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Legislation #: 031388 Introduction Date: 12/18/2003
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER HERMANN
Title: Amending the Fire Prevention and Protection Code, Chapter 26, Code of Ordinances by repealing Section 26-105, and enacting in lieu thereof one new section of like number and subject matter, pertaining to Certificate of Compliance fees.

Legislation History
DateMinutesDescription
12/18/2003

Prepare to Introduce

12/18/2003

Referred Neighborhood Development and Housing Committee

1/7/2004

Hold On Agenda

1/14/2004

Hold On Agenda

1/21/2004

Hold On Agenda

1/28/2004

Hold On Agenda

2/11/2004

Hold On Agenda

2/25/2004

Hold On Agenda

3/3/2004

Hold On Agenda

3/10/2004

Hold On Agenda

3/24/2004

Advance and Do Pass

3/25/2004

Passed


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ORDINANCE NO. 031388

 

Amending the Fire Prevention and Protection Code, Chapter 26, Code of Ordinances by repealing Section 26-105, and enacting in lieu thereof one new section of like number and subject matter, pertaining to Certificate of Compliance fees.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 26, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 26-105 and enacting in lieu thereof one new section of like number and subject matter, pertaining to Certificate of Compliance Fees in the Fire Prevention and Protection Code, to read as follows:

 

Sec. 26-105. Permits.

Sec. 26-105 Sections 105.1, 105.2, 105.3.3 and 105.4 of the 2000 International Fire Code are deleted.

Sec. 26-105.1.1. Fees for permits; Inspection required.

(1) Before a permit is issued, the Chief shall inspect and approve the receptacles, vehicles, building, devices, premises, storage spaces, or area to be used. In instances where laws or regulations are enforceable by departments other than the Fire Department, joint approval shall be obtained from all such concerned departments.

(2) The Fire Prevention Division of the Fire Department shall charge an annual fee for initial and additional inspection permits, certificates of compliance, reinspections, and emergency and walkthrough inspections pursuant to the following:

a. Multi-family residential inspections:

 

i. The fee charged for any inspection necessary for the issuance of a certificate of compliance for multi-family residential inspections shall be determined by combining the linear footage fee amount plus the square footage fee amount derived from the following two subparagraphs:

 

aa. The linear footage fee amount shall be the total amount of footage for all exit ways multiplied by the linear footage rate. The linear footage rate shall be twenty cents ($0.20) per footage; and,

 

bb. The square footage fee amount shall be determined by applying the business inspection square footage table found


in paragraph v of subdivision b of this subsection below to the total amount of square footage of all common areas. The term common areas shall include, but not be limited to, any offices, maintenance shops or places of assembly.

 

ii. The inspection fee charged for a certificate of compliance for multi-family residential inspections shall not be in excess of one hundred dollars ($100.00) per building or, when several buildings are in a single residential complex under a single management, per complex.

 

iii. When a re-inspection is necessary, for the issuance of a certificate of compliance for multi-family residential inspections, following the first unsatisfactory inspection, the inspection fee charged for this first re-inspection shall be waived and not billed if such first re-inspection is satisfactory; and, therefore, only the inspection fee for the first unsatisfactory inspection shall be due and owing. However, the inspection fee for the first re-inspection shall not be waived and shall be billed if such first re-inspection is unsatisfactory and a second re-inspection is necessary.

 

iv. When a second re-inspection is necessary, for the issuance of a certificate of compliance for multi-family residential inspections, the inspection fee for such second re-inspection shall be due and owing in addition to the inspection fees for the first unsatisfactory inspection and the first unsatisfactory re-inspection. When a second re-inspection is unsatisfactory, the Chief may proceed with the issuance of citations for any violations of this Code determined as a result of such second re-inspection.

 

b. For inspections of businesses:

 

i. The fee charged for any inspection necessary for the issuance of a certificate of compliance for business inspections shall be determined by the gross square footage of such business using the table found in paragraph v of this subdivision below.

 

ii. The inspection fee charged for a certificate of compliance for business inspections shall not be in excess of one hundred dollars ($100.00).

 

iii. When a re-inspection is necessary, for the issuance of a certificate of compliance for business inspections, following the first unsatisfactory inspection, the inspection fee charged for this first re-inspection shall be waived and not billed if such first re-inspection is satisfactory; and, therefore, only the inspection fee for the first unsatisfactory inspection shall be due and owing. However, the inspection fee for the first re-inspection shall not be waived and shall be billed if such first re-inspection is unsatisfactory and a second re-inspection is necessary.

iv. When a second re-inspection is necessary, for the issuance of a certificate of compliance for business inspections, the inspection fee for such second re-inspection shall be due and owing in addition to the inspection fees for the first unsatisfactory inspection and the first unsatisfactory re-inspection. When a second re-inspection is unsatisfactory, the Chief may proceed with the issuance of citations for any violations of this Code determined as a result of such second re-inspection.

 

v. Total Gross Square Feet Inspection Fee

 

Up to 999 $ 20.00

1,000 to 2,499 30.00

2,500 to 7,999 50.00

8,000 to 11,999 60.00

12,000 to 49,999 80.00

50,000 and up 100.00

 

c. For initial fire permits . . . $70.00

 

d. For additional fire permits . . . 45.00

 

e. For re-inspections of noted violations to assure compliance . . . 70.00

 

f. For nonscheduled high priority inspections or requested walk through inspections . . . 70.00

 

g. For blasting permits . . . 70.00

 

h. For burning permits . . . 70.00

 

i. For fireworks or pyrotechnic display permits . . . 70.00

 

j. For fire hydrant use permits . . . 70.00

 

Sec. 26-105.1.2. Annual fire inspection certificate of compliance.

 

There shall be a certificate of compliance issued for all annual fire inspections. Such certificate of compliance shall only be issued following an inspection by the Fire Prevention Division.

Sec.26-105.3.1. Expiration of Permit.

 

A permit shall continue until revoked or expired at the end of a one year period or less. Permit shall not be transferable and any change in use of, occupancy, ownership, operations, shall require a new permit.

 

__________________________________________________________________

 

Approved as to form and legality:

 

 

_______________________________

Alan H. Holtkamp

Assistant City Attorney