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02-988�. . �; Council File # Green Sheet # ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented By: Referred To: Committee: Date , An ordinance amending Saint Paul Legislative Code Chapter 33 entitied "Building Code and Inspection" z by amending Section 33.05 pertaining to the fees charged for the inspection and renewal of Certificates a of Occupancy by the Fire Marshal. a THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. s ia „ ,2 The Saint Paul Legislative Code Section 33.05 is amended to read as follows: Sec. 33.05. Certificate of occupancy. ,s (A) Use or Occupancy: No building or structure in Group A(Assembly), B(Business), M(Mercantile), ,a E(Education), F(Factory), I(Institutional), H(Hazardous), R-1 (Multifamily Residentiai), nuisance ,s dwelling as defined in, and to the extent and for the periods required, in Cnapter 42 of the Legislative 76 Code, or S(Storage) occupancies shall be used or occupied, and no change in the existing occupancy ,� classification of a building or structure or portion thereof shall be made, until the fire marshal has issued ,s a certificate of occupancy therefore as provided herein, except for dwelling units occupied by an owner. ,s The word "owner" means a natural person, and does not include a corporation, partnership or other zo entity. z� zz (B) Change in Use: Changes in the character or use of a building shall not be made without the approval za of the building officia4 and the fire marshal, and the building may be occupied for purposes in other za groups provided the new or proposed use is less hazardous, based on life and fire risk, than the existing � use. zs 2� (C) Certificate Issued: After final inspection by the building officiai, when it is found that the bui{ding or zs structure complies with the provisions of this Code, the fire marshal shall issue a certificate of occupancy. 29 ao (D) Existing Buildings: Every building except one- and two-family dweliings which are not nuisance s, dwellings as defined in, and for the periods required by, Chapter 42 of the Legislative Code and az residential garages heretofore erected shall have a certificate of occupancy issued by the division of fire 33 prevention and posted on the premises. Before such a certificate can be issued, such buildings shall be sa inspected by the division and found to conform to the requirements of the building code at the time of ss construction or at the time of conversion to its present use and to the provisions of the Saint Paul ss 4egislative Code; except that energy efficient standards in rental dweilings and multiple dwellings shall be s� enforced on complaint basis only. No building which is required to have a certificate of occupancy shall ss continue to be occupied without such certificate. 39 ao (E) Renewal Required: An inspection shall be scheduled by the division of all buiidings of Group 4, A(Assembly), E(Education), I(Institutional), H(Hazardous), and B(Business), M(Mercantile), S az (Storage), F(Factory), and R(Residential) occupancies which have a certificate of occupancy. 43 Inspections shall be scheduled by the division on a iwo-year cycle for all buildings of R-1 occupancy a4 which have a certificate of occupancy. Inspections shall be scheduled on a one-year cycle for all 45 nu+sance dwellings as defined in, and during the periods required by, Chapter 42 of the Legislative Code. 4s If it is found that such buildings do not conform to the applicable requirements, the certificate of 4� occupancy may be revoked and the building shall not be occupied until such time as the building is again 48 brought into compliance with such requirements. as so (1) Reserved. ��� 1' . 1 � �.2 - �IPY 113962 a� � .� � Presented By: Referred To: 5I 52 53 � ss 5s 57 58 ss 60 s, 62 63 �a � Council File # Green Sheet # ORDINANCE CITY OF SAINT PAUL, MINNESOTA Committee: Date Oa qdt 113962 (Z) Nonresidential renewal schedule. The fire marshal shall establish written guidelines for the renewal of nonresidential occupancies based on the hazard of the occupancy. (a) The fire marshal shali provide an annual written report of nonresidentiai inspections that includes group, property address, and inspection schedule to the city council. (b) Revocations or condemnations. Where the certificate of occupancy has been revoked, or the building has been condemned, once the certificate of occupancy is restored it shall be scheduled for renewal in one year. (F) Fees for Certificate of Occupancy: (1) Original issue, new buildings. There shall be no fee charged for an issuance of the certificate of occupancy for new buildings at the completion of their construction covered by a building permit. 