The following code is hereby adopted by reference as though it was copied fully herein: The Florida Fire Prevention Code as adopted and amended by Florida Statutes.

(Ord. No. 05-06-30, § 88)

Within such aforementioned codes, when reference is made to the duties of certain officials named therein, designated officials of the BCC of Highlands County, who have duties corresponding to those of the named officials in such code, shall be deemed to be responsible officials insofar as enforcing the provisions of such codes are concerned.

(Ord. No. 05-06-30, § 88)

The provisions of this article shall constitute and be known and cited, as "The Fire Code for Highlands County, Florida", hereinafter, known and referred to as the "Fire Code".

A.

Purpose. The purpose of this fire code is to provide for the administration and enforcement of the applicable codes, standards and rules as adopted by reference and listed in section 12.17.100 of this fire code.

B.

Remedial intent. This fire code is hereby declared to be remedial, and shall be construed to secure the beneficial interests and purposes thereof; which are public safety, health, and general welfare; through structural strength, stability, sanitation, adequate light and preventing hazards attributed to the built environment including alteration, repair, removal, demolition, use and occupancy of building, structures, or premises and by regulating the installation and maintenance of all electrical, gas, mechanical or suppression systems, which may be referred to as service systems.

C.

Quality control. Quality control of materials and workmanship is not within the purview of this fire code except as it relates to the purposes stated herein.

D.

Permitting and inspection. The inspection or permitting of any building, system or plan by any jurisdiction, under the requirements of this fire code, shall not be construed in any court as a warranty of the physical condition of such building, system or plan or the adequacy of them. No jurisdiction nor any employee thereof shall be liable in tort for damages for any defect or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting.

E.

Applicability of fire codes.

1.

Building. The provisions of this fire code shall apply to the construction, alteration, repair, equipment, use and occupancy, location, maintenance, removal and demolition, of every building or structure or any appurtenances connected or attached to such buildings or structures.

2.

Federal and state authority. The provisions of this fire code shall not be held to deprive any federal or state agency, or any applicable governing authority having jurisdiction, of any power to which it had on the effective date of the adoption of this fire code or of any remedy then existing for the enforcement of its orders, nor shall it deprive any individual or corporation of its legal rights as provided by law.

3.

Maintenance. All building, structures, electrical, gas, mechanical and suppression systems, both existing and new, and all parts thereof, shall be maintained in a safe, sanitary and code compliant condition. All devices or safeguards which are required by the fire code when constructed, altered, or repaired shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of building, structures, electrical, gas, mechanical, and suppression systems.

(Ord. No. 05-06-30, § 88)

There is hereby established a bureau of the division of fire services to be called the "fire prevention bureau" and the person in charge shall be known as the "fire marshal."

A.

Restrictions on employees. An officer or employee connected with the fire prevention bureau, except one whose only connection is a member of the fire safety board of appeals by this fire code, shall not be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building, structure, service, system, or in the making of plans or of specifications thereof, unless he is the owner of such. This officer or employee shall not engage in any other work which is inconsistent with his duties or in conflict with interests of the fire prevention bureau.

B.

Records. The fire marshal shall keep, or cause to be kept, a record of the business of the fire prevention bureau. The records of the fire prevention bureau shall be open to public inspection, on an appointment basis.

C.

Liability. Any officer or employee, or member of the fire safety board of appeals charged with the enforcement of this fire code, acting for the applicable governing authority in the discharge of his duties, shall not thereby render himself personally liable, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee or member because of such act performed by him in the enforcement of any provision of this fire code shall be defended by the county until the final termination of the proceedings.

D.

Reports. The fire marshal shall submit annually a report covering the work of the fire prevention bureau during the preceding year. He may incorporate in said report a summary of the decisions of the fire safety board of appeals during said year.

(Ord. No. 05-06-30, § 88)

A.

Existing buildings. Alterations, repairs or rehabilitation work may be made to any existing structure, building, electric, gas, mechanical or suppression systems without requiring the building, structure, suppression, mechanical, electric or gas systems to comply with all the requirements of this fire code provided that the alteration, repair or rehabilitation work conforms to the requirements of this fire code for new construction. The fire marshal shall determine the extent to which the existing system shall be made to conform to the requirements of this fire code as for new construction.

B.

Change of occupancy. If the occupancy classification of any existing building or structure is changed, the building, electric, gas, mechanical and suppression systems shall be made to conform to the intent of this fire code as required by the fire marshal.

(Ord. No. 05-06-30, § 88)

The fire marshal is hereby authorized and directed to enforce the provisions of this fire code. The fire marshal is further authorized to render interpretations of these codes, which are consistent with their spirit and purpose.

A.

Right of entry.

1.

Whenever necessary to make an inspection to enforce any of the provisions of this fire code, or whenever the fire marshal may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the fire marshal by this fire code, provided that if such building or premises is occupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such an entry request. If entry is refused, the fire marshal shall have recourse to every remedy provided by law to secure entry.

2.

When the fire marshal shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the fire marshal for the purpose of inspection and examination pursuant to the code.

B.

Stop work orders. Upon notice from the fire marshal, work on any building, structure, electrical, gas, mechanical or suppression system that is being done contrary to the provisions of this fire code or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, the fire marshal shall not be required to give written notice prior to stopping the work.

(Ord. No. 05-06-30, § 88)

A person, firm or corporation shall not erect, construct, enlarge, install, alter, repair, move, improve, remove, convert or demolish any building, structure, electrical, gas, mechanical or suppression systems in the applicable jurisdiction, or cause the same to be done, without first obtaining a permit for such from the building official and approval by the fire marshal.

A.

