repairs to the systems, wdaich are needed as the results of normal and proper use. 5, H is mutually agreed that all work shall be performed during the Conbacdats standard Working days and hours 0*. unless The Subscriber directs otherwise, In whloh case the Subscriber hereby agrees to pay to the Canttact<x any resuf ing increased cost,. Including the response to service refateri issues by the.ccintna Aoes runners,, Additional aervioes shalt incur and addHiohal cost B. The Contcauior WIN exercise reasonable efforts in rendering service under this agreement, but shag not be Ifable for any damages 9rfslti9 out Of delays and In no event shag be Polite for eangsquantial damages. T Service performed haraunder shag consist of fabor cwerad by the agreement and fitmishing of Ole pans, at adofthai cost, necessary to restore the system to normal spending condition. There Is no obligation to furnish service if the need thawbre thas been resulted from afrromfai usage arthe system or from its operations under abnormal conditions. 8. This: agreement does riot ewer service, repair or repisceraerft necessitated by any loss or damage resugi nom an cause beyond our control, including but not limited to loss or damage due to fire of any origin, water, wfndstamr, half, tit roil, earthquake, theft, rragigeq ce, riot. misuse or any other peril or unaulUx i ted repairs by others. The Cif nectar is In no way obligated to'serviee or repair any device not installed by the Consacbx 9',.T he Contractor assumes I* Pabifity or responsibility in sryweY for interrupiiora of service due to strikes, riefs, floods, Tres, acts of God, Or err/ Cause beyond the contil of the Centel dor and wilt not he requited to supply service to the Subseribarwhile frdenuption of service due nix arty cause shall continue. f¢, In Uid event the Contractor repmen aave is sent to the Subsc ri yer premises in response to a service issue Caused by the "zCTiber ertpr0perlY1b fawing openaffnif insitrn fi cis or an alarm or Imubia condition as a result of a received signal or called in by the subrxxfbet Its agents, or a tenant, thane shag be a rarvicx charge to the Subsoc;ber. reb 17 2010 10:388M CENTRAL STATION 305- 223 -5160 p.7 i 1. in the event that ARCO ELECTRONICS, RONICS, INC., prevails in any litigation arising as a result of this contract, Subscriber shall pay any and aft aftmay's fees incurred by ARCO in defending said IitigatiorY. It is understood and agreed by the parties hereto that Contractor is not an insurer and that Insurance, if any, covering personal injury and property loss or damage on Subscriber's pretribses shall ba tiMa'sted by the Subscriber, drat the ContmctDr is being paid Par the Service of a system designed to reduce certain risks- of loss and that the amounts tieing charged by The C ntmotair are not sufficient to guarantee that no toss V41 occur; that the Contractor Is not assuring responsibility for any losses Which may occur even if due to Conhactoeg negligent pe ionnance or failure to perform any obfigiatigrc under this Agreement. THE CONTRACTOR DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS,, THAT THE SYSTEM OR SERVICE -SUPPLIED MAY NOT BE COMPROMISED, OR THAT THE SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE THE PROTECTION FOR Wfi3CH IT IS WENDED, Since it is impractical and extremely dif =lt to fie actual damages which my arise dice to the faulty operator of the system or failure of ,services provided, if, notwithslanding the above provisions, there should arise any liability an the: pact of Ohs Contractor, soch liability shall be limited to an amourrf equal to one half the annual service charge provided herein or f, whichever Is greater. This sum efrall be complete and sitclusive and shalt be paid and received as liquidated damages and notes a perr•:i4y.. 112„ The Subsziber agrees to pay in addition to the charges above any false alarm asssasmeats, taxes, fees or charges sisters, imposed by any governmental body, relating to Via instedavon oi, service provided under this agreement and any telephone company Wks fadkl necessary to transmit alarm signals to and off promisor point located at ARCO ELECTRONICS, INC. The Contractor reserves the right to have the Wophone company £x n subscriber directly for these facility charges. 13.. BUYER'S R1014T TO CANCEL: ''finis is a teams solicitation sate, and if you do not want the goods or services, you may cancel this agrettrnent 6y providing ivrdton rwtiea to the saner m parson, by telegram, or by mail- This notice must indicate that you do, riot event the goods or services and must he delivered or postmarked before midnight o€ the th£rd.business day after you sign this agreamenL It you careen this agraement',.the seller may not keep all or part of any, cash down payment.,. 14. If is understood and; agreed by the parties iterate, that any suit against Contractor (Central Monhoring Companirl has to be filled within one (1) year after acrzaal of action - 18. TRANSMISSION FACILITIES: Customer acknowledges that the Contractor t4lizes telephone line, radio transmission or safelnte transmieaton to transmit the signals front customers .. alarm system to the CONTRACTOR'S CENTRAL STATION. In the evert{ of customefs telephone service Is out of order, disconnected or any of, the, hansrtilss£on services are malhrncrioning or ofharrrise Interrupted, or radio wave transmissions are not received dire to intari6mrire or if the antenna of the transmitter ass inoperative, signals from customer's alarm system will not be received by the Czritmokor. during any such Interruption. 16. It is undemc od and agreed by oho partiesihat the respons'ib£lities of the Contractor are limited to Communicate or raspond' to an alarm signal. 17. THIRD PARTY INDEMNIFICATION: in the event any parson not a party to this agreement shall make, any claim or fits any lawlsuif agalmat company for any men Or, relating to Coropany's dutias and obligations pursuant to this agreement Including, but not limited tow life ales gn imstatlagon, 6a tier; monitoring, operation or non-operation of the alarm system, Customer agrees to defend, inderratlly and', imUf Comparry harmless from any end aft such claims, injuries. donnages.: and lawsuits Including the payment of all damages, . expanses, costs and ahomoys' fees. This provision shag apply to all claims, lawsuits, injrutes or damages resulting there frurn. Including these based upon. The active or passive mregiigence of the Company, its agents, servants and employees; any alleged breach of warmly, or contract an the part of the Company; or any allegation of strict or product liability rotating to the alarm system or its compphit nt parts. This paragraph shall nut apply to ctalms ror loss, injuries or damages which loss, injury or damage occurs while an employee of the Compatsy is. present on Customers premises and which damage or loss is caused solely and directly by the employee of the Company at that time. 18. ACCELERATION CLAUSE: The failure to pay three or more monthly payments on !his agreement shag result in a default under this.contrea and all present arid future payments due under this agreameni shall immediately become dire and payable. All sums due and payable shall bear Interest at the madrrtum rate allowed by the taw. fg. This service Agreement is not binding unless approved in writing by an authorized representative of the Company described above AV the Cdxrlmctor- 203 This agreement may be torm£naTed et the option of the Contractor at airy time in the event that the Contractor's Central Station is destroyed or substantially damaged by fire or other Catastrophe where it is impractical to mntnue servlca, or in the event that the Contractor is unable either to seem or retain the corrections or privileges nary for the transmission of signal by means of conductor betweer't the subscribers premises and the Contractors Central Station, and the Contractor shall not be liable for any damages orsubject to any penalty as a result of with trvmination. 21. This agreement aW supersede and cancel All previous agreements between the Contractor and the Subscriber and any modification hereof mist be in Waiting and signed by the parties berate. 22.. There are no verbal understandings or mceffying any of the terns of this agreement. 23. Subscriber agrees to provide full access to the fire alann equiptnant, including gate access rode, mater room keys, and lobby access. 24. Subscriber further agrees and authorizes Aron to perform the necessary services- to the fire alarm system in cmmpfiance with tGfamFDede Courtly code Will regards to runners or senrloomen dispatched in response to alarm conditions within 2 boos and trouble conditidams w"rfhis a hours. BEFORE SIGNING TMS AGREEMENT, PLEASE READ CAREFULLY THE CLAUSES, TERMS & CONDITIONS STIPULAXED ABOVE_ ARCO ELECTRONICS. INC. SUBSCRIBER By Authorized Representative of Contractor 285 N.E. 185TH STREET SUITE # 23 MIAMI, FLORIDA 33179 Office Line 305 -654 -8484 Fax 305 -654 -9799 E-Mall.affi@beilsouth.net or sarnbenomry0yahoa . com Dated: January 7, 2016 Gibson- Sethel Community Center 5860 S.W. 664' Street & Miami, F1339Q3 Attn: Rudy Phone: (306) 796 -IS43 Email- rtorre @cityofsouthmiaml.net Dear Mr. Ref #y: ;r - f I'll... A:(• It was a pleasure meeting you this morning. As per out conversation, and your request, here is our proposal for your review. if you should require additional information, please contact our office. Thank you. I. Monthly Monitoring fee of $75.00 per month Total X900 00 for the ear. . 2. Maintence Agreement will he 9250.00 near mnnfh _.Tn#ai $ne 6hn vnh 4PARTNER WITH, ff,... AND EXPERIENCE WHY WE ARE THE NATION'S FASTEST GROWING SECURITY SYSTEMS COMPANY. 285 N.E. 1857" STREET SUITE # 23 MIAMI, FLORIDA 33179 Office Line 305-654 -8484 Fax 305 -654 -9799 E -Mail alfi- @bellsouth.net ors The Specifications, Conditions and Prices Sales Presented in This Proposal Are Accepted As Indicated by the Signatures Below. Affi Electronics, Inc. Is Authorized To Perform The Project As Specified Within This Proposal, With Payment Made As Outlined In The System Investment Summary Section Of This Document. Accepted By. (Please Print Signature Where Indicated and Fax It Back To 305- 654 -9795) Client: Gibson - Bethel. Community Center. Affi Electronics, Inc. Signature Signature Date Date 4PARTNEP WITH A1$.,.., AND EXPERIENCE WHY WE ARE THE NATION'S FASTEST GROWING SECURITY SYSTEMS COMPANY. 285 N.E. 185TH STREET SUITE # 23 MIAMI, FLORIDA 33179 Office Line 365-654-8484 Fax 305-654-9799 E-Mail alff@b llsouth,net or sambenomty@yahoo.com Dated: January 7, 2010 City of South Miami Police 6130 Sunset Drive Miami, Fl 33143 Attu; Rudy Phone: (306) 796-1643 Email*rtarrogeltyofsouthmiami.not Dear Mr. Rudy- it was a. pleasure meeting you this morning. As per our conversation, and your request, here is our proposal for your review.. if you should require additional information, please contact our office. Thank you. rogues 4. 2. 3. 4PARTNER WITH. AND EXPERIENCE WHY WE ARE THE NATION'S FASTEST GROWING sEcuRn-Y SYSTEMS COMPANY. 285 N.E„ 185Tm STREET SUITE # 23 MIAMI, FLORIDA 33179 Office Line 305- 554 °8484 Fax 305- 654 -3794 E -Mail aif Obellsouth.net or sambenomry @yahoo.com nY� The Specifications, Conditions and Prices Sales Presented in This Proposal Are Accepted As indicated by the Signatures Below. Air Electronics, Inc. Is Authorized To Perform The Project As Specified Within This Proposal, With Payment Made As Outlined In The System Investment Summary Section Of This Document Accepted Bya (Please Print Signature Where Indicated and Fax it Back To 305 -054- 9799), Cllent: City Of South Miami Police . Alfi Electronics, Inc, Signature Date Signature AIPARTNER WITH Affl, ,, AND EXPERIENCE WHY WE ARE THE NATION`S FASTEST GROWING SECURITY SYSTEMS COMPANY.. Feb 1610 12:OOp FAS 3052272909 p.2 CIWOMER• Gipson Community Center 5800 SW W street MF-Vn FL 33143, ContartPerson. CarfosHerrar4ez Phone : 305-6.63,050 Fax #: 305.668 °7208 COW- 78Yr367 -4933 ! ♦^ ; } "Serving you today for a safe tomorrow" n( LIFE SAFETY RMM SERVICE AGRF MEW effecttve Pate; _._.._ _ E. cpirabon Pat:: Ater flouts Contact Person Name Phone Z- _....�..__��._. This service agreement is made between Gibson Community Center (orated at 3500 SW Est' Street Miami, FL 33193 at hereloOfler referred to as Cusdurt and Fie Alarm. Spedailsta, Iir, hereinafterreferred to as FAS, IM on this, day of 7SI --- "r Annua!'restand C.Pr4ifrcat:iolr of Ure F➢ Atdrm Svst�n CNdrsted order Luis contrail; Ttis inspection wifi include testing every devices to ensu.� that they are finrduxdirg txrrpsty, A deta(terJ report w9f Ne provided afier thr lr<;frection has - tree,~+ competed as renuued try the AH7 CAlriiroriLy having 7unsdic5an); NFPAstandards and Underv:Nfers coon; atories (ULY• This rePntE wiu prOVii3e a lie[ of any derices rfYat have been found rxi to tie fiuttaoning properly FAS, Inc. vdli atsn Provide (fie Customer with ari authorization prrra�l tc wrrett ihesa da0ciendes,. iE any, octane any arod: is to be performed, +- Servitk Qtf <- tabor will ire inch,ded to perform any sen ce or repairs Necessary and all UL requirements. This concise, authoHZes Fire Alarm Specialists, Enc, to perffomr 24 h(Ar runner service to Corlett any and all tmubie andor alarms. As per Miami bade COunty rectsit meets, FAS, Inc ( Ruruner SeMM must respond within tva? (2) Hours to sysi'e,-n ac+tr atton andlor 4twbfe signals. r Eouinment Nl devices fours{ to to damaged defaave w71 be a race f at nn ct rcte Tfis does not mch4e egeapruent damaged by vandalism a- Ads of God. ? 24.tmur Monttormn of the fire.Atarm Sysfxxn ($35.00 a mnthi$420.100 a year) glla 4erRggyS.e is Customer is to Prov de access to all units 10a at U* faoliy during scheduled servie, calls, If FRS, in:, dots not have access a charge of $tiSpn hour per tedmician wig be. billed. Customer is to Post notices,: 2S Boles in advance: to advise the facility coat an inspection is going to ix:. eeriomred arnd th_ slam slstem will be sounding for a period of rime. ContsactTerrn This COndr2ct Is for a It t of tfuee (3) years of thedate described In tWs contrail. �Rt!tmdi� $':,0.2040 (Seven Thousand TWerstyr Dollars and o0'l10R cents) a year or 4 gvaiter! V Payments' of $5,75540. init�ts Page t OF 4033 Southwest 96' Avenue • Miami, FL. 33165 . TeL• (3051495-5911 4 Fax;: (305) 227 -2909 Toll Free. (8771 FAS -5900 4 Licensed & Ensured State EF# 20000334 Note: This wripact fee. is'or tPie� annual test and arrliPCaiFon of the fire alarm system. Airy other se re; ices performed or equipment' Provided FS not covered under this agreement BF approving tfii confract 0-si her apindnZea r1re Alan, SPetiabisis, Int. to re�mnd to any 6vubles and alarms coming front the fire, alarm system io-ted at rbj5 jocabW and Customer agrees on the tmrly rates for these seMcc6s, Pleosesign yourapprouatbetocv. Print Name Bttan CTrat'Ibnn ...— .V —._ —. Vice President Authorized! Srgrawre Title Pabv 7i�.dstr... s General I. This agreement is on¢ for the saxvires mentioned.. tabor and Paris are not la uded 1h tilt, agraemenL 2. This agreementshail be governed by and enforced In e=rdante with the jaws of The State: of Honda. ? The berms and conditions Of this aereementshaii not be modiffed except in wribirg add needs to y„ authorized byOiscomer and FAS, Inc. ,L At work shall be completed in.a, wodoban -like manner and in mmPfiahce with aril building codes and oiler appficabie laves: S. To the extent required by law al rtiork, shall be Plafinmed by individuals out?., Ikersed and authorized by law to perform s9d work. 6. By signing tftb5 agreemmt, aisbxner agrees In pay FAS. Gmc, for services rerxier*ad as described above. i. XI rmnt PCiTAnred Wit Meat AFFAreq($r2n#'0i as Well as rgIranian irn ff oi tte oc?a4t . 2. PAS, lhc. is to perform only nose see pes for the equlpment covemd underths ag:eemant. 3. Thts agreement does not rover the maarterrance, repairs or service foe nonweplaoeabite: ar ndn- ]na4ntainabh parts of the equiloment that is cpyered under this Carbon vi`;Kh lydudes but not limped to wtri* ceidLf. mbbnats uMess oU'ieriti� spedficaltyslated wherein, 4. EAS,. Inc, is la provide the Custerrer with terdficatess of insurance upon request. LiBIA ty and Workers Comper sation Insumn-a must tie in fbroathroughbh.¢ #xt term of the contract Nth the custorar. 5.. All technicians shalt be clpabfe.ofperknwing ail wnrkrcassary for the Gamer. a. allow F= S;, arc, to Parlorm any and all servima, repairs and inspection, necessary by maintain the system tap to NFPA and UL nAyiieniams, b, abibw FAS, Inc- to work on any and Fiji equipment and Components rested to the sysferhS. C, advise FAS,. Jnc of arty haiardcus .matFidais that may be present and any unsafe Onditions Fir: the premises. Nap to PTVkJe any dcarnerdabon requested in re.%V - to these condbhong, The fzdlilymust be in a safe condibm fur FA$, Inc, by provide any setvjoEs an rte Customer. d. provide FAS, Inc %tith aeteas to dze Witt' e, make .Pay +r�hCon or twiore rtes due dam. payntenare due within 30 rbysof re!'eipt', Page 2 of 3 4033 Southwest 96n' Avenue a Miami, Ftr 33165 + TeL (3051 4S5 -591I * Fax. (305) 227. 29,[39 Tote Free. (877 ) . FAS -5400 a licensed & tiasured State 8F# 2GOODS34 Feb 16 IQ 12 :01p FAS 3052272909 p4 2. Cushimer agrees to have FAs; Inc.solrly perfurn all services and repairs to the systems.. Work performed by any other corrb'ador to the 5ysYems will void any warranty g;var on any device's tt1sWied.or work pe tbrmee, Under ttL requireMmis, only the UL certified mmpany who tattf1c3W the Sy6tifn is allowed to SmL— the sYst?ut_ 3. Ctrstameragees to rattly FAS, fnc. Of any appointmentt cancelfaficau with 24 hours mute, if notification Is noc made, CUSWmer"ill be bird for tfra allotted labor lime of thatappolnbrent 4, a staff member must accompany PAS, Tnc. iloong inspections to provide a6bem throughout the bbffding. if access is not ptemided and FAS, Inc has to return to the property to continue 'inspectim, Customer wilt be billed the hoWty rase per technician. 5: Customer adorwAedges that tte,inforrrwtbn in this agreement shalt not be disclosed be others. 6. Cushy eris""orsible for any libertir ladders over six feetthat Aight be needed for semoe. c:n cettatio 1.. This 89reeyieni shalt be renowEd for the same period of time a$ set iuM lerein, unless either party notifies the other of ifs intenttnn to emcet this agreemeai in writing (try ceit'ed mall, return receipt ra„quest�) stxy (Sf!) days prior to tie e)raraficn of th e contract 'This c"rirtact may be Cancelled after the first year for non performance or ]+tsQ Muse within. 