Miami-Dade Legislative Item
File Number: 090669
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File Number: 090669 File Type: Ordinance Status: Adopted
Version: 0 Reference: 09-59 Control: Board of County Commissioners
File Name: ORDINANCE AMENDING CHAPTER 8 Introduced: 3/9/2009
Requester: Building Code Compliance Department Cost: Final Action: 6/30/2009
Agenda Date: 6/30/2009 Agenda Item Number: 7J
Notes: 6WK/4WK REQUIRED EG Title: ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF MIAMI-DADE COUNTY; AMENDING SECTION 8-11 TO PRESERVE ANNUAL CERTIFICATION OF LOW PRESSURE BOILERS, WATER HEATERS AND PRESSURE VESSELS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE OF MIAMI-DADE COUNTY, AND AN EFFECTIVE DATE
Indexes: NONE
Sponsors: NONE
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 6/30/2009 7J Adopted P

Commission Auditor 6/15/2009 Legislative notes attached

Government Operations Committee 6/9/2009 3C Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Chairman Gimenez announced that the foregoing proposed ordinance was open for public participation, and there being no persons to appear before the Committee, the public hearing was closed. Hearing no comments or questions, the Committee voted on the foregoing proposed ordinance as presented.

Board of County Commissioners 4/16/2009 Municipalities notified of public hearing Government Operations Committee 6/9/2009 4/7/2009

Board of County Commissioners 4/7/2009 Tentatively scheduled for a public hearing Government Operations Committee 6/9/2009

Board of County Commissioners 4/7/2009 4D Adopted on first reading 6/9/2009 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Government Operations Committee on June 9, 2009 at 9:30 A.M.

County Attorney 3/16/2009 Assigned Eduardo W. Gonzalez 3/26/2009

County Manager 3/9/2009 Referred Government Operations Committee 6/9/2009

Board of County Commissioners 3/9/2009 Requires Municipal Notification Government Operations Committee 6/9/2009

County Manager 3/9/2009 Assigned County Attorney 4/7/2009
REPORT: BUILDING CODE COMPLIANCE(GOC-4/14/2009,PH-5/19/2009)

County Manager 3/9/2009 Assigned Alex Munoz 3/6/2009

Legislative Text


TITLE
ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF MIAMI-DADE COUNTY; AMENDING SECTION 8-11 TO PRESERVE ANNUAL CERTIFICATION OF LOW PRESSURE BOILERS, WATER HEATERS AND PRESSURE VESSELS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE OF MIAMI-DADE COUNTY, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:

Section 1. Chapter 8 of the Code of Miami-Dade County is hereby amended to read as follows:1


Sec. 8-11. Existing Building.

* * *

(a)The requirements contained in the Florida Building Code, covering the maintenance of buildings, shall apply to all buildings and/or structures now existing or hereafter erected. All buildings and/or structures and all parts thereof shall be maintained in a safe condition, and all devices or safeguards that are required by the Florida Building Code shall be maintained in good working order. Electrical wiring, apparatus and equipment, and installations for light heat or power and low voltage systems as are required and/or regulated by the Building Code, now existing or hereinafter installed, shall be maintained in a safe condition and all devices and safeguard maintained in good working order.

* * *

(c)Certificate of inspection for boilers and pressure vessels: A Certificate of Inspection shall be requested from and issued by the Building Official. Certificate of Inspection shall be the authorization to operate such equipment for a limited period as set forth herein:

(1) A Certificate of Inspection for a high-pressure boiler shall be for a period of not more than 6 months.

(2) A Certificate of Inspection for a low-pressure boiler shall be for a period of not more than 12 months. >>A Certificate of Inspection is required if any of the following criteria is met or exceeded: A heat input capacity of 200,000 BTU/h (58.6kW); A water temperature of 200 F (93 C); A nominal water capacity of 120 gallons (454 l).<<

* * *

(5) A Certificate of Inspection shall be posted in a conspicuous location to the operator.

Exception: Boilers requiring inspections and certification by the State of Florida Fire Marshal's Office, Boiler Safety Program.

* * *
Section 2. 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 3. 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. 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 4. This ordinance shall become effective upon enactment, unless vetoed by the Mayor within ten (10) days after its adoption, and if vetoed shall become effective only upon an override by this Board.

Section 5. This ordinance does not contain a sunset provision.





HEADER
Date:

To: Honorable Chairman Dennis C. Moss
and Members, Board of County Commissioners


From: George M. Burgess
County Manager


Subject: Proposed Ordinance Amending Chapter 8 of the Code of Miami-Dade County



STAFF RECOMMENDATION
It is recommended that the Miami-Dade County Board of County Commissioners adopt the attached proposed ordinance amending Chapter 8 of the Code of Miami-Dade County in order to maintain current levels of public safety regarding installation of boilers.

Scope
The proposed ordinance has a countywide impact as it amends Chapter 8 of the Miami-Code of Miami-Dade County which applies Countywide in the enforcement of the building code.

Fiscal Impact/Funding Source
There is no fiscal impact to Miami-Dade County or the municipalities.

Track Record/Monitor
Each Building Department examines and certifies boilers annually that fall within a defined criterion.

MANAGER'S BACKGROUND
Boilers may be described, informally, as a large water heating devices. Boilers are manufactured for various capacities and provide efficient and long-term water heating and process applications for small and large buildings, alike. Current boiler technology has made boilers more reliable, efficient, and safer. Nonetheless, boilers are still dangerous; they usually operate under high temperatures and pressures which, if not properly controlled, can cause explosions with devastating affects. An explosion can tear through concrete walls as well as floor slabs above. In cases like these, there is usually extensive damage and sometimes the tragic loss of life. Another major concern is a malfunctioning boiler can create conditions where high carbon monoxide (CO) levels may concentrate, endangering the public.

In order to provide for the safety of the public, reasonable oversight commensurate with the level of danger posed must be initiated and continued on a recurring basis. In this way, the proper operation of safety devices can be verified and any deficiencies identified in a timely fashion and corrected. It is for these reasons that Chapter 8 of the Code of Miami-Dade County requires that boilers be examined and certified by building department personnel on an annual basis. Currently, the Building Code defines boilers as those that meet or exceed any of the following criteria:



* A heat input capacity of 200,000 BTU/h (58.6kW)
* A water temperature of 200 F (93 C)
* A nominal water capacity of 120 gallons (454 l)

The Florida Building Commission voted to change the definition for a boiler, which will go into effect with the implementation of the 2007 edition of the Florida Building Code on March 1st, 2009. The new definition increases the heat input capacity of a boiler from 200,000 Btu to 400,000 Btu. The resulting definition is inconsistent with current national standards and is in conflict with Chapter 8 of the Code of Miami-Dade County, the South Florida Building Code, and the 2001 and 2004 editions of the Florida Building Code.

Based on the new definition, annual certification would not be required for new installations of boilers that meet or exceed 200,000 Btu, a water temperature of 200 degrees or a capacity of 120 gallons. Accordingly, building departments could no longer conduct these life safety certification inspections. As a result, the public could be deprived of the same level of safety that has been provided in the past. Consequently, this ordinance will not redefine what a boiler is, but rather maintain the standard for annual certification.

By identifying and preserving the specific limitations regarding annual certification and including water heaters and pressure vessels, this ordinance will ensure that the current level of protection provided to the public is not diminished solely on an arbitrary change of definition.










____________________
Alex Muoz
Assistant County Manager






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