TITLE VI:  FIRE AND HEALTH
Chapter
   6-1.   FIRE PREVENTION AND PROTECTION
   6-2.   FIRE RESCUE ASSESSMENT ACT
CHAPTER 6-1:  FIRE PREVENTION AND PROTECTION
Section
General Provisions
   6-1-1   Adoption of state and national fire codes by reference
   6-1-2   Definitions
   6-1-3   Modifications/interpretations
   6-1-4   Exceptions
Fire Protection Regulations Generally
   6-1-16   Fire inspection reporting system
   6-1-17   Bulk storage of petroleum gas restricted
Open Burning
   6-1-55   Scope
   6-1-56   Definitions
   6-1-57   Prohibitions
   6-1-58   Open burning allowed
   6-1-59   Other types of open burning allowed
   6-1-60   Permitting
Hazardous Substances
   6-1-70   Purpose
   6-1-71   Definitions
   6-1-72   Labeling and use
   6-1-73   Releases
   6-1-74   Exceptions
   6-1-75   Cost recovery; investigation of hazardous substance incident
Administration and Enforcement
   6-1-85   Appeals
   6-1-86   Enforcement
   6-1-87   New materials, processes or occupancies which may require permits
 
   6-1-99   Penalty
Cross-reference:
   For provisions concerning the Fire Prevention Board, see § 2-3-14
GENERAL PROVISIONS
§ 6-1-1  ADOPTION OF STATE AND NATIONAL FIRE CODES BY REFERENCE.
   The city hereby adopts in its entirety F.S. § 633.0215 minimum fire safety standards and as may be amended, together with Florida Administrative Code Rule 69A-60 as may be amended and National Fire Protection Association (NFPA) 1 Fire Code, Florida Edition (2012) and National Fire Protection Association 101 Life Safety Code, Florida Edition (2012) and as  modified by Rule 69A-60 (FAC) and is binding within the corporate limits of the city and police jurisdiction thereof.
(Ord. 2642, passed 4-17-07; Am. Ord. 2835, passed 10-2-12; Am. Ord. 2899, passed 5-5-15)
§ 6-1-2  DEFINITIONS.
   For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AUTHORITY HAVING JURISDICTION (AHJ), as used in the state and national fire codes shall mean the City Fire Chief or his or her designee.
   FIRE MARSHAL.  The City Fire Chief or his or her designee.
   GROSS FLOOR AREA shall be computed by measuring the entire square footage under roofs, coverings, permanent awnings, regardless of separation; the square footage of each floor level shall be counted separately and added to determine total gross floor area.
(Ord. 2642, passed 4-17-07; Am. Ord. 2835, passed 10-2-12; Am. Ord. 2899, passed 5-5-15)
§ 6-1-3  MODIFICATIONS/INTERPRETATIONS.
   The Fire Chief or his or her designee shall have power to modify, adjust or render an interpretation on any provisions of the Fire Prevention Code upon application in writing by an owner or lessee, or his or her duly authorized agent, when there are practical difficulties that hinder carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety is secured, and substantial equity and justice is done. The particulars of such modifications or interpretation when rendered shall be entered upon the records of the Fire and Building Department with a signed copy to the applicant.
(‘76 Code, § 11-10)  (Am. Ord. 2642, passed 4-17-07; Am. Ord. 2835, passed 10-2-12; Am. Ord. 2899, passed 5-5-15)
§ 6-1-4  EXCEPTIONS.
   The following standards are hereby adopted in the city and amends § 6-1-1 as follows:
   NFPA 1 sections are amended to add the following text:
   (A)   13.3.1.1 General
      All automatic sprinkler systems installed in any building must include an electronic supervision containing an automatic signal transmission that is continuously monitored and complies with NFPA 72, the National Fire Alarm Code.
