08-030
1 ORDINANCE NO. 08- D30
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AMENDING SECTION 9-22 OF CHAPTER 9,
5 "FIRE PROTECTION AND PREVENTION," TO
6 PROVIDE FOR INDIVIDUALS AND ENTITIES WHO
7 ARE RESPONSIBLE FOR PAYMENT OF FIRE AND
8 SAFETY INSPECTION SERVICES; PROVIDING FOR
9 ENFORCEMENT; PROVIDING FOR CONFLICTS,
10 SEVERABILITY, CODIFICA TION, AND AN
1 J EFFECTIVE DATE.
12
13 WHEREAS, the City of Boynton Beach Fire and Life Safety Division has determined
]4 that it is necessary to amend Section 9-22 of Chapter 9 of the City's Code of Ordinances to
15 further identify the individuals and entities who will be responsible for the payment of the fire
16 safety inspection fee; and,
17 WHEREAS, the City Commission has determined that it is in the best interests of the
18 esidents and citizens of the City of Boynton Beach to amend Section 9-22 of Chapter 9 of the
19 ode of Ordinances to further identify the individuals and entities who will be responsible for
20 he payment of the fire safety and inspection fee.
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
22 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 eing true and correct and are hereby made a specific part of this Ordinance upon adoption
26
27 Section 2. Chapter 9, "Fire Protection and Prevention", Article II "Fire Codes and
28 ees" is hereby amended as follows:
29
30 rt. II. Fire Codes and Fees
31
Page 1
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I . . .
2
3 Sec. 9-22. Fire inspection fees.
4 I (a) A fee in the amount of $.060 per square foot shall be levied on all new
5 construction, alterations, or additions in the city. This fee shall encompass plan review and
6 necessary fire inspections required prior to the issuance of a Certificate of Occupancy. The
7 City Manager is authorized to waive the fee for all city buildings and events.
8 (b) The following permit fees for fire protection systems are required:
9 (1) Fire detection and annunciation systems:
10 a. Less than 5,000 sq. ft. $35;
11 b. Greater than 5,000 sq. ft. $50, plus $10 for each 1,000 additional
12 square feet over 5,000.
13 (2) Fixed fire suppression systems $35 per hour, $35 minimum.
14 (3) Hazardous, flammable or explosive materials: $35.
15 (4) The plan review fee shall be four (4) times that specified in this table,
16 should commence prior to the fire plan review and approval as required by the
17 F ire Marshal.
18 (5) Change of plans: $35.
19 (6) The following inspection fees are required: reinspection fee, due to
20 violation, incompletion, lack of accessibility, or deviation from approved plan.
21 Following the initial inspection, one (1) reinspection for compliance will be
22 included in the original fee. If additional reinspections are necessary due to the
23 above criteria, reinspection fees will be required.
24 a. Second reinspection due to violation: $50.
25 b. Second reinspection due to incompletion, lack of accessibility, or
26 deviation from approved plan: $100.
27 c. Third and subsequent reinspection(s): $150.
28 (c) Annual inspection fees. There is hereby established a fee structure for annual
29 Ire and safety inspection activity conducted by the Fire and Life Safety Division for
30 ommercial enterprises and multi- family dwellings. The owner of each industrial property,
31 ommercial property, industrial enterprise, commercial enterprise, business, or multi-family
32 ~welling operating from a location within the city shall be responsible to insure that the
33 . 1 ~u annual fire and safety inspection fee as set forth below is paid in a timely manner:
u
Page 2
1 I (1) Non-residential, (includes all retail, mercantile, business office,
2 industrial, storage occupancies, assembly), healthcare, institutional, residential
3 board and care, and residential structures that are required to have business tax
4 receipt but not including restaurants, cafes, and public eating places.
5 a. First 1,000 sq. feet: $50.
6 b. Each additional 1,000 sq. feet: $8.00.
7 c. Tents, canopies and temporary structures: $35.
8 d. Churches up to 10,000 square feet: $45.