Work authorized. A building, electrical, gas, mechanical, or suppression permit shall carry with it the right to construct or install the work, provided the same are shown on the drawings and set forth in the specifications filed with the application of the permit. Where these are not shown on the drawings and covered by the specifications submitted with the application, separate permits shall be required.

B.

Minor repairs. Ordinary minor repairs may be made with the approval of the fire marshal without a permit, provided that such repairs shall not violate any of the provisions of this fire code

(Ord. No. 05-06-30, § 88)

When required by the fire marshal, three copies of specifications, and of drawings drawn to scale with sufficient clarity and detail to indicate the nature and character of the work, shall be received at the Fire Prevention Bureau for review, distribution and retention. Such drawings and specifications shall contain information, in the form of notes or otherwise, as to the quality of materials, where quality is essential to conformity with this fire code. Such information shall be specific, and this fire code shall not be cited as a whole or in part, nor shall the term "legal", or its equivalent be used as a substitute for specific information. All information, drawings, specifications and accompanying data shall bear the name and signature of the person responsible for the design.

(Ord. No. 05-06-30, § 88)

When the fire marshal approves for a permit, he shall endorse, in writing or by stamp, two sets of plans, "reviewed for code compliance." One set of the permitted drawings will be sent to archives and one set of the permitted drawings shall be kept at the site of work and shall be open to inspection by the fire marshal or his authorized representative.

(Ord. No. 05-06-30, § 88)

A permit shall not be issued until the fees prescribed in this section have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, suppression, mechanical or gas systems, has been paid.

A.

Work commencing before permit issuance. if any person commences any work on a building, structure, suppression, mechanical or gas systems before obtaining the necessary permit, he shall be subject to a penalty as described in the highlands county schedule of fees.

B.

Accounting. The building and engineering departments shall keep a permanent and accurate accounting of all permit fees and other monies collected, the names of all persons upon whose account the same was paid, along with the date and amount thereof.

C.

Schedule of permit fees. On all buildings, structures, suppression, mechanical and gas systems or alteration requiring a permit, a fee for each plan review and permit shall be paid as required at the time of filing application, in accordance with the schedule as established by the BCC.

(Ord. No. 05-06-30, § 88)

When requested by an applicant for an affordable housing project, as defined by F.S. Ch. 420, Pt. VI, and the application is determined to be complete the county shall grant first priority in review and processing to expedite the issuance of all preliminary and a final development orders and all other applicable fire clearances. To effect the successful issuance of a development order and/or permit, the county shall continually monitor the progress of the application. The project, however, shall comply with the requirements of these regulations not elsewhere exempted.

(Ord. No. 05-06-30, § 88)

A.

Existing building inspections. Before approving for a permit the fire marshal may inspect or cause to be inspected any building, electrical, gas, mechanical or suppression systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. He shall inspect all buildings, structures, electrical, gas, mechanical and suppression systems from time to time, during and upon completion of the work for which a permit was issued. He shall make a record of every such examination and inspection and of all violations of this fire code.

B.

Inspections prior to issuance of certificate of occupancy. The fire marshal shall inspect or cause to be inspected at various intervals all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas, mechanical or suppression system upon completion, prior to the issuance of the certificate of occupancy.

C.

Required inspections. The fire marshal, upon notification from the building official or his agent, shall make the following inspections and such other inspections as necessary and shall either release that portion of the construction or shall notify the building official or his agent of any violations which must be corrected in order to comply with this fire code.

1.

Building:Final inspection: To be made after the building is completed and ready for occupancy.

2.

Electrical:Final inspection: To be made after the building is completed, all required emergency lights, shut-down shunts and fire alarm systems are in place and properly connected or protected, and the structure is ready for occupancy.

3.

Suppression:

a.

Rough-in inspection: To be made after the framing, fire-blocking and bracing is in place and all vent piping is complete and prior to the installation of wall or ceiling membranes.

b.

Final inspection: To be made after the building is completed, all suppression fixtures are in place and properly connected, along with the required testing of system and the structure is ready for occupancy.

4.

Mechanical:

a.

Rough-in inspection: To be made after the framing, fire-blocking and bracing is in place and all vent piping is complete and prior to the installation of wall or ceiling membranes.

b.

Final inspection: To be made after the building is complete, such as smoke and fire dampers, hood systems and exhaust systems are in place and properly connected, and the structure is ready for occupancy.

5.

Gas:Final inspection: To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes, to insure compliance with all the requirements of this Code and to assure that the installation and construction of the gas system is in accordance with reviewed plans and required shut down devices are installed.

(Ord. No. 05-06-30, § 88)

A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the fire marshal has approved for a certificate of occupancy. said certificate shall not be issued until all required electric, gas, mechanical, suppression and fire protection systems have been inspected for compliance with this fire code and other applicable laws and ordinances and released by the fire marshal.

(Ord. No. 05-06-30, § 88)

A.

Connection of permanent service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system which is regulated by this fire code for which a permit is required, until released by the fire marshal and a certificate of occupancy is issued.

B.

Temporary connection. The building official may authorize the temporary connection of the building or system to the utility source of energy, fuel or power for the purpose of testing building service systems or for use under a temporary certificate of occupancy.

C.

Authority to disconnect service utilities. The fire marshal shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this fire code, in case of emergency where necessary to eliminate an immediate hazard to life or property.

(Ord. No. 05-06-30, § 88)

The fire marshal may require tests or test reports as proof of compliance. Required tests are to be made at the expense of the owner or his agent by an approved testing laboratory or other approved agency.

(Ord. No. 05-06-30, § 88)

Any person found guilty of violating any provisions of this article shall be punished by a fine not exceeding $500.00 or by imprisonment in the county jail for not more than 60 days, or by both such fine and imprisonment.

(Ord. No. 05-06-30, § 88)