   (B)   13.3.2 Where Required
      All new non-residential buildings totaling 5,000 square feet or more gross floor area shall have an approved automatic sprinkler system installed in accordance with Section 13.3.1.1. Any renovation or alteration to an existing structure which results in an increase of the total gross floor area that exceeds 5,000 square feet of the entire structure shall be required to install throughout the structure an approved automatic sprinkler system in accordance with Section 13.3.1.1. Any renovation or alteration to an existing structure 5,000 square feet or more which has a net increase in total square footage exceeding 5,000 square feet shall be required to install an approved automatic sprinkler system in accordance with Section 13.3.1.1 throughout the structure.
   (C)   18-2-2-1 Access Boxes
      Access boxes shall be required for every building with a required fire sprinkler system or fire alarm system. The access box shall be a type approved by the Fire Chief or his designee and shall contain those necessary keys or other devices necessary to gain access to the building. The owner, lessee, occupier or other person in charge of the building shall notify the Fire Chief or his designee of any change in the key or other access devices charged and insure that the correct key or other unlocking devices is contained in the access box. Timely notification shall be 24 hours or less.
   (D)   18.3 Water Supplies & Fire Hydrant
      18.3.1
      An approved water supply capable of supplying the required fire flow, as determined using Table 18.4.5.1.2 of NFPA 1 or an approved equivalent, shall be provided to all premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into the city.
(Ord. 2642, passed 4-17-07; Am. Ord. 2835, passed 10-2-12; Am. Ord. 2899, passed 5-5-15)
FIRE PROTECTION REGULATIONS GENERALLY
§ 6-1-16  FIRE INSPECTION REPORTING SYSTEM.
   The Chief of the Fire Department or his or her designee shall have the power to require a fire inspection reporting system and the authority to appoint a third party provider as necessary, reasonable and prudent. All third party inspectors performing inspections, testing and maintenance on any Engineered Fire and Life Safety System in any buildings shall only use the designed fire inspection reporting system. Any third party inspector or owner who fails to comply with this section shall be in violation and assessed a penalty of $500.
(Ord. 2898, passed 5-5-15)
§ 6-1-17  BULK STORAGE OF PETROLEUM GAS RESTRICTED.
   The city establishes and follows the limits referred to in the Fire Prevention Code in which bulk storage of liquified petroleum is restricted, as amended as follows: 
   (A)   Bulk storage of liquified petroleum gas (LPG) is prohibited in the city.  BULK STORAGE OF LPG is defined as any storage of LPG, in any amount, intended for resale through an LPG dispensing unit.
   (B)   The limits on the size of LPG containers, not used for bulk storage as outlined above, are defined as follows:
      (1)   Containers of LPG having a capacity of more than 1,000 gallons (10,000 lbs. water capacity) are prohibited in all areas of the city.
      (2)   Total aggregate capacity at any residential site is limited to 1,000 gallons of LPG (10,000 lbs. water capacity).  Total aggregate capacity in all other areas of the city shall not exceed 3,000 gallons LPG (30,000 lbs. water capacity) unless separated by a distance of 25 feet.  If the installation is underground, there is no limit to the total aggregate.
      (3)   Containers of LPG having a capacity of 50 pounds of less (119 lbs. water capacity) are permitted to be stored while awaiting usage, or being offered for sale/exchange for empty containers.  No more than 24 containers may be stored and/or offered for sale at any one site under this provision.  This location must be operated by an approved exchange unit operator, if required, at an approved and inspected site, as determined by the State of Florida Bureau of Liquified Petroleum Gas Inspection Division of Standards.
('76 Code, § 11-5) (Am. Ord. 2043, passed 2-14-95)  Penalty, see § 6-1-99
OPEN BURNING
§ 6-1-55  SCOPE.
   This subchapter establishes rules and regulations for open burning inside the city limits as outlined and defined herein. Any questionable or unusual circumstances not outlined or defined herein shall be resolved by the authority having jurisdiction.
('76 Code, § 11-16(a))  (Ord. 1542, passed 8-30-88) 
§ 6-1-56  DEFINITIONS.
   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.  In those cases wherein a word or words are not defined, its definition shall be as found in Black's Law Dictionary, latest edition, or in American Heritage College Dictionary, third edition.