9 e. Churches over 10,000 square feet: $45 plus $8 for each additional
10 1,000 square feet over 10,000.
II I (2) Multi-family building (includes hotels, apartments, cooperatives,
12 condominiums, and boarding houses renting furnished or unfurnished rooms or
13 apartments).
14 a. Three to 24 units: $50.
15 b. Twenty-five to 38 units: $75.
16 c. Thirty-nine units to 100 units: $100.
17 d. Each unit over 100 is $10 additional.
18 (3) Restaurants, cafes and public eating places:
19 a. Seating capacity up to 15: $35.
20 b. Seating capacity from 16 to 50: $50.
21 c. Seating capacity from 51 to 100: $100.
22 d. Seating capacity over 100: $200.
23 (4) Educational:
24 a. Nursery day care: $35.
25 b. All others: $75.
26 (5) All others not classified above: $50.
27 (6) Businesses or professional individuals sharing one office suite or bay
28 shall be charged only one fire inspection fee.
29 I (7) The fees established in division (c), (d), and (e) shall accrue annually.
Page 3
1 (d) In the event the annual fire and safety inspection fee is not paid, the City may
2 enforce the non-compliance with this section by sending a notice of violation to the industrial
3 property owner. commercial property owner, business owner, or owner of the multi-family
4 residential dwelling, and then proceeding to the Code Compliance Board due to the
5 responsible parties failure to pay the annual fire and safety inspection fee.
6 (e) Water/hydrant flow test: $300.
7 -Will Facilities requiring more than one (1) inspection per year, excluding
8 reinspections, shall be charged 50% of the original fee but not less than $35.
9 I fftig} Nothing in this section shall be applied to governmental entities.
]0
11 Section 3. Should any section or provision of this ordinance or portion hereof, any
12 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
]3 such decision shall not affect the remainder of this ordinance.
14 Section 4. Authority is hereby granted to codify said ordinance.
15
16 Section 5. This ordinance shall become effective immediately upon passage.
17
18 FIRST READING this ~ day of Oc:roBE.~ ,2008.
19
20 {REMAINDER OF PAGE INTENTIONALLY LEFT BLANK}
21
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I I
II I
1 SECOND, FINAL READING AND PASSAGE this &1 day of
2 ~ OCTOBER ~ 2008.
3
4
5
6
7
8
9 --" ..... _-~
10 . Vi~.~__~. or-Jose o.d~ ue,?'-- . ~
II ,,/ '__/ ~ /' (
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~ .... .c:. ~<;.-- --....... ,
13 Jo/ Commissioner - Ronald Weiland ;7
/
14 ~) ) .~~., ~
15 . "/L~~( '<'.7
16 ATTEST: Corn.missi~ner-:!Woodrow L~
17 l.n "), ) ~./ ,
18 111.. f~;"L~;t} / / It~. ~/~/~~M.----'
19 Commissioner - Marlene Ross
20
21
'J,
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24
25
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E)(~\I'n'\1 \"A U
1 ORDINANCE NO. 08-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AMENDING SECTION 9-22 OF CHAPTER 9,
5 "FIRE PROTECTION AND PREVENTION," TO
6 PROVIDE FOR INDIVIDUALS AND ENTITIES WHO
7 ARE RESPONSIBLE FOR PAYMENT OF FIRE AND
8 SAFETY INSPECTION SERVICES; PROVIDING FOR
9 ENFORCEMENT; PROVIDING FOR CONFLICTS,
10 SEVERABILITY, CODIFICATION, AND AN
11 EFFECTIVE DATE.
12
13 WHEREAS, the City of Boynton Beach Fire and Life Safety Division has determined
14 that it is necessary to amend Section 9-22 of Chapter 9 of the City's Code of Ordinances to
15 further identify the individuals and entities who will be responsible for the payment of the fire
16 safety inspection fee; and,
17 WHEREAS, the City Commission has determined that it is in the best interests of the
18 residents and citizens of the City of Boynton Beach to amend Section 9-22 of Chapter 9 ofthe
19 Code of Ordinances to further identify the individuals and entities who will be responsible for
20 the payment of the fire safety and inspection fee.
