R5S - Limit Elevator Permit Renewals

Ordinances - R5 S

R5 S AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “BUILDING REGULATIONS,” BY AMENDING ARTICLE I, ENTITLED “IN GENERAL,” BY AMENDING DIVISION 2, ENTITLED “PERMIT FEES,” BY AMENDING SECTION 14-65 THEREOF, ENTITLED “MECHANICAL PERMITS,” TO LIMIT THE NUMBER OF TEMPORARY TENANT USE PERMIT RENEWALS ALLOWED FOR ELEVATORS; AND FURTHER AMENDING APPENDIX “A” TO THE CITY CODE, ENTITLED “FEE SCHEDULE,” TO REVISE AND INCREASE FEES CHARGED FOR THE TEMPORARY TENANT USE PERMIT RENEWALS FOR ELEVATORS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Applicable Area:

COMMISSION MEMORANDUM

DATE:

RECOMMENDATION

The Administration recommends amending the City Code to incorporate an increase in the fee structure for temporary use renewals for elevators. Under the new amendment, after the first renewal, which will remain at $162, any subsequent temporary use renewals are proposed to increase to $2,090, matching the temporary use permit fee. The Administration also recommends limiting the number of renewals to three (3) after the initial temporary use permit is issued, as a way to encourage property owners and elevator companies to work together to ensure safe and functional elevators.

BACKGROUND/HISTORY

On June 25, 2025 at the request of Commissioner Laura Dominguez, the Mayor and City Commission (”City Commission“) approved a referral to the Finance and Economic Resiliency Committee (”FERC”), Item C4 I (”Attachment A”), to discuss the proposed amendment to the City Code, increasing the fees charged for the temporary use permit renewals.

Under Chapter 399, Florida Statutes (the “Elevator Safety Act”), including Section 399.13, the Elevator Safety Division of the City’s Public Works Department has been delegated the jurisdictional authority over elevators, escalators, moving walks, wheelchair lifts, and related equipment in the City of Miami Beach (the “City”).

The Elevator Safety Division is responsible for enforcing the Elevator Safety Act; the Florida Elevator Safety Code, Chapter 61C-5 of the Florida Administrative Code; Chapter 30 of the Florida Building Code; the American Society of Mechanical Engineers (ASME) Safety Code for Elevators and Escalators; the State Fire Marshal’s Uniform Fire Safety Standards (NFPA 72); portions of the National Electrical Code (NEC 70); and the Americans with Disabilities Act.

The City has issued temporary tenant use permit renewals to provide relief to elevator owners and operators undertaking final permit inspections and permit activities for elevator units. The City currently allows for an indefinite number of temporary tenant use permit renewals for elevators. These renewals are issued for 30-day intervals.

The City seeks to incentivize property owners and elevator companies to limit their use of temporary tenant use permits and work together in ensuring safe and functional elevators, consistent with the Florida Building Code and related statutes and regulations.

The Administration recommends fixing the fee for a first temporary tenant use permit renewal at $162 and increasing the fee to obtain a second or subsequent temporary tenant use permit renewal for an elevator to $2,090. The Administration also recommends limiting the number of renewals to three (3) after the initial temporary tenant use permit is issued. The proposed draft ordinance is attached.

The proposed elevator temporary use renewal fee increase was presented at the September 26, 2025 FERC meeting. FERC members agreed on the fee increase and made a motion to move the item to the full City Commission for approval.

FISCAL IMPACT STATEMENT No fiscal impact.

Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

CONCLUSION The Administration recommends amending the City Code to incorporate an increase in the fee structure for temporary use renewals for elevators. Under the new amendment, after the first renewal, which will remain at $162, any subsequent temporary use renewals are proposed to increase to $2,090, matching the temporary use permit fee. The Administration also recommends limiting the number of renewals to three (3) after the initial temporary use permit is issued, as a way to encourage property owners and elevator companies to work together to ensure safe and functional elevators.

Applicable Area

Citywide

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

If so, specify the name of lobbyist(s) and principal(s):

Department

Public Works

Sponsor(s)

Commissioner Laura Dominguez

Co-sponsor(s)

Condensed Title

11:00 a.m. 1st Rdg PH, Increase Fees, Temporary Use Permit Renewals for Elevators. (LD) PW

Previous Action (For City Clerk Use Only)

Committee Referrals - C4 I

COMMISSION MEMORANDUM

RECOMMENDATION

The Administration desires to amend the City Code to incorporate an increase in the fee for temporary use renewals for elevators, from its current $162 to $2,090 (equal to the temporary use permit fee) and limit the number of renewals to three (3), after the initial temporary use permit is issued.