   AIR CURTAIN INCINERATOR.  A portable or stationary combustion device that directs a plane of high-velocity, forced-draft air through a manifold head into a pit with vertical walls in such a manner as to maintain a curtain of air over the surface of the pit and recirculating motion of air under the curtain. An air curtain incinerator is controlled burning, as defined in Florida Administrative Code Rule 17-7.02(15).
   AIR POLLUTION.  The presence in the outdoor atmosphere of the state of any one or more substances or contaminants in quantities which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or which unreasonably interferes with the enjoyment of life or property, including outdoor recreation.
   AIR POLLUTION EPISODE.  Any occurrence of elevated levels of pollutants in the atmosphere which require hasty and unusual abatement action.
   APPROVED FUEL.  Fuel approved by the Department to emit or release a minimum of pollutants when burned.
   AUTHORITY HAVING JURISDICTION.  The Fire Chief or his or her designee responsible for the control and enforcement of burning permits and regulations inside the city.
   AUTHORIZED FIRE CONTROL AGENCY.  The Kissimmee Fire Department.
   CLEAN DRY WOOD.  Wood including, but not limited to, lighter pine, lumber or tree and shrub trunks, branches, and limbs which are free of paint, pentachlorophenol, creosote, tar asphalt, or other wood preservatives, and which when burned does not emit excessive visible emissions.
   DEPARTMENT.  The Department of Environmental Regulation.
   DEPARTMENT AIR STAGNATION ADVISORY.  A temporary prohibition of open burning activities by the Department that is based upon a Department forecast of a stagnant atmospheric meteorological condition that does not allow the dispersion of air pollutants.
   EXCESSIVE  VISIBLE  EMISSIONS.  Air  pollutants emitted in such quantity as to obscure an observer's view to a degree equal to or greater than Number Two (or 40% opacity) on the Ringelmann Smoke Chart as published in the U.S. Bureau of Mines Information Circular No. 7718.
   EXTINGUISHED.  The absence of any visible flames, smoke or emissions.
   FORCED DRAFT.  An adequate current of air, blown or forced by a fan or other mechanical means, which is directed or arranged in relation to the open burning in such a manner as to increase the temperature of the fire and to reduce or minimize the resultant pollution.
   GARBAGE.  All kitchen and table food waste, animal or vegetative waste that is attendant with or results from the storage, packaging, preparation, cooking or handling of food materials.
   LAND CLEARING DEBRIS.  Uprooted or cleared vegetation resulting from a land clearing operation and does not include yard trash or construction materials or rubbish.
   LAND CLEARING OPERATION.  The uprooting or clearing of vegetation in connection with construction for buildings; rights-of-way; residential, commercial or industrial development; or the initial clearing of vegetation to enhance property value; but does not include the maintenance burning of yard trash resulting from fallen limbs, branches or leaves, or any other routine property clean-up activities.
   NATIONAL WEATHER SERVICE AIR STAGNATION ADVISORY.  An advisory issued by the National Weather Service to caution local and regional agencies of meteorological conditions which are conducive to poor dispersion and that are expected to persist for at least 36 hours.
   NONRURAL LAND CLEARING.  Any land clearing operation that is conducted in urban or residential areas, incorporated or unincorporated cities or towns, or in any nonrural area as designated by the department and shall not include any land clearing operation that is associated with country, livestock or with agricultural activities.
   NUISANCE.  Any open burning activity which is potentially harmful or injurious to human health or property.
   OCCUPIED STRUCTURE.  Any structure not abandoned.
   OPEN BURNING.  The burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the outdoor atmosphere without passing through a stack or chimney.
   OPEN FIELD.  Any location in a well-ventilated, cleared area that is at least 200 feet in all directions from any wooded area or occupied building(s) and 100 feet from any public road.
   OUTDOOR HEATING DEVICE.  Any apparatus, machine, equipment or other contrivance in which is burned any type of fuel capable of producing air pollution, used outdoors for the purposes of giving protection from cold or frost.
