§ 14-39. Permits.  


Latest version.
  • (A)

    No person shall operate, utilize or occupy, or cause, allow, let, permit or suffer to be operated, utilized or occupied any facility, instrumentality, real property, building, structure, or premises, other than one-and-two family residential dwellings and individual residential dwelling units within a multi-family residential building that are not used in a way that requires a State license and an inspection for compliance, in the unincorporated or incorporated areas of Miami-Dade County, without having obtained an annual operating permit from the Fire Department having jurisdiction pursuant to this article or in violation of any condition, limitation or restriction which is part of such a permit.

    (B)

    No person shall own, operate, utilize or occupy, or cause, allow, let, permit or suffer to be operated, utilized or occupied any vacant or abandoned facility, instrumentality, real property, building, structure, or premises, other than one-and-two family residential dwellings, in the unincorporated or incorporated areas of Miami-Dade County, without having obtained an annual operating permit from the Fire Department having jurisdiction pursuant to this article or in violation of any condition, limitation or restriction which is part of such a permit.

    (C)

    The criterion for issuance of a permit by the Fire Department having jurisdiction shall be payment of the permit fee, compliance with the applicable provisions of this Chapter, the Florida Fire Prevention Code or, within a municipality, any fire safety standards adopted by a municipality which are more stringent than the applicable fire safety standards in this Chapter or in the Florida Fire Prevention Code, or in the rules and regulations of the State Fire Marshal, as all of same may be amended from time to time. The Fire Department having jurisdiction may require conditions, limitations and restrictions as part of any permit if said conditions, limitations, or restrictions are consistent with the applicable provisions of this Chapter, the Florida Fire Prevention Code, and, within a municipality, any fire safety standards adopted by a municipality which are more stringent than the applicable fire safety standards in this Chapter or in the Florida Fire Prevention Code, or in the rules and regulations of the State Fire Marshal, as all of same may be amended from time to time.

    (D)

    The Fire Department having jurisdiction may deny the issuance of, suspend or revoke any permit for failure to pay the permit fee, comply with the applicable provisions of this Chapter, the Florida Fire Prevention Code, the rules and regulations of the State Fire Marshal as all of same may be amended from time to time, or, within a municipality, any fire safety standards adopted by a municipality which are more stringent than the applicable fire safety standards in this Chapter, or in the Florida Fire Prevention Code, or in the rules and regulations of the State Fire Marshal, as all of same may be amended from time to time.

    (E)

    The Fire Department having jurisdiction may deny the issuance of any such permit or revoke or suspend any such permit for failure to comply with the conditions, limitations and restrictions of any such permit.

    (F)

    Permits shall at all times be kept on the premises designated therein, and shall at all times be subject to inspection by any representative of the fire, police, or any other regulatory agency.

    (G)

    All applications for permits pursuant to this section shall be in the manner prescribed by the Fire Department having jurisdiction and accompanied by the required fee. The fees shall be established by implementing order of the County Mayor and approved by the Board of County Commissioners for permits within the jurisdiction of the Miami-Dade Fire and Rescue Service District. The fees for permits within municipalities outside of the Miami-Dade Fire and Rescue Service District shall be established by the governing body of the respective municipalities.

    (H)

    Permits shall not be transferable and any change in use or occupancy shall require a new permit.

    (I)

    Special Permits. The Fire Department having jurisdiction may require a permit for any short-term occupancy, facility, use, or process, not otherwise provided for in this Chapter, the Florida Fire Prevention Code, the rules and regulations of the State Fire Marshal, or the standard adopted by the municipality, which are more stringent than the aforesaid, that is found to present or may present a danger to the public health, safety or welfare.

    (J)

    The permit fees payable hereunder shall be deposited in a separate County fund, or, in the case of the aforesaid municipalities, in separate municipal funds, to be used exclusively by the Fire Department of the jurisdiction to pay for the costs of the following:

    (1)

    Investigation, preparation, and prosecution of civil and criminal actions, pursuant to this Chapter or the Florida Fire Prevention Code, to enforce the provisions of this Chapter, the Florida Fire Prevention Code and, in the case of the aforesaid municipalities, fire standards adopted by the municipality which are more stringent than the applicable provisions in this Chapter, the Florida Fire Prevention Code, or the rules and regulations of the State Fire Marshal, as all of same may be amended from time to time.

    (2)

    Monitoring, permitting, and inspection of facilities, instrumentalities, and real property to determine and seek to ensure compliance with this Chapter, the Florida Fire Prevention Code, or the rules and regulations of the State Fire Marshal, as all of same may be amended from time to time, and, in the case of the aforesaid municipalities, fire standards adopted by the municipality which are more stringent than the applicable provisions in this Chapter, the Florida Fire Prevention Code, or the rules and regulations of the State Fire Marshal, as all of same may be amended from time to time.

    (3)

    Responding to and attempting to resolve citizen complaints against violations or possible violations of this Chapter, the Florida Fire Prevention Code, or the rules and regulations of the State Fire Marshal, as all of same may be amended from time to time, and in the case of the aforesaid municipalities, fire standards adopted by the municipality which are more stringent than the applicable provisions of this Chapter, the Florida Fire Prevention Code, or the rules and regulations of the State Fire Marshal, as all of same may be amended from time to time.

    (4)

    Fire safety and prevention planning, protection, and programming.

    (K)

    No part of such separate County and separate municipal funds shall be used for purposes other than the aforesaid. The amount of said fees shall be reasonably regulated to the cost of the services and regulation provided.

    (Ord. No. 87-89, § 3, 12-15-87; Ord. No. 16-89, § 3, 9-7-16)

    Note— Formerly Section 14-53 of the Code.