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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2004-030Temp. Ordinance #2047 Page 1 August 12, 2004 Revision # 1 — September 30, 2004 Revision #2 -- October 7, 2004 Revision #3 — October 20, 2004 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2004- 3 0 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 7 OF THE CITY CODE ENTITLED, "FIRE PREVENTION AND PROTECTION", ARTICLE III, "STANDARDS", SECTION 7-48, "FIRE PREVENTION CODE — ADOPTION" AND SECTION 7-50, "APPEALS FROM DECISIONS OF FIRE CHIEF', TO REMOVE CONFLICTS WITH THE FLORIDA FIRE PREVENTION CODE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Tamarac Fire Rescue Department currently provides fire and rescue services to the residents and businesses of the City; and WHEREAS, the State of Florida adopted the Florida Fire Prevention Code effective January 1, 2002; and WHEREAS, The South Florida Fire Prevention Code is no longer applicable; and WHEREAS, Section 7-48 provides for the purpose of prescribing regulations governing conditions hazardous to the life and property from fire or explosion, and Section 7-50 provides for appeals from decisions of Fire Chief; and WHEREAS, current City of Tamarac Code requirements are in conflict with the Florida Fire Prevention Code; and WHEREAS, all municipalities in the state are required to adhere to the Florida Fire Prevention Code; and Coding: Words in struck through are deletions from existing law; Words in -underscored type are additions. Temp. Ordinance #2047 Page 2 August 12, 2004 Revision # 1 — September 30, 2004 Revision #2 -- October 7, 2004 Revision #3 — October 20, 2004 WHEREAS, the Florida Fire Prevention Code supersedes Tamarac City Code; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interest of the citizens and residents of the City of Tamarac to amend Chapter 7, Sections 7-48 and 7-50 of the City Code by deleting the Sections in conflict. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing whereas clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: Chapter 7 of the City Code, "Fire Prevention and Protection", Article III, "Standards", Section 7-48, "Fire Prevention Code — Adoption" is hereby amended as follows: Sec. 7-48. Fire Prevention Code --Adoption. The City Commission does adopt, by reference, for the purpose of prescribing regulations governing conditions hazardous to the life and property from fire or explosion, that certain code known as the South Florida Fire Prevention Code, Breward Geunt y Eiditie•.n, as outlined in Se uth ReFuda Buil.-1ong Cede, being more particularly described as the current edition thereof and the whole thereof, save and AVe ept s eh e Ftie ns a aFe hereinafter deleted, F,. edified e-. amended in and by this ssF ie+le , and the same is adopted and incorporated herein as if it were set out in length and spread upon the pages hereof, and the provisions thereof shall be controlling within the municipal boundaries of the city. P Coding: Words in s*.," gh are deletions from existing law; Words in underscored type are additions. 1 Temp. Ordinance #2047 Page 3 August 12, 2004 Revision # 1 — September 30, 2004 Revision #2 --- October 7, 2004 Revision #3 — October 20, 2004 SECTION 3: Chapter 7 of the City Code, "Fire Prevention and Protection", Article III "Standards", Section 7-50, "Appeals from Decisions of Fire Chief', is hereby amended as follows: Sec. 7-50. Appeals from Decisions of Fire Chief. Whenever the fire chief disapproves any application or refuses to grant a license or permit applied for, or when it is claimed that the provisions of the fire prevention code adopted in this article have been misconstrued or wrongfully interpreted or wrongfully applied, the applicant may appeal from the decision of the fire chief as provided in the South Florida Fire Prevention Code SECTION 4: It is the intention of the City Commission and it is hereby ordained that the provisions of this Section shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered, relettered and the word "Ordinance" may be changed to "Section," "Article" or such other word or phrase in order to accomplish such intention. SECTION 5: All Ordinances or parts of Ordinances, and all Resolutions and parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. Coding: Words in ^*Fut,ugh are deletions from existing law; Words in underscored type are additions. Temp. Ordinance #2047 Page 4 August 12, 2004 Revision # 1 — September 30, 2004 Revision #2 — October 7, 2004 Revision #3 — October 20, 2004 SECTION 7: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this 27th day of October, 2004 PASSED, SECOND READING this 10th day of November, 2004. ATTEST: MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. '�)Ze OE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: 1st Reading MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM- ALABISCO Aif- DIST 3: VIM SULTANOF AN DIST 4: COMM. ROBERTS RECORD OF COMMISSION VOTE: 2nd Reading MAYOR SCHREIBER DIST 1: COMM. PORTN R DIST 2: COMM. FLANSBAUM-TALABISCO*-e- DIST 3: VIM SULTANOF A4 e DIST 4: COMM. ROBERTS Coding: Words in StFuek threugh are deletions from existing law; Words in underscored type are additions. 1 7 u 1