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2015-3980 Ordinance LAND DEVELOPMENT AND PERMITTING FEES ORDINANCE NO. 2015-3980 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14, "BUILDING REGULATIONS," DIVISION 2, "PERMIT FEES," AT SECTIONS 14-61, 14-62, 14-66, 14-67, 14-68, 14-70, AND 14-72; CHAPTER 15, "ZONING REVIEW FEE ASSOCIATED WITH THE BUILDING PERMIT PROCESS," ARTICLE II, "ZONING REVIEW FEES ASSOCIATED WITH THE BUILDING PERMIT PROCESS," AT SECTIONS 15-31, 15-32, 15-33, 15-34, 15-35, 15-36, AND 15-37; CHAPTER 50, "FIRE PREVENTION AND PROTECTION," AT SECTIONS 50-3, 50-4, 50-5, 50-6, 50-7, AND 50-8; CHAPTER 66, "MARINE STRUCTURES, FACILITIES AND VEHICLES," ARTICLE III, "PIERS, DOCKS AND BOAT RAMPS," AT SECTION 66-114; CHAPTER 86, "SALES," DIVISION 2, "PERMIT," AT SECTION 86-56; CHAPTER 98, "STREETS AND SIDEWALKS," ARTICLE III, "EXCAVATIONS," DIVISION 2, "PERMIT," AT SECTIONS 98-93 AND 98-94; FURTHER AMENDING CHAPTER 50, "FIRE PREVENTION AND PROTECTION," TO CREATE SECTIONS 50-9, 50-10, 50-11, 50-12, 50-13, 50-14, AND 50- 15; CHAPTER 98, "STREETS AND SIDEWALKS," ARTICLE III, "EXCAVATIONS," DIVISION 2, "PERMIT," TO CREATE SECTIONS 98- 95, 98-96, 98-97, 98-98, 98-99, AND 98-100; UPDATING AND CONSOLIDATING THE SECTIONS OF THE CITY CODE OF ORDINANCES THAT REQUIRE THE ASSESSMENT OF FEES FOR PERMITTING SERVICES IN ORDER TO IMPROVE PREDICTABILITY, TRANSPARENCY AND EFFICIENCY OF THE CODE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach has the authority to enact laws which promote the public health, safety and general welfare of its citizens; and WHEREAS, the Land Development Regulations of the City Code contain fees for development review and other services to cover the costs of implementing the regulations contained therein; and WHEREAS, the City is in the process of updating of its Enterprise Resource Planning (ERP) program in order to automate, streamline and refine city processes; and WHEREAS, in order to facilitate the automation of city processes, it is necessary to ensure that fees land development fees be as transparent as possible; and Page 1 of 53 WHEREAS, the City Administration has reviewed the structure of fees associated with land development and permit review and determined a more efficient, effective and transparent way to asses fees for these services is necessary; and WHEREAS, the amendments set forth below are necessary to accomplish the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 14, "Building Regulations," Article II, "Construction Fees," Division 2, "Permit Fees," is hereby amended as follows: Sec. 14-61. - Permit fees, generally. (c) Reinspection fees. * * * (2) Payment of the reinspection fee shall be required before any subsequent permits will be issued to the person or entity owing same. Further inspections may shall be withheld until payment of reinspection fees has been made. (d) Lost plans fee. When permitted set of plans are lost by the applicants, owners, contractors, or any of their representatives, a recertification fee will be required to reproduce, stamp and approve a new set of plans as a field copy. Such fee shall be based on a cost per page as specified in appendix A, plus an administrative processing fee as outlined in appendix A. (e) Revised plans processing fee. The charge for plans processing of revisions to a permitted set of plans shall be based on the plan reviewer's actual review time multiplied by the as specified in appendix A, plus an administrative processing fee as outlined in appendix A. (f) Lost permit card fee. After a permit has been issued, if the permit inspection card has been lost, a replacement fee as specified in appendix A shall be charged. (g) Plans-review-and- Inspection fee hourly rate. The Oa-Rs-review-and inspection fee hourly rate, as specified in appendix A, is determined at the beginning of each fiscal year based on the building department's approved overhead and indirect costs and the resources assigned to the inspection program. - ._-• _ _ •- _ _ _ - • . 101{i) Plans re-review fee. When extra plans reviews are due to the failure to correct code violations specifically and continuously noted in each reiection, including, but not limited to, Page 2 of 53 egress, fire protection, structural stability, energy, accessibility, lighting ventilation, electrical, mechanical, plumbing, and gas systems, or other requirements identified by the rule of the Florida Building Commission, in compliance with F.S. $ 553.80(2)(b), each time after the third such review that plans are rejected for the same code violation, a fee of four times the amount of the proportion of the permit fee shall be attributed to plans review. Plans rc review fee. When extra plans reviews are due to the failure to correct code egress, fire protection, structural stability, energy, accessibility, lighting ventilation, rulc of the Florida Building Commission, in compliance with F.S. § 553.80(2)(b), each-time times the cost of the upfront fee of that permit. OM-)Expedited plans review and inspection fee. Upon request from the applicant, the department may schedule an expedited plans review or inspection, on an overtime basis by city staff. When such service is provided, a fee as specified in appendix A shall be charged, in addition to the regular permit fee and other applicable fees. Express Expedited plan review service may be requested by the applicant with a cost plus fee incurred in addition to the regular permit fee and other applicable fees. (j)(k) Permits for work not identified in appendix A. If it is