Fire safety permit required; issuance; fees; annual renewal; revocation and penalties; use of fees

(a)

Permit required. No person shall operate, utilize or occupy any facility, instrumentality or real property, or any part thereof, or cause, allow, let, or permit to be operated, utilized, or occupied any facility, instrumentality or real property, or any part thereof, or undertake any activity or cause to be undertaken any activity which requires a fire safety permit without obtaining such a valid fire safety permit. Fire safety permits shall be kept at the building or on the premises, and shall be subject to inspection by any representative of the department of fire-rescue. Fire safety permits shall not be transferable, and any change in use, or occupancy of the facility, instrumentality or real property, or any part thereof or premises shall require the issuance of a new fire safety permit. All applications for fire safety permits shall set forth in detail the full name and address of the applicant, and such other information as may be required by the department of fire-rescue, and the required fee. All applications for fire safety permits will be reviewed by the fire marshal's office. If an application for a fire safety permit is rejected, the applicant shall be advised of the reasons for such rejection. Fire safety permits shall be issued by the fire marshal's office, and shall bear the name and signature of the fire marshal or his/her designated representative. Fire safety permits shall contain the following information:

(1)

Address of the building or premises and/or part thereof for which the fire safety permit is issued and name, address, and telephone number of the permittee.

(2)

Address or location and telephone number where the operation or activity requiring the issuance of a fire safety permit is to be conducted and name, address, and telephone number of the permittee.

(3)

Fire safety permit number and date of issuance.

(4)

Period of validity of the fire safety permit.

(5)

Such special conditions as are necessary to protect life and property.

(b)

Fire safety permits issued for occupancy of buildings or premises or part thereof.

(1)

Persons holding certificates of use. Within 30 days of the effective date of this ordinance the city shall mail an invoice requiring the payment of the fire safety permit fee, in accordance with the fee schedule set forth in this subsection, to all persons holding a certificate of use issued by the city's building and zoning department. Upon payment of the required fee the department of fire-rescue shall issue the fire safety permit.

(2)

Persons applying for certificates of use. All persons applying for a certificate of use shall concurrently with such application make an application for a fire safety permit to the department of fire-rescue. The fire safety permit shall not be issued until the building, or premises, or part thereof have been inspected and the use thereof is found to comply with the Florida Fire Prevention Code, county fire prevention ordinances and this chapter.

The fees for the issuance of the fire safety permit for occupancy of buildings, or premises or part thereof, and the issuance of the annual renewal certificate, are herein fixed as follows:

(1)

Place of assembly (including but not limited to theaters, restaurants, bars, lounges, stores, terraces, viewing towers, etc.).

Occupant load

50 to 99 .....$95.00

100 to 300 .....125.00

301 to 1000 .....158.00

1001 to 10,000 .....315.00

Over 10,000 .....442.00

(2)

Residential (apartments and condominiums):

Buildings less than 75 feet (3—50 dwelling units): $79.00.

Buildings less than 75 feet (more than 50 dwelling units): $131.00 plus $1.30 per unit over 50 units, maximum fee $525.00.

Buildings 75 feet and over but less than 275 feet: $131.00 plus $1.30 per unit maximum fee $525.00.

Buildings 275 feet and over: $131.00 plus $1.30 per unit over 50, maximum fee $525.00.

(3)

Hotel, motel, rooming house, etc.:

Buildings less than 75 feet (3—50 rental sleeping units): $125.00.

Buildings less than 75 feet (more than 50 rental sleeping units): $125.00 plus $1.25 per unit above 50.

Buildings 75 feet and over but less than 275 feet: $125.00 plus $1.25 per unit above 50.

Buildings 275 feet and over: $125.00 plus $1.25 per unit above 50.

(4)

Retail sales:

All square footage .....$150.00

(5)

Wholesale and storage use: .....

Not exceeding 3,000 square feet .....$53.00

3001 to 5000 sq/ft .....79.00

5001 to 10,000 sq/ft .....105.00

10,001 to 25,000 sq/ft .....158.00

25,001 to 50,000 sq/ft .....210.00

50,001 to 100,000 sq/ft .....263.00

Over 100,000 sq/ft .....315.00

Common areas .....68.00

(6)

Office buildings: .....

Not exceeding 3,000 square feet (under 75 feet) .....$53.00

3,001 to 5,000 sq/ft .....65.00

5,001 to 10,000 sq/ft .....105.00

10,001 to 50,000 sq/ft .....131.00

50,001 to 100,000 sq/ft .....184.00

100,001 to 150,000 sq/ft .....231.00

150,001 to 200, 000 sq/ft .....289.00

Over 200,000 sq/ft .....341.00

Common areas up to two floors .....50.00

Each additional floor .....25.00

(7)

Manufacturing: .....

0 to 1,000 sq/ft .....$65.00

1,001 to 5,000 sq/ft .....95.00

5001 to 10,000 sq/ft .....131.00

10,001 to 50,000 sq/ft .....200.00

50,001 to 200,000 sq/ft .....263.00

Over 200,000 sq/ft .....331.00

(8)

Parking structures. .....

