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HomeMy WebLinkAbout08065ORDINANCE NO. 8065 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE III OF THE PUEBLO MUNICIPAL CODE RELATING TO THE FIRE PREVENTION CODE, MODIFYING THE 2003 INTERNATIONAL FIRE CODE, AS ADOPTED AND AMENDED, AND ESTABLISHING PERMIT FEES FOR REQUIRED OPERATIONAL AND CONSTRUCTION PERMITS THEREUNDER BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1 Chapter 2 of Title III of the Pueblo Municipal Code, as amended, is amended by the addition of a new section 3 -2 -34 thereto. to read as follows: Sec. 3 -2 -34. Permit fees for operational and construction permits required by International Fire Code. L;napter, is amenaea py amenaing supsection iuo.z tnereot an new subsections 105.2.5 and 105.2.6 thereto. to read as follows: 105.2 Application. Application for a permit required by this code shall be made to the fire code official in such form and detail as prescribed by the fire code official. Applications for permits shall be accompanied by such plans as prescribed by the fire code official and payment of the applicable permit fee [subsections 105.2.1 through 105.2.4 remain unchanged] 105.2.5 Permit fees. The fees for operational permits, construction permits, and all other services or activities performed provided otherwise in this fire prevention code or Title III of the Pueblo Municipal Code, no fee or charge shall be prorated or refunded. 105.2.6 Plan review and inspection fees. Whenever an application for any building permit pursuant to the International or any inspection or reinspection by the fire code official, the applicant shall be required to pay a plan review and/or inspection fee to the City. Plan review and inspection fees shall be as established in the permit fee resolution adopted by the City Council. SECTION 2. This Ordinance shall become effective upon final passage and approval. A77TSTDD SY: CITY CLERK INTRODUCED: August 24, 2009 BY: Judy Weaver COUNCILPERSON APPR D' } �, PRESIDENTaf Cfty Council PASSED AND APPROVED: September 14, 2009 Background Paper for Proposed ORDINANCE AGENDA ITEM # S-4 DATE: August 24, 2009 DEPARTMENT: Law Department and Fire Department TITLE AN ORDINANCE AMENDING CHAPTER 2 OF TITLE III OF THE PUEBLO MUNICIPAL CODE RELATING TO THE FIRE PREVENTION CODE, MODIFYING THE 2003 INTERNATIONAL FIRE CODE, AS ADOPTED AND AMENDED, AND ESTABLISHING PERMIT FEES FOR REQUIRED OPERATIONAL AND CONSTRUCTION PERMITS THEREUNDER ISSUE Should the International Fire Code ( "Fire Code ") as adopted and amended by the City, be amended to specify the procedure for the setting of fees by City Council for operational permits, construction permits and certain other services performed by the Fire Department under the Fire Code? RECOMMENDATION In order to implement fees under the Fire Code, it is necessary to adopt the Ordinance. . ilm xel nell] ki I f The Fire Code requires permits to be obtained from the Fire Department for a variety of activities or operations and new construction for which increased fire or explosion risks may be present. While the Code recognizes that permits fees may be required for such permits, it does not set the amount of the fees nor set forth the manner in which the fees are set. Unlike Regional Building Department, the Pueblo Fire Department has, in the past, performed the actions required of it with respect to permits under the Fire Code without charging fees. In that respect, the City is subsidizing the permitted activities rather than having them bear the cost of permit inspections and fire department review activities required under the Fire Code. This Ordinance does not impose or set permit fees under the Fire Code, but rather, amends the Fire Code to provide that permit fees shall be established by Resolution adopted by the City Council. This approach to permit fees is essentially the same as under the building codes. FINANCIAL IMPACT The City currently subsidizes activities requiring permits under the Fire Code by performing necessary Fire Department services without charge. The Ordinance would have no direct financial effect until and unless Council adopts a separate resolution setting the permit fees. After adoption of a fee schedule by Resolution, the fees will increase City revenues and decrease the subsidy provided to permitted activities under the Fire Code.