Safety and Health Committee - Regular Meeting

Do your will here today and that you would guide all of our decisions for what is the best of your people. We ask this in your name. Amen.

Pledge allegiance to the flag and States of America and to the Republic for which it stands one nation under God, indivisible with Liberty and justice for all.

Okay. So we do have some public hearing items to the county attorney's office. Would it be proper to open up a reasonable opportunity to be heard?

Yes, Mr. Chair.

So reasonable opportunity to be heard is now open. I don't have any cards. Do we have any cards going once? Would anybody like to be heard going twice, three times to the county attorney's office? Can we close a reasonable opportunity to be heard? And can I get a motion to set the agenda? It's been moved, it's been seconded. All in favor signify by saying aye. Aye. And to my colleagues, would anybody like to bifurcate any items? No? No bifurcations? Okay. Okay, so can I get a motion to move the entire agenda? Mr. Chair. Except for the public hearing item? So moved by Commissioner Lopez, seconded by Commissioner Bastian. All in favor signify by saying aye. Aye. And to the County Attorney's Office, would it be proper to take up the public hearing item?

Yes, Mr. Chair, that's item 1G1 and item 1G1 substitute. An ordinance relating to fire prevention, amending chapter 14 of the Code of Miami-Dade County, Florida, updating title, many definitions. Changing requirements for an owner's statement on fire investigations, amending procedures for appeals of fire code violations. Updating requirements for operating permits, providing for the recording of consent agreements and notices of violation. Requiring building owners and occupants to notify the chief fire official upon correction of certain violations. Authorizing the chief fire official to order the disconnection of utilities and buildings and structures with pending fire code violations under specific circumstances. Making technical amendments to the Florida Fire Prevention Code, updating the false fire alarm ordinance. Providing for the sale of exempt fireworks in accordance with section 791.04 Florida statutes. Providing for the designation and posting to identify structures sharing a street address. updating requirements for submittal and review of emergency action plans, providing for the testing and maintenance of exit emergency lighting equipment, providing for the reporting of required maintenance activities for fire protection systems, providing for the protection and installation of emergency power systems, and for the installation and maintenance of water supplies for firefighting outside the urban development boundary, making technical and conforming changes, amending section 8CC-10 of the code, imposing and modifying civil penalties, and providing severability, inclusion in the code, and effective date. Item 1G1, substitute.

That was very fast. Great job. So this is a public hearing item. Would anybody like to be recognized on this public hearing item? Is anybody from the public present to speak? Mr. Book, I see you approaching.

Chairman, members of the committee, for the record, Ron Book, 4000 Hollywood Boulevard, Suite 677 South, Hollywood, Florida 33021. Ms. Chairman, members of the committee, I simply wanted to be heard on behalf of my clients, Neptune Fireworks, American Promotional, and TNT Fireworks, the largest provider of consumer sparkler items and fireworks in the country. simply to say we strongly support the ordinance as provided. We support what the fire department is trying to do to make certain that our community stays safe on those holidays where fireworks and sparkler products are allowed to be utilized. We have concerns about some things that are going on today with what we refer to as cakes, the large 500 gram aerials that are oftentimes sold specifically during the Fourth of July period and New Year's. Former Representative Lopez was present when the legislature passed the biggest change they passed a long time, although not a substantial rewrite, to make certain what you could do and what you couldn't do on the Fourth of July. And what we have found are people are doing what we call packing the cakes. And they're selling them as 500 grams. when we found that there are 3,400 grams, stuff that you don't shoot off at city, county, and other public displays of fireworks, and we have deep concerns about it. Our job is to sell product, but to sell product safely, smartly, and wisely, and within not only the code, but the statute that permits certain types of displays and certain purchases outside of, if you will, displays. They're used for wholesale, they're used for fish actuaries and bird sanctuaries, where you can and can't depending on what the statute says, which overrides in many instances what local ordinances do in an effort to provide that broader protection. I remind those that were around years ago, almost 20 years ago when the last major rewrite was done and a moratorium was put in place. We worked with city and county fire officials, the fire marshals, the fire chiefs, the League of Cities and the Florida Association of Counties to make the statute what it is today. What you're doing is layering in an additional layer of protection based on what you're allowed to do under the statute, but with your fire department driving that message of safety. So thank you for the opportunity, Mr. Chairman, members of the committee. We strongly support what you have in front of you.

