Item Coversheet

Ordinances - R5  N




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:February  22, 2023
 

First Reading

SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 98, ENTITLED "STREETS AND SIDEWALKS," BY AMENDING ARTICLE Ill, ENTITLED "EXCAVATIONS," BY AMENDING SECTION 98-94 THEREOF, ENTITLED "BUILDING PERMITS," TO CREATE A SUBSECTION 98-94(G) THEREOF, TO PROHIBIT THE INSTALLATION OF NON-ENCLOSED WHEELCHAIR LIFTS IN THE CITY OF MIAMI BEACH; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

RECOMMENDATION

The Administration recommends approving the Ordinance on First Reading and scheduling a Second Reading Hearing on March 27, 2023.

BACKGROUND/HISTORY

The American Society of Mechanical Engineers (ASME) Section A18.1 Safety Standards for Platform Lifts and Stairway Chairlifts, Section 2.1.3 allows for the use of a wheelchair lift without a runway (hoistway).  This means that when the wheelchair lift unit is activated into an elevated position and is no longer situated on the ground floor, it creates an open space/void directly underneath the unit, allowing for someone (usually a child) to potentially and inadvertently access the space under the unit.

 

While there is a safety pan under the wheelchair lift unit that will stop a downward traveling unit upon making contact with the device, due to conditions in Miami Beach such as rain, salt, lack of use, etc., Elevator Inspectors have occasionally found the safety pan devices to be ineffective or inoperable, which can result in an injury or a fatality.

 

The Public Works Department is aware of this danger and is communicating these concerns with wheelchair companies that install this type of lift product.  However, until a permanent solution is implemented, the Administration recommends restricting the installation of non-runway wheelchair lifts in the City via its Code of Ordinance.

SUPPORTING SURVEY DATA

Results from the 2022 Resident Survey related to the City's perception and satisfaction show an overall approval of 67.4%, and rated the City as a good place to live.

FINANCIAL INFORMATION

No fiscal impact.

CONCLUSION

The Administration recommends approving the Ordinance on First Reading and schedule a Second Reading Hearing on March 15, 2023.

Applicable Area

Citywide
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 

Strategic Connection

Neighborhoods - Work with partners to address regional safety issues.
Legislative Tracking
Public Works
Sponsor
Commissioner Ricky Arriola

ATTACHMENTS:
Description
Ordinance