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3125 ORDIN~NC~ NO. 3125 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SANFORD TO CPaATE CHAPTER 9, ARTICLE V, SECTION 940, ENTITLED INSPECTION AND FALSE ALARM FEES; ESTABLISHING FIRE INSPECTION FEES WHICH MAY BE AMENDED FROM TIME TO TIME; DEFINING AND REGULATING OPEN BURNING; ESTABLISHING A FALSE ALARM FEE; PROVIDING A SCHEDULE OF FEES FOR FALSE A/2~RMS; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: WHEREAS, Chapter 633, Florida Statutes, requires that every municipality have a minimum fire code; and WHEPaAS, Chapter 633, Florida Statutes, requires the State Fire Marshall to establish uniform fire safety rules for certain occupancies, which rules are adopted by the City of Sanford for enforcement; and WHEREAS, the City of Sanford has enacted, as Chapter 9 of the City Code, a Fire Prevention Code which is in accordance with the state mandate to adopt a minimum fire code; and WHEREAS, the implementation of the Fire Prevention Code requires plans reviews and inspections which involves commitment of City staff and City resources; and WHEREAS, the administration of the Fire Prevention Code serves a substantial public purpose and serves the public health, safety, welfare and economic well being; and WHEREAS, demand for various City services has significantly increased, requiring the City to increase the number of its employees and to increase the time spent by those currently employed on such services; and WHEREAS, municipalities may establish fees to defray the cost of services rendered; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA: SECTION 1: The Code of Ordinances of the City of Sanford shall be amended to create Chapter 9, Article V, Section 940, which shall read as follows: ARTICLE V. INSPECTION AND FALSE ALARM FEES Sec. 940. Inspection and False Alarm Fees. The Fire Chief or his designees shall charge the fees as indicated herein, which shall be paid prior to the inspection being performed or any permit being issued: A. REMODELING OR NEW CONSTRUCTION (1) A fee in the amount of $.02 per square foot Of gross floor area of any new construction shall be levied on all new construction in the City of Sanford. This fee shall encompass plans review and all necessary fire inspections, including the building's Fire Safety System. (2) A fee in the amount of $.02 per square foot of gross floor area of any addition, alteration, repair or modification shall be levied on all additions, alterations, repairs or modifications of any occupancy in the City of Sanford. B. INSPECTION OF COMMERCIAL, INDUSTRIAL, AND RESIDENTIAL PROPERTIES, INCLUDING INSPECTION FOR OCCUPATIONAL LICENSE: (1) An annual inspection fee of $30.00 shall be charged for the purpose of conducting an inspection to determine compliance with the State Uniform or Minimum Fire Codes for the purpose of reporting said compliance to a state or county agency. (2) Each inspection fee shall include: one (1) trip to the property to conduct initial inspection; one (1) Fire Inspection Report listing violations if any; one (1) inspection upon the request of the applicant to confirm compliance if necessary; and One (1) report issued to the appropriate state or county agency indicating compliance with applicable fire codes. (3) Reinspections: If further inspections are necessary in addition to those Included in the initial fee, the fee for such reinspections shall be the greater of: (a) First reinspection - fee of $30.00 (b) Second reinspection - fee of $45.00 (c) Third and subsequent reinspections - fee of $75.00 each, or an amount equal to the actual time spent by the inspector on the reinspection, including travel time, multiplied by that inspector's hourly personnel cost. Page 2 Ordinance No 3125 (i) The necessity for such reinspections shall be documented by the inspector, to include the condition(s) requiring such reinspection and a citation to the applicable section of the City Code or Florida Statutes. (ii) Said reinspection fees shall be paid prior to final approval being granted by the Sanford Fire Department, and such approval shall be contingent upon such payment. (iii) Any person against whom such reinspection fees have been levied, and who desires to contest either the necessity for the reinspection or the amount of the fee charged, may appeal same to the Fire Marshall and from the Fire Marshall to the Building and Fire Codes Board Of Appeal. C. FLAMMABLE LIQUID/GAS TANKS-UNDERGROUND (1) For the installation Or removal of any underground tank(s) containing a flammable/combustible liquid or gas or a compressed flammable liquid or gas, the fee shall be $30.00 per tank. The fee shall include plans review, one (1) trip to inspect for depth and anchors, and one (1) trip to inspect for slab reinforcing rod and thickness. (2) For removal of flammable or compressed flammable liquids from the underground tanks and removal of such tanks, the fee shall be $25.00. This fee shall include one (1) trip to witness such removal. (3) Fees for Additional Reinspections: If further inspections are necessary in addition to those included in the initial fee, the fee for such reinspection shall be the greater of: (a) First Reinspection Fee None (b) Second Reinspection Fee $30.00 (c) Third Reinspection Fee $45.00 (d) Fourth Reinspection Fee $75.00 (e) Fifth & Additional Reinspection