0 to 3,000 sq/ft .....$53.00

3001 to 5000 sq/ft .....79.00

5001 to 10,000 sq/ft .....105.00

10,001 to 25,000 sq/ft .....158.00

25,001 to 50,000 sq/ft .....210.00

50,001 to 100,000 sq/ft .....263.00

Over 100,000 sq/ft .....315.00

Common areas .....68.00

(9)

Amusement parks, dog tracks, and front ons, including all retail outlets located at the principal building structure:

50 to 99 persons .....$105.00

100 to 300 persons .....125.00

301 to 1,000 persons .....158.00

1,001 to 10,000 persons .....315.00

Over 10,000 persons .....442.00

(10)

Arenas, bowling lanes, dance halls, banquet facilities .....$210.00

(11)

Hospitals and nursing homes:

Hospitals not exceeding 100 beds: $500.00, each additional bed $1.25, maximum total $1,000.00.

Nursing homes not exceeding 100 beds: $210.00, each additional bed $1.30, maximum total $ 924.00

(12)

Community-based residential facilities (ALF):

1 to 16 beds .....$105.00

Over 16 beds .....131.00

Each additional client over 16 .....1.30

(13)

Private schools (grades pre-k-12 or any combination thereof), day care centers, and nursery schools: $68.00, plus $1.30 per student, maximum total $698.00.

(14)

Marinas:

25 or less boatslips .....$125.00

Additional per slip over 25 .....1.25

(15)

Hi-rise buildings (shell): .....

Buildings 75 feet and over but less than 275 feet .....$105.00

Buildings 275 feet and over .....315.00

(16)

Miscellaneous. All uses not previously covered by this section shall be assessed the fee provided under "retail sales."

(17)

Welding or cutting (exception: job sites) .....$158.00

(18)

All other uses not listed .....$250.00

(c)

Fire safety permits issued for activities as set forth in this subsection (c). Application for a fire safety permit shall be made to the department of fire-rescue by all persons who are not required to hold a certificate of use who are utilizing, or occupying any facility, instrumentality or real property or any part thereof, or undertaking any activity or causing to be undertaken any activity which requires a fire safety permit as provided below. All applications for fire safety permits shall set forth in detail the full name and address of the applicant and such other information as may be required by the department of fire-rescue and the required fee. The fees for the issuance of the fire safety permit for the operations and activities set forth below, and the issuance of the annual renewal certificate, if applicable, are herein fixed as follows:

(1)

Turbine fire wells .....$250.00

(2)

Hydrant use test, construction meters. Pest control, lawn spraying, etc. (fees are annual per meter) .....$175.00

(3)

Tents (circus, carnival, etc.) having an area in excess of 1,200 square feet, each use .....$65.00

50 to 300 persons .....95.00

301 to 1,000 persons .....125.00

All other uses over 400 sq/ft or any size tent using hazardous materials processes or open flames .....65.00

(4)

Sparkler sales. Sale of sparklers requires submittal of inventory and site plan (fees are annual) .....$125.00

(5)

Open burning permits .....$95.00

(6)

Liquefied petroleum gas. Each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of over 2,000 gallons outside of a building (fees are annual) .....$158.00

(7)

Tank removal fee .....$105.00

(8)

Drilling of groundwater monitor or compliance wells at all existing or abandoned underground flammable liquid storage sales .....$105.00

(d)

Annual renewal. All buildings and premises or part thereof shall be inspected from time to time to insure compliance with the provisions of all applicable fire codes, county fire prevention ordinances, regulations, and this chapter. Invoices for the issuance of the annual fire safety permit renewal certificate will be billed during the year. Upon payment of the fee, the annual fire safety permit renewal certificates will be issued by the department of fire-rescue. The owner of the building or the premises or part thereof, and/or the permit holder shall be notified of any deficiencies noted, and appropriate reinspection may be made to determine whether or not the deficiencies have been corrected. When a reinspection is required due to continuing life safety violations after the second inspection by the department of fire-rescue, there shall be charged a reinspection fee of $53.00.

(e)

Revocation, penalties. The fire marshal may revoke the fire safety permit, if upon inspection, any violation of any applicable fire code, county fire prevention ordinances, or this chapter is found, and not corrected within a reasonable amount of time. Revocation shall be effective when the owner of the building or premises or part thereof, and/or the permit holder is duly notified by the fire marshal. Any person who uses any building or premises or part thereof, or who allows any building or premises or part thereof to be utilized after the fire safety permit has been revoked shall be in violation of this chapter and shall be subject to civil and/or criminal penalties in accordance with the provisions of sections 19-16 through 19-20 of this chapter and sections 2-239 and 2-409 of article X of this code.

(f)

Use of fire safety permit fee funds. The fire safety permit fees payable hereunder shall be deposited in a separate city fund to be used exclusively by the department of fire-rescue to pay for the costs of the following:

(1)

Investigation, preparation, and prosecution of civil and criminal actions, pursuant to this chapter, county ordinances or the Florida Fire Prevention Code, to enforce the provisions of this chapter, county fire prevention ordinances, the Florida Fire Prevention Code, or the rules and regulations of the state fire marshal, as all of same may be amended from time to time.

(2)

Monitoring, permitting, and inspection of facilities, instrumentalities, and real property to determine and seek to insure compliance with this chapter, county fire prevention ordinances, the Florida Fire Prevention Code, or the rules and regulations of the state fire marshal, as all of the same may be amended from time to time.

(3)

Responding to and attempting to resolve citizen complaints against violations or possible violations of this chapter, county fire prevention ordinances, the Florida Fire Prevention Code, or the rules and regulations of the state fire marshal, as all of the same may be amended from time to time.

(4)

Fire safety and prevention planning, protection, and programming.

(Ord. No. 11434, § 3, 1-16-97; Ord. No. 13108, § 4, 10-8-09; Ord. No. 13201, § 2, 9-27-10)