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Ordinance upon adoption
26 hereof.
27 Section 2. Chapter 9, "Fire Protection and Prevention", Article II "Fire Codes and
28 Fees" is hereby amended as follows:
29
30 Art. II. Fire Codes and Fees
31
Page 1
In ------- ----..-
1 .. .
2
3 Sec. 9-22. Fire inspection fees.
4 I (a) , , _...... Formatted: Justified Indent: First
A fee m the amount of $.060 per square foot shall be leVIed on all new line: 0.5" '
5 construction, alterations, or additions in the city. This fee shall encompass plan review and
6 necessary fire inspections required prior to the issuance of a Certificate of Occupancy. The
7 City Manager is authorized to waive the fee for all city buildings and events.
8 (b) The following permit fees for fire protection systems are required:
........{ Formatted: Justified ]
9 (1) Fire detection and annunciation systems:
10 a. Less than 5,000 sq. ft. $35;
11 b. G h 5000 ft $50 1 $10 fi h 1 000 dd" 1-...... Formatted: Justified, Indent: Left:
reater t an, sq.. , p us or eac , a ItlOna I", First line: 0.5"
12 square feet over 5,000.
(2) Fixed fire suppression systems $35 per hour, $35 minimum. ........{ Formatted: Justified ]
13
14 (3) Hazardous, flammable or explosive materials: $35.
15 (4) The plan review fee shall be four (4) times that specified in this table,-.... Formatted: Justified, Indent: Left:
I"
16 should commence prior to the fire plan review and approval as required by the
17 Fire Marshal.
18 (5) Change of plans: $35.
19 (6) The following inspection fees are required: reinspection fee, due to
20 violation, incompletion, lack of accessibility, or deviation from approved plan.
21 Following the initial inspection, one (1) reinspection for compliance will be
22 included in the original fee. If additional reinspections are necessary due to the
23 above criteria, reinspection fees will be required.
Second reinspection due to violation: $50. _....--.{ Formatted: Justified ]
24 a.
25 b. S d' . d ' l' 1 k f 'bT -...... Formatted: Justified,Indent: Left:
econ remspectlOn ue to mcomp etion, ac 0 aCCeSSI I Ity, or I", First line: 0.5"
26 deviation from approved plan: $100.
Third and subsequent reinspection(s): $150. ...._ ...{ Formatted: Justified ]
27 c.
(c) 1 ' 'fi h' h b bl' h d fi fi 1-...... Formatted: Justified Indent: First
28 Annua mspection ees. T ere IS ere y esta IS e a ee structure or annua line: 0.5" '
29 fire and safety inspection activity conducted by the Fire and Life Safety Division for
30 commercial enterprises and mu1ti- family dwellings. The owner of each industrial property,
31 commercial property, industrial enterprise. commercial enterprise, business, or multi-family
32 dwelling operating from a location within the city shall be responsible to insure that the /.{ Deleted: charged an J
33 .,a.nl1ua1.fire. a,n~. ~a,(t?!Y. jl1~R~.cti()l1. fe.e .as. s.t?!. fe>.rt.J:1. ~t?~9.~. !~.Rl:l!~ il1. a. t!!l1t?~X .l!!-a,1)11~T.:......... ........_
Page 2
1 I (1) N on-resi dential, (includes all retail, mercantile, business office,+-..---- Formatted: Justified, Indent: Left:
2 industrial, storage occupancies, assembly), healthcare, institutional, residential 1"
3 board and care, and residential structures that are required to have business tax
4 receipt but not including restaurants, cafes, and public eating places.
..~ -- Formatted: Justified, Indent: Left:
5 a. First 1,000 sq. feet: $50. 1", First line: OS'
6 b. Each additional 1,000 sq. feet: $8.00.