Fee $100.00 D. ABOVE GROUND FLAMMABLE/COMBUSTIBLE LIQUID/GAS OR COMPRESSED FLAMMABLE LIQUID/GAS TANKS (1) For the installation of any above ground tank containing a flammable/combustible liquid or gas or a compressed fla~able liquid or gas, the fee shall be $30.00. The fee Page 3 Ordinance No 3125 shall include plans review, one (1) trip to inspect for supports, and impounding if applicable. E. FIRE SYSTEMS TESTING FEES (1) The following fees shall apply to tests of the following fire systems, whether located in commercial, residential, or other property. This Schedule of Fees is applicable to all buildings having Fire Safety Systems in place at date of ordinance adoption and any new system added to existing buildings or any changes made in the existing system after the adoption of this ordinance. (In the event of new construction or remodeling of an existing building, the fee will be included in the inspection fee as listed in Section 940(A), above): l) Fire Sprinkler System $50.00 2) Fire Standpipe System $50.00 3) Fire Alarm Systems 1-5 Floors $50.00 Each additional floor over 5 $10.00 4) Smoke Evacuation System $50.00 5) Automatic Fire Extinguishing System (carbon dioxide, halon, dry chemical, etc) $50.00 6) Emergency Generator $50.00 F. OPEN BURNING (1) Open burning is defined as any type of Outside burning other than in a non-combustible container or pit covered by a metal mesh or grill. For the burning Of any materials in the open, the non-refundable fee shall be $100.00. This fee is non- refundable even if, after issuance of the permit, conditions arise which would prevent the burning in accordance with the permit because of a threat to surrounding property or to the general public health, welfare and safety. G. FALSE ALARMS (1) "False alarm" means the activation of a fire alarm system signal or message which elicits an emergency response by the Sanford Fire Department when a situation requiring such response does not, in fact, exist. (2) "Fire alarm system" means any mechanical, electrical or radio controlled system which is designed to transmit a signal or message when activated manually or because of any product of combustion including heat, smoke or flame Page 4 Ordinance No 3125 and shall include a control panel. A single station device shall not be considered an alarm system. (3) "System malfunction" means the activation of any alarm system caused by mechanical failure, improper instal- lation, or lack of proper maintenance, or any other cause as determined by the Fire Marshal. (4) Each time the Fire Department responds to a false alarm due to system malfunction or when no reason for the false alarm can be detected, the Fire Department shall issue a warning notice to the owner, lessee or manager of the property, which warning notice shall require that the alarm systembe inspected and/or serviced within five (5) working days. (5) There shall be a service fee charged for false alarms according to the following schedule: First, second and third (within last six (6) months) ........................ No Fee Fourth response with no ~por~ filed (within six (6) months) ............................ $ 35.00 Fifth response (within six (6) months) ............. $ 50.00 Each subsequent response (within six (6) months)...$150.00 (6) The Fire Department shall determine those hours and dates during which inclement weather may impact the proper operation of an alarm system, and false alarms occasioned thereby shall not result in issuance of a warning notice or imposition of a service fee. (7) Upon failure of the owner, lessee or manager of the property to pay the false alarm fee(s), the unpaid fee(s) may be assessed as a lien upon the real property where the fire alarm system is installed. The City may enforce its lien and maintain a personal action against the property ownerr lessee or manager at the same time to recover the unpaid fee(s) and any interest accrued thereon. In any action brought by the City for the collection of the unpaid fee(s) or lien(s), the City shall be entitled to recover its actual costs and attorney's fees for the action. Page 5 Ordinance No 3125 SECTION 2: Codification. It is the intention of the City Commission of the City of Sanford, Florida, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sanford, Florida; that the Sections of this Ordinance may be renumbered or relettered to accomplish such intention; that the word, "Ordinance," may be changed to "Section," "Article," or other appropriate word. SECTION 3: Conflicts. All Ordinances or parts of Ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. SECTION 4: severability. If any Section or portion of a Section of this Ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section or part of this Ordinance. SECTION 5: Effective Date. That this ordinance shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this/~ day of~~C~ , A.D. 1992. MAYOR ATTEST: J~e~City~on of the City of Sanford, Florida CERTIFICATE I, Janet R. Donahoe, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 3125 PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 14th day of Septen~Der, 1992, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 15th day of September, 1992. In witness whereof, I hav~ hereunto set my hand and the official seal of the City of Sanford, Florida, this 15th day of September, 1992. City of Sanford, Florida.