66 (2) Renewal fee forR-1 occupancies. . Eleven dollars ($11.00) per residentiai unit, e� minimum fee . one hundred twentv five ($125.00), maximum fee +'��°^��6� ea ^�•�^�r,}���0,'-�88� four hundred sixtv three ($463.00). The fee charged for inspections of nuisance ss dwellings as defined in section 42.01(2) of the Legislative Code shall be in an amount as established by �o the fire marshal to recover the costs of the inspections. �, �z (3) Renewal fee forA (Assemb/y), E(Education), I(Institutional), H(Hazardous), F(Factory), M �a (Mercantile), S(Storage) and 8(Business) occupancies. . Nine dollars ($9.00) per �a one thousand (1,000) square feet, minimum fee . one hundred twentv five ($125.00), ,5 maximum fee `"~°° �„^�'•^^' °°. ^^` four hundred sixtv three ($463.00). �s » (4) Reinspection fee. The renewal fee estabiished in subsections (2) and (3) above allows for one (1) �a inspection and one (1) reinspection for the renewal of the certificate of occupancy. A reinspection fee of �s fifty (50) percent of the renewal fee shall be levied for each additional reinspection required of ao nonconforming occupancies. s, ez (5) Referral reinspection fee. W henever a written correction order is issued to the owner or responsible as agent of the owner for a violation of this code and after a reasonable time for compliance has elapsed, a aa reinspection shall be made. If the violation has not been corrected at the time of the reinspection, a s5 referral reinspection fee of fifty dollars ($50.00) shall be collected for every subsequent reinspection until $s the violation is corrected. s� ss (6) Parfial certificate of occupancy fee. Notwithstanding subsection (1) of this paragraph (F), a fee of one ae hundred doliars ($100.00) will be charged for each partial certificate of occupancy requested. The so issuance of a partial certificate of occupancy is at the discretion of the building ofEiciaf and the portion of s, the building covered by the certificate must be legally completed and ready to occupy along with all other ez life and safety requirements. 93 s4 (7) No entry fee. A no entry fee of fifty dollars ($50.00) shall be assessed to the renewal fee and se coliected whenever an owner or responsible agent of the owner has been notified in writing of the date ss and time for a certificate of occupancy renewal inspection, or any other reinspection, and the owner or 9� responsible agent of the owner fails to notify the fire marshal's office in writing, by at least 8:00 a.m. on ss the date of the scheduled inspection, of an alternate date and time for the inspection or reinspection ss when the owner or responsible agent of the owner will appear for the inspection. ` - t Presented By: Referred To: ,00 ,o, ,oz i� ,oa ,os ,os ,o� ,oa 109 „o ,,, nz 713 114 ns „s „� „s „s 720 ,z, Council File # Green Sheet # ORDINANCE CITY OF SAINT PAUL, MINNESOTA Committee: Date a� -1�'Y 113962 (8) Discounted fee. W henever a certificate of occupancy renewai inspection finds no violations of any applicabie code, the renewal fees set forth in subsections (2) and (3) of this paragraph shall be discounted twenty-five (25) percent. (9) Late fees. A late fee shali be charged and collected whenever the owner or responsible agent for the owner makes application for certificate renewal after the expiration date of such certificate. Separate late fees shall also be charged and collected whenever the owner or responsible agent for the owner pays late any other fees due and payable under this section. All late fees shaii be ten (10) percent of the certificate renewal fee. A late fee shall accrue for each thirty-day period or portion thereof which has elapsed after the expiration date of the certificate or the date of inspection on which the underlying fee is based. In no event shall any one (1) late fee exceed fifty (50) percent of the certificate renewal fee. The late fee(s) shali be in addition to any other fee or payment required. (G) Exceptions: The fees for the certificate of occupancy and inspection are provided in section 33.04(H)(4)(c) and paragraph (F) of this section shall be required on buildings owned and occupied by any governmental agency, including county and state governmentai agencies. The City of Saint Paui, and any other agencies specifically exempted from such fees under state law, shall be exempt from payment of such fees. Section 2. These amendments shall become effective thirty (30) days after passage, approval and pubiication. � Requested by Department of: Fire & Safety Services By:��`�'� Approval Recommended by Director of Financial Services: � Adopted by Council: Date �� .�,� ao a�, by City Attorney: � ��� Adoption Certified by Council Secretary: � �� DEPARTMENT/OFFICE/COUNCIL DATE INITIATED VO� � Y� Fire and SafetyServices 10/2l02 GREEN SHEET No 113962 CONTACT PERSON & PHONE INITw�� INfiIAUDATE Fire Chief Tim Fuller 228-6250 � DFPNRMEIROEtECfO �� 4 cmcouHC� MUST BE ON COUNCIL AGENDA BY (DATE) ❑Z CT'ATTORNEY � • ❑LRYC c°� ❑FWANCWLSQNILESDRt_ ❑FNNICNLSERV�/1LCIG �MFYOR(OR/SSISTANT) ❑ TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED To approve an ordinance amending Sainf Paul Legislative Code 33.05 to increase CeRificate of Occupancy renewal fees 25%. RECOMMENDATION Approve (A) or Reject (R) PERSONAL SERVICECONTRACTS MUST ANSWERTHE FOLLOWING QUESTIONS: 1 Has this peBONfirtn ever woMed under a contract for ihis department? PLANNING COMMISSION YES NO ' CIB COMMITrEE 2. Has this persoNfirtn ever been a ciry employee? CIVILSERVICECOMMISSION YES NO 3. Does this perSONfirtn possess a skill not �wrtnally pos5essed by atry current ciry employee? YES NO 4 Is this person/frm a Targeted vendof� YES NO Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT. WHEN, WHERE, WHY) Certificate of Occupancy fees have not been amended since 1995 and have not kept p w' s�vi ���� � ADVANTAGESIFAPPROVED ' ' Revenues will increase $113,000 from a current projection of $500,000 in 2002 to $613�tl6� irP2���� �y�ill increase 4rom 44% to over 50°l0. DISADVANTAGESIFAPPROVED ���� Building owners will pay higher fees for Certificate of Occupancy inspections. ������'" �� "' " DISADVANTAGES IF NOT APPROVED .� �y Fee revenues wi0 fafl below 44°fo of costs. �'�� ����°�� TOTALAMOUN70FTRANSACTION $113 ,000.00 COST/REVENUEBUDGETED(CIRCLEONE) YES � FUNDiNG SOURCE AC7IVITY NUMBER FINANCIAL iNFORMATION (EXPLAIN)