§ 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.

(Ord. No. 06-40, § 1, 3-23-06)