ORDINANCE AMENDING CHAPTER 14

Board of County Commissioners · 2026-07-21 · ordinance

[case 261040] This is a legislative item for an ordinance amending Chapter 14 of the Code of Miami-Dade County, Florida, relating to fire prevention. The ordinance updates definitions, changes requirements for owner's statements on fire investigations, amends appeals procedures for fire code violations, updates operating permit requirements, provides for recording of consent agreements and notices of violation, requires building owners and occupants to notify the Chief Fire Official upon correction of certain violations, authorizes the Chief Fire Official to order disconnection of utilities in buildings with pending fire code violations under specific circumstances, makes technical amendments to the Florida Fire Prevention Code, updates the false fire alarm ordinance, provides for the sale of exempt fireworks in accordance with Section 791.04, Florida Statutes, provides for designation and posting to identify structures sharing a street address, updates requirements for submittal and review of emergency action plans, provides for testing and maintenance of exit and emergency lighting equipment, provides for reporting of required maintenance activities for fire protection systems, provides for protection and installation of emergency power systems and for installation and maintenance of water supplies for firefighting outside the Urban Development Boundary, makes technical and conforming changes, amends Section 8CC-10 of the Code, imposes and modifies civil penalties, and provides severability, inclusion in the Code, and an effective date. The item was introduced on 6/2/2026, deferred at the 7/21/2026 Board meeting to 9/1/2026, and forwarded to the Board with a favorable recommendation from the Safety and Health Committee on 6/8/2026 following a public hearing. The sponsor is Roberto J. Gonzalez. The requester is the Miami-Dade Fire and Rescue Department. The file number is 261040, and it is a substitute to file number 260390. The document does not state a specific address, parcel, acreage, or project size. The document does not state a specific zoning or use change for a particular property. The document does not state a specific applicant or developer for a construction project. The document does not state a final decision on the ordinance; it was deferred to 9/1/2026. Public comment included Mr. Ron Book, 4000 Hollywood Boulevard, Hollywood, Florida, appearing on behalf of Neptune Fireworks, American Promotional, and TNT Fireworks, expressing support for the proposed legislation, highlighting the fire department's efforts to keep the community safe during holidays when fireworks are used, raising concerns about the illegal practice of 'packing the cakes,' stating the local ordinance was necessary to close gaps within Florida Statute 791, and emphasizing the importance of complying with both state law and local regulations. Commissioner Bastien asked about increased fines and penalties for repeat non-compliance violators, technical support for residents, and the proposal granting the Fire Chief authority to disconnect utilities, recommending the committee clearly define 'imminent danger,' require written documentation of any disconnect determination, and establish an emergency appeal process. Commissioner Hardemon expressed concerns about the sale and use of illegal fireworks in residential neighborhoods, describing issues with fireworks that sounded like bombs, causing fires, frightening children and pets, setting off car alarms, and leaving debris. Chairman Gonzalez directed the administration to develop a formal definition or sufficient clarification of 'imminent danger' related to the utility disconnect authority. Mr. Cominsky explained that the local ordinance was intended to reinforce and clarify gaps within Florida Statute 791.04, that inspections of all facilities were conducted annually with 30 to 45 days given to correct a Notice of Violation before citations were issued, that education was a core part of the inspection process, that the disconnect power was a last resort reserved for egregious, uncorrected violations that posed life-safety threats, and that the current process involved a formal five-day disconnect notification. Mr. Palmer indicated the department was willing to collaborate to develop a definition of 'imminent danger' but expressed concern about liability risks in specifying it too narrowly. Mr. Cominsky stated that the State Fire Marshal, not the county, held primary authority over fireworks statewide, that only sparklers could legally be sold within Miami-Dade County, and that pop-up tent operators were required to obtain short-term event permits. Mr. Book offered a practical way to distinguish between fireworks and sparklers, explaining that sparklers were ground-based products that produced a fountain effect, while fireworks were products launched into the air, and confirmed that a significant number of illegal fireworks were being sold in pop-up tents and fixed locations with no legal authority under Florida Statute 791.