   PESTICIDE.  Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insects, rodents, nematodes, fungi, weeds, or other forms of plant or animal life or viruses, except viruses or fungi on or in living man or other animals, which the Department of Agriculture and Consumer Services shall declare to be a pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.
   RESIDENTIAL LAND CLEARING.  A land clearing operation that is conducted by the homeowner or an individual constructed by the homeowner of an existing residential dwelling of not more than two family units for the purpose of initially clearing vegetation on the property.
   SUNSET.  Official sunset as set forth by the U.S. Naval Observatory for any given day.
   TRASH.  Construction or demolition debris, and other debris such as paper, cardBoard, cloth, glass, street sweepings, vehicle tires and other like matter.
   WASTE PESTICIDE CONTAINERS.  Any containers made of combustible materials, including, but not limited to, paper, plastic or burlap, which formerly contained pesticides and which the manufacturer or formulator provided as an end user conveyance for the specified product.
   YARD TRASH.  Vegetative matter resulting from landscaping and yard maintenance operations and includes materials such as tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps, and leaves.
('76 Code, § 11-16(b))  (Ord. 1542, passed 8-30-88) 
§ 6-1-57  PROHIBITIONS.
   (A)   Any open burning not specifically allowed by this section is prohibited. No person shall ignite, cause to be ignited, permit to be ignited, suffer, allow, burn, conduct or maintain any prohibited open burning. The Kissimmee Fire Department may extinguish or cause to be extinguished any fire that is unauthorized or does not comply with this rule. Any person responsible for unlawful open burning shall bear any applicable fines and/or costs involved in extinguishing the fire.
   (B)   The open burning of tires, rubber material, Bunker C residual oil, asphalt roofing material, tar, railroad cross ties, other creosote lumber, plastics, garbage or trash or other than yard trash and household paper products is prohibited. Open burning of waste pesticide containers is prohibited.
   (C)   Any open burning that is allowed by this subchapter is restricted to the site where the material was generated and may not be transported to another property to be burned openly, with the following exceptions: Land clearing debris that is generated by the commercial land clearing activities of a person may be transported to an off-site location outside the city limits of Kissimmee to be burned according to the rules, codes and laws of the area transported to. Land clearing debris shall not be transported to an off-site location inside the city limits other than that from which it was generated for burning.
   (D)   Open burning within 1,000 feet of any active runway of a Department of Transportation-approved public airport is prohibited. The Kissimmee Fire Department may extinguish or cause to be extinguished any open burning that is within 1,000 feet of an active airport runway that reduces or potentially reduces visibility at the airport.
   (E)   Open burning in particulate and ozone nonattainment areas or in the area of influence as defined in the Florida Administrative Code Rule 17-2 may be temporarily suspended when the department determines that ambient air concentrations of total suspended particulate or ozone may near or exceed the primary or secondary standards for these pollutants.
   (F)   No open burning may be conducted during a National Weather Service Air Stagnation Advisory, a Department Air Stagnation Advisory, and air pollution episode, or if the Department of Forestry or authority having jurisdiction determines that weather conditions are unfavorable for safe burning.
   (G)   Open burning which reduces visibility on public roadways to less than 1,000 feet is prohibited.
   (H)   All open burning of yard trash where biweekly trash pickup service is provided is prohibited.
   (I)   Nothing in this subchapter may be construed to allow open burning which violates other laws, rules, regulations or ordinances.
('76 Code, § 11-16(c))  (Ord. 1542, passed 8-30-88)  Penalty, see § 6-1-99
§ 6-1-58  OPEN BURNING ALLOWED.
   (A)   Open burning of wooden material or vegetation generated by a land clearing operation (except for agricultural, silvicultural, forestry or rural operations) or the demolition of a structure is allowed, provided that all of the following conditions are met:
      (1)   The open burning meets one of the following setback requirements:
         (a)   Three hundred feet or more away from any occupied building and 100 feet or more away from any other structure not occupied, if an air curtain incinerator is used; or
         (b)   One thousand feet or more away from any occupied building and 300 feet or more away from any other structure not occupied, if an air curtain incinerator is not used.