Thank you, Mr. Book. And before I recognize my colleagues, so I can get the chief to come down and can you just give us an overview of what specifically some of these requirements are and why it's necessary?

Good afternoon, Alan Kaminsky, Chief Fire Marshal, Miami-Dade County. What I specifically for Chapter 14, is there anything specific you're looking for or just you want a basic overview of what it entails and why we're here?

The fire ordinance. So we have a state statute that are really already dictates what the requirements are specifically for record keeping. Why? Why would we need to put something like this forward if you can give us your expert opinion?

Yes, for 1467 and chapter 14, our local ordinance, we're just trying to highlight specifically what we're looking for. A statute 791 was rewritten like Mr book said back in 2008. We find there's a lot of holes, a lot of pockets. So here locally, we're trying to. reinforce items that's not clear. 79104, which is the exemption, is the only component that you're allowed to sell fireworks within Dade County. The majority is what we call sparklers based on the amount of compound in the product. So we were just trying to clean up the verbiage of the documents that we're requiring, which is highlighted in 79104. It's clear you can sell to the railroad industry. You need to have a permit from the BCC And so we're just clearly specifying what documentation or whichever as a regulatory agency here in Dade County to ensure they're complying with those aspects.

Thank you, Chief. And to my colleagues, does anybody have any questions? Commissioner Bastian, you're recognized.

um thank you mr chair um and then thank you for bringing uh this item mr chair um i'd like to start by thanking uh chief jadalla because um recently is he here oh hi chief and his team because recently i had a fire in a junkyard in my in my district and then i'm very uh thankful for the great support that chief jadalla and his team provided to my staff and also to all the residents in District 2. Thank you for your efforts and also specifically thank you to all the coordinated efforts to make sure that the residents were able to go back home promptly and in a very disciplined manner. So I really wanted to start by thanking you for that. I thank you again, Chair, for this item. I only have a few questions that I'd like staff to answer. The proposed change, the proposal suggests that increasing fines and penalty for violations to help prevent repeated noncompliance. We know what impact noncompliance can have, and I think it's important for us to be proactive instead of being reactive. My question is, I'd like staff to discuss the technical assistance and compliance support that you will provide for residents and small businesses that may not have the resources to understand or resolve the issues that are brought forth in the proposal.

Yeah, well, our inspection team, we go out, we inspect all facilities on an annual basis. So if we come across what we call a notice of violation, we write the notice of violation. We definitely educate. I mean, that's one of our main components. So when we're doing the inspection from a court enforcement aspect, if there is an issue, you know we address and we definitely educate we can't tell what to do because we don't design but we point them in the right direction to hire a professional design professional if it's needed you know a lot of times they're simple maintenance items whether it's just maintaining your fire alarm your sprinkler an exit sign so we let them know and you definitely have a window of compliance so for any maintenance item you have anywhere from thirty to forty five days to address that notice of violation uh if it hasn't been addressed in that time and we go out to re-inspect that's when you know the the citations would come into play and it's more as a punitive but we always work with everybody before we get there that's you know kind of the last resort we want to come across unfortunately we have to you know if we're not compliant with the code and these violations aren't addressed in that reasonable time frame so so you will be how will you be contacting them Well, first we have what we call life safety permits. So we do an annual inspection on an annual basis. So that's the first notification. So 30 days before, it's a 12-month life safety permit. So 30 days before that permit expires, we notify, we coordinate to go out. It's either by phone call, usually email, but we coordinate to schedule that site visit for that inspection. When we go out to do the inspection, it's... You know, it's a regular inspection. We enforce the Florida Fire Prevention Code. We're currently in the 8th edition, which is where Chapter 14 kind of goes to. So it addresses anything we have locally that's a little stricter or not addressed in the Florida Fire Prevention Code. So, you know, we address anything which is represented by NFPA, National Fire Protection Association. So 1 and 101 are the two main codes that we address. So we go out and then we're, again, inspecting depending on the type of occupancy, business and assembly, educational, whichever. we make sure they're compliant with the code. And as we do that walkthrough, it is an informative session. So if we're seeing anything, hey, this is out, this needs to be addressed, under the stairs you might have storage, which you shouldn't, you know, we address that immediately so they can correct it. So we let them know you can't have it, and if it's not done then, you know, by the time frame we go out within that 30 or 45 days, depending on the type of violation, we'd expect it to be corrected by them. Thank you.

