The Florida Fire Prevention Code, edition as adopted by the State Fire Marshal’s Office, shall be the Fire Prevention Code of the city; subject to, and providing however, that additional, stricter standards of performance as follows shall control and govern actions and conduct within the city.
   (A)   Open Burning Regulations - Open burning is prohibited within the city limits, as permitted by NFPA 1, Florida Fire Prevention Code. Types of prohibited burning include land clearing for construction; open burning of household trash and rubbish, building materials, furniture, hazardous materials, on and off-site generated yard debris; and any other type of open burning not listed under Exempt Fires.
      (1)   Exempt Fires. The following types of fires are permitted:
         (a)   Patio heaters, pit burning (as defined herein), burning in commercially available outdoor devices such as chimneas or fire bowls not exceeding 8 feet in diameter, or in a commercially available cooking device with a grill or spit. This type of fire is only permitted for outdoor domestic/non- commercial cooking or for recreational purposes.
         (b)   Burning by the Fire Department or the Florida Forest Service.
      (2)   Requirements for exempt fires/burning:
         (a)   No person shall kindle or maintain any fire unless it is a type listed under § 95.01(A)(1).
         (b)   All permitted burning is limited to site-generated vegetative matter such as leaves, grass clippings, small tree limbs, and other material designed to be used in pits, outdoor fireplaces, grills, etc.
         (c)   Exempt Fires shall be located in a cleared area and at least 25 feet from brush or forest areas, structures of any kind, and vehicles.
         (d)   Burning to dispose of off-site generated material such as from a residential/commercial landscaping business is not permitted.
         (e)   All authorized fires shall be supervised by a responsible person at all times until such fire is completely extinguished. Such person shall have a garden hose connected to the water supply, or other fire extinguishing equipment readily available for use.
   Permitted/exempt fires shall not produce smoke in such quantities so that it is offensive or creates a nuisance for nearby residents. On the substantiated complaint of two or more persons, the fire shall be immediately extinguished. If the person(s) responsible refuses to immediately extinguish said fire, authorized representatives of the Fire Department in charge at the scene shall have the power and authority to direct such operation as may be necessary to extinguish or control any fire, or take any other action necessary in the reasonable performance of their duty, and said person(s) shall be subject to Chapter 37, Code Enforcement Citations.
   Authorized representatives in charge at the scene have the authority to determine if conditions of the permitted/exempt fire are being met or if conditions are creating a hazard to life or property. Any action necessary may be taken to correct any violation.
      (3)   The Fire Chief or his/her designee has the authority to issue a burn ban:
         (a)   For any type of outdoor fire when atmospheric conditions or local circumstances make such fires hazardous.
         (b)   For any person(s) who has been cited for violating the City of Lake Mary Fire Prevention Code.
   (B)   Note the following addition to Florida Fire Prevention Code, NFPA 1 - Access boxes (key or lock-boxes as they are commonly referred to) shall be installed on all new structures that are required by this or other code to be equipped with an automatic fire alarm and/or sprinkler system. The tamper switch located in the lock-box shall be connected to the fire alarm control panel for that building.
Exception (1): With a letter of understanding from the building owner, the lock box may be connected/tied into the building security system if the existing fire alarm panel does not have sufficient zone capacity. If at any time the security system is disconnected, the fire alarm panel will be required to be upgraded and the lock box connected to it.
Exception (2): The building owner may provide a “Release of Liability” letter to the Fire Department if the existing fire alarm panel does not have sufficient zone capacity and/or the structure is not equipped with a security system. The letter shall state that the Fire Department will not be held liable in any way if the lock box is tampered with, broken into or illegal entry is made into structure by use of the keys in the lock box.
This amendment applies to all commercial occupancies. Failure to comply will result in the penalty as set forth in § 95.99 of the City of Lake Mary Code of Ordinances.
   (C)   For clarification purposes in dealing with the renovation of or additions to existing buildings, when the renovated or added area(s) involves or is equal to 50% or more of the appraised value of the structure, all features of the existing construction shall be required to comply with the most recently adopted editions of the fire and building codes for the entire building.
   (D)   A permit from the Fire Department shall be required for the sale of sparklers. Only those sparklers legal for use within the State of Florida as defined by the State Fire Marshal’s Office, shall be permitted. Permits may be revoked if weather conditions or local circumstances prohibit the use of such sparklers by the public. Such permit may also be revoked for failure to comply with the following requirements as set forth by the Fire Department and F.S. § 791:
      (1)   Any one person, firm, partnership or corporation engaging in the retail sale of sparklers must provide a copy of the State Fire Marshal’s approved list of sparklers for retail sale. Items on the list that will be displayed for sale shall be highlighted and the list shall be available for review by the Fire Department at any time. All items that are on display for sale shall be on the State Fire Marshal’s approved list of sparklers and shall match by name, brand and exact description as required by F.S. § 791. Only items that are on the State Fire Marshal’s most recent, approved list of sparklers will be permitted to be sold.
      (2)   Except as provided in F.S. §§ 791.02, 791.04, or 791.07, it shall be unlawful for any person, firm, partnership, or corporation to offer for sale, expose for sale or sell at retail any fireworks within the city.
      (3)   The law enforcement agency having jurisdiction has the authority to close immediately any business that is selling fireworks or sparklers without the appropriate state and local permits or any business in violation of any portion of this ordinance.
   (E)   Fireworks displays may be permitted on a limited basis under the following conditions.
      (1)   A permit must be obtained from the Fire Department.
      (2)   Fireworks displays shall be in accordance with the provisions of NFPA 1123 “Code for Fireworks Display.”
      (3)   All conditions of the permit must be satisfied, prior to the permit application being submitted.
      (4)   Permit applications must be submitted a minimum of 45 calendar days prior to the event.
      (5)   The permit fee shall be nonrefundable and nontransferable.
      (6)   No fireworks displays shall be permitted on private residential property.
      (7)   Fireworks displays shall not create a noise problem associated with surrounding activities and/or the time of the display.
      (8)   Approval or denial of said event and/or display shall be at the sole discretion of the City.
   (F)   Special Details, including fire watch, standby fire protection and rescue services, whether required or requested shall follow the Lake Mary Fire Department Special Detail/Fire Watch General Order. No outside agency may be used for such services unless city fire services are unavailable, and then such use must be approved by the Fire Chief.
   (G)   Residential/commercial security/entry gates.
      (1)   Gates installed at the entrances to any residential subdivision/complex or commercial occupancy in the city shall comply with the following requirements for emergency vehicle access:
         (a)   Access code programmed into system as determined by the Fire Chief.
         (b)   Equipped with the Siren Operated System.
         (c)   Access Box approved for use by the Fire Chief or Fire Marshal.
      (2)   A permit is required for all new gate installations and for any alterations that affect the access operation of an existing gate. All gates shall be tested by a Fire Department representative prior to placing in service.
(Ord. 193, passed 6-21-84; Am. Ord. 681, passed 1-20-94; Am. Ord. 757, passed 7-20-95; Am. Ord. 918, passed 3-18-99; Am. Ord. 962, passed 1-6-00; Am. Ord. 1050, passed 3-21-02; Am. Ord. 1067, passed 6-20-02; Am. Ord. 1085, passed 3-6-03; Am. Ord. 1605, passed 1-17-19)