§ 6-100. Emergency power systems required.

(a)

Each nursing home facility licensed pursuant to F.S. Chapter 400, and each assisted living facility licensed pursuant to F.S. Chapter 429, shall install and maintain a permanent, fully operational emergency power source and an on-site supply of fuel necessary to maintain the emergency power source for a minimum of five (5) days during a power outage to provide day to day electricity for the entire facility, to include the facility's heating, ventilation, and air conditioning system.

(b)

Each nursing home facility and assisted living facility shall obtain the services necessary to perform an annual load bank test and report any test failures to the fire chief on or before June 1 of each year.

(c)

The fire chief, or designee, shall inspect all nursing home facilities and assisted living facilities for operation of any emergency power source prior to being placed in service, and on an annual basis.

(d)

The owner of any nursing home facility or assisted living facility located within the geographical limits of the city shall comply with this section no later than March 1, 2018. After the effective date of this section, the owner of any new nursing home facility or adult living facility shall likewise comply with this section.

(e)

It shall constitute a violation of the City Code to fail to install and/or maintain a permanent emergency power source, to fail to install and/or maintain an on-site supply of fuel, or to fail to report test failures as required by this section. This section shall be enforced by the city's code enforcement special magistrate procedure as set forth in sections 2-116 through 2-127 of the City Code and fines shall be assessed for violations and repeat violations pursuant to section 2-124 of the City Code.

(f)

A violation of this section that results in the evacuation of a nursing home facility or assisted living facility, that results in physical harm to a resident of a nursing home facility or assisted living facility, or that occurs during a hurricane watch or hurricane warning issued by the National Weather Service, shall be presumed to be irreparable and irreversible. Any violation found to be irreparable or irreversible shall be punishable by a fine not to exceed fifteen thousand dollars ($15,000.00), as set forth in section 2-124(a)(1) of the City Code, as may be amended from time to time.

(Ord. No. 627, § 2, 12-12-17)