It's good to hear that you will actually make home visits to make sure. Absolutely. Yeah, thank you so much. Next, I want to discuss the proposal to grant the fire chief authority to disconnect services to any building found in violation. While the proposal includes notice requirements, I'm concerned about how quickly these notices will be given, right? Because again, we want to be proactive. We really want people to have the information. We want them to do what they're supposed to do. So in this proposed change reflected in, is this proposed change reflected in the fire prevention code?

No, it's not. And basically all the building officials have that authority. Fire marshals do not. And so that's why we put it, the fire marshal title is through the fire chief and then it's designated through me. So that's why it's listed through the fire chief for designee. Again, that would be a last resort or immediate life-threatening situation where we'd have to disconnect. Normally what we do when we come across those, it's because of egregious violations that haven't been corrected, that there is a life safety issue, and we normally have to go through the building official who then coordinates through FPNL, and it's still a time frame. It doesn't happen immediately. It's usually a five-day disconnect. You get a notification. So anything along those lines, it would definitely be a... a time and process it wouldn't be overnight you know they'd be put on notice they're well aware of these violations usually well ahead of time um and then we're working with them to address it but unfortunately if we're not getting addressed it gives us that extra layer that extra authority if we need to to shut the business down besides being punitive from a citation or whichever we can actually disconnect the power to that facility so that's what we're looking for there thank you so much

And then can you give us a couple of examples of what would consider imminent danger that would require such action?

Well, anything overcrowding is usually imminent danger. So if we're at a facility, usually an assembly, a nightclub, or anything where there's overcrowding, We would have to vacate the premises immediately, so usually we'd have law enforcement or whichever, so that would be your first. Anything illegal construction, any component that they shouldn't be occupying, there's exposed wires, there's hazards to that structure itself, that would fall under that umbrella of imminent danger, per se.

What do you mean overcrowding? I mean, if there is an event, for example, and then you would be there, the space would exceed? The capacity, correct.

So every location has what we call an occupant load. So based off that load, that's what's allowed to occupy. Like here, we have it posted, the number of individuals that can be in this primary area. So if we come across that where that would be overcrowding, would be an issue, we'd have to vacate that premises immediately. or at least have everyone come out and recount so that we're within that occupant count per se that's allowed for that structure.

And then in terms of advance notice, how would you notify them? How would you communicate the need for that action?

Well, we'd be present. So either myself or staff would be present, meeting with the owner or meeting with the business manager who's ever occupying at that time, explain what the hazards are, what the life safety issues are, and then we would address it from there accordingly. The disconnect usually wouldn't happen in that scenario. Usually we would get compliance and be able to reoccupy with the correct occupant load, per se, number of people. But for whatever reason, if not, then that would prevent them from doing that again. by doing a disconnect and then making sure they address everything properly before we would re-energize the building.

Yeah, so with compliance issues, I understand that you will have a way to communicate and make sure you give them advance notice to correct it before.

Yes, normally if there's any type of violation, we would write what we call a notice of violation. So you would get issued that NOV. You have a certain time frame to address it. If not, you would have a citation. If it was something that was so egregious, so severe, we had to address immediately, you might get a citation right away. in that circumstance, and then expect for you to address and bring your structure back within the parameters compliance of the code. If you still weren't compliant and there were still issues, then we would send notification that we were going to disconnect the power. But again, that's a process. We'd have to go through FP&O. It's not something That would happen overnight, and normally we would follow the same way that the building officials do. So we normally send them a letter that we're proposing a five-day disconnect, which would occur within five days if you're not compliant with the code. If they still haven't addressed it or whichever, behind the scenes we would be, you know, working with FPNL, the local energy company, in regards to coordinating, and then they would come out to do the disconnect.