7 c. Tents, canopies and temporary structures: $35.
8 d. Churches up to 10,000 square feet: $45.
9 e. Churches over 10,000 square feet: $45 plus $8 for each additional
10 1,000 square feet over 10,000.
11 I (2) Multi-family building (includes hotels, apartments, f +-..-..- Formatted: Justified, Indent: Left:
coopera 1ves, 1"
12 condominiums, and boarding houses renting furnished or unfurnished rooms or
13 apartments).
+-. .. Formatted: Justified, Indent: Left:
14 a. Three to 24 units: $50. 1", First line: OS'
15 b. Twenty-five to 38 units: $75.
16 c. Thirty-nine units to 100 units: $100.
17 d. Each unit over 100 is $10 additional.
...--- Formatted: Justified, Indent: Left:
18 (3) Restaurants, cafes and public eating places: 1"
+--- Formatted: Justified, Indent: Left:
19 a. Seating capacity up to 15: $35. 1 ", First line: OS'
20 b. Seating capacity from 16 to 50: $50.
21 c. Seating capacity from 51 to 100: $100.
22 d. Seating capacity over 100: $200.
...--- Formatted: Justified, Indent: Left:
23 (4) Educational: 1"
+-.- Formatted: Justified, Indent: Left:
24 a. Nursery day care: $35. 1", First line: OS'
25 b. All others: $75.
26 (5) All others not classified above: $50.
27 (6) Businesses or professional individuals sharing one office suite or bay
28 shall be charged only one fire inspection fee.
29 I (7) The fees established in division (c), (d), and (e) shall accrue annually.
Page 3
1 (d) In the event the annual fire and safety inspection fee is not paid, the City may+-.-.-.. Formatted: Justified, Indent: First
2 enforce the non-compliance with this section by sending a notice of violation to the industrial line: 0.5"
3 property owner, commercial property owner, business owner, or owner of the multi-family
4 residential dwelling, and then proceeding to the Code Compliance Board due to the
5 responsible parties failure to pay the annual fire and safety inspection fee.
Waterlhydrant flow test: $300. ......-.{ Formatted: Justified )
6 (e)
7 ill_ _ _ _ _ _ _ J_~l::_@!~_~ _ _ !_~qll!ti!'!R _ _ ~.<?!~ _ _ !h~!'! _ _ ~!'!c~ _ _.(!). _ _ in_sp~ect~~l1_ _ _P.~!_ _ .Y~~!, _ _ _~~~!!l.<l~!,!g_ /. .._.{ Deleted: (e) )
8 reinspections, shall be charged 50% of the original fee but not less than $35.
9 I w _ _ _1'Jgtl1ing _in_ !l1i_s _ ~~_~!~9n _ ~l1~n _ ~~ _ ~l?P'!i_~9. _~<?_g<?Y.'~!-'!!!'!~!'!!~J _ ~nt~t~~.s.._ _ _ m _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ /{ Deleted: (I) 1
10
11
12 Section 3. Should any section or provision of this ordinance or portion hereof, any
13 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
14 such decision shall not affect the remainder of this ordinance.
15 Section 4. Authority is hereby granted to codify said ordinance.
16
17 Section 5. This ordinance shall become effective immediately upon passage.
18
19 FIRST READING this _ day of ,2008.
20
21 SECOND, FINAL READING AND PASSAGE this - day of
22 ,2008.
23
24 CITY OF BOYNTON BEACH, FLORIDA
25
26
27 Mayor - Jerry Taylor
28
29
30 Vice Mayor - Jose Rodriguez
31
32
33 Commissioner - Ronald Weiland
34
35
36 ATTEST: Commissioner - Woodrow L. Hay
37
38
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____m____________
1 Janet Prainito, City Clerk Commissioner - Marlene Ross
2
3 (CORPORATE SEAL)
4
5
6 H:I1990\900182,BBIORDIFire Inspection Fee Recovery Sept 2008 (l),doc
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