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Home My WebLink AboutResolutions - No. 2011-04RESOLUTION NO. 2011-04 A RESOLUTION OF THE CITY OF LODI ESTABLISHING A FEE SCHEDULE FOR ANNUAL PERMITS TO OPERATE WITH REGARD TO FIRE AND LIFE SAFETY INSPECTION SERVICES PROVIDED BY THE CITY OF LODI FIRE DEPARTMENT WHEREAS, the City of Lodi Fire Department is charged with the responsibility of enforcing applicable codes pertaining to fire and life safety and other regulations promulgated by the State Fire Marshal pursuant to California Health and Safety Code Section 13146 and California Fire Code Section 104; and WHEREAS, the City of Lodi incurs costs and expends resources when fire prevention services are of a recurrent nature and the result of discretionary development; and WHEREAS, the City desires to establish a policy to recoverthe cost of providing special services of a voluntary or limited nature, such that general fund monies are not diverted from general services of a broad nature, and thereby utilized to subsidize unfairly and inequitably such special services; and WHEREAS, the City, pursuant to California Health and Safety Code Sections 13146.2(b), 13217(b), and 17951, and California Government Code Sections 6062(a), 6103.7, 66016, 66017, and 66018, and California Fire Code Section 105 is authorized to adopt fees sufficient to pay the cost of providing these services to the general public following proper notice and a public hearing; and WHEREAS, the City Council of the City of Lodi has adopted Ordinance No. 1808, repealing and re-enacting Chapter 15.20 (Fire Code) of the Lodi Municipal Code, which authorizes in Section 15.20.040 the City to establish fees sufficient to recover its costs in administering the Fire Code, subject to adoption of an implementing resolution of the City Council; and WHEREAS, the analysis of fees and service charges set forth in the City of Lodi Fee Study and Master Fee Schedule provide a mechanism for ensuring fees adopted by the City for services rendered do not exceed the reasonable estimated cost of providing the services for which the fees are charged; and WHEREAS, the fees and service charges set forth in the Master Fee Schedule bear a fair and reasonable relationshipto the City's costs in administering the Fire Code; and WHEREAS, adoption of this Resolution is exempt from the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.) because it approves and sets forth a procedure for determining fees for the purpose of meeting certain operating expenses of the City; and WHEREAS, the public hearing required by Government Code Sections 66013- 66018 to adopt new fees for fire code permits and inspectionswas duly noticed and held on November 3,2010. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi does find and resolve as follows: 1 _ The recitals set forth above are true and correct. 2. The fees and service charges set forth in the Operation Permit Fee Schedule (Exhibit A) are hereby implemented. 3. The fees and service charges set forth in the Operational Permit Fee Schedule are to be uniformly applied and collected for services provided by the Lodi Fire Department or its designated contractor(s). Fees and service charges for special services of a voluntary or limited nature shall not exceed the actual cost incurred by the City in providing the special service. 4. Fees and service charges set forth in the Operational Permit Fee Schedule are for each identified service; additional fees and service charges shall be required for each additional service requested or required. 5. The Fire Chief of the City of Lodi is hereby delegated the authority to create administrative, fee -collection, and financial procedures as necessary to implement the Operational Permit Fee Schedule consistent with the policies set forth in this Resolution. 6. The appropriate fee(s) under the Operational Permit Fee Schedule shall be paid at the time of application submittal for: a) permits to operate, b) new development and tenant improvement plan checks/inspections, c) annual fire and life safety inspections. In the event fees are not paid at the time of application submittal or upon request for additional fees, the City shall not be obligated to process, approve, or take further action on permits, plan checks/inspections, fire and life safety inspections, or other services and products listed in the Fee Schedule until such time as the appropriate fees are paid to the City. 7. No permit or approval shall be issued by the City unless applicant's project is in compliance with applicable City and state laws and fees required are paid in full. Payment of fees by applicant shall not be construed as any waiver of the City's right to enforce compliance with fire and life safety standards, statutes, ordinances, or regulations through any means authorized by applicable law. 8. At regular intervals the Fire Chief shall review the Operational Permit Fee Schedule to ensure that fees and service charges continue to bear a fair and reasonable relationship to the City's costs in administering the Fire Code. 9. The Fire Chief shall propose modifications to the Operational Permit Fee Schedule to the City Council in the form of a resolution. In proposing modifications to the Fee Schedule, the Fire Chief shall consider only the standards, criteria, and procedures established by this Resolution and applicable state law. The Fire Chief may also adjust the type of services offered if, in the judgment of the Fire Chief, equity requires such adjustment. 10. Fee adjustments to the Operational Fee Schedule proposed by the Fire Chief may be increased by resolution of the City Council in amounts determined reasonable and necessary when budget and workload analysis supports such increases. 11. The Master Fee Schedule established in this Resolution shall be effective on March 7, 2011, which date is at least sixty (60) days after adoption cf this Resolution. Dated: January 5, 2011 ------------------------------------------------------------------- ------------------------------------------------------------------- hereby certify that Resolution No. 2011-04 was passed and adopted by the City Council of the City of Lodi in a regular meeting held on January 5, 2011, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Katzakian, Mounce, and MayorJohnson NOES: COUNCIL MEMBERS — Nakanishi ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — N JOHL City Clerk 2011-04 (EXHIBITA) OPERATIONAL FIRE PERMITS PERMIT TYPE PERMIT FEE ANNUAL INSPECTION. FEE Above/Below Ground Fuel Storage Tank Installation $135 $1351Tank Above/Below Ground Fuel Tank Removal $135 $1351Tank Aerosol Products $135 $135 Amusement Buildings $135 $135 Aviation Facilities $135 $135 Carnivals & Fairs $135 NA Cellulose Nitrate Film $135 $135 Christmas Tree Lots $135 NA Combustible Dust -Producing Operations $135 $135 Combustible Fibers $135 $135 Compressed Gases $135 $135 Covered Mall Buildings $135 $135 Cryogenic Fluids $135 $135 Cutting & Welding $135 $135 Dry Cleaning Plants $135 $135 Exhibits and Trade Shows $135 $135 Explosives $135 $135 Fire Hydrants & Valves -$135 $135 Flammable & Combustible Liquids $135 $000 Floor Finishing $135 NA Fruit and Crop Ripening $135 $135 Haunted Houses $135 NA Hazardous Materials $135 $135 Hazardous Production Material Facilities $135 $135 High -Piled Storage $135 $135 Hot Work Operations $135 $135 Industrial Ovens $135 $135 Lumber Yards and Woodworking Plants $135 $135 Liquid -or -Gas -Fueled Veh. or Equip. in Assembly Bldgs. $135 $135 LP -Gas $135 $135 Magnesium $135 $135 Miscellaneous Combustible Storage $135 $135 Opening Burning NA NA Open Candles, Flames, and Torches $25 NA Organic Coatings $135 $135 Places of Assembly $135 $135 Private Fire Hydrants $135 $135 rotechnictS ecial Effects Displays $135 $135 Pyroxylin Plastics $135 $135 Refrigeration Equipment $135 $135 Repair Garages and Motor Fuel -Dispensing Facilities $135 $135 Rooftop Heliports $135 $135 Special Events $135 NA Spraying or Dipping $135 $135 Storage of Scrap Tires and Tire Byproducts; $135 $135 Temporary Membrane Structures, Tents and Canopies $135 $135 Tire -Rebuilding Plants $135 $135 Waste Handling Facilities $135 $135 Wood Products $135 $135