Yeah. So I recommend, like I do support the item, but I recommend that we set some parameters to businesses, right? So they clearly understand when disorder can be authorized and what they're supposed to do. And then they need to have a clear understanding of the consequences, right? And then we also need to ensure that, my recommendation is that we need to ensure that a condition poses an immediate threat to life or people's at the risk of serious bodily harm that is you if utilities can remain connected with a clear definition of imminent danger it has to be clearly clearly clearly stated so people understand what it is and that a written determination is documented right because we're talking about making decisions that will can have a serious impact on on on big businesses and small businesses as well, and that an emergency appeals pathway is available too because sometimes we hope in the best possible world that the information that we get is correct, but sometimes our evaluation may not be right. There are things that come into the decision-making process. that was not clear at that time. So an emergency appeals pathway could also be something to consider.

Yes, and in Chapter 14, we do have an appeals process. So through any notice of violation, there's a regular process to go through or a citation, and then we also have our appeals board, which the committee sponsors and appoints a member to that board, which they meet six times a year so they can address any of these issues. So this would be a last, last resort. I could tell you the several years that I've been involved in fire prevention, I've only encountered one that we needed going through the building department, and the building departments might do it here and there as well. But again, this is a long process. This is the last resort, and there definitely would be ample communication before we came to this. But this now just gives us another tool, if we need to, to get that structure and they're compliant. Instead of going through the official building departments, we as the fire department can do it as well. But I don't foresee it happening often. But again, it gives us that leverage.

It can happen.

But there definitely will be ample communication before something like that occurs.

I'd love to hear my colleagues on this recommendation to see what they think. Thank you so much.

Absolutely. Thank you, Commissioner Bastien. And would anybody else like to be recognized? Commissioner Hardiman, you're recognized.

Thank you. I just have a few questions regarding the fireworks section of this change. Currently. Who is actually regulating what fireworks are being sold in our communities that are what I would describe as illegal? They some some fireworks. I mean, obviously there's a definition you talk about sparklers. That's something that can be held in your hand. It's very small versus something that actually shoots into the sky makes loud bangs. We have some fireworks that go off. In our neighborhoods, I mean, I grew up hearing them all the time. And you inherently know that something is wrong about them because they sound like bombs. They literally sound like bombs. So whose responsibility is it to ensure, one, that they're not being sold in our neighborhoods? And many of these places in our neighborhoods, they are temporary fireworks tents that come about when they sell these things. And also that they're not being used within the neighborhood.

