§ 24.08. Authority.

(a)

1.7.1. Administration. The provisions of this Code shall apply without restriction, unless specifically exempted.

(b)

1.7.2 Minimum Qualifications to Enforce this Code. The AHJ shall establish minimum qualifications for all persons assigned the responsibility of enforcing this Code.

(c)

1.7.3. Interpretations.

(1)

1.7.3.1. The AHJ is authorized to render interpretations of this Code and to make and force rules and supplemental regulations in order to carry out the applications and intent of its provisions.

(2)

1.7.3.2. Such interpretations, rules, and regulations shall be in conformance with the intent and purpose of this Code and shall be available to the public during normal business hours.

(d)

1.7.4. Enforcement Assistance. Police and other enforcement agencies shall have authority to render necessary assistance in the enforcement of this Code when requested to do so by the AHJ.

(e)

1.7.5. Delegation of Authority.

(1)

Responsibility for Code Enforcement. The Manager of the Fire Safety Management Division shall be responsible for the administration and enforcement of this Code to ensure compliance therewith.

(2)

1.7.5. Delegation of Authority. The AHJ shall be permitted to delegate to other qualified individuals such powers as necessary for the proper administration and enforcement of this Code.

(3)

Code Inspectors. The personnel assigned to the Fire Safety Management Division delegated to carry out the inspection and enforcement procedures required by this Code shall be certified by the State as a Fire Safety Inspector as set forth by Florida Statute § 633.081.

(f)

1.7.6. Inspections.

(1)

1.7.6.1. The AHJ shall be authorized to inspect, at all reasonable times, any building or premises for dangerous or hazardous conditions or materials as set forth in this Code. The AHJ shall have authority to order any person(s) to remove or remedy such dangerous or hazardous condition or material. Any person(s) failing to comply with such order shall be in violation of this Code.

(2)

1.7.6.2. The AHJ shall have the authority to order any person(s) remove or remedy such dangerous or hazardous condition or material. Any person(s) failing to comply with such order shall be in violation of this Code.

(3)

1.7.6.3. To the full extent permitted by law, any AHJ engaged in fire prevention and inspection work shall be authorized at all reasonable times to enter and examine any building, structure, marine vessel, vehicle, or premises for the purpose of making fire safety inspections.

(4)

1.7.6.4. Before entering a private dwelling, the AHJ shall obtain the consent of the occupant thereof or obtain a court warrant authorizing entry for the purpose of inspection except in those instances where an emergency exists.

(5)

1.7.6.5. As used in 1.7.6.4, emergency means circumstances that the AHJ knows, or has reason to believe, exist and that reasonably can constitute imminent danger.

(6)

1.7.6.6. Persons authorized to enter and inspect buildings, structures, marine vessels, vehicles, and premises as herein set forth shall be identified by proper credentials issued by this governing authority.

(g)

1.7.7. Where conditions exist and are deemed hazardous to life or property by the AHJ, the AHJ shall have the authority to summarily abate such hazardous conditions that are in violation of this Code.

(h)

1.7.8. Interference with Enforcement. Persons shall not interfere or cause conditions that would interfere with any AHJ carrying out any duties or functions prescribed by this Code.

(i)

1.7.9. Impersonation. Persons shall not use a badge, uniform, or other credentials to impersonate the AHJ.

(j)

1.7.10. Investigation.

(1)

Authority.

(A)

1.7.10.1. Authority. The AHJ shall have the authority to investigate the cause, origin, and circumstances of any fire, explosion, or other hazardous condition.

(B)

The Fire Chief as AHJ has delegated the authority to investigate incidents as described in Section 24.08(i) to the District Chief-Special Investigative Services Division.

(2)

1.7.10.2. Evidence. The AHJ shall have the authority to take custody of all physical evidence relating to the cause of the fire, explosion, or other hazardous condition.

(3)

1.7.10.3. Limiting Access. The AHJ shall have the authority to limit access to emergencies or other similar situations.

(4)

1.7.10.4. Trade Secret. Information that could be related to trade secrets or processes shall not be made part of the public record except as might be directed by a court of law.

(k)

Plans and Specifications.

(1)

1.7.11. Plans and Specifications. The AHJ shall have the authority to require plans and specifications to ensure compliance with applicable codes and standards.

(2)

Prior to issuance of permit for construction of any building other than detached one- and two-family dwellings, plans shall be submitted to the Chief of the Fire Department, or his or her designee, for approval to insure that the proper fire prevention, fire protection, and safety facilities are provided.

