File Number: 060924
|Printable PDF Format|
|File Number: 060924||File Type: Ordinance||Status: Adopted as amended|
|Version: 0||Reference: 06-40||Control: County Commission|
|Requester: NONE||Cost:||Final Action: 3/23/2006|
|Sunset Provision: No||Effective Date:||Expiration Date:|
|Registered Lobbyist:||None Listed|
|Acting Body||Date||Agenda Item||Action||Sent To||Due Date||Returned||Pass/Fail|
|County Attorney||3/27/2006||Assigned||Hugo Benitez||3/24/2006|
|Board of County Commissioners||3/23/2006||7B SUBSTITUTE AMENDED||Adopted as amended||P|
|REPORT:||Commissioner Gimenez suggested that a copy of the estimated cost analysis prepared by the Building Department to implement this plan be forwarded to the members of the Florida Legislation for their review. Commissioner Diaz suggested that gas stations be inspected prior to allowing them to turn on generators. Chairman Martinez suggested that the foregoing proposed ordinance be amended to limit the definition of small gas stations to those proprietors owning only one gas station. Following a discussion on financial assistance related issues, Commissioner Gimenez suggested that the industry’s input should be sought prior to determining what would be the best course of action to take and establishing the criteria to provide financial assistance to small gas station owners. Upon concluding the discussion on the proposed amendment regarding limiting financial assistance to gas station proprietors owning only one gas station, the Board adopted the foregoing ordinance as amended to provide for the following: - the implementation timeframes indicated in the County Manager’s cover memorandum and in this ordinance were changed to July 1, 2006; - the timeframes to obtain a building permit and a certificate of occupancy in the event an Alternate Source of power required construction or otherwise obtaining such documents were changed from not later than March 1, 2006, to not later than July 1, 2006, and from not later than June 1, 2006, to not later than September 1, 2006, respectively; - the timeframe for having a schedule showing the purchase or lease of equipment and providing installation, in the event that an Alternate Source of power to operate the pumps required the installation of permanent equipment, was changed from not later than June 1, 2006, to not later than August 1, 2006; - the Miami-Dade County Building Official shall adopt standard drawings, permit application, and process to assist in the implementation of the requirements to implement this plan; - the County Manager shall make identification and registration of all affected gas stations; and - the County Manager shall provide to the Board within ninety (90) days from the effective date of this ordinance proposed legislative measures to defray the costs of building permits required to implement the provisions of this plan.|
ORDINANCE REQUIRING EMERGENCY RESPONSE PLAN FROM GAS STATIONS LOCATED IN THE INCORPORATED AND UNINCORPORATED AREAS FOR THE PROVISION OF FUEL DURING A LOCAL STATE OF EMERGENCY; PROVIDING FOR MINIMUM CONTENTS OF THE PLAN INCLUDING THE REQUIREMENT OF THE UNINTERRUPTED SUPPLY OF POWER; PROVIDING FOR APPROVAL BY THE DIRECTOR OF THE OFFICE OF EMERGENCY MANAGEMENT; PROVIDING FOR EXEMPTIONS FOR LIMITED PERIODS; ESTABLISHING PENALTIES AND ENFORCEMENT PROCEDURES, AMENDING CHAPTERS 8B AND 8CC OF THE CODE, PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE
WHEREAS, Hurricane Wilma made landfall in South Florida in the morning hours of October 24, 2005; and
WHEREAS, the hurricane created a serious crisis throughout the region involving the shortage of fuel; and
WHEREAS, fuel is an indispensable commodity, necessary for the transportation and emergency electrical power to serve hurricane victims and rescue and law enforcement personnel; and
WHEREAS, the shortage was the result of a power shortage which rendered inoperable a very large percentage of the gas stations in the region; and
WHEREAS the protection of this community requires that this situation not be repeated and these gas stations provide for an uninterrupted supply of alternate power sufficient to operate the pumps during times of emergency need; and
WHEREAS the Office of Emergency Management through its Director has been charged with the responsibility of performing emergency management functions within the territorial limit of Miami-Dade County; and
WHEREAS the coordinated planning of these efforts on a County-wide basis is in the best interest of the citizens of incorporated and unincorporated Miami-Dade County; and
WHEREAS these measures are essential to the protection of the safety of our community in the event of emergency conditions created by the recently experienced more active hurricane seasons, among others,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. Chapter 8B of the Code of Miami-Dade County is hereby amended by the addition of the following new section:
CHAPTER 8B - EMERGENCY MANAGEMENT
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Sec. 8B-16 Planning related to gas stations.
1. This Section shall apply to gas stations located within incorporated or unincorporated Miami-Dade County. Gas station shall be defined in Section 33-1 (51) of this Code.
