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Res. No. 070-00-10963RESOLUTION NO.7°-00-10963 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,URGING THE LEGISLATURE OF THE STATE OF FLORIDA TO CLARIFY AND/OR AMEND STATE LAW TO REQUIRE THAT PUBLIC SCHOOL SYSTEMS INSURE COMPLIANCE WITH FIRE AND SAFETY CODES AND THAT COUNTY,MUNICIPAL AND OTHER LOCAL AGENCIES SHALL HAVE ENFORCEMENT AUTHORITY TO REQUIRE COMPLIANCE WITH APPLICABLE CODES AT ALL PUBLIC SCHOOL FACILITIES IN THE STATE OF FLORIDA;PROVIDING AN EFFECTIVE DATE. WHEREAS,the Miami-Dade County Public School system has deemed itself immune fromthecode enforcement authority of county and municipal building,fireandotheragencies;and WHEREAS,theMiami-DadeCountyPublicSchool system hasblatantly failedtoinsurecompliancewitheven niinimal safetycodesand standards in many publicschoolsthroughouttheCounty;and WHEREAS,thepublicrecordreflectsmanyyears of grossneglect pertaining tothecondition of publicschool facilities in Miami-Dade County;and WHEREAS,records and reports of inspectionsconducted by publicschool personnel during the last ten years demonstrate that the school system has ignored theexistence of serious safety hazards and code violations within numerous public school facilities forlongandcompletely unreasonable periods of time;and WHEREAS,conditionshavebecomesohazardousatsomepublicschools, particularly at Miami Beach Senior High School,that local officials have determinedcontinuation of suchconditionsconstituteasignificant danger tothe students,facultyand staff atthese facilities. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA; Section1.ThattheCity of SouthMiamiherebyformallyurgesthe Florida Legislature to clarify and/or amend state lawto require that public school systems insure compliance with fire and safety codes and that county,municipal and other local agencies shall have enforcement authority suchasto require local Additionsshownby underlining and deletions shownby ovorstriking. agencies shall have enforcement authority suchasto require compliance with applicablecodesatallpublicschoolfacilitiesandauthoritytoordertheclosure of thosewhichfailtocomplyafterinspectionandnotice. Section2.ThattheCityManagershallsendacopy of thisresolutionto other municipalities intheState of Florida andtothe Governor andState Legislaturesurgingthatthismatterbetakencareof immediately. Section3.Thisresolutionshalltakeeffectimmediatelyupon approval. PASSED AND ADOPTED this 21stday of March ,2000. APPROVED: CITY CLERK MAYOR Commission Vote:4-0 READ AND APPROVED ASTOFORM:Mayor Robaina:Yea Vice Mayor Feliu:Yea -^/(ct fca£)U /*"Commissioner Wiscombe:Yea -CfTY ATTORNEY Commissioner Bethel:Yea Commissioner Russell:Out of room Page2 of2 Resolution NO.70-00-10963 CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO:Mayor and City Commission ^DATE:3/17/00 7AGENDAITEM# FROM:Charles D.Scurr /Ijjfa u Comm.Mtg.3/21/00 City Manager {^A^^Public School Systems REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,URGING THE LEGISLATURE OF THE STATE OF FLORIDA TO CLARIFY AND/OR AMEND STATE LAW TO REQUIRE THAT PUBLIC SCHOOL SYSTEMS INSURE COMPLIANCE WITH FIRE AND SAFETY CODES AND THAT COUNTY,MUNICIPAL AND OTHER LOCAL AGENCIES SHALL HAVE ENFORCEMENT AUTHORITY TO REQUIRE COMPLIANCE WITH APPLICABLE CODES AT ALL PUBLIC SCHOOL FACILITIES IN THE STATE OF FLORIDA;PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Robaina joins with the City of Surfside in urging the State Legislature to clarify and/or amend state law to require that public school systems insure compliance with fire and safety codes and that county,municipal and other local agencies shall have enforcement authority such as to require local agencies shall have enforcement authority such as to require compliance with applicable codes inall public school facilities and authority to order the closure of those which fail to comply after inspection and notice. 03/11/00 SKI 10f57 FAI SURFSIDE ©001 TOWN OF SURFSIDE 9293 Harding Avenue Surfside,Florida 33154 Ph:305-993-1052 Ph:305-861-4863 Fax:305-993-5097 FACSIMILE TRANSMISSION COVER SHEET To:Municipal and County Agencies Fr:Alan J,Rubin Vice Mayor,Town of Surfside Re:Fire Safety Enforcement Authority;Public School Facilities Date:March 11,2000 The following draft Resolution is respectfully submitted for your consideration.The Miami-Dade County Public School system has failed to comply with even minimal safety codes atpublic school facilitiesin this county.The school system has knowingly ignored serious hazards year after year,refusing to correct the hazards repeatedly noted by its own inspectors. State law must be amended to convey enforcement authority to local agencies such as fire departments andbuilding departments.The structure and operation of school safety compliance procedures must be amended prior to,and In preventionof,atragedy-notina response after the fact of such a tragedy. Please review the inspection findings and photographs on lineat httD://wvvwiown.surfside.fl.us/schools,htrnl Please let me know if your legislative body considers passage of this Resolution;thank you. 03/11/00 S5VT 10T58 FAX SURFSIDE ©002 RESOLUTION NO A RESOLUTION OP THE TOWN OF SURFSIDE URGING THE LEGISLATURE