60 days ivrittett notice and ii-,e Contactor shalt have the right to wlect any unpaid balances for services rendered to that date: fn ease of early termMation viffl out just cause the contractor shalt have the rig7;t to calea one half of the remaining balance to the end of term. The conbactor shag give written notice tb the subscriber skdy (60) days prior of any decrease after it,, end of the tern, friitiais Page 3 of 3 4033 Southwest 96Lk Avenue • Miami,; FL 33365 + TeL (3051485-5911 - Fax: 13051227-2909 Toff Pree: ($77) PAS-5900 , Licensed insurers State EF# 20040334 CUSTOMER City of South Miami City Hatt 6130 Sunset Drive Miami', Ft. 33143 Coreact Person: Cafes Herrannez Phalle 4 305- %3.6350 Fax d: 305- fi68 -72GQ2 Celig: 186.967 --0i33 FIFE'S #ko 5'r51'EMsER'V(LCE. !a[jR�FNdSN,1' Eff%&e Date:' EApgawa Dato. - After Horan Contact Peron Name; Phone 9: . Ttds SvlvtCe agreement is made betwe°.xl Gfy of Saudn P7famf City Fail TOM d at 6,130 Sunset JI Miami, FL. 33143 at hereinafter referred to as Customer, and Hre Alarm SpLdafists, frI hereinafter referiW to as FAS, Ind, On this day of .2U Ainiva et [:srtification'14te F're. AL.. 5v>rt Tnrluded Order this contract: Th15. n,s(rxtion wit include testing evory device to ensure (fiat they are funOblopirig Properly.. A detailed report will be pro4i$ed after the inspection has bow completed as required by the AHI (Authority Having 3urisdidon), NFPA standards and Undeyvriters Laboratories (UL): This repast Will PIOI a list of any devices drat have been round no, to be fandicning property. FAS, To , will also provide the Customer With an authod:a0rar, proposal to Weed then; defiefendes, if any, bellm any work is '. to be perrunned.. > ervite.C'a0s Labor will be tnclude to perform any service - or repair nec=.ssaay and all 0L j,&WejTwnts. This convact authorizes Fire. Alarm. SpeCi &lists, .Irmo to perform 24 hour runner scrvioa to mrnaa any and all trouble and W alarms. As per Miami. Dade Cotroty requiremenI PAS,. Ira- ; Runner Seiuice; oust respond within trxt 12) Hours to system activation and /or trouble signals, 'v EnUitfYr�i_e All device, found to be damaged or defer, ive will be repiaced at no o`iarge. 'fibs does sot L7tlude equipment damaged. trf Vandalism or Acts of God, r Tnstalf'atton of one lYL.listad Water 0150.00) `r 24- FtourMOnitnrfrrg of the Fire Alarm System 03500 a mwittf j$420.tF0 a year) Custnrner Rea irrateants Customer is 61 provide, access to all unit,taaind at the facility during soneduled sevre cants. If FA% inc. does not have arxvssa Charge of 185(an Ivor perfedinkfan will be.tsiI Qrstomer is to post. Rorce;; 24 treats In' advancO, to advise the fadllty that an nnspedforr, is going to be performed and Elie: alarm system will be sounding fir a period of time. Q t itdTerm Phis contract 15 fora term of itiree (3) years of the date de=lbo d Ir this Contract. PmAtact. Fee *Sr970.00 {five lUousand rd;neifrundmd seventy Dollars and 001A00 rerrtrs3 ayear or 4 quarterty PapmerI of $:1,4:92.$0. rrdti& Page I, of 3 4033 Soutlzvvest 961` Avenue ^ Mian d, FL 33165 • TO: (305) 4135 -591I ° Fazr (3USj 227-2909 T01 Free: (877) P S•5900 . „ Licensed & Insured State EF# 20000334 Feb 16 10 12;010 FAS 3052272909 p,6 Pdotes Tnis contract feeds fdr the annual let and cettificellm of the fire 'alarm system. Any other services performed or aquipmert provided is net covered Under this aWeement. by approving this ca^rtrac Outomer authadr� F.. ,Hann Speciaftsts ;.Inc- to r>;Spood to any troublesaird Manes wreirg fnM the.fiie aann system inoetec! at t3rls lodaiad and Cusmes agrzeson the !rourty aces foie These serv2Ces, Please: sign ycwk approval wow. Prirt rmm8 Autlhorlxed 5ignafgre Title erlan chammn — Yce president. 1"ermsandL^ondi(ions L The agreemencis onty for the services rrmrxfo ed.. Labor and parts are not included m this agreement. 2. This be gnvenied by and enforced in armrdance with Ere. lawsof The State ofFfdrida 3. The terms and Conditions of this agreement shall not be modified except In witing and nos to be att7Vised by Cusbxnerand FA$ Ina 4. All work shall be completed in a vinnriatran-trke- manner and In compiianco ylith, alt bull6ng lodes and ocher applicable bm 5. To the extent required by law alb work shaft be perforate.+, by Individuate duly 3icensed an authonied Irf law to perfinal said Work & 9y &&grog this agreement, customer agree=s to Pay FAS, Inc. for seivrc rerxdered as described above. FAS i]re itL�yrotts ti11 '� . L All.wrxk Performsl will mer9. NFPA. requirement as we!i as requirements from the local auUraities. 2; FAS. Inn. is to Perform on' ttr se SeMces for to equipment covered under this agreernent 3. This agreement does not Aver the mainlenapce, repairs or seMoe for nbrr -maV tainable parts of the equipment that is otvered under this contract wilicin irrdudes but not Itmiietd to wiring, mndu(y cabinets uidess otltenv.'<..E5peciricalty stated vrlimeiri.. 14. FAS, trod is to provide the Customer with cer.bfinates of insurance upon request, C'raCviiLy and Worker's Compensation insurance must be 6 fare throughout the wmi of the Contract with the customer. S. All technicians shall be aabie.&pfrmin ak wodcneceary for the ss amer a. aWW FAS. Ino. to perform any acid all wAces, repairs an inspecuors, necessary br maintain th¢ system Up to NFPA and Ul. regturemens, b. at ow FAS, S'rrc, to WWk on any arrd all egoipmentard <gmpormts refaced to thesysbems. a advise FAS, Im of any hazardous matedals that may be pzsant and any unsaR! cbrtildions on tfie pre"Sm Also to prande WW dowmentation regt 3 in reterenc>v to these rondi bas. The fadl'ityr must.be in a safe condition for FAS, .Inc. to provide, any serutoes tb the Cyntonter.. CL Provide FAS; Inc whit access W the raality e. make Payrrrerton or before the due. date. Pamenteare tlue within 30 trays of receipt; 4033 Southwest 36'" Avenue . Miami,. FL 33165 * Te7' (3:05) 485 -5911 * Pax: tg lZ / -2905 Toll Free: (8T ?j. P'XS -6900 * Licensed & Insured State B1 # 20000834 Feb IC- 10 12:01p FAS 3052272909 p.7 r :y FIRE ALARM 'Serving today f'or s safe to e3Aori'awl, � 2.. Custonee agrees to have Fyt5, itrc. solely Perf&M all sarvh -s and repairs to the systems, wo* performed by any other contacoor to the g00% s wifi void any warranty given cn any devion installed or work pat2grttied. Under Ut. requInamens, only the UL fertirmd company viho oartificah 7d the sisiorn i5 alb vd to se,,ice hhe syxem: 3. Crt5it7mer39ree5 Ya:nxitiry FAS, InC. ofany appaintmetnt nedlations+t.�th „4 hours notict. Y hotFiicatitmis:tot made, Customer will be bated forthe allotked iabw° hrue of"lat appo[rti nart:. 4. a staF member rota a'cconno iyy FAS, Ina during inspewam bo Winkle access' iri.ouohaot. the building, If access is not provided. and FPS, Inc has to return to the property to fan?inue ;nsryx'ckian, Custr r,,, rviif be Willed the haw iy rate per fechnidan: 5• dkat fine iificmatian in this agr mantsinail natbe dts4gsed in o4ino•s. 6.. Customer -is rasporsttre rorary lifts or ladders over six -reet that riighthe needt}i far service.. .. This agreement shall tie itnerved for the same period of time as set laih therein,. unters P�tite< party epitif:es the other of'Jts Wanton m rar=, this.agneement in mit'ttfg. (bY cadirt mac, im Un receipt requested} sixty (CO) days O"Or to tie exrnrahan a bte Contract This axntract nmy oe a ap, ra stri e, fink Year d) non pssfiormance or just Cause .within 60 days written notice and the car Wacbor Shall have the tight to toilea any unpaid batao,= rbr smites rendered to that date. In ease jearly trmrinaoon wghptc;usk rouse the carltra ,ot shall have the right to wiled ane half of the remaining balance to tfre erns of rim. The contractor shall give written notice fo the st inner sociyr (6ilj days prior orany irwease arm, the end of the term. Page 3 of 3 4033 Southwest 96� Avenue o. t4la i, FS, 33165 - Tel.- (305) 485 -5911 b- Fax: (305) 227 -2909 Tall Free. (877) FATS -5900 4 Licensed 8t: rnsured State EF# 200040334 2.110 4 :24fu No. 3213 2.I5 tvtiami -Dade Fire Rescue Department office of the Fire Marshal Fire Freveniion,Division 9300 NN 41 st SlieeC Ooral, Fibrid'a331 78 -2 4 1 4 „ T766-331-4800 F *- 331 -4619 �4l�srofs'R+sdy, /YryGtim Servx Sami�gUnM <agmatca mlxmidade,goV ends dt amegW CwnryM Ih! f(aafi 'v`"++ "' gar H„ywa i� aaY'aatx r,mros . . s ten= s k Dear Building Ownerandfor Business Owner: cwasw This letter is to notify you of a change in the Code of MfarnWado County, adding Sections 14-66 and 14-97 which Will Affect oocupanciss With asdsling fire alarm and fire sprinkler systems.. The DQw code requires that you obtain a contract for the maintenance of your fire alarm slid supritmion Or .. I systems in existing buildings: by September 14, 2009„ nasaoaK Primarily,, the code amendment is concerned about assuring the reliability of fire alarm systems. coic�cry This reliability was a major concern: in the adoption of the ordinance because fire alarms play a major parkin providing notice of fire in a building and giving sufficlenttime for building occupents . tlw: hcvdw to escape before the fire becomes dangerous. A well maintained system should also eliminate many false alarms and alleviate the danger of apathy by the building occupants when the alarm rf-m d sounds, rnahaa crock. The amendment adds requirements to obtain some form of maintenance codract. vilth a, licensed M-ON fire alarm contractor for fire alarm's and fire sprinkler systems to be in effect at all tithes, And for the contrail to include having the alarm service company send a runner (tedinicfan) to respond to r m y alarms Within 2 hours, The runner would be able to reset fire, alarm systems and handle minor hssmi ca.,a repairs to get the system operational again as soon as possible: Mlamitatu, Maintenance of the systems was already required render fire code as well as evacuation of the building or instituting a fire watch following 4 hours Without service. MiwE sroR: . Km1w1w It is believed that costs . for contractual pre- negogated- services will be lower than those for uncontracted services, so it is anticipated thatAbe contracts will result in lower costs overall to the ,%4 s4mn qe building and business owners and Will' eliminate manyunexpeotad high cost repairs and Tire watch expenses, t7onhMlami _ - s th evil f ont mat Types Currently Known to Be Available owwka Following a survey of approximately' too alarm contractors within our jurlsdiction, we have detenrrfnad that these.coinpanles offer a variety of xnfirac#ng options,that wilt meet the raaF, .eay requirements of this ordinance, I-Isted below are some typt'cat contract types but may not be airsne :r reproserdoWe of all options evadable. The alarm users are Pecommended to contact their alarm service company to discuss their best options - swm.Miamr The ordinance is not Intended to, require or even to encourage alarm users to obtain a rull - service sv ""rk� confracL The Fire Department Wilt accept the minimum contact agreement that contains some method far maintenance and contains provisions far the runner service to pdadrm the services indicated in the ordinance. 4- Basic Cost per Service -• Contract with service providad on a set fee schedule for the various vt,rsnxcu�ns ssirvloes they offer, but only scheduled unless contacted and requested by the alarm user. This oontract must Include a runner service to respond Within 2 hours . to system activation or wm Mli t trouble signals, These contracts are typically no cost until and unless the service l's used. - 0i IM ;MUSQNfM162. FH':SYSGia >P3 12r0149 1M$ Apr. 13. 1'il0 L.; 29 P,�4 �fi. 1iI✓ .. 3;f Nn Full service — Turnkey service contract with the highest (oval of dependabllity and reliability, Including all required scheduled maintenance and testing, response for repairs, and runner service to respond within 2 hours to eysfenT activation or trouble signals, Labor is typically, included in the scheduled service agreement. The contractor may also worlc;with you to, identify and correct problem: areas that are causing malfunctions. For a typical three -story, apartment with lire apadmants p'ertidor or retail business, this option may cost.. approximately $4 SDD per year. Additional servio and parts may be an additional cost. Pra�I* The maintenance contract with the licensed fire alarm contractor needs to Include: 6 Annual inspection report (already code requirement) fic Ba on call to provide repair's when necessary `a Available to respond within two hours. to react the system and 6 provide minor 'repairs when, the system is activated Contractor is added to emergency contact informalion posted near alarm panel Alarm users (building or business owners) are encouraged to obtain the contracts and to come into compliance as soon as possible to be sure that they are, abie-ta secure the services In a timely manner and to better protect the occupants of tlretr buildings, it is also recommended that you shop for quotes from several licensed fire alarm contractors to assure that you obtain eompettlive, pricing, The timeframes in this ordinance pertain. only to this ordltrance: other already existing requlrernents Witt be enforced with no change ni procedure or limeframes, For instance, evacuatian, of the building or fire watch will sAl be required when afire alarm or fire sprinkler system is down for more than four hours as Was already required, During annual inspections, if the contracts are not'already in piace,:fire inspectors will notify you. of the requirement. You will need to be In compliance by`the final: deadline "of September t4, 2009. If you need additional time, you Will need to flie a written request for an extension to the Fire Marshal, .flue Marsha[ Fire Prevention Division M'{ami -Dade Fire Rescus.L Department 9300 NW 41 street borer, Florida 33178 Arty request for an extension will need to also include the reason for the extension, a timeframe in which you believe that you can be in compliance (a maximum of 18 months). eeginn n9 on the September 14, 2009 deadline if you have dot received wri0an approval from the Ore • Marshal for an extension of time, the Code Compliance Officer will begin enforcement procedures. So, be sure to submit any extension requests at least one month b$fore that deadline, . Failure to comply or obtain an additionat extension within f 1 months Will result, in citations being issued and aft enforcement actions being taken. The maximum amount of time that the occupant may have to comply is 3 years (iii months) from the effect(ve date of March 14, 2008 if approved by the fire mar anal of the jurisdiction. These requirements are already in place for new alarm systems, so there is no change as a result of the code amendment for new systems. We hope that this advance notice wilt be Useful to you'and we look forward to working with you to increase the reliability of jrour vital systems. very may yours, Chief Manny C, Mena, Fite Marsha[ Fire Prevention Division Page I of 23 Miami - Dade County, Florida, Code of Ordinances >> PART III - CODE OF ORDINANCES >> Chapter 14 - FIRE PREVENTION >> ARTICLE Ill. - SOUTH FLORIDA FIRE PREVENTION CODE >> _....I r gRZLC4E 111 _S -Q-UIK (l QRtNA-FLRF„-MFyE=ISi-2N 9-QDE Editors note —Ord. No. 87-89, § 1, adopted Dec. 15, 1987, repealed the Dade County Fire Prevention and Safety Code and § 2 of said ordinance enacted the South Florida Fire Prevention Code. Ord. No. 67-89, § 3, adopted Dec. 45, 1987, amended Art. 0l, relative to the Dade County Fire Prevention Code, in its entirety to read as herein set out Formally, Art iii was composed of §§ 1440 -1447 as derived from Ord. No. 66.31, §§ 1 -8, adopted July 26, 1966; Ord. No. 68.6, § 1, adopted Feb. 6,1968; and Ord. No. 78 -30, % 1, 2, adopted April 18, 1978. Cross reference — Building code, Ch. 8; explosives, Ch. 13. State law reference — Minimum fire safety standards, F.S. § 633.025. Sec 14-40. - Short rlle� adoption b r�nce: applicability. Sec. 1_-41. - Intgnj criaS rucbb0A Sec. 1442 - Minimum fire 59fety standards. Sec. 7443. - Reso1Lthgn.gf conflict of laws. Sec 14.44. -_Uniform Fire Safely Standards Sec 1444 .1, - Sialutgs agIgpted by reference. Sec 14 -45 - Chief fire official. S_ec. 1446. -Dade C,00umv Firg Prev_ent1glA -a d $are{y_Apgealg eoar�i. Sec 1447 - Repeal of conflictina or inconsistent municipal and County laws. S?4? 4?8,�.9pP_62l$_Srgm 1139r de9314IlS, - South Florida Fire Pr veveention Code Enforcement Officer. Sec. 14.50. - RpnVA(es pumula i end in qgpqliq a nt Sec 14 -51 - Strict (ability Sec. 14.52 - CjPIpy l,p, ?pally; SEC. 1453. - Permits. Sec 14 -53.1 - Pian review Seg. 14.54 -Consent aareements Sec 4Fn9S��X.S:f &gs, Sec. 14 -56 - Enforceme(tprxedure: remedies. Sep 14 -57. - Civil Density and restruilholuttd, Sec. 14 -58.