2. Gas stations are required to create and implement a plan in place to provide for the uninterrupted operation of all fuel pumps within twenty-four hours following the declaration of a local state of emergency pursuant to this Chapter (the "Gas Station Emergency Plan").
3. The Gas Station Emergency Plan shall document the gas station's ability to provide uninterrupted services not later than July 1, 2006 and shall provide, at a minimum:
(a) An alternate source of power to operate the pumps during periods of electrical outage (the "Alternate Source"). The Alternate Source shall be sufficient to operate all pumps during normal business hours and may involve one or more temporary or permanent fuel operated generators.
(b) In the event that the Alternate Source requires the installation of permanent equipment, a schedule showing the purchase or lease of the equipment and providing installation not later than August 1, 2006.
(c) In the event that the Alternate Source requires construction or otherwise the obtaining of a building permit, a schedule for obtaining a permit not later than July 1, 2006 and a certificate of occupancy not later than September 1, 2006.
(d) In the event that the Alternate Source requires the delivery of generators from off-site facilities, evidence of the availability of such generators to the gas station, and for delivery to the site of those generators in reasonably foreseeable disaster conditions.
(e) A maintenance plan for any and all equipment related to the Alternate Source.
(f) Plans for the recall of gas station personnel essential to the task of dispensing essential fuel supplies.
(g) Identification of the owner, manager or person having operational control of the gas station and, if different, emergency contact personnel charged with implementing the Plan.
4. Each owner of a gas station shall deliver the required Gas Station Emergency Plan to the Director not later than July 1, 2006. For gas stations which are not in possession of a certificate of use and occupancy as of the effective date of this Section, the required Gas Station Emergency Plan shall be delivered to the Director not later than 90 days following the date of such certificate and shall provide for implementation within 180 days of submission of the plan.
5. The Director shall review each Gas Station Emergency Plan to determine in his or her discretion whether such plan complies with the requirement of this ordinance and otherwise provides for the protection of public safety by allowing for the distribution of fuel during disaster conditions.
6. The Director shall reject any Gas Station Emergency Plan within thirty (30) days of its submission by notifying the person identified in the plan. The Director shall wherever possible identify the reasons for rejection and provide an opportunity to cure. Failure to notify a rejection shall be deemed approval of the plan.
7. Gas stations shall at all times abide by the provisions of the approved Gas Station Emergency Plan, including any and all deadlines set forth in the approved schedule. The Gas Station Emergency Plan shall be in effect for a period of five (5) years and shall be binding on all subsequent owners and operators of the gas station. A new Emergency Gas Station Plan shall be submitted for approval not later than sixty (60) days prior to the expiration of the plan in effect.
8. In the event of any material change with respect to any of the provisions of the Gas Station Emergency Plan the revisions shall be communicated to the Director in writing, for the Director's approval, wherever possible in advance of the proposed change and in no event later than sixty (60) days following the adoption of the change.
9. Failure to abide by the provisions of this Section shall be punishable by civil fine in the manner established by Chapter 8CC of this Code, with each day of violation constituting a separate offense. The provisions of this Chapter shall also be enforceable through injunctive relief as a means of protection of the public interest through the exercise of the County's police power, and through any other means available at law. To insure compliance, an inspection process and review standards, including provisions for providing expedited post-disaster inspections, shall be set forth in an administrative order to be considered for adoption by this Board within ninety (90) days from the effective date of this ordinance. The Building Official for Miami-Dade County shall adopt standard drawings, permit application and process to assist in the implementation of the requirements of this section.
10. The Director shall be entitled, in his or her discretion, to exempt a gas station from the requirements of this Section based upon criteria to be applied uniformly and approved by resolution of this Board. The criteria may include size, volume and location of the gas station. The County Manager shall make recommendations to this Board for a grant, low interest or interest free program to defray the additional costs of implementing this program by qualified recipients and for identification and registration of all affected gas stations. The recommendation shall identify funding including any available from the State of Florida, FEMA or other federal sources. The criteria for exemption and the recommendations required in this subsection shall be set forth in an administrative order to be considered for adoption by this Board within ninety (90) days from the effective date of this ordinance. The County Manager shall also provide to the Board within ninety (90) days from the effective date of this Section proposed legislative measures to defray the costs of building permits required by Miami-Dade County to implement the provisions of this Section.
11. This Section shall preempt and supersede any inconsistent municipal ordinance to the same effect.
12. Nothing in this Section shall be interpreted to curtail, impede or otherwise affect the discretionary authority of the County in the exercise of its police power, administrative or regulatory functions
Section 2. Chapter 8CC of the Code of Miami Dade County is hereby amended as follows:1
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Sec. 8CC-10. Schedule of civil penalties.
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Code Section Description of Violation Civil Penalty
>>8B-16 Failure to file or abide by Gas
Station Emergency Plan $500.00<<
Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word.
Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.
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