Ordinance 18-2011 Fire Prevention & Protection ORDINANCE NO. 18 -2011
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING
CHAPTER 46, FIRE PREVENTION AND PROTECTION, ARTICLE
111, FIRE PREVENTION CODE, AT SECTION 46 -69, ORDERING
CORRECTION OF HAZARDS; COMPLIANCE REQUIRED;
APPEAL; SECTION 46 -71, OWNER RESPONSIBILITY FOR
VACANT PREMISES; SECTION 46 -74, OPEN BURNING; AND
46 -75 EXIT DOORS AND MEANS OF EGRESS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM
BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 46, Fire Prevention and Protection; Article III, Fire Prevention
Code; Section 46 -69, to read as follows:
"Sec. 46 -69. Ordering correction of hazards; compliance required; appeal.
(a) Whenever the chief of the fire - rescue department or his designee shall find on any
building or upon any premises, or in any public place, violations of the currently adopted Florida
Fire Prevention Code, combustible or explosive material or dangerous accumulation or rubbish or
unnecessary accumulation of wastepaper, boxes, shavings or other highly combustible materials
especially liable to fire, and which are so situated as to endanger property, or shall find
obstructions to or on fire escapes, stairs, passageways, doors, or windows liable to interfere with
the operation of fire - rescue or the egress of occupants in case of fire, he shall order same to be
removed or remedied. Such order shall be forthwith complied with by the owner or occupant of
such place or building. If such remedy shall require an alteration of the structure of such buildings
or place, the owner or occupant may appeal that order pursuant to this section to the board of
adjustments and appeals.
(b) The board of adjustments and appeals shall within 45 days review such order and file its
decision thereon; and unless the order is revoked or modified, it shall remain in full force and be
obeyed by such owner or occupant. The board of adjustments and appeals must find the
Ordinance No. 18 -11 Page 1 of 4
appeal remedy equal to or greater than the code requirement. Further appeal would be to the
town council."
Section 2. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 46, Fire Prevention and Protection; Article III, Fire Prevention
Code; Section 46 -71, to read as follows:
"Sec. 46 -71. Owner responsible for vacant premises.
The duties imposed upon occupants of buildings and premises by this
article are imposed upon the owners of such buildings and premises when such
buildings and premises are vacant. Every person owning or having charge or
control of any vacant building or premises shall remove all combustible storage,
waste, refuse and vegetation and shall lock, barricade or otherwise secure all
windows, doors and other openings to prohibit entry by unauthorized persons. All
fire protection systems shall be maintained and in service in vacant buildings. The (,
fire - rescue chief, or his designee, may make an exception if the building has
limited use of utilities or the construction is fire - resistant and void of any
combustible materials. Violation of this section shall be subject to the penalty for a
Class III violation as set forth in Section 2 -439 of the town code of ordinances"
Section 3. The Code of Ordinances of the Town of Palm Beach is hereby
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amended at Chapter 46, Fire Prevention and Protection; Article III, Fire Prevention
Code; Section 46 -74, to read as follows:
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"Sec. 46 -74. Open burning.
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It shall be unlawful for any person to kindle a fire on any lot, street, alley,
park or other public or private place, except in deg ✓ices designed for heating and
cooking such as fireplaces and stoves, without first obtaining a bonfire permit from
the fire - rescue chief or his designee. All devices designed for outdoor use shall be
operated no closer than five feet from any building or combustible material and
shall not be operated on any balcony or roof. Violation of this section shall be
subject to the penalty for a Class III violation as set forth in Section 2 -439 of the
town code of ordinances."
Section 4. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 46, Fire Prevention and Protection; Article Ill, Fire Prevention
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Code; Section 46 -75, to read as follows:
"Sec. 46 ®75. Exit doors and means of egress.
Any person, business or organization found guilty of violating those
sections of the currently adopted Florida Fire Prevention Code or the Life Safety
Code (NFPA 101), relative to illegally locking exits or blocking means of egress,
shall be subject to the penalty for a Class III violation as set forth in Section 2 -439
of the town code of ordinances."
Section 5. Severability. If any provision of this Ordinance or the application thereof
is held invalid, such invali::lity shall nit =effect the other provisions or applications of this
Ordinance which can be given effect without the invalid provisions or applications, and to
this end the provisions of this Ordinance are hereby declared severable.
Section 6. Repeal of Ordinances in Conflict. All other ordinances of the Town of
Palm Beach, Florida., or parts thereof which conflict with this or any part of this Ordinance
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are hereby repealed.
Section 7. Codification. This Ordinance shall be codified and made a part of the j
official Code of Ordinances of the l - own of Palm Beach.
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Section 8. Effective Date. This Ordinance shall take effect immediately upon its
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passage and approval, as provided by law.
Ordinance No. 18 -11 Page 3 of 4
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the
Town of Palm Beach on first reading this 9 day of August, 2011, and for second and final
reading on this 13 day of September, 2011.
ail L. Coniglio, Ma David A. Rosow, Town Council President
itdrick, - Cc ncil P ider Pro Tem
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AW D amond, Town nil Member
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AT€�T Richar M. Kleid, Town Council Member
Susan A. Owens, own Clerk Michae J. Pucill own Council Member
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