- Standards. Sec. 14 -59. - AltermCnie p-qu re enfs. Sec. 14-60. - Submission to iggjelaer $ttg 74.61 - $galch walr?nte, S€c_14.62.. InspEions, inspection warrants Sac 1453 - prde Sec. 14 -64. - Correction of yiola> lqM.. S_ec. 74 -65. - Liens. Sac. 14 -66. - Fjree pjii s_ Sec 14 -67 - 9pri3Oktgr gy ;tgtns fire pumps and other extinguisnind5vstems. Sec. 14 -40. - Short title; adoption by reference; applicability. from time to time. the incorporated and unincorporated areas of Dade County, Florida. All references in this article to the S.F.F.P.C. and this article shall be deemed respectively to refer to the S.F.F.P.C. as amended from time to time and this article as amended from time to time. All references in this article to the South Florida Building Code shall be deemed to refer to the South Florida Building Code as amended from time to time. (Ord.. No. 8749, § 3, 12- 15 -87) I Sec. 14 -41_, - intent; construction. standards for fire prevention and safety. are and welfare. file : / /C:IDOCUME- 11Mgarcia \LOCALS —I \Temp \DNAZXN6G.htm 4/28/2010 Page 2 of 23 (D) This article and the S.F.F.P.C. shall not be construed to provide any cause of action or claim for relief of any kind whatsoever to any person other than the chief fire code enforcement official of the jurisdiction, or his designee, or the South Florida Fire Prevention Code Enforcement Officer, or both, and shall be retroactively applied to effectuate the foregoing. (Ord. Na. 87.89, § 3, 12.15.87; Ord. No. 90 -150, § 6,1248-90) Sec. 14 -42. - Minimum fire safety standards. (A) The requirements of the S.F.F.P.C. and this article shall be a minimum standard for the incorporated and unincorporated areas of Dade County, Florida. (B) The requirements of the S.F.F.P.C. and this article shall not apply to buildings and structures subject to the uniform fire safety standards promulgated pursuant to Section 633.022, Florida Statutes, as same may be amended from time to time. (C) The requirements of the S.F.F.P.C. and this article shall not apply to buildings and structures subject to the minimum fire safety standards adopted pursuant to Sections 394.879 and 396.176, Florida Statutes, as same may be amended from time to time. (D) The requirements of the S.RF.P.C. and this article shall be a minimum fire safety standard code. A municipality with fire safety responsibilities may adopt more stringent fire safety standards. Minimum fire safety standards shall be met by every occupancy, facility, building, structure, premises, device, or activity to which said standards apply. (E) The new building or structure requirements set forth in the S.F.F.P.C. and this article shall apply only to buildings or structures for which the building permit is issued on or after January 1, 1988. (F) Subject to the provisions of subsection (G) herein, the existing building or structure requirements set forth in the S.F.F.P.C. and this article shall apply to buildings or structures for which the building permit was issued or the building or structures were constructed prior to January 1, 1988. (G) With respect to existing buildings, the Legislature of the State of Florida has recognized that it is not always practical to apply any or all of the requirements of the S.F.F.P.C. and this article and that physical limitations may require disproportionate effort or expense with little increase in life safety. (1) Prior to applying the requirements of the S.F.F.P.C. and this article to an existing building, the chief fire official of the jurisdiction, or his designee, shall determine that a threat to life safety or property exists. (2) If a threat to life safety or property exists the chief fire official of the jurisdiction, or his designee, shall apply the applicable requirements of the S.F.F.P.C, and this article to the extent practical to assure a reasonable degree of life safety and safety of property. (3) The chief of fire official of the jurisdiction, or his designee, shall fashion a reasonable alternative which affords an equivalent degree of life safety and safety of property. (4) The decisions of the chief fire official of the jurisdiction, or his designee, under subsection (G) may be appealed to the Dade County Fire Prevention and Safety Appeals Board. (N) Nothing in this section shall preclude a municipality, County, or special district from requiring a structure to be maintained in accordance with S.F.F.P.C. and this article. (Ord. No. 87.89, § 3, 12- 15 -87) 1 Sec. 1443. - Resolution of conflict of taws. (A) in the event of a conflict between (i) the requirements of the South Florida Building Code, as same may be amended from time to time, and (ii) the requirements of the South Florida Fire Prevention Code and this article, as all of same may be amended from time to time, the conflict shall be resolved by agreement between the chief building code enforcement official of the jurisdiction, or his designee, and the chief fire code enforcement official of the jurisdiction, or his designee, in favor of the requirement of either the South Florida Building Code or the South Florida Fire Prevention Code or this article which provides the greatest degree of life safety or alternatives which would provide an equivalent degree of life safety and equivalent method of construction. (B) Any decision made by the chief building code enforcement official of the jurisdiction, or his designee, and the chief fire code enforcement official of the jurisdiction, or his designee, may be appealed to the Dade County Fire Prevention and Safety Appeals Board. (1) If the decision of the chief building code enforcement official of the jurisdiction, or his designee, and the chief fire code enforcement official of the jurisdiction, or his designee, is to apply the provisions of either the South Florida file: / /C: \DOCUME-I \Mgarcia \LOCALS- 1\Temp\DNAZXN6G.htm 4/28/2010 Page 3 of 23 Building Code or the South Florida Fire Prevention Code or this article, the Dade County Fire Prevention and Safety Appeals Board may not alter the decision unless the Dade County Fire Prevention and Safety Appeals Board determines that the application of the South Florida Building Code or the South Florida Fire Prevention Code or this article is not reasonable. (2) If the decision of the chief building code enforcement official of the jurisdiction, or his designee, and the chief fire code enforcement official of the jurisdiction, or his designee, is to adopt an alternative to the South Florida Building Code, South Florida Fire Prevention Code, and this article, the Dade County Fire Prevention and Safety Appeals Board shall give due regard to the decision rendered by the aforesaid officials and may modify that decision if the Dade County Fire Prevention and Safety Appeals Board adopts a better alternative, taking into consideration all relevant circumstances. (3) In any case in which the Dade County Fire Prevention and Safety Appeals Board adopts alternatives to the decision of the chief building code enforcement official of the jurisdiction, or his designee, and the chief fire code enforcement official of thejurisdiction, or his designee, such alternatives shall provide a degree of life safety and method of construction equivalent to the degree of life safety and method of construction provided by the decision of the aforesaid building code and fire code enforcement officials. (C) In the event that the chief building code enforcement official of the jurisdiction, or his designee, and the chief fire code enforcement official of the jurisdiction, or his designee, are unable to agree on a resolution of the conflict between the requirements of (i) the South Florida Building Code and (ii) the South Florida Fire Prevention Code and this article, the Dade County Fire Prevention and Safety Appeals Board shall resolve the conflict in favor of the requirement which provides the greatest degree of life safety or alternatives which would provide an equivalent degree of life safety and an equivalent method of construction. (D) In the event of any conflict between a requirement of (i) this article or the South Florida Fire Prevention Code and (ii) a requirement of Chapter 633, Florida Statutes, as amended from time to time, or the rules promulgated by the State Fire Marshal pursuant to Chapter 633, Florida Statutes, as amended from time to time, or the rules promulgated by the State Fire Marshal pursuant to Chapter 633, Florida Statutes, as said rules may be amended from time to time, the provision which established the most stringent standard shall prevail. (E) In the event of any conflict between a provision of (t) this article or the South Florida Fire Prevention Code and (ii) a provision of any other County or municipal ordinance, code or regulation, the provisions of subsections (A), (B) and (C) shall apply if the conflict is with a requirement of the South Florida Building Code, or, if the conflict is with a provision other than the South Florida Building Code, then the provision which establishes the most stringent standard shall prevail. (Ord. No. 87.89, § 3, 12- 15-87) S¢c. 14-44, -Uniform Fire Safety Standards. (A) Pursuant to Section 633.15, Florida Statutes, Chapter 633, Florida Statutes, as amended from time to time, and all the rules promulgated thereunder by the State Fire Marshal, as same may be amended from time to time, are hereby adopted by reference as if fully set forth herein. (B) Each jurisdiction within Dade County, Florida, with fire safety responsibilities shall enforce within its fire safety jurisdiction: (i) The uniform fire safety standards promulgated by the State Fire Marshal for those buildings set forth in Section 633.022(i)(b), Florida Statutes, as same may be amended from time to time; (i) The minimum fire safety standards for mental health and alcohol treatment centers as adopted pursuant to Section 394.879, Florida Statutes, and Section 396.176, Florida Statutes, as same may be amended from time to time; and (iii) The fire safety standards for public schools adopted by the State Board of Education, as same may be amended from time to time. (Ord. No. 8749, § 3,12-16-81) Sec. 14-441 -Statutes adopted by reference. (A) Chapter 791, Florida Statutes, and all the rules and regulations promulgated thereunder, as all of same may be amended from time to time, are hereby adopted by reference as if fully set forth herein. (B) Section 806.10, Florida Statutes, as same may be amended from time to time, is hereby adopted by reference is if fully set forth herein. (C) Section 806.101, Florida Statutes, as same may be amended from time to time, is hereby adopted by reference as if fully j i - set forth herein. t file: / /C: \DOCUME— l \Mgareia \LOCALS —1 \Temp \DNAZXN6G.htm 4/28/2010 Page 4 of 23 (Ord. No. 8749, § 3,12-1547) . Sec. 14 -45. - Chief fire official. (A) For the purposes of this article and the South Florida Fire Prevention Code all references to the chief fire official with respect to the unincorporated area of Dade County shall mean the Director of the Metropolitan Dade County Fire Department. (B) For the purposes of this article and the South Florida Fire Prevention Code all references to the chief fire official with respect to the incorporated areas of Dade County shall mean the Director of the Metropolitan Dade County Fire Department, the Fire Chief of the City of Miami Beach, the Director of the City of Miami Fire Rescue and Inspection Services Department, the Fire Chief of the City of Hialeah, or the Fire Chief of the City of Coral Gables, within their respective areas of fire safety and prevention responsibilities. (Ord. No. 87 -89, § 3,12-15-87) Sec 14-46 - Dade County Fire Prevention and Safety Appeals Board. (A) Established. There is hereby created and established the Dade County Fire Prevention and Safety Appeals Board. (B) Membership. This Board shall consist of thirteen (13) members appointed by the County Commission. in order to secure representative membership upon the Board, the Commission shalt appoint one (1) architect, one (1) engineer, one (1) property manager, one (1) representative from the fuel industry, one (1) representative from the fire insurance industry, one (1) licensed general contractor possessing a current certificate of competency, two (2) persons who are serving different jurisdictions in the fire fighting service of such jurisdictions, the County Manager or his designee, one (1) representative of the Dade County League of Cities, Inc., one (1) safety engineer certified by a professional safety engineering society, one (1) city or county administrator, and one (1) educator who has expertise in the development of a fire science curriculum. Three (3) members shall be appointed for a term of one (1) year, three (3) members shall be appointed for a term of two (2) years, and three (3) members shall be appointed for a term of three (3) years. Thereafter, all members shall be appointed for a term of three (3) years. (1) When the jurisdiction of the Dade County Fire Prevention and Safety Appeals Board is exercised pursuant to Section 14- 46(D)(2) of the Code of Metropolitan Dade County, Florida, with respect to those duties and responsibilities of the local administrative Board specifically described in Section 553.73(8)(c), Florida Statutes, as amended from time to time, the membership of the Board shall consist of the eleven (11) members set forth in Section 14 -46(B) above as well as the following eleven (11) members of the Dade County Board of Rules and Appeals who shall be designated by the Chairman of the Dade County Board of Rules and Appeals: The aforesaid persons in (i) through (ix) shall be voting ex officio members of the Dade County Fire Prevention and Safety Appeals Board only when the jurisdiction of the Board is exercised as set forth hereinabove for those duties and responsibilities set forth in Section 553.73(8)(c), Florida Statutes, as amended from time to time. Service on the Dade County Fire Prevention and Safety Appeals Board by members of the Dade County Board of Rules and Appeals ex officio as set forth above shall not be deemed to be service on two (2) County Boards simultaneously for the purposes of Section 2 -11.38 of the Code of Metropolitan Dade County, Florida. () One (1) nonprofessional person; (ii) Two (2) representatives of the fire service; (Ill) One (1) master plumber; (iv) One (1) mechanical engineer; (v) One (1) master electrician; (vi) One (1) structural engineer; (vii) One (1) developer; (viii) Two (2) general contractors; (ix) One (1) architect. (C) Organization of the Board, quorum; Secretary. The members of the Board shall elect a chairperson and such other officers as may be deemed necessary or desirable, all of whom shall serve at the will of the Board. A majority vote of the members present shall be necessary to take any action. Seven (7) members of the Board shall constitute a quorum necessary to hold a meeting and take any action. The Director of the Metropolitan Dade County Fire Department or his designee shall be Secretary of the Board and shall be responsible for the custody of all minutes and records of the Board. The Secretary of the Board shall not be entitled to vote on any matter before the Board by reason of holding the office of Secretary. The Chairperson or his designee may call meetings of the Board; seven (7) members may call a meeting upon file: //C:\DOCUME- 1\Mgarcia \LOCALS— I \Temp\DNAZXN6G.htm 4/28/2010 Page 5 of 23 signing a written notice; and the Board at any meeting may call meetings for any future dates. Minutes shall be kept of all meetings of the Board. (1) When the jurisdiction of the Dade County Fire Prevention and Safety Appeals Board is exercised as set forth in (B)(1) above: A majority vote of the twenty -two (22) members present shall be necessary to take any action; the presence of twelve (12) of the twenty -two (22) members shall constitute a quorum necessary to hold a meeting and take any action; and twelve (12) members may call a meeting upon signing a written notice. In all other respects the organization of the Dade County Fire Prevention and Safety Appeals Board shall remain the same as set forth in (C) above. [(2) Reserved.] (D) Duties and powers of the Dade County Fire Prevention and Safety Appeals Board. The Dade County Fire Prevention and Safety Appeals Board shall have the following duties, functions, powers, and responsibilities: (1) To exclusively hear and determine appeals by any person aggrieved by any action or decision of any fire official of any jurisdiction in Dade County, Florida, with respect to this article, the South Florida Fire Prevention Code, or any municipal ordinance, code, or regulation which regulates fire prevention or fire safety. Notwithstanding any provision of the Code of Metropolitan Dade County, Florida, the South Florida Fire Prevention Code, any municipal ordinance, or any other County ordinance, no other County or municipal officer, agent, employee or Board, except as provided for code enforcement by Chapter 162, Florida Statutes, or by Chapter 8CC of the Code of Metropolitan Dade County, Florida, may hear or determine any matter which the Dade County Fire Prevention and Safety Appeals Board has the power to hear and determine pursuant to this subsection. The Board shall have the power and authority to affirm, modify, or reverse the action or decision which was appealed. (2) To exclusively perform the duties and responsibilities of the local administrative Board described in Section 553.73(8)(b) and Section 553.73(8)(c), Florida Statutes, as all of same may be amended from time to time. Notwithstanding any provision of the Code of Metropolitan Dade County, Florida, the South Florida Fire Prevention Code, any municipal ordinance, or any other County ordinance, no other County or municipal officer, agent, employee or Board, may hear or determine any matter which the Dade County Fire Prevention and Safety Appeals Board has the power to hear and determine pursuant to this subsection. The Board shall have the power and authority to adopt alternatives and resolve conflicts as provided by the aforesaid provisions of Florida law, as amended from time to time. (3) To exclusively hear and determine appeals by any person aggrieved by the decisions or actions of the chief fire official, or his designee, of any jurisdiction in Dade County, Florida, with respect to existing buildings as provided by Section 633.025(8), Florida Statutes, as amended from time to time. Notwithstanding any provision of the Code of Metropolitan Dade County, Florida, the South Florida Fire Prevention Code, any municipal ordinance, or any other County ordinance, no other County or municipal officer, agent, employee or Board, may hear or determine any matter which the Dade County Fire Prevention and Safety Appeals Board has the power to hear and determine pursuant to this subsection. The Board shall have the power and authority to affirm, modify, or reverse the action of decision which was appealed. (4) To exclusively perform the duties of the local authority as set forth in Section 633.022(2)(b), Florida Statutes, as amended from time to time, by authorizing alternatives to the uniform fire safety standards as set forth in Section 633.022(2)(b), Florida Statutes, as amended from time to time. Notwithstanding any provision of the Code of Metropolitan Dade County, Florida, the South Florida Fire Prevention Code, any municipal ordinance, or any other County ordinance, no other County or municipal officer, agent, employee or Board, may hear or determine any matter which the Dade County Fire Prevention and Safety Appeals Board has the power to hear and determine pursuant to this subsection. The Board shall have the power and authority to adopt alternatives as provided by