      (2)   The open burning is set back 100 feet or more away from a public highway or road and the prevailing winds direct the smoke away from the public highway or road.
      (3)   The open burning is clear at least 50 feet from any trees, woodlands, forest, brush or other combustible material.
      (4)   The  open  burning  is  ignited  after  9:00 a.m. and is extinguished one hour before sunset.
      (5)   The open burning is attended at all times.
      (6)   An appropriate equipment for extinguishment is at hand at all times for the open burning operation itself as well as for any extension of the fire to any adjacent areas.
      (7)   The open burning has been authorized and permitted by the Kissimmee Fire Department and complies with all applicable requirements including F.S. Chapter 590.
      (8)   The piles of materials to be burned shall be of such size that the burning will be completed within the designated time given in subsection (4) of this section. Restrictions of the size and number of piles may be imposed by the Kissimmee Fire Department.
      (9)   The moisture content and composition of the material to be burned shall be favorable to good burning which will minimize air pollution. Wet or green vegetative materials (as determined by the authority having jurisdiction) shall not be burned.
      (10)   The starter fuel and materials to be ignited shall not emit excessive visible emissions when burned. Tires or other prohibited materials listed in § 6-1-57(B) shall not be used as starter fuels.
      (11)   The amount of dirt in a land clearing open burning operation shall be minimized to enhance combustion and reduce emissions.
      (12)   Prior to open burning for the demolition of a structure, all insulation, electrical wiring, linoleum, carpeting, roofing material such as tar paper asphalt shingles, or other excessive smoke producing or potentially air toxic material shall be removed.
   (B)   The use of air curtain incinerators is allowed for the combustion of land clearing debris. Prior authorization to use a portable air curtain incinerator must be obtained from the Kissimmee Fire Department. Air curtain incinerators may operate as portable units, provided that the following conditions are met:
      (1)   Pit width, length and side walls shall be properly maintained so that the combustion of the waste within the pit will be maintained at an adequate temperature and with sufficient air recirculation to provide enough residence time and mixing for complete combustion and control of emissions. Pit width shall not exceed 12 feet and vertical side wall shall be maintained.
      (2)   No waste may be positioned to be burned above the level of the air curtain in the pit.
      (3)   The types of materials to be burned are restricted to land clearing debris. The Kissimmee Fire Department may approve requests for the burning of other similar types of wastes such as clean dry wood on a case-by-case basis.
      (4)   Excessive visible emissions are not allowed except for a period of up to 30 minutes during startups, shutdowns, and temporary malfunctions, as those terms are defined in Chapter 17-2 FAC.
   (C)   If the open burning resulting from a land clearing operation is creating a nuisance, or if changing weather or atmospheric conditions create a real or potential fire safety or air pollution problem, the Kissimmee Fire Department may suspend or defer open burning until conditions change.
   (D)   Exceptions to the setback requirements may be granted by the Kissimmee Fire Department if the applicant obtains a signed affidavit from any affected resident within the setback area that waives his objections to the open burning associated with the land clearing operation and if the authority having jurisdiction, after review of the circumstances, finds the exceptions to the setback requests safe and justifiable. Affidavits must be received by the Kissimmee Fire Department no later than one week in advance of the burning.
('76 Code, § 11-16(d))  (Ord. 1542, passed 8-30-88) 
§ 6-1-59  OTHER TYPES OF OPEN BURNING ALLOWED.
   (A)   A camp fire, bonfire or other fire will be allowed that is used solely for recreational purposes, for ceremonial occasions, for outdoor noncommercial preparation of food, or on cold days for warming of outdoor workers, provided all the following conditions are met:
      (1)   The location is not less than 50 feet from any structure and adequate provisions are made to prevent fire from spreading to within 50 feet of any structure.
      (2)   The open burning does not produce smoke, soot, odors, visible emissions, heat, flame, radiation or other conditions to such a degree as to create a nuisance.
