2009-15 Annual Fire Inspection & Plan Review FeesORDINANCE 2009-15
• AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, RELATING TO THE COLLECTION OF
ANNUAL FIRE INSPECTION AND PLAN REVIEW FEES; AMENDING
ARTICLE II, "FLORIDA FIRE PREVENTION CODE," OF CHAPTER 12,
"FIRE PREVENTION AND PROTECTION," OF THE VILLAGE CODE OF
ORDINANCES BY AMENDING SECTION 12-16, "ADOPTED BY
REFERENCE," TO REFLECT THE CURRENT EDITION OF THE FLORIDA
FIRE PREVENTION CODE; AMENDING SECTION 12-17, "FIRE
INSPECTION FEE SCHEDULE," TO PROVIDE FOR THE ADOPTION OF
FEES BY RESOLUTION AND TO PROVIDE A MECHANISM FOR THE
COLLECTION OF FEES FOR BUILDINGS MANAGED BY A
CONDOMINIUM OR COMMUNITY ASSOCIATION; CREATING A NEW
SECTION 12-18, "REVIEW OF CONSTRUCTION PLANS AND FIRE
SUPPRESSION, DETECTION, AND ALARM SYSTEMS AND
ESTABLISHMENT OF A FEE SCHEDULE," TO PROVIDE FOR PLAN
REVIEW TO ENSURE COMPLIANCE WITH THE FIRE PREVENTION CODE
AND PROVIDE FOR THE ADOPTION OF REVIEW FEES; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Code currently provides for the collection of annual fire inspection fees
for new and existing commercial and multi-family buildings within the Village in conjunction
with the payment of the annual business tax; and
WHEREAS, the annual fire fee is applicable to all multi-family "apartment" buildings; however,
the Village Code does not provide a mechanism to collect the fee where the property is managed
by a condominium or community association and no business tax receipt is required; and
WHEREAS, the Village Council wishes to establish a mechanism for the collection of fees for
apartment buildings owned or managed by condominium or community associations and to
establish additional fees for construction plan review and inspection fees for fire suppression
systems, new construction and commercial renovations; and
WHEREAS, the Village Council further wishes to remove the fee schedule from the Code of
Ordinances to allow for the adoption of fee schedules by resolution of the Village Council and to
amend the Code to reflect the current edition of the Florida Fire Prevention Code; and
WHEREAS, the Village Council determines that adoption of this Ordinance is in the best
interests of the health, safety and welfare of the Village and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
• Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
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Section 2. The Village Council hereby amends Article II, "Florida Fire Prevention Code," of
Chapter 12, "Fire Prevention and Protection," of the Village Code of Ordinances to read as
• follows (additional language is underlined and deleted language is s~lo~):
ARTICLE II. FLORIDA FIRE PREVENTION CODE
Sec. 12-16. Adopted by reference.
Under the authority of Florida Statutes, Section 633.0215 and 633.025, the
"Florida Fire Prevention Code" adopted by the State Fire Mazshal in Rule Chapter
4A-60 of the Florida Administrative Code, including NFPA 1 Fire Prevention
Code (~88A 2007 edition) and NFPA 101 Life Safety Code (~A89 2007 edition),
both as modified by Rule Chapter 4A-60 of the Florida Administrative Code, is
herein adopted by reference as the minimum fire code for the village. There has
been for at least ten (10) days last past and shall be during the time that this code
is in effect, two (2) copies available for public use, inspection, and examination.
Sec. 12-17. Annual Fire inspection and establishment of fee schedule.
(a) Effective October 1, 2006, all commercial and multi-family
buildings and structures shall be subject to an annual fire safety inspection. For
the purposes of this section, amulti-family building or structure is defined as any
building or structure with three or more units where access to the units is
accomplished through use of common hallways or walkways. The annual fire
inspection fee and all re-inspection and late fees shall be collected in accordance
with the fee schedule established by resolution of the village council.
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(E ~ The effective date for collection of fire inspection fees is October 1, 2006,
and on an annual basis thereafter and is to be made a part of the business tax and
paid therewith. For multi-family buildings or structures governed by a condominium
or other community association for which no business tax is due and payable, the
annual fire inspection fee shall be paid b~October 1St of each year. Failure to
remit the annual inspection fee and any late fees shall subject the association to
code enforcement proceedings in accordance with chapter 2 of the Village Code.
Sec. 12-18. Review of construction plans and fire suppression, detection
and alarm systems and establishment of fee schedule.
~a) All construction, reconstruction or renovation plans and all fire
suppression, smoke detection and fire alarm systems reauirinu review by the fire
rescue division shall be submitted to the division for review to ensure compliance
with all applicable requirements of this article. As required by the provisions of
• this article, the fire rescue division shall inspect all new structures to ensure that
all requirements have been met prior to the issuance of a certificate of occupancy.
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The inspection and re-inspection fees for reviews required by this
section shall be collected in accordance with the fee schedule established by
• resolution of the village council and shall be paid prior to the issuance of a
certificate of occupancy.
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of
the Village ofNorth Palm Beach, Florida.
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this Ordinance.
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 10th DAY OF SEPTEMBER 2009.
PLACED ON SECOND, FINAL READING AND PASSED
(Village Seal}
ATTEST:
~-
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
_~-~
VILLAGE ATTORNEY
•
2009.
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