Well, the state fire marshal and the state is what regulates fireworks. So Florida Statute 791, which love to get updated someday and clarification on that. But that statute's what kind of drives what can be used, what's allowed, whichever, within all of the state of Florida. Fireworks are not legal to sell here in Dade County. We sell what we call sparklers. So sparklers is what you see on the tents like you just mentioned, you might see in different stores or whichever, and they're normally seasonal sales. I'm not aware of any, well, I guess we might not have one that sells sparklers year-round. Fireworks, the only way we're selling now is under statute 79104. 79104 has a few exceptions in there and that's kind of what we're clarifying here. The way I always looked at it was wholesale manufacturer and distributor were the three main components of 79104. However, there's other items listed in there that allows different avenues like I stated earlier. If I have, I work for the railroad industry and I show proof I can purchase these fireworks on the 79104. If a military service for an event, if I have a permit from the Board of County Commissioners, I can purchase those fireworks. So that's what can be sold here within Dade County, and now we're trying to clean up this language, this exception, and require proper documentation. So if Alan Kaminsky goes into a facility to purchase this, I need to show documentation of what exemption I fall under to be able to purchase that firework. Now, you can purchase fireworks in other areas throughout the state, and you're allowed to use them, which 791 was updated a couple years ago, which designates a few times, holidays, where you can use them, mainly 4th of July, a day before, and during the 4th of July in New Year's. So it's basically a four-day window that you're allowed to go ahead and utilize fireworks. So wherever you purchase them from here, not in Dade County, but in other areas, you know, other counties throughout the state, you're able then to go ahead and use those fireworks. Now, as being the regulatory agency here in Dade County, and you have five other fire marshals for the city and the city of Miami Beach and Coral Gables, we go out and do inspections. So we regulate what we can. We issue a permit for these seasonal sales. So the pop-up tents, like you mentioned, different main chain facilities might have sparklers for sale. So we'll go out to check to make sure they're compliant with the code and they're selling the proper products. The state fire marshal issues a list on an annual basis of what's approved sparkler products that could be sold within Dade County and within the state of Florida, I should say. And that's what we'll go ahead and check. So when we go out to check these facilities, we make sure they have proper distance, proper separation. They have the permit that's issued on an annual basis from the state fire marshal to sell sparklers. you know, out of retail component. And then, you know, like I said, extinguishers or whichever we'll make sure. So we're the regulatory as we go out and check those facilities to make sure they have it. And then obviously during peak, if we get any complaints or anything, we'll go out to do an inspection is there as well. If we come across any products that are not on that approved state list that we would say are illegal, sparklers which are probably because they're a firework component then we would notify the municipal police department or the sheriff's department to come out to confiscate those fireworks and that's what we list here as well so we can also issue a citation for selling a product that's illegal not approved per se to sell so

Do you ensure that, for instance, if there is a pop-up place that sells fireworks and other sparklers, do you proactively go to each of those places to ensure that they have the proper permits and they're selling the fact that they claim? Yes.

Any type of, I mean, as long as we're aware of it, any type of pop-up, you would require a short-term event permit. So we require them to pull a permit. With that permit, depending on the intended use, one, we inspect the tent because of the size. If it's greater than 900 square feet, we're going to look at that, and there are certain code parameters that have to comply with the tent. And then we also look at the products. So if they have the products there listed or they're keeping an iconics, we'll go out to make sure they have the proper licensing from the state of Florida to be able to sell those products, which, again, are sparklers. And then we go there and we inspect to make sure the products that they have is what's on the approved sales list this year by the state.

And so for residents who are living in neighborhoods where They hear fireworks that seem to be illegal or see people using them in their neighborhood because it's a multi-tiered sort of issue. The first is that you're obviously detonating certain things that are very loud. They set off car alarms. They scare pets. They scare children. Some of them shoot in different directions, which can cause fires because they're near adjacent homes or trees and things of that nature. And then also, most of them, people who choose to do that kind of thing, they leave the remnants of it in the public streets. And so you have a major cleanup problem in these areas. For instance, I mean, over the past, I don't know, 13 years or so, we've been sponsoring a Fourth of July event just so that people won't do that, right, with professional fireworks. $20,000 PROBABLY IN FIREWORKS BEING SPENT IN ORDER TO ENSURE THAT THE INNER CITY HAS A SPACE THEY CAN GO TO WHERE IT CAN BE SAFE AND NOT HANDLE THESE FIREWORKS AND AS YOU ALSO ARE AWARE MANY PEOPLE LOSE THEIR APPENTAGES BECAUSE OF THE USE OF FIREWORKS I MEAN YOU'VE HAD PROFESSIONAL ATHLETES LOSE THEIR HANDS SO THIS IS SOMETHING THAT WE SEE QUITE OFTEN WHEN WE USE WHEN WE SEE THESE THESE SORT OF FIREWORKS BEING USED SO MY QUESTION TO YOU IS What should residents do if they're witnessing the usage of illegal fireworks in their neighborhoods?