OF THE STATE OF FLORIDA TO CLARIFY AND/OR AMEND STATE LAW TO REQUIRE THAT PUBLIC SCHOOL SYSTEMS INSURE COMPLIANCE WITH FIRE AND SAFETY CODES AND THAT COUNTY,MUNICIPAL AND OTHER LOCAL AGENCIES SHALL HAVE ENFORCEMENT AUTHORITY TO REQUIRE COMPLIANCE WITH APPLICABLE CODES AT ALL PUBLIC SCHOOL FACILITIES IN THE STATE OF FLORIDA. WHEREASr the Miami-Dade County Public School system has deemed itself immune from thecode enforcement authority of county and municipalbuilding,fireandotheragencies;and WHEREAS,the Miami-Dade County Public School system has blatantly failed to insure compliance with even minimal safety codes and standards in many public schools throughout theCounty; and WHEREAS,the public record reflects many years of gross neglect pertaining to the condition of public school facilities in Miami-Dade County;and WHEREAS,records and reports of inspections conducted by public school personnel during the last ten years demonstrate that the school system has ignored the existence of serious safety hazards and code violations within numerous public school /11/00 SXT "10:58 FAI SURFSIDE ©00303 facilities forlongand completely unreasonable periods of time; and WHEREAS,conditions havebecomeso hazardous atsomepublic schools,particularly atMiamiBeachSenior High School,thatlocal officials have determined continuation of such conditions constitutes a significant danger tothestudents,faculty andstaff at these facilities. NOW,THEREFORE,THE COMMISSION OF THE TOWN OF SURFSIDE HEREBY RESOLVES: Section 1.That the above and foregoing recitals are true and correct. Section 2.That the Town Commission of the Town of Surfside, Florida hereby formally urges the Florida Legislature to clarify and/or amend state lawto require that public school systems insure compliance with fire and safety codes and that county,municipal and other local agencies shall have enforcement authority such as to require compliance with applicable codes at all public school facilities and authority to order the closure of those which fail to comply after inspection and notice. Section 2.That the Town Manager shall send a copy ofthis resolution to other municipalities in the State of Florida and to the Governor and State Legislature urging thatthis matter betaken care of immediately. 03/15/00 WED 09:44 FAX ,SURFSIDE IgjOOl STATE LEGISLATURE ASKED TO CHANGE STATE LAW TO AUTHORIZE LOCAL AGENCIES TO ENFORCE FIRE AND SAFETY CODES AT PUBLIC SCHOOL FACILITIES 3-15-00 SURFSIDE:Responding to numerous documented and serious life safety hazards at Miami-Dade County public schools,the Surfside Town Commission metTuesdaynight (March 14,2000)and voted unanimously to request the Florida Legislature to pass legislation authorizing local fire departments and building departments to have enforcement authority to insure compliance with safety codesat public schools. Under present law,local agencies may only conduct "courtesy inspections",butthey have no ability to require compliance with fire/safety codes orto take action inthe event ofcontinuedviolations.TheMiami-DadeCountypublicschoolsystemhasanatrocious record ofignoring serious safety code violations year after year.Recently when dangerous conditions were proven to exist at Miami Beach Senior High School and Fcinberg/Fisher Elementary School,school officials first denied the problems then attempted to cover them upby painting over inoperable fire alarm systems at Beach High and putting plywood over crumbling structural columns at Feiriberg/Fisher. "The school system's record ofpersistently ignoring life safety hazards and refusing to acknowledge the dangers being feced by students,teachers and staff warrants prompt action by the Florida Legislature,"said Surfside Mayor Paul Novack,who has spearheaded a movement to bring safety,accountability and productivity to the public schools."Local agencies have repeatedly attempted toworkwith school system officials to gain correction of dangerous conditions and compliance with applicable codes,tono avail...the school system is far more interested inPR than itisin truly addressing the deplorable reality that exists at many schools in Miami-Dade County today." Fire Chiefsand Fire Marshals from Miami-Dade,theCity of Miami,theCity ofMiami Beach,and elsewhere have agreed with the need for changing state law,after finding hundreds of long standing violations at school facilities throughout the county.School officials have foiled or refused to comply with safety codes despite having specific notice and knowledge of the violations and dangers that presently exist.Other municipalities will consider resolutions similar to Surfside's initiative withinthenextfewweeks. Photographs of school facilities,inspection reports conducted by school inspectors and fire department inspectors,and related documentation is available to demonstrate the immediate need for a change inthe present system which allows public school systems to be unaccountable tor the failure to rectify safety hazards at school facilities.Hard copies are available from theTown of Surfside;many ofthese items are also on line at www.town-surfside.fl.iis/schools.html For more information,contact Surfside Mayor Paul Novack at 305-993-1052 or 305-947-3000.