BACKGROUND/HISTORY

Under Florida Statutes (“FS“), Elevator Safety Act, Chapter 399, Rule 399.13, the Elevator Safety Division of the City of Miami Beach’s Public Works Department has been delegated the jurisdictional authority over elevators, escalators, moving walks, wheelchair lifts and related equipment Citywide.

Under its current Code, the fee to apply for a temporary use permit is $2,090. This permit allows for an indefinite number of 30-day temporary use renewals for elevators. This is a concern, because it allows elevator companies to avoid and/or extend the elevator‘s required final permit inspection indefinitely.

In order to incentivize property owners and elevator companies to work together to ensure safe and functional elevators, consistent with the Florida Building Code, Public Works is proposing an Ordinance amendment (Attachment A).

This amendment will modify and increase the fee for temporary use renewals for elevators from its current fee of $162 (fee which is increased by approximately 6% every year) to $2,090 (equal to the temporary use permit fee) and limit the number of renewals to three (3), after the initial temporary use permit is issued. After the third renewal, the unit will be removed from service until a final permit inspection is performed and the unit passes; or if extenuating circumstances/conditions at the site justify additional renewals being granted to resolve the issue(s), which is all contingent upon the City’s approval.

FISCAL IMPACT STATEMENT No fiscal impact

CONCLUSION

The Administration desires to amend the City Code to incorporate an increase in the fee for temporary use renewals for elevators, from its current $162 to $2,090 (equal to the temporary use permit fee) and limit the number of renewals to three (3), after the initial temporary use permit is issued.

Applicable Area

Citywide

Department

Public Works

Sponsor(s)

Commissioner Laura Dominguez

Condensed Title

Ref: FERC - Increase Fees Charged for Temporary Use Permit Renewal for Elevators. (Dominguez) PW

Previous Action (For City Clerk Use Only)

ORDINANCE NO.

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CODE OF THE CITY OF MIAMI BEACH. ENTITLED “BUILDING REGULATIONS.” BY AMENDING ARTICLE II, ENTITLED “CONSTRUCTION STANDARDS,” BY AMENDING DIVISION 2. ENTITLED “PERMIT FEES,” BY AMENDING SECTION 14-65 THEREOF, ENTITLED “MECHANICAL PERMITS” TO LIMIT THE NUMBER OF TEMPORARY TENANT USE PERMIT RENEWALS ALLOWED FOR ELEVATORS; AND FURTHER AMENDING APPENDIX “A” TO THE CITY CODE. ENTITLED “FEE SCHEDULE.” TO REVISE AND INCREASE FEES CHARGED FOR THE TEMPORARY TENANT USE PERMIT RENEWALS FOR ELEVATORS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

WHEREAS, under Chapter 399, Florida Statutes (the “Elevator Safety Act”), including Section 399.13, the Elevator Safety Division of the City’s Public Works Department has been delegated the jurisdictional authority over elevators, escalators, moving walks, wheelchair lifts and related equipment in the City of Miami Beach (the “City”); and

WHEREAS, the Elevator Safety Division is responsible for enforcing the Elevator Safety Act; the Florida Elevator Safety Code, Chapter 61 C-5 of the Florida Administrative Code; Chapter 30 of the Florida Building Code; the American Society of Mechanical Engineers (ASME) Safety Code for Elevators and Escalators; the State Fire Marshal’s Uniform Fire Safety Standards (NFPA 72); portions of the National Electrical Code (NEC 70); and the Americans with Disabilities Act; and

WHEREAS, the City has issued temporary tenant use permit renewals to provide relief to elevator owners and operators undertaking final permit inspections and permit activities for elevator units; and

WHEREAS, the City currently allows for an indefinite number of temporary tenant use permit renewals for elevators issued for 30-day intervals; and

WHEREAS, the City seeks to incentivize property owners and elevator companies to limit

their use of temporary tenant use permits and work together in ensuring safe and functional

elevators, consistent with the Florida Building Code and related statutes and regulations; and

WHEREAS, the Administration recommends fixing the fee for a first temporary tenant use permit renewal at $162 and increasing the fee to obtain a second or subsequent temporary tenant use permit renewal for an elevator to $2,090; and

WHEREAS, the Administration also recommends limiting the number of renewals to three (3), after the initial temporary tenant use permit is issued; and

WHEREAS, mechanical permit fees, including those applicable to temporary tenant use renewals of elevators, are set forth in appendix A of the City Code; and

WHEREAS, appendix A provides for an initial temporary tenant use permit fee of $2,090;

and

WHEREAS, this Ordinance updates appendix A to specify that the fee for the first temporary tenant use renewal of elevators is set at $162, while the fee for any subsequent renewals will be increased to $2,090.

NOW, THEREFORE. BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:

SECTION 1. Chapter 14 of the City Code is hereby amended as follows:

CHAPTER 14

BUILDING REGULATIONS

+ + +

ARTICLE II. CONSTRUCTION STANDARDS

DIVISION 2. PERMIT FEES

Sec. 14-65. Mechanical permits.