the aforesaid provision of Florida law, as amended from time to time. (5) To exclusively perform the duties of all jurisdictions with fire safety responsibilities in Dade County, Florida, as set forth in Section 633.025(5), Florida Statutes, as amended from time to time, by establishing alternative requirements to the requirements of this article, the South Florida Fire Prevention Code, or other more stringent fire safety standards adopted by a municipality, as set forth in Section 633.025(5), Florida Statutes, as same may be amended from time to time. Notwithstanding any provision of the Code of Metropolitan Dade County, Florida, the South Florida Fire Prevention Code, any municipal ordinance, or any other County ordinance, no other County or municipal officer, agent, employee or Board, may hear or determine any matter which the Dade County Fire Prevention and Safety Appeals Board has the power to hear and determine pursuant to this subsection. The Board shall have the power and authority to adopt alternative requirements as provided by the aforesaid provision of Florida law, as amended from time to time. (6) To exclusively hear and determine appeals by any person aggrieved by the actions or decisions of the South Florida Fire Prevention Code Enforcement Officer established by this article, as amended from time to time. Notwithstanding any provision of the Code of Metropolitan Dade County, Florida, the South Florida Fire Prevention Code, any municipal ordinance, or any other County ordinance, no other County or municipal officer, agent, employee or Board, may hear or determine any matter which the Dade County Fire Prevention and Safety Appeals Board has the power to hear and determine pursuant to this subsection. The Board shall have the power and authority to affirm, modify, or reverse the action or decision which was appealed. (7) Upon the request of any chief fire official or his designee of any jurisdiction in Dade County, Florida, to render advice to the requesting parry on any fire safety or fire prevention matters in Dade County, Florida. file://C:\DOCUME—I\Mgarcia\LOCALS—I\Temp\DNAZ)CN6G.htm 1 4/28/2010 Page 6 of 23 (8) To exclusively hear and determine, after notice to municipality, whether or not fire safety standards adopted by a municipality are more stringent than the fire safety standards set forth in this article and the South Florida Fire Prevention Code, as all of same are amended from time to time. Notwithstanding any provision of the Code of Metropolitan Dade County, Florida, the South Florida Fire Prevention Code, any municipal ordinance, or any other County ordinance, no other County or municipal officer, agent, employee or Board, may hear or determine any matter which the Dade County Fire Prevention and Safety Appeals Board has the power to hear and determine pursuant to this subsection. The Board shall have the power and authority to order the chief fire official, or his designee, of the municipality or the South Florida Fire Prevention Code Enforcement Officer, or both, to enforce the fire safety standards which are the most stringent. (9) To exclusively hear and determine, after notice of the affected County department or County Board, whether or not a provision of the Code of Metropolitan Dade County, Florida, other than the South Florida Building Code, conflicts with the provisions of this article or the South Florida Fire Prevention Code, as all of same may be amended from time to time, and, if such conflict exists, to determine which provision established the most stringent standard. Notwithstanding any provision of the Code of Metropolitan Dade County, Florida, the South Florida Fire Prevention Code, any municipal ordinance, or any other County ordinance, no other County or municipal officer, agent, employee or Board, may hear and determine any matter which the Dade County Fire Prevention and Safety Appeals Board has the power to hear and determine pursuant to this subsection. The Board shall have the power and authority to order the chief fire officials, or their designees, of all jurisdiction in Dade County, Florida, and the South Florida Fire Prevention Code Enforcement Officer, to enforce the fire safety standards which are the most stringent. (10) Upon the request of the Board of County Commissioners, to render advice to the Board of County Commissioners or such other persons as the Board of County Commissioners may direct, on any fire prevention or fire safety matters in Dade County, Florida. (11) To issue subpoenas to compel the presence of a witness or documents or other items at any proceeding of the Dade County Fire Prevention and Safety Appeals Board authorized under this article or the South Florida Fire Prevention Code, as all of same may be amended from time to time. (12) To adopt, promulgate, amend and rescind such rules of procedure and evidence as may be necessary to exercise the Board's authority, provided, however, that no such rules shall conflict with the provisions of this article or the South Florida Fire Prevention Code, as all of same may be amended from time to time. (13) The powers enumerated in this section shall be in addition to and not a limitation of or in derogation of any other powers granted to the Dade County Fire Prevention and Safety Appeals Board by any other provision of this article, the South Florida Fire Prevention Code, or by State law, rule or regulation, as all of same may be amended from time to time. Notwithstanding any provision of the Code of Metropolitan Dade County, Florida, the South Florida Fire Prevention Code, any municipal ordinance or any other County ordinance, except as provided in subsection (1) herein, no other County or municipal officer, agent, employee or Board shall exercise any of the powers granted to the Dade County Fire Prevention and Safety Appeals Board by this article, the South Florida Fire Prevention Code or by State law, rule, or regulation, as all of same may be amended from time to time. (14) To designate one (1) or more persons to be members of one (1) or more technical advisory panels to advise the Dade County Fire Prevention and Safety Appeals Board on technical matters related to fire prevention or fire safety. The members of such panels shall be persons technically skilled and qualified to render advice on particular matters of fire prevention or fire safety pending before the Board. The members shall serve at the will of the Board and shall furnish advice and information of a technical nature to the Board for so long a period of time as the Board may request it. All such advice and information given by the panel or any member thereof shall be in the form of testimony either in person or by deposition before the Board at a regularly scheduled meeting and subject to cross - examination at the deposition and meeting by any interested parry. The members of the panels shall not be deemed County officers or employees. Members of the panels may be compensated by the County. (15) To require and administer oaths or affirmations to witnesses in any proceeding of the Board. (Ord. No. 87 -89, § 3,12-15-87; Ord. No. 94 -7, § 1, 1- 1844) Editors note— Annotation —CAO 76.39. 1 Sec. 14,-47. - Repeal of conflicting or inconsistent municipal and County laws. This article and the South Florida Fire Prevention Code are intended and shall be construed as constituting minimum standards for all governmental units in Dade County with respect to fire prevention and safety standards, in accordance with the provisions of Section 1.01(A)(18) of the Home Rule Charter of Government for Dade County, Florida. To the extent of the minimum standards herein provided, all County and municipal ordinance, County and municipal resolutions, municipal charters, special laws applying only to Dade County or any general law which the County Commission is authorized by the constitution to supersede, nullify or amend, and any part of any such ordinance, resolution, charter, or law in conflict with or inconsistent with the minimum fire prevention and safety standards herein established are hereby repealed and superseded. file : / /C: \DOCUME— I \Mgazcia \LOCALS -1\Temp \DNAZXN6G.htm 4/28/2010 Page 7 of 23 (Ord, No. 87.89, § 3,1246-87) I Sec. 1g-A_8; -Appeals from actions or decisions. Any person aggrieved by any action or decision described in Section 14- 46(D)(1), (2), (3), (4), (5), (6), (8), and (9) of this Code may appeal to the Dade County Fire Prevention and Safety Appeals Board by fling with the Secretary of said Board a written notice of appeal within fifteen (15) days after the date of the action or decision which is the subject of the appeal. Filing of a written notice of appeal shall not.stay the effect of any such action or decision which is the subject to the appeal. The written notice of appeal shall set forth concisely the date and nature of the action or decision to be reviewed as well as the reasons or grounds for the appeal. The Secretary of the Board shall set each such appeal for hearing at the earliest practicable Board meeting date available and shall provide written or oral notice of the hearing to the appellant and to the person whose action or decision is the subject of the appeal. The Dade County Fire Prevention and Safety Appeals Board shall hear and consider all facts material and relevant to the appeal and shall render a decision as soon as reasonably practicable. Irrelevant, immaterial or unduly repetitious evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form, and all testimony of parties and witnesses shall be made under oath or affirmation. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient in itself to support a decision of the Board unless it would be admissible over objection in civil actions. The Chairperson of the Board or the attorney of the Board or a Notary Public shall have the power to administer oaths or affirmations. Subpoenas may be issued by the Chairperson of the Board or another member of the Board designated by the Chairperson, upon the written request of any party or upon the Chairperson's or Board's own motion, to compel the presence of a witness or documents or other items at any proceeding of the Board authorized under this article or the South Florida Fire Prevention Code, as all of same may be amended from time to time. The Chairperson of the Board or another member of the Board designated by the Chairperson, may permit discovery, on the written request of any party or upon the Board's own motion, by any means available to the courts and in the manner provided in the Florida Rules of Civil Procedure, including the imposition of sanctions, except contempt. Any person subject to a subpoena may, before compliance and on timely petition, request the Board to invalidate the subpoena on the grounds that it was not lawfully issued, is unreasonably broad in scope, or requires the production of irrelevant material. Any party or the Board may seek enforcement of a subpoena, order directing discovery, or order imposing sanctions issued hereunder by filing a petition for enforcement in the Circuit Court of Dade County, Florida. A failure to comply with an order of the Court shall result in a finding of contempt. However, no person shall be in contempt while a subpoena is being challenged as provided herein. The Court may award to the prevailing party all or part of the costs and attorneys fees incurred in obtaining the Court order. A party shall have the opportunity to respond, to present evidence and argument on all issues involved, conduct cross - examination and submit rebuttal evidence. When appropriate, the general public may be given an opportunity to present evidence. if the Board intends to consider such evidence, then all parties shall be given an opportunity to cross- examine, challenge, and rebut the evidence. When official recognition is requested, the parties shall be notified and given an opportunity to examine and contest the matter requested to be officially recognized. All decisions of the Board, pursuant to Section 553.73, Florida Statutes, as amended from time to time, shall be In writing and be binding upon all persons but shall not limit the authority of the State Fire Marshal pursuant to Section 633.161, Florida Statutes, as amended from time to time. All decisions of the Board, pursuant to Section 553.73, Florida Statutes, as amended from time to time, of general application shall be indexed by the Secretary of the Board by building and fire code sections and shall be available for inspection and copying during normal business hours. Similarly, all decisions of the chief building code enforcement official of the jurisdiction, or his designee, and the chief fire code enforcement official of the jurisdiction, or his designee, pursuant to Section 553.73, Florida Statutes, as amended from time to time, shall be in writing and be binding upon all persons but shall not limit the authority of the State Fire Marshal pursuant to Section 633.161, Florida Statutes, as amended from time to time, and said decisions of general application shall be indexed by the Secretary of the Board by building and fire code section and shall be available for inspection and copying during normal business hours. All decisions of the Board shall be in writing, shall set forth the reasons for the decision, and shall be signed by the Chairperson of the Board or other member of the Board designated by the Chairperson or in the absence of the Chairperson, a member of the Board designated by the Board. The decision of the Dade County Fire Prevention and Safety Appeals Board shall constitute final administrative review and no rehearing or reconsideration shall be considered. Any person aggrieved by any decision of the Dade County Fire Prevention and Safety Appeals Board on an appeal may seek judicial review in accordance with the Florida Rules of Appellate Procedure. (Ord. No. 87.89, § 3, 12- 95.87) Sec. 14 -49. - South Florida Fire Prevention Code Enforcement Officer. (A) There is hereby created and established the position of South Florida Fire Prevention Code Enforcement Officer. The South Florida Fire Prevention Code Enforcement Officer shall be appointed by the County Manager after considering the recommendations of the Dade County Fire Prevention and Safety Appeals Board. Said officer shall be exempt from the classified service and shall serve at the will of the County Manager. The Dade County Fire Prevention and Safety Appeals Board shall supervise the activities of said officer and may recommend the replacement of said officer. (B) The County Manager may appoint and employ personnel to assist the South Florida Fire Prevention Code Enforcement Officer, subject to the appropriation of funds and approval of salaries by the Board of County Commissioners, Such personnel may include members of a South Florida Fire Prevention Code Enforcement Team who shall work under the direct supervision of the South Florida Fire Prevention Code Enforcement Officer. The Dade County Fire Prevention and Safety Appeals Board may recommend persons to the County Manager for appointment to the aforesaid team. (C) The South Florida Fire Prevention Code Enforcement Officer or his designees shall have the following powers, duties and responsibilities: file: / /C:\DOCUM&- 1 \Mgarcia \LOCALS —1 \Temp \DNAZXN6G.htm 4/28/2010 Page 8 of 23 (1) To perform inspections of any property or premises or thing in the unincorporated and incorporated areas of Dade County for the purpose of determining whether or not the jurisdiction having fire safety and fire prevention responsibilities is adequately or uniformly enforcing the provisions of the South Florida Fire Prevention Code, this article, fire safety standards adopted by a municipality which are more stringent than the ire safety standards in this article or in the South Florida Fire Prevention Code, or in the rules and regulations of the State Fire Marshal, as all of same may be amended from time to time. No such inspection shall occur unless the chief fire code enforcement official of the jurisdiction, or his designee, is notified of the inspection prior to the occurrence in the inspection. (2) To order any person within any jurisdiction in Dade County, Florida, to comply with the provisions of the South Florida Fire Prevention Code, this article, any fire safety standards adopted by a municipality which are more stringent than the fire safety standards in this article or in the South Florida Fire Prevention Code, or in the rules and regulations of the State Fire Marshal, as all of same may be amended from time to time. Such order shall superseded and nullify the particular orders or actions of the fire officials of the particular jurisdiction; however, no such order shall be issued until the chief fire code enforcement official of the jurisdiction, or his designee, is afforded a reasonable period of time to obtain compliance. Said reasonable period of time shall be determined by and in the sole discretion of the South Florida Fire Prevention.Enforeement Officer. The South Florida Fire Prevention Code Enforcement Officer shall provide a copy of the order to the chief fire code enforcement official of the jurisdiction, or his designee, and to the governing body of the particular jurisdiction. (3) To report to the Dade County Fire Prevention and Safety Appeals Board all actions taken by the South Florida Fire Prevention Code Enforcement. Officer and Team on no less than a monthly basis. (4) To report, an no less than an annual basis, to the Board of County Commissioners, all activities of the South Florida Fire Prevention Code Enforcement Officer and Team. (5) The powers enumerated in this section shall be in addition to and not a limitation of or in derogation of any other powers granted to the South Florida Fire Prevention Code Enforcement Officer by any other provision of this article, the South Florida Fire Prevention Code or by state law, rule or regulation, as all of same may be amended from time to time. No other County or municipal officer, agent, employee or Board shall exercise any of the powers granted to the South Florida Fire Prevention Code Enforcement Officer by this article, the South Florida Fire Prevention Code, or by State law, rule or regulation, as all of same may be amended from time to time. (Ord. No. 87 -89, § 3,12-16-67) Sec. 14 -50. - Remedies cumulative and independent. All the judicial and administrative remedies in this article, the South Florida Fire Prevention Code, municipal ordinances, County ordinances, State laws, and rules and regulations, as all of same maybe amended from time to time, are independent and cumulative. (Ord. No. 87 -89, § 3,12-16-87) I Sec. 14 -51. - Strict liability. Whenever a violation of this article or of the South Florida Fire Prevention Code or of a more stringent municipal fire safety standard occurs or exists, any person, individually or otherwise who has a legal, beneficial or equitable interest in the facility or instrumentality causing or contributing to the violation or who has a legal, beneficial, or equitable interest in the real property upon which such facility or instrumentality is located shall be jointly and severally liable for said violation regardless of fault and regardless of knowledge of the violation. This provision shall be construed to impose joint and several liability, regardless of fault and regardless of knowledge of the violation, upon all persons, individually or otherwise, who, although no longer having any such legal, beneficial or equitable interest in said facility or instrumentality or real property, did have such an interest at any time during which such violation existed or occurred or continued to exist or to occur. This provision shall be liberally construed and shall be retroactively applied to protect the public health, safety, and welfare and to accomplish the purposes of this article and the South Florida Fire Prevention Code. (Ord. No. 87 -89, § 3,12-16-87) Sec. 14 -52. -Criminal penalty. If any person shall fail or refuse to obey or comply with, or violates any of the provisions of this article or of the South Florida Fire Prevention Code or of a more stringent fire safety standard or any lawful order of the chief fire code enforcement official of the jurisdiction, or his designee, or any lawful order of the South Florida Fire Prevention Code Enforcement Officer, or his designee, or any condition, limitation or restriction which is part of a permit issued or rendered under and pursuant to this article or the South file: / /C: \DOCUME- 1 \Mgarcia \LOCALS -1 \Temp \DNAZXN6G.htm 4/28/2010 Page 9 of 23 Florida Fire Prevention Code, such person, upon conviction of such offense, shall be punished by a fine not to exceed five hundred dollars ($500.00), or by imprisonment not to exceed sixty (50) days in the County Jail, or both in the discretion of the court. Each day of each continued violation shall be considered as a separate offense. (Ord. No. 87 -89, § 3,1245-87) -$ec. 14 -53. - Permits. (A) No person shall operate, utilize or occupy, or cause, allow, let, permit or suffer to be operated, utilized or occupied any facility, instrumentality or real property, in the unincorporated or incorporated areas of Dade County, which is required to obtain a permit issued by the Fire Department having jurisdiction pursuant to this article or the South Florida Fire Prevention Code without such a valid permit or in violation of any condition, limitation or restriction which is part of such a permit. (B) The criterion for issuance of a permit by the Fire Department having jurisdiction shall be compliance with the provisions of this article, the South Florida Fire Prevention Code or, within a municipality, any fire safety standards adopted by a municipality which are more stringent than the fire safety standards in this article or in the South Florida Fire Prevention Code, or in the rules and regulations of the State Fire Marshal, as all of same may be amended from time to time. The Fire Department having jurisdiction may require conditions, limitations and restrictions as part of any permit if said conditions, limitations, or restrictions are consistent with this article, the South Florida Fire Prevention Code, and, within a municipality, any fire safety standards adopted by a municipality which are more stringent than the fire safety standards in this article or in the South Florida Fire Prevention Code, or in the rules and regulations of the State Fire Marshal, as all of same may be amended from time to time. (C) The Fire Department having jurisdiction may deny the issuance of, suspend or revoke any permit for failure to comply with the provisions of this article, the South Florida Fire Prevention Code, or, within a municipality, any fire safety standards adopted by a municipality which are more stringent than the fire safety standards in this article, or in the South Florida Fire Prevention Code, or in the rules and regulations of the State Fire Marshal, as all of same may be amended from time to time. (D) The Fire Department having jurisdiction may deny the issuance of any such permit or revoke or suspend any such permit for failure to comply with the conditions, limitations and restrictions of any such permit. (E) No such permits shall be required for the aforesaid facilities, instrumentalities and real property existing on the effective date of this section until one hundred twenty (120) days from the effective date of this section. (F) All applications for permits pursuant to this section shall be on a form prescribed by the Fire Department having jurisdiction and accompanied by the required fee. The fees shall be established by administrative order of the County Manager and approved by the Board of County Commissioners for permits within the jurisdiction of the Metropolitan Dade County Fire Department. The fees shall be established by the governing body of the City of Miami Beach, the City of Miami, the City of Hialeah and the City of Coral Gables for such permits within the respective jurisdictions of the aforesaid municipalities. (G) The permit fees payable hereunder shall be deposited in a separate County fund, or, in the case of the aforesaid municipalities, in separate municipal funds, to be used exclusively by the Fire Department of the jurisdiction to pay for the costs of the following: (1) Investigation, preparation, and prosecution of civil and criminal actions, pursuant to this article or the South Florida Fire Prevention Code, to enforce the provisions of this article, the South Florida Fire Prevention Code and, in the case of the aforesaid municipalities, fire standards adopted by the municipality which are more stringent than the provisions in this article, the South Florida Fire Prevention Code, or the rules and regulations of the State Fire Marshal, as all of same may be amended from time to time. (2) Monitoring, permitting, and inspection of facilities, instrumentalities, and real property to determine and seek to Insure compliance with this article, the South Florida Fire Prevention Code, and, in the case of the aforesaid municipalities, fire standards adopted by the municipality which are more stringent than this article, the South Florida Fire Prevention Code, or the rules and regulations of the State Fire Marshal, as all of same may be amended from time to time. (3) Responding to and attempting to resolve citizen complaints against violations or possible violations of this article, the South Florida Fire Prevention Code, and in the case of the aforesaid municipalities, fire standards adopted by the municipality which are more stringent than this article, the South Florida Fire Prevention Code, or the rules and regulations of the State Fire Marshal, as all of same may be amended from time to time. (4) Fire safety and prevention planning, protection, and programming. (H) No part of such separate County and separate municipal funds shall be used for purposes other than the aforesaid. The amount of said fees shall be reasonably regulated to the cost of the services and regulation provided. (Ord. No. 87 -89, § 3,124547) file: / /C: \DOCUME-I \Mgazcia \LOCALS– I\Temp \DNAZXN60.htm 4/28/2010 Page 10 of 23 Sgp. 14 -53.1. - Plan review. (A) No County or municipal officer, agent, employee, agency, or Board shall issue any permit for construction, erection, alteration, repair, or demolition until the chief building code enforcement official of the jurisdiction, or his designee, in conjunction with the chief fire code enforcement official of the jurisdiction, or his designee, has reviewed the plans and specifications for such proposal and both of the aforesaid code enforcement officials, or their designees, have determined that the plans are in compliance with the South Florida Building Code, the South Florida Fire Prevention Code, this article, the rules and regulations of the State Fire Marshal, and any fire safety standards adopted by the municipality which are more stringent than the fire safety standards in this article, the South Florida Fire Prevention Code, or the rules and regulations of the State Fire Marshal, as all of same may be amended from time to time. (B) Any building or structure which is exempt from the County or municipal building permit process shall not be required to have its plans reviewed pursuant to (A) above. (C) Industrial construction on sites where design, construction, and fire safety are supervised by appropriate design and inspection professionals and which contain adequate in -house Fire Departments and rescue squads shall not be exempt from review of plans and inspections. (D) The County or municipality shall issue a permit to construct, erect, alter, repair, or demolish any building where the plans and specifications for such proposal comply with the South Florida Building Code, the South Florida Fire Prevention Code, this article, the rules and regulations of the State Fire Marshal, and any fire safety standards adopted by the municipality which are more stringent than the fire safety standards in this article, the South Florida Fire Prevention Code, or the rules and regulations of the State Fire Marshal, as all of same may be amended from time to time. (E) The chief building code enforcement official of the jurisdiction, or his designee, shall require of every threshold building that all plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that, to the best of the architeGCs or engineer's knowledge, the plans and specifications comply with the South Florida Building Code, the South Florida Fire Prevention Code, this article, the rules and regulations of the State Fire Marshal, and any fire safety standards adopted by the municipality which are more stringent than the fire safety standards in this article, the South Florida Fire Prevention Code, or the rules and regulations of the State Fire Marshal, as all of same may be amended from time to time. (F) Nothing in this section shall be construed to alter or supplement the provisions of Part IV of Chapter 553, Florida Statutes, relating to factory -built housing. (G) One- and two- family detached residential dwelling units shall not be subject to plan review by the chief fire code enforcement official of the jurisdiction, or his designee. (H) One- and two- family detached residential dwelling units shall be subject to inspection by the chief fire code enforcement official of the jurisdiction, or his designee, or by the South Florida Fire Prevention Code Enforcement Officer, or both, pursuant to Chapter 633, Florida Statutes, this article, the South Florida Fire Prevention Code, or as provided by law, as all of same may be amended from time to time. (Ord. No. 8749, 3, 1245.87) .. Sec. 14-54 -Consent agreements. The chief fire enforcement official of the jurisdiction, or his designee, may, in the official's or his designee's discretion, and the South Florida Fire Prevention Code Enforcement Officer may, in the officer's discretion, terminate an investigation or an action commenced under the provisions of this article or the South Florida Fire Prevention Code upon execution of a written consent agreement between the chief fire enforcement official of the jurisdiction, or his designee, or the South Florida Dire Prevention Code Enforcement Officer, and the persons who are the subject of the investigation or action. The consent agreement shall provide written assurance of voluntary compliance by said persons with the applicable provisions of this article, the South Florida Fire Prevention Code, and in the case of a municipality, fire safety standards adopted by the municipality which are more stringent than the provisions in this article, the South Florida Fire Prevention Code, or rules and regulations of the State Fire Marshal, as all of same may be amended from time to time. The consent agreement may, in the discretion of the chief fire code enforcement official, or his designee, or in the discretion of the South Florida Fire Prevention Code Enforcement Officer, provide the following: Posting of a surety, bond, or other security to assure compliance; costs and expenses of the Fire Department having jurisdiction or of the South Florida Fire Prevention Code Enforcement Officer for investigation, enforcement, testing, monitoring, and litigation, including attorneys' fees; civil penalties; remedial or corrective action, An executed written consent agreement shall not be evidence of a prior violation of this article, the South Florida Fire Prevention Code, or, in the case of a municipality, of any municipal ordinance. Such consent agreement shall not be deemed to impose any limitation upon any investigation or action of the South Florida Fire Prevention Code Enforcement Officer or chief fire code enforcement official of the jurisdiction, or his designee, in the enforcement of this article, the South Florida Fire Prevention Code or, in the case of a municipality, any municipal ordinance. The consent agreement shall not constitute a waiver of or limitation upon the enforcement of any federal, State or local laws and ordinances. Executed written consent agreements are hereby deemed to be lawful orders of the chief fire code enforcement official of the jurisdiction, or his designee, or of the South Florida Fire Prevention Code Enforcement Officer. Each violation of any of the terms and conditions of an executed written consent agreement shall constitute a separate offense under this article, the South Florida Fire Prevention Code, and, in the case of a municipality, an applicable municipal ordinance, by the persons who executed the consent agreement, their respective officers, directors, agents, servants, employees, and attorneys; and by those persons in active concert file : / /C: \DOCUME- 1\Mgarcia \LOCALS —1 \Temp \DNAZXN6G.htm 4/28/2010 Page 11 of 23 or participation with any of the foregoing persons and who receive actual notice of the consent agreement. Each day during any portion of which each such violation occurs constitutes a separate offense under this article, the South Florida Fire Prevention Code, and in the case of a municipality, any applicable municipal ordinance. Decisions and actions of the chief fire code enforcement official, or his designee, or of the South Florida Fire Prevention Code Enforcement Officer, pursuant to this section or the written consent agreements provided herein, shall not be subject to review by the Dade County Fire Prevention and Safety Appeals Board or by any other County or municipal Board, officer, agent or employee. (Ord. No, 87 -89, § 3,12-15-87) i Sec 14 -55. - Attorneys' fees. Upon the rendition of a judgment or decree by any of the courts of this state against any person in favor of the chief fire code enforcement official of the jurisdiction, or his designee, or in favor of the South Florida Fire Prevention Code Enforcement Officer, to enforce any of the provisions of this article or the South Florida Fire Prevention Code, the trial court, or, in the event of an appeal in which the chief fire code enforcement official of the jurisdiction, or his designee, or the South Florida Fire Prevention Code Enforcement Officer, prevails, the appellate court shall adjudge or decree against said person and in favor of the chief fire code enforcement official of the jurisdiction, or his designee, or the South Florida Fire Prevention Code Enforcement Officer, a reasonable sum as fees or compensation for the attorney of the chief fire code enforcement official of the jurisdiction, or his designee, or for the attorney of the South Florida Fire Prevention Code Enforcement Officer, who prosecuted the suit in which the recovery was had. Where so awarded, compensation or fees of the attorney shall be included in the judgment or decree rendered in the case. This provision shall apply to all pending or prospective civil actions, legal or equitable, filed by the chief fire code enforcement official of any jurisdiction in Dade County, or his designee, or by the South Florida Fire Prevention Code Enforcement Officer, to enforce the provisions of this article or the South Florida Fire Prevention Code or any more stringent municipal fire safety standard. Cessation, correction or remediation of any violation of the provisions of this article or the South Florida Fire Prevention Code or of any more stringent fire safety standard whatsoever, prior to rendition of a judgment or of a temporary or final decree, or prior to execution of a negotiated settlement, but after an action is filed by the chief fire code enforcement official of the jurisdiction, or his designee, or by the South Florida Fire Prevention Code Enforcement Officer, to enforce the provisions of this article or the South Florida Fire Prevention Code or a more stringent municipal fire safety standard, shall be deemed the functional equivalent of a confession of judgment or verdict in favor of the chief fire code enforcement official of the jurisdiction, or his designee, or the South Florida Fire Prevention Code Enforcement Officer, for which attorneys' fees shall be awarded by the trial court as set forth hereinabove. (Ord. No. 87 -89, § 3,12-15-87) sec. 14 -56:- Enforcement; procedure; remedies. (A) It shall be unlawful for any person to violate or to permit, allow, let or suffer any violation of: Any of the provisions of this article, the South Florida Fire Prevention Code, or any fire safety standard of a municipality which is more stringent in accordance with Section 633.025(5), Florida Statutes, as all of same may be amended from time to time; any condition, limitation or restriction which is part of a permit issued pursuant to this article or the South Florida Fire