Ordinance 2006-274 - Laserfiche WebLink

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or other such disaster occurs and presents an immediate danger to life, or property, the Authority Having Jurisdiction shall immediately post a Cease and Desist Order or a Stop Work Order on the premises, and shall suspend any and/or use of the building, marine vessel, structure, or premises until such time that the danger to life or property has been removed or correction of the violation(s) has/have been made. B. If it is determined by the Authority Having Jurisdiction that a violation specified in this subsection exists, the Authority Having Jurisdiction or their designee, may issue and deliver to the person committing the violation, an order to cease and desist from such violation, to correct any hazardous condition, to preclude occupancy of the affected building or structure, or to vacate the premises of the affected building or structure. Such violations are: (1) except as set forth in paragraph (2) below, a violation of any provision of this section, of any rule adopted pursuant thereto, of any applicable uniform fire safety standard adopted pursuant to ~633.022, Florida Statutes, which is not adequately addressed by an alternative requirement adopted on a local level. (2) A substantial violation of an applicable minimum fire safety standard adopted pursuant to ~633.022, Florida Statutes, which is not reasonably addressed by any alternative requirement imposed at the local level, or an unreasonable interpretation of an applicable minimum fire safety standard, and which violation or interpretation clearly constitutes a danger to life safety. (3) A building or structure which is in a dilapidated condition and, as a result thereof, creates a danger to life, safety, or property. (4) A building or structure, which contains explosive matter or flammable liquids or gases, constituting a danger to life, safety, or property. C. If, while conducting a fire safety inspection authorized by ~633.022, Florida Statutes, and ~633.085, Florida Statutes, it is determined that a violation described in this section exists which posses an immediate danger to the public health, safety, or welfare, the Authority Having Jurisdiction may issue and order to vacate the building in question, which order shall be immediately effective and shall be an immediate final order. With respect to a facility under the jurisdiction of a Department school board or community college board of trustees, the order to vacate shall be issued jointly by the Department superintendent or college president and the Authority Having Jurisdiction. Section 17. Criminal Penalty. If any person shall fail or refuse to obey or comply with, or violates any of the provisions of this Code or a more stringent fire safety standard or any lawful order from the authority having jurisdiction, such person, upon conviction of such offense, shall be punished by a fine not to exceed one thousand dollars per day ($1000.00), or by imprisonment not to exceed sixty (60) days in jail, or both in discretion of the court. Each day of each continued violation shall be considered as a separate offense. The imposition of a penalty for any violation shall not excuse the violation, nor shall the violation be permitted to continue. All 6 U:\LEGISTLATION\Draft Ordinances\2006\Fire Prevention Regulations.doc