Definitions

(a)

(1)

“Department” means the Public Works Department of the City of Miami Beach,

Florida

(2)

“Division” means the Elevator Safety Division of the Public Works Department.

(3)

“Elevator” shall have the meaning set forth in Section 399.01, Florida Statutes.

(4)

“Owner" means the owner of a unit or any representative, agent, or attorney of such an owner

(5)

“Temporary tenant use permit” means a permit issued by the Division to allow the temporary use of a noncompliant unit following the successful passage of a temporary operation inspection.

(6)

“Temporary tenant use permit renewal” means a temporary extension of a temporary tenant use permit as set forth herein.

(7)

“Unit” means any elevator.

(b)

Fee schedule. Mechanical permit fees aFe authorized under this section shall be levied as specified in appendix A.

(C)

Authority. Pursuant to Chapter 399 of the Florida Statutes, the “Elevator Safety Act,” including Section 399.13, the Division has been delegated the jurisdictional authority over elevators, escalators, moving walks, wheelchair lifts and related equipment in the City of Miami Beach. Pursuant to this delegated authority, the Division is responsible for permitting the installation of new, and the alteration of any existing, vertical conveyances, including all inspections and tests, to certify that the work meets the applicable requirements, as may be amended from time to time, of the Elevator Safety Act; the Florida Elevator Safety Code, set forth in Chapter 61C-5 of the Florida Administrative Code; Chapter 30 of the Florida Building Code; the American Society of Mechanical Engineers (ASME) Safety Code for Elevators and Escalators; the State Fire Marshal’s

Uniform Fire Safety Standards (NFPA 72); the National Electrical Code (NEC 70); the Americans with Disabilities Act; and any other applicable code.

(d)

Temporary tenant use permits. An owner may submit an application to request an inspection from the Division for a temporary tenant use permit, which may be issued within the discretion of the chief elevator inspector and will remain effective for a period not to exceed 30 days from the date of issuance.

(e)

Temporary tenant use permit renewals. After the issuance of a temporary tenant use permit, the owner may only obtain up to three (3) renewals of the temporary tenant use permit, provided that each renewal may not exceed 30 days. Upon expiration of the third renewal. the unit shall be removed from service until or unless:

(1)

final approval is granted for the unit and all outstanding, applicable certification

requirements and permit conditions have been satisfied; or

(2)

the Division, based on a written determination of the chief elevator inspector, has granted a variance pursuant to section 14-65(f) upon a finding that the criteria in subsection (f) of this section are satisfied.

(f)

Variances. The chief elevator inspector, acting on behalf of the Division, may grant a variance to permit an additional temporary use permit renewal beyond the three renewals provided in section 14-65(e). The approval of a variance may be subject to any conditions deemed reasonably necessary by the chief elevator inspector to ensure public safety and compliance with applicable statutes and regulations until final approval is qranted by the Division. The chief elevator inspector must issue a written determination accompanyinq the grant of a variance finding:

(1)

the existence of an undue hardship that is not self-created by the owner; or

(2)

the presence of specific conditions at the site that, in the opinion of the chief

elevator inspector, warrant the continued operation of the unit prior to a grant of final approval and resolution of any outstanding permit(s) by the Division.

SECTION 2. Appendix A, entitled “Fee Schedule,” is hereby amended as set forth in Exhibit “A” to this Ordinance.

SECTION 3. REPEALER.

All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed.

SECTION 4. CODIFICATION.

It is the intention of the City Commission, and it is hereby ordained that the provisions of

this ordinance shall become and be made part of the Code of the City of Miami Beach as

amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word.

SECTION 5. SEVERABILITY.

If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity.

SECTION 6. EFFECTIVE DATE.

This Ordinance shall take effect on

PASSED and ADOPTED this day of

Steven Meiner, Mayor

ATTEST:

Rafael E. Granado, City Clerk

(Sponsored by Commissioner Laura Dominguez)

APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION

EXHIBIT “A”

APPENDIX A - FEE SCHEDULE

Pursuant to section 1-15 of this Code, this appendix includes all fees and charges established by

the City Commission that are referred to in the indicated sections of the Code of Ordinances.

Certain specified fees and charges, as identified herein, shall be subject to annual adjustment by the city manager, pursuant to the provisions of section 1-15 and this Appendix "A". A schedule of all current city fees and charges as set forth in Appendix "A" shall be maintained on the city's website

Chapter 14. Building Regulations Part I

+

Article II. Construction Standards

Division 2. Permit Fees

14-65

1 Mechanical Permit Fees

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Temporary use permit renewal, first renewal

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maximum of three renewals

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