Prevention Code, as all of same may be amended from time to time; lawful orders of the chief fire code enforcement official of the jurisdiction, or his designee; lawful orders of the South Florida Fire Prevention Code Enforcement Officer; and consent agreements. In addition to any otherjudicial or administrative remedies provided by this article or by the South Florida Fire Prevention Code, the chief fire code enforcement official of the jurisdiction, or his designee, or the South Florida Fire Prevention Code Enforcement Officer, or both, shall have the following judicial remedies: (1) To institute a civil action in a court of competent jurisdiction to seek temporary or permanent, prohibitory or mandatory injunctive relief to enforce compliance with or prohibit the violation of: Any of the provisions of this article or of the South Florida Fire Prevention Code, as all of same may be amended from time to time; any lawful order of the chief fire code enforcement official of the jurisdiction, or his designee; any lawful order of the South Florida Fire Prevention Code Enforcement Officer; any fire safety standard of a municipality which Is more stringent in accordance with Section 633.025(5), Florida Statutes, as amended from time to time; any condition, limitation, or restriction which is part of a permit issued pursuant to this article or the South Florida Fire Prevention Code, as all of same may be amended from time to time; or any consent agreement. (2) To institute a civil action in a court of competent jurisdiction to impose and recover a civil penalty in an amount of not more than twenty-five thousand dollars ($25,000.00) for each violation of: Any of the provisions of this article or of the South Florida Fire Prevention Code, as all of same may be amended from time to time; any lawful order of chief fire code enforcement official of the jurisdiction, or his designee; any lawful order of the South Florida Fire Prevention Code Enforcement Officer; any fire safety standard of a municipality which is more stringent in accordance with Section 633.025(5), Florida Statutes, as amended from time to time; any condition, limitation, or restriction which is part of a permit issued pursuant to this article or the South Florida Fire Prevention Code, as all of same may be amended from time to time; or any consent agreement. (3) To institute a civil action in a court of competent jurisdiction to seek restitution and other equitable relief to recover any sums expended and costs incurred for: (1) Tracing, investigating, preventing, controlling, abating, or remedying violations of: This article, the South Florida Fire Prevention Code and fire safety standard adopted by a municipality which are more file: / /C:\DOCUME- 1 \Mgareia \LOCALS —1 \Temp \DNAZXN6G.htm 4/28/2010 Page 12 of 23 stringent in accordance with Section 633.025(5), Florida Statutes, as all of same may be amended from time to time; or any lawful order of the chief fire code enforcement official of the jurisdiction, or his designee; or any lawful order of the South Florida Fire Prevention Code Enforcement Officer; or any condition, limitation, or restriction which is a part of a permit issued pursuant to this article or the South - Florida Fire Prevention Code, as ail of same may be amended from time to time; or any consent agreement. (ii) Restoration of the air, waters, property, animal life, aquatic life and plant life within the County or municipality of their former condition. (B) Each day during any portion of which such violation occurs or continues to occur constitutes a separate violation. The right of trial by jury shall be available in any court to determine both liability for and the amount of the civil penalties to be imposed and recovered hereunder. (Ord. No. 87.89, § 3, 12- 15 -87) Sec, 14 -57. - Civil penalty and restitution fund. (A) The sums recoverable by the chief fire code enforcement official of the jurisdiction, or his designee, or by the South Florida Fire Prevention Code Enforcement Officer pursuant to Section 14- 56(A)(2) and (3) shall be deposited (i) in a separate County fund for sums recovered by the chief fire code enforcement official of the Metropolitan Dade County Fire Department, or his designee, with respect to both the incorporated and unincorporated areas of Dade County under the fire safety jurisdiction of the Metropolitan Dade County Fire Department as well as sums recovered by the South Florida Fire Prevention Code Enforcement Officer with respect to both the Incorporated and unincorporated areas of Dade County, or (ii) in separate municipal funds for sums recovered by the chief fire code enforcement official, or his designee, of the following municipalities: The City of Miami Beach, the City of Miami, the City of Hialeah, and the City of Coral Gables. (B) The aforesaid separate County and separate municipal funds shall only be used to pay for the following: (1) Tracing, investigating, controlling, abating, and remedying violations of this article, the South Florida Fire Prevention Code and, in the case of the aforesaid municipalities, fire standards adopted by the municipality which are more stringent than the provisions in this article, the South Florida Fire Prevention Code, or the rules and regulations of the State Fire Marshal, as all of same may be amended from time to time. (2) Restoration of the air, waters, property, animal life, aquatic life and plant life within the County or municipality to their former condition. (3) Fire safety and prevention, planning, protection, and programming. (4) Responding to and attempting to resolve citizen complaints against violations or possible violations of this article, the South Florida Fire Prevention Code, and, in the case of the aforesaid municipalities, fire standards adopted by the municipality which are more stringent than this article, the South Florida Fire Prevention Code, or the rule and regulations of the State Fire Marshal, as all of same may be amended from time to time. (5) Investigation, preparation, and prosecution of civil and criminal actions, pursuant to this article or the South Florida Fire Prevention Code, to enforce the provisions of this article, the South Florida Fire Prevention Code and, in the case of the aforesaid municipalities, fire standards adopted by the municipality which are more stringent than the provisions in this article, the South Florida Fire Prevention Code, or the rules and regulations of the State Fire Marshal, as all of same may be amended from time to time. (C) No part of such separate County and separate municipal funds shall be used for purposes other than the aforesaid. I Sec. 14 -68. - Standards. (A) The following standards of the National Fire Protection Association, Battery-March Park, Quincy, MA 02269, are hereby adopted by reference as if fully set forth herein: (1) NFPA 1 -1982, Fire Prevention Code, which shall only apply to combustible fibers. (2) NFPA 10.1991, Standard for Portable Fire Extinguishers, (3) NFPA 11.1988, Standard for Low Expansion Foam and Combined Agent Systems. (4) NFPA 11A -1988, Standard for Medium and High Expansion Systems. (5) NFPA 12 -1989, Standard on Carbon Dioxide Extinguishing Systems. (6) NFPA 12A -1989, Standard on Halon 1301 Fire Extinguishing Systems. (h NFPA 1213-1990, Standard on Halon 1211 Fire Extinguishing Systems. file: /!C: \DOCUME-1 \Mgarcia \LOCALS —I \Temp \DNAZXNbG.htm 4/28/2010 Page 13 of 23 (8) NFPA 13 -1989, Standard for the Installation of Sprinkler Systems. (9) NFPA 13A -1987, Inspection, Testing and Maintenance of Sprinkler Systems. (10) NFPA 13D -1989, Standard for the Installation of Sprinkler Systems in One- and Two - Family Dwellings and Mobile Homes. (11) NFPA 13R -1989, Installation of Sprinkler Systems in Residential Occupancies up to Four Stories in Height. (12) NFPA 14 -1990, Standard for the Installation of Standpipe and Hose Systems. (13) NFPA 15 -1990, Standard for Water Spray Fixed System for Fire Protection. (14) NFPA 16 -1991, Standard for the Installation of Deluge Foam -Water Sprinkler and Foam Water Spray Systems. (15) NFPA 16A -1988, Standard for the Installation of Closed -Head Foam -Water Sprinklers and Foam -Water Spray Systems. (16) NFPA 17 -1990, Standard for Dry Chemical Extinguishing Systems. (17) NFPA 17A -1990, Wet Chemical Extinguishing Systems. (18) NFPA 20 -1990, Standard for the installation of Centrifugal Fire Pumps. (19) NFPA 22 -1987, Standard for Water Tanks for Private Fire Protection, (20) NFPA 24 -1987, Standards for the Installation of Private Fire Service Mains and Their Appurtenances. (21) NFPA 26 -1988, Supervision of Valves Controlling Water Supplies for Fire Protection. (22) NFPA 30 -1990, Flammable and Combustible Liquids Code. (23) NFPA 30AA990, Automotive Service Station Code. (24) NFPA 31 -1987, Standard for the Installation of Oil Burning Equipment. (25) NFPA 32 -1990, Standard for Dry Cleaning Plants. (26) NFPA 33 -1989, Standard for Spray Application Using Flammable and Combustible Materials. (27) NFPA 34 -1989, Standard for Dipping and Coating Processes Using Flammable Combustible Liquids. (28) NFPA 35 -1987, Standard for the Manufacture of Organic Coatings. (29) NFPA 40 -1988, Standard and Handling of Cellulose Nitrate Motion Picture Film. (30) NFPA 40E -1986, Standard for the Storage of Pyroxylin Plastics. (31) NFPA 43A -1990, Standard for the Storage of Liquid and Solid Oxidating Materials. (32) NFPA 4313-1986, Standards for Storage of Organic Peroxide Formulation. (33) NFPA 43C -1986, Standards for Storage of Gaseous Oxidizing Material. (34) NFPA 43D -1986, Standard for Storage of Pesticides in Portable Containers. (35) NFPA 45 -1986, Standard of Fire Protection for Laboratories Using Chemicals. (36) ' NFPA 46.1990, Storage of Forest Products. (37) NFPA 49 -1991, Hazardous Chemicals Data (38) NFPA 50 -1990, Bulk Oxygen Systems at Consumer Sites. (39) NFPA 5013-1989, Liquefied Hydrogen Systems at Consumer Sites. (40) NFPA 51 -1987, Standard for the Design and Installation of Oxygen -Fuel Gas Systems for Welding, Cutting and Allied Processes. (41) NFPA 51A -1989, Acetylene Cylinder Charging Plants. (42) NFPA 516-1989, Standard for Fire Prevention and Use of Cutting and Welding Processes. (43) NFPA 52 -1988, Compressed Natural Gas Vehicular Fuel Systems. (44) NFPA 54 -1988, National Fuel Gas Code. file: / /C:\DOCUME- 1 \Mgarcia \LOCALS- 11Temp \DNAZXN6G.htrn 4/28/2010 Page 14 of 23 (45) NFPA 58 -1989, Standard for the Storage and Handling of Liquefied Petroleum Gases (46) NFPA 61A -1989, Standard for the Prevention of Fire and Dust Explosions in Facilities Manufacturing and Handling Starch. (47) NFPA 6113-1980, Standards for the Prevention.of Fires and Explosions in Grain Elevators and Facilities Handling Bulk Raw Agricultural Commodities. (48) NFPA 61C -1989, Standard for the Prevention of Fire and Dust Explosions in Feed Mills. (49) NFPA 6113-1989, Standard for the Prevention of Fire and Dust Explosion in the Milling of Agriculture Commodities for Human Consumption. (50) NFPA 65 -1989, Standard for the Processing and Finishing of Aluminum. .(51) NFPA 69 -1986, Explosion Venting Systems. (52) NFPA 70.1990, National Electrical Code. (53) NFPA 71 -1989, Standard for the Installation, Maintenance and Use of Central Station Signaling Systems. (54) NFPA 72 -1990, Standard for the Installation, Maintenance and Use of Local Protective Signaling Systems. (55) NFPA 72E -1987, Standard on Automatic Fire Detectors. (56) NFPA 72G -1989, Guide for the Installation, Maintenance and Use of Notification Appliances for Protective Signaling Systems. (57) NFPA 72H -1988, Guide for Testing Procedures for Local, Auxiliary, Remote Station and Proprietary Protection Signaling Systems. (58) NFPA 74- 1989, Standard for the Installation, Maintenance and Use of Household Fire Warning Equipment. (59) NFPA 75-1989, Standard for the Protection of Electronic Computer /Data Processing Equipment. (60) NFPA 80 -1990, Standard for Fire Doors and Windows. (61) NFPA 82 -1990, Standard on Incinerators, Waste and Line Handling Systems and Equipment. (62) NFPA 85A -1987, Standard for the Prevention of Furnace Explosions in Fuel Oil and Natural Gas -Fired Single Burner Boiler- Furnaces. (63) NFPA 8513-1989, Standard for the Prevention of Furnace Explosions in Natural -Fired Multiple Burner Boiler - Furnaces. (64) NFPA 85D -1989, Standard for the Prevention of Furnace Explosion in Fuel Oil -Fired Multiple Burner Boiler- Furnaces. (65) NFPA 85E -1985, Standard for the Prevention of Furnace Explosions in Pulverized Coal -Fired Multiple Burner Boiler- Furnaces. (66) NFPA 85F -1988, Standard for the installation and Operation of Pulverized Fuel Systems. (67) NFPA 85G -1987, Furnace Implosions in Multiple Burner Boiler- Furnaces. (68) NFPA 86 -1990, Standard for Ovens and Furnaces, Design, Location and Equipment. (69) NFPA 88A -1985, Standard for Parking Structures. (70) NFPA 88B -1985, Standard for Repair Garages. (71) NFPA 90A -1989, Standard for the Installation of Air Conditioning and Ventilating Systems, (72) NFPA 906 -1989, Standard for the installation of Warm Air Heating and Air Conditioning Systems. (73) NFPA 91 -1990, Standard for the Installation of Blower and Exhaust Systems. (74) NFPA 926 -1991, Smoke Management Systems in Mali Atria and Large Areas. (75) NFPA 96 -1991, Standard for the installation of Equipment for the Removal of Smoke and Grease -Laden Vapors from Commercial Cooking Equipment. (76) NFPA 97M -1988, Glossary of Terms Relating to Chimneys, Vents, and Heat - Producing Appliances. (77) NFPA 99 -1990, Standard for Health Care Facilities. file: / /C:\DOCUME- 1 \Mgarcia \LOCALS -1 \Temp \DNA7XN6G.htm 4/28/2010 Page 15 of 23 (78) NFPA 9913-1990, Hypobaric Facilities. (79) NFPA 101 -1991, Safety to Life From Fire In Buildings and Structures. - (80) NFPA 101M -1988, Manual on Alternative Approaches to Life Safety. (81) NFPA 102 -1986, Standard for Assembly Seating, Tents and Air - Supported Structures. (82) NFPA 110.1988, Standard for Emergency and Standby Power Systems. (83) NFPA 120 -1988, Standard for Coal Preparation Plants. (84) NFPA 150 -1991, Fire Safety in Racetrack Stables. (85) NFPA 211 -1988, Standard for Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances. (86) NFPA 214.1988, Water Cooling Towers. (87) NFPA 220 -1985, Standard on Types of Building Construction. (88) NFPA 231 -1990, Standard for Indoor General Storage. (89) NFPA 231 C -1991, Standard for Rack Storage of Materials. (90) NFPA 231 D -1989, Standard for Storage of Rubber Tires. (91) NFPA 231E -1989, Storage of Baled Cotton. (92) NFPA 231 F -1987, Standard for Storage of Rolled Paper. (93) NFPA 232 -1986, Standard for the Protection of Records. (94) NFPA 241 -1989, Standard for Safeguarding Building Construction and Demolition Operations. (95) NFPA 251 -1990, Standard Methods of Fire Tests of Building Construction and Materials. (96) NFPA 252 -1990, Standard Methods of Fire Tests of Door Assemblies. (97) NFPA 253 -1990, Standard Method.of Fire Tests for Critical Radiant Flux of Floor Covering Systems Using a Radiant Heat Energy Source. (98) NFPA 255 -1990, Standard Method of Test of Surface Burning Characteristics of Building Materials. (99) NFPA 256 -1987, Standard Methods of Fire Tests of Roof Coverings. (100) NFPA 257 -1985, Standard for Fire Tests of Window Assemblies. (101) NFPA 259 -1987, Standard Test Method for Potential Heat of Building Materials. (102) NFPA 303 -1990, Fire Protection Standards for Marinas and Boatyards. (103) NFPA 307 -1990, Standard for the Construction and Fire Protection of Marine Terminals, Piers and Wharves. (104) NFPA 327 -1987, Standard Procedure for Cleaning or Safeguarding Small Tanks and Containers. (105) NFPA 385 -1990, Standard for Tank Vehicles for Flammable and Combustible Liquids. (106) NFPA 386 -1990, Standard for Portable Shipping Tanks for Flammable and Combustible Liquids. (107) NFPA 395 -1988, Standard for Storage of Flammable and Combustible Liquids on Farms and Isolated Construction Projects. (108) NFPA 407 -1990, Aircraft Fuel Servicing. (109) NFPA 409 -1990, Aircraft Hangars. (110) NFPA 416.1987, Construction and Protection of Airport Terminal Buildings. (111) NFPA 418 -1990, Roof -Top Heliport Construction and Protection. (112) NFPA 480 -1987, Storage, Handling and Protecting of Magnesium. (113) NFPA 490 -1986, Code for the Storage of Ammonium Nitrate. (114) NFPA 491M -1991, Hazardous Chemical Reactions. (115) NFPA 495 -1990, Manufacture, Transportation, Storage and Use of Explosive Materials. file : / /C: \DOCUME- l \Mgarcia\LOCALS -1 \Temp \DNAZXN6G.htm 4/28/2010 Page 16 of 23 (116) NFPA 501A -1987, Standard for Firesafety Criteria for Mobile Home Installations, Sites and Communities. (117) NFPA 5010 -1990, Standard for Firesafety Criteria for Recreational Vehicles. (118) NFPA 501 D -1990, Standards for Firesafety Criteria and Recreational Vehicle Parks and Campgrounds. (119) NFPA 651 -1987, Standard for the Manufacture of Aluminum and Magnesium Powder. (120) NFPA 654 -1988, Prevention of Fire and Dust Explosions in Chemical, Dye, Pharmaceutical and Plastic Industries. (121) NFPA 655 -1988, Prevention of Sulfur Fires and Explosions. (122) NFPA 664 -1987, Prevention of Fires and Explosions in Wood Processing and Wood Working Facilities. (123) NFPA 701 -1989, Standard Methods of Fire Tests for Flame Resistant Textiles and Films. (124) NFPA 703 -1985, Standard for Fire Retardant Impregnated Wood and Fire Retardant Coatings for Building Materials. (125) NFPA 704 -1990, Standard System for the Identification of the Fire Hazards of Materials. (126) NFPA 907M -1988, Investigation of Fires of Electrical Origin. (127) NFPA 1123 -1990, Standard for Public Display of Fireworks. (128) NFPA 1221 -1988, Standard for the Installation, Maintenance and Use of Public Fire Service Communications. (129) NFPA 1962 -1988, Standard for the Care, Use and Maintenance of Fire Hose. (130) NFPA 1963 -1985, Screw Threads and Gaskets for Fire Hose Connections. (B) The following standards of the American National Standards Institute, Inc., 1430 Broadway, New York, N.Y. 10018, are hereby adopted by reference as if fully set forth herein: (1) Identification of Piping Systems, ANSI A13.1 -1981 (2) Safety Code for Fixed Ladders, ANSI A14.3 -1974 (3) Safety Code for Elevators and Escalators, ANSI A17.1 -1984 (4) Standard