      (3)   The open burning is attended and adequate fire extinguishing equipment is readily available at all times.
      (4)   The moisture content and composition of material to be burned shall be favorable to good burning which will minimize air pollution. Green or wet materials may not be burned.
      (5)   The open burning is enclosed in a noncombustible container or ground excavation covered by a metal mesh or grill.
      (6)   The open burning is set back a minimum of 25 feet from any trees, woodland, forests, brush or other combustible materials.
      (7)   Prior authorization for the open burning must be obtained from the Kissimmee Fire Department except for cooking fires.
   (B)   Open burning for the flaring of waste gases is allowed for reasons of safety, as long as excessive visible emissions are not emitted.
   (C)   Open burning is allowed for the instruction and training of organized firefighters or industrial employees under the supervision of the Kissimmee Fire Department provided that:
      (1)   The burning activities are for the sole purpose of fire suppression training for nonhazardous liquid fires. All materials that are determined to be potentially toxic by the Kissimmee Fire Department shall be removed from a structure prior to burning.
      (2)   The Kissimmee Fire Department has authorized the burning in advance.
   (D)   Any other open burning not outlined herein shall be dealt with on a singular basis for applicability of the intent of this subchapter.
('76 Code, § 11-16(e))  (Ord. 1542, passed 8-30-88) 
§ 6-1-60  PERMITTING.
   Permitting for all open burning shall be done as follows:
   (A)   The applicant shall receive from the Kissimmee Fire Department a self-check sheet and an application for permit form for the particular type of open burning desired.  A permit fee of $100 shall be collected at the time the permit is applied for.  If the permit is not granted, said fee shall be refunded.
   (B)   The application is to be completed in full and returned to the Kissimmee Fire Department Administration Office Fire Loss Management Division for review and acceptance or refusal and payment of any applicable fees at least five working days prior to the expected open burning.
   (C)   A copy of the permit shall be available on the site of the open burning.
('76 Code, § 11-16(f))  (Ord. 1542, passed 8-30-88; Am. Ord. 1847, passed 8-25-92) 
HAZARDOUS SUBSTANCES
§ 6-1-70  PURPOSE.
   This subchapter establishes rules, regulations, cost recovery procedures, and fines for spills, discharges and releases of hazardous materials, substances and waste, whether intentional or accidental inside the city limits.
('76 Code, § 11-17(a))  (Ord. 1732, passed 10-30-90) 
§ 6-1-71  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.  In those cases wherein a word or words are not defined, its definition shall be as found in Black's Law Dictionary, latest edition, or in American Heritage College Dictionary, third edition.
   HAZARDOUS SUBSTANCES.  Any material, substance or waste which is identified as hazardous or toxic by the manufacturer or user, is listed by any local, state or federal agency as hazardous or toxic, unidentified as to hazard or toxicity, or is harmful to humans, animals, plants or the environment.
   PRIMARY CONTAINER.  The first level of containment, which is generally the inside portion of that container which comes into immediate contact on its inner surface with the material being contained.
   QUALIFYING AMOUNTS.  Any amount required by federal, state or local agencies to be reported.
   UNAUTHORIZED DISCHARGE.  Any release, spill or discharge of a hazardous substance not provided for in this section.
('76 Code, § 11-17(b))  (Ord. 1732, passed 10-30-90) 
§ 6-1-72  LABELING AND USE.
   (A)   Hazardous substances shall be labeled with visible identification signs on the container. Each sign shall include the chemical name, common name, type of hazard, warnings and recommended emergency action.
   (B)   Identification signs shall be conspicuously placed at all entrances to locations where hazardous substances are stored, dispensed, used or handled in qualifying amounts.
   (C)   Each business with hazardous substances in qualifying amounts shall notify the Fire Department of the name of the substance(s), type, location and quantity.
   (D)   Handling of hazardous and potentially hazardous substances shall be done only by persons trained in the proper use of the substance, its dangers, and emergency procedures.
