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Legislation #: 040717 Introduction Date: 6/24/2004
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending the Fire Prevention and Protection Code, Chapter 26, Code of Ordinances by repealing Section 26-105.1.1 and Section 26-105.1.2 and enacting in lieu thereof two new sections of like number and subject matter pertaining to certificate of compliance fees.

Legislation History
DateMinutesDescription
6/24/2004

Prepare to Introduce

6/24/2004

Referred Neighborhood Development and Housing Committee

6/30/2004

Hold On Agenda

7/14/2004

Hold On Agenda

7/28/2004

Hold On Agenda

8/11/2004

Hold On Agenda

8/18/2004

Hold Off Agenda

2/9/2005 Hold Off Agenda
7/13/2005 Hold Off Agenda
1/18/2006 Released

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ORDINANCE NO. 040717

 

Amending the Fire Prevention and Protection Code, Chapter 26, Code of Ordinances by repealing Section 26-105.1.1 and Section 26-105.1.2 and enacting in lieu thereof two new sections 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 26-105.1.1 and Section 26-105.1.2 and enacting in lieu thereof two new Sections of like number and subject matter pertaining to certificate of compliance fees in the Fire Prevention and Protection Code, to read as follows:

 

Sec. 26-105.1.1. 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 and non-residential buildings which are occupied and designed for office use for at least 90% of leaseable space:

i. No fee will be charged for an inspection nor a certificate of compliance issued for multi-family residential buildings or for non-residential buildings which are used or designed for office use for at least 90% of leaseable space.

 

ii. Inspections may be made of such buildings and, if such inspections result in a determination by the inspectors of a violation of the Fire Code, appropriate action will be taken by the inspector including issuance of a general ordinance summons. Following the issuance of any such general ordinance summons, the building may be re-inspected allowing a reasonable time to abate the alleged violation. If the re-inspection reveals that the violation of the Fire Code has not been abated or a new condition is found, a general ordinance summons may be issued.

 

iii. The owner or general agent of multi-family residential buildings and non-residential buildings which are occupied and designed for office use for at least 90% of leaseable space wherein a violation of the Fire Code is found to exist shall, upon conviction for such violation, be guilty of an ordinance violation, punishable by a fine of nor less than $25.00 and not more than $500.00, as provided in this Chapter, for each and every day such violation continues to exist.

b. For inspections of non-residential commercial buildings except those occupied and designed for office use for at least 90% of leaseable space:


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 other than those inspections and buildings subject to the provisions of Section 26-105.1.1(2). Such certificate of compliance shall only be issued following an inspection by the Fire Prevention Division.

 

____________________________________________________

 

Approved as to form and legality:

 

 

_______________________________

Alan L. Holtkamp

Assistant City Attorney