(l)

1.7.12. Inspection of Construction and Installations.

(1)

1.7.12.1. The AHJ shall be notified by the person performing the work when the installation is ready for a required inspection.

(2)

1.7.12.2. Whenever any installation subject to inspection prior to use is covered or concealed without having first been inspected, the AHJ shall have the authority to require that such work be exposed for inspection.

(3)

1.7.12.3. When any construction or installation work is being performed in violation of the plans and specifications as approved by the AHJ, a written notice shall be issued to the responsible party to stop work on that portion of the work that is in violation.

(4)

1.7.12.4. The notice shall state the nature of the violation, and no work shall be continued on that portion until the violation has been corrected.

(5)

Approval of the fire department access and all tests for fire alarm, detection, and suppression systems, smoke evacuation systems, and life safety systems shall be conducted prior to final inspection and issuance of a certificate of occupancy.

(6)

The AHJ shall have the authority to require any permittee, at the permittee's expense, to provide a qualified and impartial third party, such as a professional engineer or licensed contractor, for verification of compliant fire alarm system installation in accordance with applicable codes.

(m)

1.7.13. Certificate of Occupancy. When the Building Code requires a certificate of occupancy, the certificate of occupancy, shall not be issued until approved by the AHJ for fire code enforcement.

(n)

1.7.14. Stop Work or Evacuation.

(1)

1.7.14.1. The AHJ shall have the authority to order an operation, construction, or use stopped and the immediate evacuation of any occupied building or area when such building has hazardous conditions that present imminent danger.

(2)

1.7.14.2. Whenever any work is being done contrary to provisions of this Code, the AHJ is hereby authorized to order such work stopped.

(3)

Work is occurring without a permit required by Section 1.12.

(4)

An imminent danger has been created

(5)

Such work shall immediately stop until authorized by the AHJ to proceed.

(o)

1.7.15. Imminent Dangers and Evacuation.

(1)

1.7.15.1. When, in the opinion of the AHJ, an imminent danger exits, the AHJ shall be authorized to order the occupants to vacate, or temporarily close for use or occupancy, a building, the right-of-way, sidewalks, streets, or adjacent buildings or nearby areas.

(2)

1.715.2. The AHJ shall be authorized to employ the necessary resources to perform the required work in order to mitigate the imminent danger.

(3)

1.7.15.3. Cost incurred by the AHJ in the performance of emergency work shall be the responsibility of the property owner or other responsible party creating such imminent danger.

(p)

1.7.16. Standby Fire Personnel.

(1)

1.7.15.1. The AHJ shall have the authority to require standby City emergency services personnel and/or prevention personnel or an approved fire watch when potentially hazardous conditions or a reduction in a life safety feature exist due to the type of performance, display, exhibit, occupancy, contest, or activity, an impairment to a fire protection feature, or the number of persons present.

(2)

1.7.16.2. The owner, agent, promoter or lessee shall employ one or more qualified persons, as required and approved, to be on duty.

(3)

1.7.16.2.1. The cost of the standby fire personnel shall be at no cost to the AHJ. The determination that stand-by emergency services personnel are required shall be based upon the number of person(s) in attendance and the nature of the performance, exhibition, display, contest, event or activity. While so employed, such persons shall be subject to the AHJ's orders at all times and shall be in uniform and remain on duty during the times such places or events are open to the public, or when the activity is being conducted.

(4)

1.7.16.3. Such standby fire personnel or fire watch personnel shall be subject to the AHJ's orders at all times and shall be identifiable and remain on duty during the times such places are open to the public, when such activity is being conducted, or as required by the AHJ.

(5)

1.7.16.4. All standby fire personnel and the use thereof shall be approved by the AHJ

(6)

1.7.16.5. Standby emergency, fire suppression and fire prevention services shall be provided exclusively through the City Fire Department, unless and except, to the extent that assistance by other duly qualified service providers is specifically requested by the AHJ. Such request for assistance shall be pursuant to the fully executed agreement for Mutual Aid, unless the AHJ has made the request for assistance pursuant to an emergency. The City Fire Department is authorized to charge for services rendered under this section, based upon the Fire Department cost to provide the required level of emergency services including any administrative expenses.

(q)

1.7.17. Public Fire Education.

(1)

1.7.17.1. The AHJ shall have the authority to develop and implement a public fire safety education program as deemed necessary for the general welfare with respect to the potential fire hazards within the jurisdiction.

(2)

1.7.17.2. The AHJ shall have the authority to ensure that appropriate or duly authorized public fire safety education programs or public fire safety messages are disseminated to the general public.

(Ord. No. 2017-23, § 2, 5-15-2017, Doc. #1705151205)