('76 Code, § 11-17(c))  (Ord. 1732, passed 10-30-90)  Penalty, see § 6-1-99
§ 6-1-73  RELEASES.
   Hazardous substances shall not be released, discharged or spilled into a sewer, ditch, storm drain, drainage canal, creek, stream, river, lake, pond, pit or tidal waterway, or upon the ground, sidewalk, street, highway, or any driveway, parking area, a structure, or into the atmosphere.
('76 Code, § 11-17(d))  (Ord. 1732, passed 10-30-90)  Penalty, see § 6-1-99
§ 6-1-74  EXCEPTIONS.
   (A)   Exceptions to these provisions shall be:
      (1)   Material used for weed abatement, erosion control, soil amendment or similar application when applied in accordance with the manufacturer's specifications.
      (2)   Materials released in accordance with federal, state and/or local governmental regulations.
   (B)   The Fire Official shall be immediately notified when an unauthorized discharge occurs which becomes reportable under state, federal or local regulations, or if people, animals, plants or environment are in danger or threatened to be in danger.
   (C)   Provisions shall be made by the person, firm or corporation responsible for the unauthorized discharge to conduct control, mitigation, cleanup, disposal and restoration procedures.
   (D)   Whenever any unauthorized discharge due to primary container failure is discovered, the involved primary container shall be repaired or removed from service.
   (E)   Any person, firm or corporation responsible for any unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, intentional or accidental, at no cost to the city. When deemed necessary by the Fire Official, cleanups may be initiated by the Fire Department or by an authorized individual or firm. All costs associated with the response and damage shall be borne by the owner, operator or other person responsible for the unauthorized discharge.
('76 Code, § 11-17(e))  (Ord. 1732, passed 10-30-90) 
§ 6-1-75  COST RECOVERY; INVESTIGATION OF HAZARDOUS SUBSTANCE INCIDENT.
   (A)   Each city department involved in a hazardous substance incident (as a responder) shall submit to the fire official a statement of all costs to that department. This statement is to include personnel wages, equipment use, material used, damages to equipment, injury to personnel, outside costs, a 15% administration cost, and the like.  The fire official shall forward the accumulated statements to the personnel department for billing to the responsible entity.
   (B)   Any hazardous substance incident which is a result of a criminal activity, a deliberate intent, negligence, carelessness, lack of maintenance or care, or by untrained personnel being used for handling, or in violation of any local, state or federal laws concerning the substance or incident shall be assessed a fine by the city, in addition to any other fees, fines, charges and costs of recovery. The fine may be a flat rate, a graded rate or a percentage rate as determined by the City Manager and the city attorney, and shall be assessed against the owner, operator and/or other person responsible for the unauthorized discharge.
   (C)   Incidents will be investigated by the Fire and/or Police department(s) and reports sent to the state attorney's office for review and possible prosecution. Incidents not addressed herein shall be handled in accordance with applicable state and federal law and all efforts related thereto shall be directed and overseen by the Fire Chief or his designee. 
('76 Code, § 11-17(f))  (Ord. 1732, passed 10-30-90)  Penalty, see § 6-1-99
ADMINISTRATION AND ENFORCEMENT
§ 6-1-85  APPEALS.
   Whenever the Chief of the Bureau of Fire Prevention shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Bureau of Fire Prevention to the city within 30 days from the date of the decision appealed. 
('76 Code, § 11-12) 
§ 6-1-86  ENFORCEMENT.
   Any Fire Inspector is authorized to issue a citation or notification in accordance with F.S. Ch. 162, as amended.
(Ord. 2316, passed 1-11-00)
§ 6-1-87  NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS.
   The City Manager and the Chief of the Fire Department shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in said code. The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. 
('76 Code, § 11-13) 
§ 6-1-99  PENALTY.
   (A)   Any person who shall violate any of the provisions of the codes hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the municipal court or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not less than $50 nor more than $500 or by imprisonment for not less than one day nor more than 60 days or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.
   (B)   The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
('76 Code, § 11-14)