for Compressed Gas Cylinder Valve, Outlet and Inlet Connections, ANSI B -57 11965 (5) Power Piping, ANSI 831.1 -1983 (6) Fuel Gas Piping, ANSI B31.2 -1968 (7) Chemical Plant and Petroleum Refinery Piping, ANSI 831.3 -1984 (8) Liquid Petroleum Transportation Piping Systems, ANSI B31.4 -1979 (9) Gas Transmission and Distribution Piping Systems, ANSI 831.8 -1962 (10) Building Services Piping Code, ANSI 831.9 -1982 (11) Manual for Determining the Remaining Strength of Corroded Pipelines, ANSI B31G -1984 (12) Refrigeration Piping, ANSI 631.5.1983 (13) Safety Code for Mechanical Refrigeration, ANSI 15 -1978 (C) The following standards of the American Society of Mechanical Engineers, 345 East 47th Street, New York, N.Y. 10017, are hereby adopted by reference as if fully set forth herein: (1) Safety Code for Elevators and Escalators, A17.1 -1984 (2) Unfired Pressure Vessel Code 1980 (D) The following standards of the Underwriters Laboratories, Inc., 1285 Walt Whitman Road, Melville, Long Island, N.Y. 11747, are hereby adopted by reference as if fully set forth herein: (1) UL647 -1983, Standard for Unvented Kerosene -Fired Room Heaters and Portable Heaters. (E) The following standards of the Compressed Gas Association, Inc., 1235 Jefferson Davis Highway, Arlington, VA 22202, are hereby adopted by reference as if fully set forth herein: file: / /C: \DOCUME-I \Mgarcia \LOCALS —I \Temp \DNAZXN6G.htm 4/28/2010 Page 17 of 23 (1) CGA Pamphlet V -5, Standard for Noninterchangeable Low- Pressure Connections for Medical Gases, Air, and Suction (2) CGA Pamphlet G -1, Acetylene (3) CGA Pamphlet G -2, Anhydrous Ammonia (4) CGA Pamphlet G -3, Sulphur Dioxide (5) CGA Pamphlet G -4, Oxygen (6) CGA Pamphlet G -5, Hydrogen (7) CGA Pamphlet P -1, Safe Handling of Compressed Gases (8) CGA Pamphlet P -2, Characteristics and Safe Handling of Medical Gases (9) CGA Pamphlet V -5, Diameter -Index Safety System (F) The following standards of the American Petroleum Institute, 2101 L Street, N.W., Washington D.C., are hereby adopted by reference as if fully set forth herein: (1) API 620.1990 Rules for Design and Construction of Large, Welded, Low - Pressure Storage Tanks (2) API 1604 -1987, Removal and Disposal of Used Underground Petroleum Storage Tanks (G) The following standards of the American Society for Testing Materials, 1916 Race Street, Philadelphia PA, 19103, are hereby adopted by reference as if fully set forth herein: (1) ASTM B88 -81, Seamless Copper Tube . (2) ASTM D56 -77, Flash Point by Tag Closed Tester (3) ASTM D86 -62, Standard Method of Test for Distillation of Petroleum Products (4) ASTM Flash and Fire Points by Cleveland Cup (5) ASTM D93 -75, Flash Point by Pensky - Maltens Closed Tester (6) ASTM D323 -72, Vapor Pressure of Petroleum Products (7) ASTM D3243 -73, Flash Point of Aviation Turbine Fuels by Setaflash Closed Tester (8) ASTM D3278 -73, Flash Point of Liquids by Setaflash Closed Tester (9) ASTM E84 -81 a, Surface Burning Characteristics of Building Materials (10) ASTM E136 -79, Non - Combustibility of Elementary Materials (H) The following standards of the Institute of Makers of Explosives, 1575 1 Street, N.W., Washington, D.C. 20005, are hereby adopted by reference as if fully set forth herein: (1) Pamphlet No. 1, Standard Storage Magazine (2) Pamphlet No. 20, Radio Frequency Radiation Hazard in Use of Electric Blasting Caps (1) The following standards of the Fertilizer Institute, 1015 -18th Street, N.W., Washington, D.C. 20006, are hereby adopted by reference as if fully set forth herein: (1) Definition and Test Procedures for Ammonium Nitrate Fertilizer (J) The following standards of the Architectural Fabric Structures Institute, 1800 Pickwick Avenue, Glenview, IL 60025 -1377, are hereby adopted by reference as if fully set forth herein: (1) ASI -1977, Air Structures Design and Standards Manual. (Ord. No. 87 -89, § 3,12-15-87, Ord. No. 90.150, § 2, 1248.90; Ord, No. 92.35, § 1, 5 -5.92) I Sec. 14 -59. - Alternative requirements. References in this article or the South Florida Fire Prevention Code to provisions and standards shall be deemed to include any alternative requirements or any alternatives authorized pursuant to law and ordinance. file: / /C: \DOCUME– I \Mgarcia\LOCALS –I \Temp \DNAZXN6G.htm 4/28/2010 Page 18 of 23 (Ord. No. 87.89, § 3,12-15-87) .., f Sec. 14 -60, - Submission to legislature. The Dade County Board of Rules and Appeals is hereby directed to send a certified copy of this article and a certified copy of the South Florida Fire Prevention Code to the Legislature of the State of Florida on the effective date of this Ordinance Number 87- 89. (Ord. No. 87 -89, § 3,12-15-87) _ . Sec. 14&1. - Search warrants. The chief fire code enforcement officials of the jurisdictions in Dade County, Florida, having fire safety responsibilities, or their respective designees, and the South Florida Fire Prevention Code Enforcement Officer, or his designee, are hereby authorized and empowered to seek all search warrants reasonable and necessary to carry out their respective responsibilities, powers and duties set forth in this article and the South Florida Fire Prevention Code in accordance with the requirements of the Constitutions of the United States of America and the State of Florida. (Ord. No. 87 -89, § 3,12-15-8 7) E Sec. 14 -62. - Inspections; inspection warrants. (A) Any duly authorized representative of the chief fire code enforcement official of the jurisdiction, or his designee, or the South Florida Fire Prevention Code Enforcement Officer, may, at any reasonable time, enter, monitor, sample, test, and inspect, as often as may be necessary, any property, premises, building or place, public or private, residential or nonresidential, owner - occupied or nonowner occupied, within the jurisdiction, for the purpose of: Ascertaining and causing to be corrected any conditions which may cause or contribute to a fire; or which conditions may endanger life and property due to fire; to enforce the provisions of this article, the South Florida Fire Prevention Code, the rules and regulations of the State Fire Marshal, and any municipal ordinance containing fire safety standards which are more stringent than the foregoing; and to investigate the cause, origin; circumstances of every fire occurring within the jurisdiction which is suspicious in nature or which involves the loss of life or injury to person or by which property has been damaged. (B) No person shall refuse reasonable entry or access to the duly authorized representative who requests entry for any of the purposes set forth in (A) above and who presents appropriate credentials identifying himself. (C) No person shall obstruct, hamper, or interfere with any such inspection, entry, monitoring, testing, or sampling. (D) An inspection, entry, monitoring, testing and sampling, pursuant to this section may be conducted only after: (1) Consent for the entry, inspection, testing, monitoring and sampling is received from the owner or person in charge of the property, building, premises or place; or (2) An inspection warrant as provided in this section or by law is obtained. (E) An inspection warrant as authorized by this article may be issued by a judge of any County Court or Circuit Court of this State which has jurisdiction of the place or thing to be searched. (F) Upon proper affidavit being made, an inspection warrant may be issued pursuant to the provisions of this article for the following causes shown: (1) When it is reasonable to believe that the properties or items to be inspected may be connected with or contain evidence of the violation of any of the provisions of this article, the South Florida Fire Prevention Code, the rules and regulations of the State Fire Marshal, or any fire safety standard of at municipality which is more stringent than the foregoing; or (2) When the inspection sought is an integral part of a scheme of systematic routine or area inspections based upon reasonable legislative or administrative standards and neutral criteria. (G) Before issuing an inspection warrant, the judge shall examine on oath or affirmation the applicant and any other witness and shall satisfy himself of the existence of cause as set forth in (F) above for granting such application. (H) If the judge is satisfied that cause for the inspection warrant exists, the judge may issue the warrant particularly describing the place, dwelling, item, structure or premises to be inspected and designating on the warrant the purpose and limitations of the inspection. (1) An inspection warrant shall be effective for the time specified therein, but not for a period of more than fourteen (14) days file://C:\DOCUME-1\Mgarcia\LOCAJ,S—I\Temp\DNAZXN6G.htm 4/28/2010 Page 19 of 23 unless it is extended or renewed by the judge who signed and issued the original warrant upon satisfying himself that such extension or renewal is in the public interest. Such inspection warrant must be executed and returned to the judge by whom it was issued within the time specified in the warrant or within the extended or renewed time. After the expiration of such time, the warrant, unless executed, is void. (J) An inspection pursuant to an inspection warrant shall not be made by means of forcible entry, except that the judge may expressly authorize a forcible entry when facts are shown which are sufficient to create a reasonable suspicion of a violation which, if such violation existed, would be an immediate threat to health or safety or when facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. (K) Each jurisdiction in Dade County with fire safety responsibilities shall prepare and institute a fire safety and fire prevention inspection program for routine and area inspections within each such jurisdiction based upon specific, objective and neutral criteria and standards contained in written plans prepared by each of said jurisdictions. No inspection warrant shall be issued within the jurisdiction based upon cause under (F)(2) of this section, unless and until the written plan of the jurisdiction aforesaid is approved by the Board of County Commissioners by ordinance. (Ord. No. 87 -89, § 3,124$47) Sec. 14-63. -Orders. (A) Whenever evidence has been received establishing that a violation of this article, the South Florida Fire Prevention Code, the rules and regulations of the State Fire Marshal, or any fire safety standards of a municipality which are more stringent than any of the foregoing, has occurred or may reasonably be expected to occur, the chief fire code enforcement official of the jurisdiction, or his designee, or the South Florida Fire Prevention Code Enforcement Officer, or both, may issue, in their discretion, a notice to correct the violation or a citation to cease the violation and cause the same to be served upon the violator by personal service or certified mail to the violator's last known address or post office box or by posting a copy in a conspicuous place at the premises of the violation. Failure to claim the certified mail shall be deemed to be complete and proper service. Such notice or citation shall briefly set forth the general nature of the violation and specify a reasonable time within which the violation shall be rectified or stopped. Reasonable time herein means the shortest practicable time to rectify or stop the violation. Such notice or citation may require the violator to restrict, cease or suspend use or operation of the facility or premises. Any orders hereunder may be enforced as provided in Section 14 -66 of this article. This provision shall not be construed to require the issuance or service of a notice of violation or citation to cease or other order prior to initiating proceedings against a violator pursuant to Section 14-56 of this article. (B) For the purposes of this article, a violator shall mean the owner, lessee and any other person responsible for the condition of the premises. In the case of a corporation it shall also mean the resident agent, any director or officer. In the case of a partnership it shall also mean any partner. (Ord. No. 87 -89, § 3,12-15-87) Sep '14-64. - Correction of violations. (A) When a violation of this article, the South Florida Fire Prevention Code, the rules and regulations of the State Fire Marshal or any fire safety standard of a municipality more stringent than any of the foregoing, has occurred or continues to exist or when there is a reasonable likelihood of imminent endangerment to life or property because of a threatened violation of any of the foregoing provisions, the chief fire code enforcement official of the jurisdiction, or his designee, or the South Florida Fire Prevention Code Enforcement Officer, or both, in their discretion, may: (1) Take any action necessary to prevent such a violation, and (2) Trace, investigate, control, abate and remedy such a violation, and (3) Restore the air, waters, property, animal life, aquatic life and plant life within the County or municipality to their former condition.. (B) This section shall not be construed to provide a defense to or otherwise relieve or limit the liability or responsibility of any person who violated or is violating the particular provisions of law or ordinance aforesaid. Any sums expended may be recovered as provided by Section 14- 66(A)(3)(i) and (ii). (Ord. No. 87.89, § 3,12-15-67) I Sec. 14 -65. - Liens. Owners of real property shall be liable for the sums expended by the County or municipality pursuant to Section 14 -64 of this article when the violation occurred or continued to exist or appeared imminent upon the real property aforesaid, regardless of fault and regardless of knowledge of the aforesaid violation. All sums expended by the county or municipality pursuant to Section 14-64 of file: / /C: \DOCUME-- 1 \Mgarcia \LOCALS --1 \Temp \DNAZXN6G.htm 4/28/2010 Page 20 of 23 this article shall constitute and are hereby imposed as special assessments against the real property aforesaid, and until fully paid and discharged or barred by law, shall remain liens equal in rank and dignity with the lien of County or municipal ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved. All such sums shall become immediately due and owing to the County or municipality upon expenditure by the County or municipality and shall become delinquent if not fully paid within sixty (60) days after the due date. All such delinquent sums shall bear a penalty of fifteen (15) percent per annum. Unpaid and delinquent sums, together with all penalties imposed thereon, shall remain and constitute special assessment liens against the real property involved for the period of five (5) years from the due date thereof. Said special assessment liens may be enforced by the County or municipality by any of the methods provided in Chapter 85, Florida Statutes, or in the alternative, foreclosure proceedings may be instituted and prosecuted by the County or municipality pursuant to the provisions of Chapter 173, Florida Statutes, or the collection and enforcement of payment thereof may be accomplished by any other method provided by law. All sums recovered by the County or municipality pursuant to this provision shall be deposited by the County or municipality into the fund from which said sums were expended. (Ord. No. 87 -89, § 3,12-16,87, Ord. No. 90 -950, § 4,12-18-90) Sec. 14 -66. - Fire alarms. (1) Purpose. The purpose of this section is to seek to obtain proper installation, operation, maintenance, testing, and supervision of fire alarm systems and to seek to obtain compliance with Chapter 633, Florida Statutes, the Florida Fire Prevention Code, the Florida Administrative Code Rule 69A-48 and Rule 69A -60, NFPA 72 (2002 Edition) National Fire Alarm Code, NFPA 13 (2002 Edition) Standard for the Installation of Sprinkler Systems and this section. (2) Scope of regulation. The provisions of this section shall apply to all fire alarm systems, except one- and two- family . dwelling unit fire alarm systems, within the geographical area of Miami -Dade County. (3) Definitions applicable to Section 14 -66 and Section 14 -67 of this Code. (a) Alarm Signal. A signal indicating an emergency that requires immediate action including, but not limited to, a signal indicative of fire. (b) Annunciator. A unit containing one or more indicator lamps, alphanumeric displays, or other equivalent means in which each indication provides status information about a circuit, condition, or location. (c) Authority Having Jurisdiction (AHJ). The chief fire official responsible for approving equipment, materials, an installation, or a procedure. (d) Central Station. A supervising station that is listed for central station service. (e) Central Station Fire Alarm System. A system or group of systems in which the operations of circuits and devices are transmitted automatically to, recorded in, maintained by, and supervised from a listed central station that has competent and experienced servers and operators who, upon receipt of a signal, take such action as required by this Code. Such service is to be controlled and operated by a person, firm, or corporation whose business is the furnishing, maintaining, or monitoring of supervised fire alarm systems. (f) Central Station Service. The use of a system or a group of systems in which the operations of circuits and devices at a protected property are signaled to, recorded in, and supervised from a listed central station that has competent and experienced operators who, upon receipt of a signal, take such action as required by this Code. Related activities at the protected property, such as equipment installation, inspection, testing, maintenance, and runner service, are the responsibility of the central station or a listed fire alarm service local company. (g) Certificate (Certificated). Posted verification of a systematic program that uses randomly selected follow -up inspections of the certificated systems installed under the program that allows the listing organization to verify that a fire alarm system complies with all the requirements of NFPA 72 (2002 Edition) National Fire Alarm Code. A system installed under such a program is identified by the issuance of a certificate and is designated as a certificated system. (h) Combination System. A fire alarm system in which components are used, in whole or in part, in common with a non -fire signaling system. - (I) Fire Department Notification. The immediate and automatic notification of the local fire jurisdiction by electronic means in accordance with NFPA 72 (2002 Edition) National Fire Alarm Code, that a fire alarm signal has been reported to the fire alarm system. Q) Evacuation Signal. A distinctive signal intended to be recognized by the occupants as requiring evacuation of the building or zone. (k) Fire Alarm Control Unit (Fire Alarm Control Panel). A system component that receives inputs from automatic and manual fire alarm devices and might supply power to detection devices and to a transponder(s) or oft - premises transmifter(s). The control unit might also provide transfer of power to the notification appliances and transfer of condition to relays or devices connected to the control unit. The fire alarm control unit can be a local fire alarm control unit or a master control unit. - file: / /C:\DOCUME- 1 \Mgarcia \LOCALS --1 \Temp \DNAZXN6G.htm 4/28/2010 Page 21 of 23 (1) Fire Alarm Signet. A signal initiated by a fire alarm - initiating device such as a manual fire. alarm box, automatic fire detector, water flow switch, or other device in which activation is indicative of the presence of a fire or a fire signature. (m) Fire Alarm System. A system or portion of a combination system that consists of components and circuits arranged to monitor and annunciate the status of fire alarm or supervisory signal- initiating devices.and to initiate the appropriate response to those signals. (n) Listed. Equipment, materials, or services included in a list published by an organization that is acceptable to the authority having jurisdiction and concerned with evaluation of products or services, that maintains periodic inspection of production of listed equipment or materials or periodic evaluation of services, and whose listing states that either the equipment, material, or service meets appropriate designated standards or has been tested and found suitable fora specified purpose. (o) Master Control Unit (Panel). A control unit that serves the protected premises or portion of the protected premises as a local control unit and accepts inputs from other fire alarm control units. (p) Nuisance Alarm. Any alarm caused by mechanical failure, malfunction, improper installation, or lack of proper maintenance, or any alarm activated by a cause that cannot be determined. (q) Placard (Placarded). A means to signify that the fire alarm system of a particular facility is receiving central station service in accordance with NFPA 72 (2002 Edition) National Fire Alarm Code by a listed central station or listed fire alarm service -local company that is part of a systematic follow -up program under the control of an independent third -party listing organization or a nationally recognized testing laboratory. (r) Proprietary Supervising Station. A location to which alarm or supervisory signaling devices on proprietary fire alarm systems are connected and where personnel are in attendance at all times to supervise operation and investigate all signals. (s) Proprietary Supervising Station Fire Alarm System. An installation of fire alarm systems that serves contiguous and noncontiguous properties, under one ownership, from a proprietary supervising station located at the protected property, or at one of multiple non - contiguous protected properties, at which trained, competent personnel are in constant attendance. (t) Protected Premises. The physical location protected by a fire alarm system. (u) Protected Premises (Local) Fire Alarm System. A protected premises system that sounds an alarm at the protected premises as the result of the manual operation of a fire alarm box or the operation of protection equipment or systems including, but not limited to, water flowing in a sprinkler system, the discharge of carbon dioxide, the detection of smoke, or the detection of heat. (v) Remote Supervising Station Fire Alarm System. A system installed in accordance with this Code to transmit alarm, supervisory, and trouble signals from one or more protected premises to a remote location where appropriate action is taken. (w) Runner. A fire alarm service technician who is qualified to inspect, test and maintain fire alarm systems in accordance with NFPA 72 (2002 Edition) National Fire Alarm Code, who is licensed pursuant to Chapter 489 Part II, Florida Statutes, and who is available at all times to respond to signals at a protected premises. (x) Runner Service. The service provided by a runner at the protected premises, including resetting and silencing of all equipment transmitting fire alarm or supervisory signals to an off - premises location and the restoration or repair of the fire alarm system. (y) Signet, A status indication communicated by electrical or other means. (z) Sprinkler system. For fire protection purposes, an integrated system of underground and overhead piping designed in accordance with fire protection engineering standards. The installation includes one or more automatic water supplies. The portion of the sprinkler system aboveground is a network of specially sized or hydraulically designed piping installed in a building, structure, or area, generally overhead, and to which sprinklers are attached in a systematic pattem. The valve controlling each system riser is located in the system riser or its supply piping. Each sprinkler system riser includes a device for actuating an alarm when the system is in operation. The system is usually activated by heat from a fire and discharges water over the fire area. (aa) Supervision. The monitoring of supervisory signals by qualified personnel from an approved monitoring facility in compliance with NFPA 72 (2002 Edition) National Fire Alarm Code. (bb) Supervisory Signal. A signal indicating the need for action in connection with the supervision of guard tours, the fire suppression systems or equipment, or the maintenance features of related systems. (cc) Supervising Station. A facility that receives signals and at which personnel are in attendance at all times to respond to these signals. (dd) Supervisory Service. The service required to monitor performance of guard tours and the operative condition of fixed suppression systems or other systems for the protection of life and property. file : / /C:\DOCUM&- 1\Mgarcia \LOCALS —1 \Temp \DNAZX- N6G.htm 4/2 8/2010 Page 22 of 23 (ee) Third -Parfy Verification Organization. An independent organization providing published standards for the operation and administration of a listed central station service program that is acceptable to the authority having jurisdiction and that operates in accordance with NFPA 72 (2002 Edition) National Fire Alarm Code in providing a system for the verification and listing of fire alarm systems for central station service and which provides a certificate or placard indicating compliance. (ft) Trouble Signal. A signal initiated by the fire alarm system or device indicative of a fault in a monitored circuit or .component. (4) Runner Service and Service Contracts. All fire alarm systems shall be required to have in effect at all times a service contract with a licensed fire alarm service contractor, a listed fire alarm service -local company or a listed central station to provide all maintenance, service and testing as required by this Code. (a) The service contract shall include a provision for runner service available to respond to the protected premises at any and all times within two (2) hours of notification of the runner service of any alarm or supervisory signal, and within four (4) hours of notification of any trouble signal. Existing fire alarm systems shall comply with Section 14- 66(4) of this Code not later than five hundred forty -five (545) days after the effective date of this ordinance. The authority having jurisdiction shall have the authority to extend the time for compliance with Section 14 -66(4) of this Code for existing fire alarm systems to not later than one thousand ninety -five (1,095) days after the effective date of this ordinance if the authority having jurisdiction determines that compliance within five hundred forty -five (545) days is not reasonable under all the facts and circumstances. 1. The runner shall restore the fire alarm system to complete working order. 2. In the event that the runner cannot restore the fire alarm system to complete working order, the building, structure, or occupancy may be subject to certain limitations, conditions, and restrictions, including fire watch requirements, as determined by the authority having jurisdiction. (b) Posting requirements. A fire alarm user shall conspicuously post at the main entrance to the alarm user's premises a notice stating: (1) the name of an individual or alarm company able and authorized to enter the premises and deactivate the alarm; (2) emergency telephone numbers by which those individuals ran be reached at all times; and (3) the name and address of the alarm user, The information must be kept current and failure to update this information within forty -eight (48) hours of any change constitutes a violation of this section. (c) The runner at all times shall be provided with a key or other means of accessing the fire alarm control panel at any time. (d) The licensed fire alarm service contractor, listed fire alarm service -local company or listed central station shall provide to the authority having jurisdiction written notification in such form and manner as approved by the authority having jurisdiction not less than thirty (30) days prior to the termination, cancellation, or expiration of the service contract and shall not terminate the services required by the contract for any reason until thirty (30) days after said notification has been received by the authority having jurisdiction. (5) Serviceability. All fire alarm systems shall be maintained fully functional at all times and all deficiencies shall be reported to the authority having jurisdiction in writing in accordance with Florida Administrative Code Rule 69A -46, and shall be - repaired not later than four (4) hours after the fire alarm system is out of service or not later than a time determined by the authority having jurisdiction. (6) Evacuation Signals. All fire alarm systems providing evacuation signals shall provide audible notification signals at the sound pressure levels'required in NFPA 72 (2002 Edition) National Fire Alarm Code. , (a) Existing fire alarm systems not meeting a minimum sound pressure level of at least 15 dBA above the average ambient sound level, or 5 dBA above the maximum sound level having a duration of at least sixty seconds, whichever is greater, measured 1.5 meters above the floor in the occupiable area, using the A- weighted scale (dBA), may be required by the authority having jurisdiction to upgrade the audibility of the fire alarm system to meet all of the requirements set forth in NFPA 72 (2002 Edition) National Fire Alarm Code. The minimum sound level in sleeping rooms or areas with all intervening barriers closed shall be 70 dBA. Fire alarm systems not meeting the 70 dBA standard may be required by the authority having jurisdiction to upgrade the audibility of the system to meet the requirements set forth in NFPA 72 (2002 Edition) National Fire Alarm Code_ (b) If the authority having jurisdiction reasonably believes that an existing fire alarm system does not provide adequate sound pressure levels to accomplish evacuation notification then the authority having jurisdiction may, In the discretion of the authority having jurisdiction, require that the user of the existing fire alarm system provide to the authority having jurisdiction a signed, written report in such form and manner as approved by the authority having jurisdiction from a fire alarm contractor licensed to service fire alarm systems in Miami -Dade County setting forth the sound pressure levels (dBA) throughout the building. The fire alarm system user shall provide the signed, written report to the authority having jurisdiction not later than sixty (60) days after receipt of written notification from the authority having jurisdiction to provide the signed written report. (7) Annunciators and Fire Alarm Control Units. All protected premises shall be required to have the fire alarm control unit or a remote annunciator located in the building lobby near the main entrance, or, if there is no main entrance or lobby, in a common area where the fire alarm control unit or remote annunciator can be seen and heard by the occupants of the building, structure, or occupancy, or shall be located in another location approved by the authority having jurisdiction. file: / /C: \DOCUME-- I \Mgarcia \LOCALS —I \Temp \DNAZXN6G.htm 4/28/2010 Page 23 of 23 (a) Existing remote supervising station fire alarm systems which are otherwise in compliance with this section may be exempted from the provisions of Section 14 -66(7) of this Code by the authority having jurisdiction when it is determined by the authority having jurisdiction that a reasonable degree of safety is provided without the addition of a remote annunciator. (8) Supervising Stations. All supervising stations shall be listed by a third -party verification organization acceptable to the authority having jurisdiction. (9) New Installations. All new fire alarm systems and all new sprinkler systems with supervision or emergency forces notification shall meet the requirements for central station service or proprietary supervising station fire alarm systems and shall be either a certificated or placarded central station fire alarm system as set forth in NFPA 72 (2002 Edition) National Fire Alarm Code or a listed proprietary supervising fire alarm system. (a) Verification of compliance with the requirements of this section with respect to the installation of new fire alarm systems, as implemented in accordance with the applicable code(s), specifications, or other criteria applicable to the specific installation, shall be certified by a third -party verification organization acceptable to the authority having jurisdiction and shall be evidenced by a certificate or placard. (b) The user of all new fire alarm systems and new sprinkler systems with supervision or emergency forces notification shall at all times conspicuously post a certificate or a placard on or within thirty -six (36) inches of the fire alarm control unit, as set forth in NFPA 72 (2002 Edition) National Fire Alarm Code. (10) Upgrades, Renovation, Additions, Repairs, or Modernization. Any upgrade, renovation, addition, repair, or modernization of any existing fire alarm system which includes the replacement of the master control unit with anything other than the exact make and model as the existing master control unit or which Includes the addition of a fire alarm control panel which will provide or replace any of the functions of the existing master control unit, except notification, shall be required to have the complete fire alarm system in compliance with all the requirements for new installations. If an upgrade, renovation, addition, repair, or modernization includes greater than one -half of the entire fire alarm system, then the entire fire alarm system shall be required to be in compliance with Section 14 -66 (9) of this Code. (11) Proprietary Supervising Station Fire Alarm Systems. (a) All proprietary supervising station fire alarm systems shall be listed by a third party verification organization. (b) Existing proprietary supervising, station fire alarm systems shall comply with subsection (11)(a) hereinabove not later than five hundred forty -five (546) days after the effective date of this ordinance. (12) False Alarms, Inoperable Systems, Remedy of Existing Systems. Any existing fire alarm system determined by the authority having jurisdiction to be inoperable for any reason, unless the system has been reported to the authority having jurisdiction and is in the process of actively being repaired, or a fire alarm system which has caused more than four nuisance alarms within any three hundred sixty -five (365) day period, shall be required to upgrade the fire alarm system to be in compliance with the new fire alarm requirements set forth in NFPA 101 (2003 Edition) Life Safety Code and Section 14 -66(9) of this Code. (Ord, No, 0E -27, § 1, 3 -4 -08) Sec. 14 -67. - Sprinkler systems, fire pumps, and other extinguishing systems. (1) Purpose. The purpose of this section is to seek to obtain proper installation, operation, maintenance, testing, and supervision of sprinkler systems, fire pumps, and other fire extinguishing systems, and to seek to obtain compliance with Chapter 633, Florida Statutes, the Florida Fire Prevention Code, the Florida Administrative Code Rule 69A -48 and Rule 69A -60, NFPA 72 (2002 Edition) National Fire Alarm Code, NFPA 13 (2002 Edition) Standard for the Installation of Sprinkler Systems, NFPA 13R (2002 Edition) Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height, and this section. (2) Scope of Regulations. The provisions of this section shall apply to all sprinkler systems, except one- and two- family dwelling unit sprinkler systems, within the geographical area of Miami -Dade County. (3) New Sprinkler Systems. All new sprinkler systems shall be supervised in accordance with NFPA 72 (2002 Edition) National Fire Alarm Code. (4) Compliance with Section 14 -66, Sprinkler systems, fire pumps and other extinguishing systems required to be supervised in accordance with NFPA 72 (2002 Edition), by any applicable code, or this section shall be installed, maintained, serviced and operated in accordance with all applicable codes and standards and Section 14.66 of this Code. (Ord. No. 08 -27, § 1, 3 -4-08) file : / /C: \DOCUME— I \Mgarcia \LOCALS—I \Temp \DNAZXN6G.htm 4/28/2010 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f1kfa Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - MAY 4, 2010 in the XXXX Court, was published In said newspaper in the issues of 04/23/2010 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published In said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and alliant lurther says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 1 Sworn to and subscribed before me this 23 day of PAIL , A.O. 20010 (SEAL) V. 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