I'd definitely call law enforcement. Law enforcement is a regulatory agency in regards to illegal fireworks. So if they're being dispersed or whichever, you know, through 791, it gives a clear direction of who has that authority, and it would be the local police. of police to have that authority to enforce and regard. So I'd encourage, I mean, we definitely encourage not to utilize the fireworks to attend these shows. We normally have about 26 to 28 shoots. So one of them is probably yours that you sponsored throughout, you know, the 4th of July or New Year's or whichever. And we always encourage the public to go see those events. You know, obviously there are usually larger fireworks and a beautiful thing and it's a safe per se, instead of you utilizing the product yourself. But yes, if anything's being witnessed, then that would be the best route, I guess, going through 311 or whichever, and then notifying so the local police authority could go ahead and respond, and then they would address it accordingly.

Thank you, Commissioner Hardiman.

Chair, any chance I could supplement that answer from the Chief, briefly?

Do you need supplementation, Commissioner Hardiman?

If I could, Mr. Chair, through you to Commissioner Hardiman, I think the main way to distinguish what is or isn't a firework are sparkler products are the things you put on the ground and you get fountains. Fireworks, as defined by statute, are the things that go up in the air. And if you want to know if there's a ton of illegal fireworks being sold, there are. And the chief and his folks can only be as effective as people pick up the phone and report. But they're selling them out of the tents. There are a number of fixed... Operation spots that are violating either 791.04 or 07, they don't have the authority to do it. You heard me say originally, and you heard Chief say it for a second time. If you're a fish hatchery, you're a bird sanctuary, you're a railroad crossing, those are three exceptions that are there. And then you've got the exception of if you're in a fixed location, not a tent, you can sell wholesale. Wholesale is defined by Florida statutes, and no other exceptions are allowed, period, end of story. But we know what you're talking about, and that's part of why we're in support of the ordinance, is to make sure that they have the ammunition they need. to stop what's going on out there that are dangerous. And I repeat, those packed cakes that are being labeled as 500 grams when they're as much as 3,400 grams packed in is a danger to anybody. Thank you, Mr. Chairman.

Thank you. Thank you, Mr. Book. Thank you, Fire Marshal. And Commissioner Hartman, does that answer suffice? Would anybody else like to be recognized? And so I do want to touch on what commissioner bastion brought up because I think I think she makes a tremendous point and I think the point that you were trying to make correct me if I'm wrong commissioner was you'd like to see a definition of what the imminent imminent harm imminent danger is so I think to the to the administration is there Is there a way to define what imminent danger would be in this very scenario? I think the commissioner's unreadiness here goes to being able to inform to the public, specifically to small businesses, I think, what exactly the imminent danger is. Commissioner Bastien, you recognize?

Yeah, before you respond, let me, so I recommended that we set some parameters to ensure the community clearly understands when disorder can be authorized. We should ensure that the condition poses an immediate threat to life or risk of serious bodily harm if utility remains connected with a clear definition of imminent danger. You correct, Mr. Chair? Second, that a written determination is documented. And number three, an emergency appeals pathway is available. These are the recommendations.

Chief Palmer, you're recognized?

Yes. We'll work with Commissioner Bastian. Our reluctance to put a specific definition of imminent danger is that if we miss any particular item, then there's a lot of liability. So like for example, blocking an emergency exit is obvious upon sight that it's a danger, but we'll work with the commissioner as to what it is. But the specific definition for it may be a little troublesome unless fire has a different opinion. He is the expert on fire marshal. So I would defer to him on that.

Thank you, Chief. And so what I would say is I'm going to go ahead and move the item along, but I would ask the administration please work directly with Commissioner Bastien's office to see how we can get to either a definition or clarification. We can do that. So with that, can I get a motion to move the item?

Yes, you're moved.

Moved, it's been seconded. All in favor signify by saying aye.

Commissioner, this is an ordinance, so we do need a roll call. And I'm sorry, I just wanted to confirm public hearing has now been closed.

Public hearing has now been closed, absolutely. Clerk, call the roll.

Commissioner Bastian? Yes. Commissioner Hardiman? No. Commissioner Lopez? No. Chairman Gonzalez? No.

Motion passes unanimously. Thank you so much. And I think with that, do we have any more items?

Nothing further, Mr. Chair.

Thank you. So we are adjourned. Thank you.