determined that no specific fee category directly matches a permit application request, the building official may identify a category that closely matches the level of effort or determine what the work will be charged at based on the time dedicated for plans review and inspection. The building official may require an upfront fee and a deposit to cover the estimated cost of the services to be provided. City projects. The cost of enforcing state statutes, the building code, or the city's land development regulations on city related projects will be reimbursed based on the actual time spent in the processing, review and inspection of such projects. The payment will be due prior to issuance of the certificate of occupancy or completion for the project. Effective October 1, 2011, for any active permit applied for on or after February 1, 2010, fees shall be based on the permit fee schedule in place at the time of the permit application submittal, and should be paid accordingly. i( } [Annual adjustment of rates.] The rates in appendix A pertaining to this division will be administratively adjusted annually to reflect increase(s) or decrease(s) in the Consumer Price Index for all urban consumers, CPI-U. Consumers in the Southeast United States for all items (m){r) Electronic concurrent plan processing. In order to create a more efficient permitting process, the building department has established will be implementing procedures to process plans electronically via an automated workflow. Once implemented, the department will request that applicants submit plans in an electronic format. If the applicant chooses to submit paper plans, the director, or his designee has the authority to invoice for reimbursement of the conversion of documents submitted to an electronic format ...04 --- . - -- - - -- - ' - -- ' - -- --' -- --- -' - e - - - - changes. Any recommended changes shall be brought to the city commission for Page 3 of 53 (n)(p) Phase permits. The Building Official is authorized by the Florida Building Code to provide early start approval. The holder of such permit shall proceed at the holder's own risk with the building construction and without assurance that a permit for the entire structure will be granted. A fee as specified in appendix A shall be paid. fo) Private provider fee. When a property owner uses the services of a licensed private company for plan review and inspections services (Private Provider), the fee will be assessed as a regular building permit with a discount of 25% of the original building permit fee. If only the plan review or the inspections are done by the Private Provider, then the fee will be assessed as a regular building permit with a discount of 12.5% of the original building permit fee. Sec. 14-62. - Building permits. (b) Refunds, time limitations, cancellations, change of contractor. The fees charged pursuant to the schedule in appendix A, provided the same are for a permit required by Section 105.1 of the Florida Building Code, may be refunded by the building official subject to the following: (1) No refunds shall be made on requests involving: a. Permit fees of$100-00 the minimum permit fee as specified in appendix A or less; or b. Permits for which plans review has commenced; or c.b. Permits revoked by the building official under authority granted by the Florida Building Code; or d.c. Permits cancelled by court order; or d. Permits which have expired; or e. Permits under which work has commenced as evidenced by any recorded inspection having been made by the department, unless the refund is due to an overcharge by the city. * * * (3) A full refund less the minimum up-front permit fee and any outside agency fees shall be granted to a permit applicant who requests a refund in writing within one year of payment, provided that no plan review has commenced. A full refund less$100.00-the minimum permit fee as specified in appendix A or the up-front permit fee, whichever amount is greater, rounded down to the nearest dollar, and any outside agency fees shall be granted to a permit applicant who requests a refund in writing within one year of payment, provided that a permit has not been issued. A full refund less$1-00.00 the minimum permit fee as specified in appendix A or the up-front permit fee, whichever amount is greater, rounded down to the nearest dollar, and any outside agency fees shall be granted to a permit holder(to whom a permit has been issued) who requests a refund in writing within one year of payment, provided: Page 4 of 53 1 (7) Where the permit is revoked, or becomes null and void, or expires because of lack of work or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work, pursuant to Section 105.4.1.1 of the Florida Building Code. If no more than 180 days of the expiration date of the original permit has passed, and no refund has been .made according to this section, the applicant may apply to renew the permit. The reapplication must be covering the same project and involving the same plans, and must be submitted with the plans and the applicant's validated copy of the original permit. A fee of 25 percent of the original permit fee, plus an additional $500 processing fee equivalent to the minimum permit fee as specified in appendix A, shall be charged for a renewal under these circumstances. * * * Sec. 14-66. -Certificates of occupancy or completion . * * * (2) Certificate of use T'T°��rrrvor�ru��.. requirements of this Code. thrcc or morc units and occupied by only residential tenants shall require one certificate of use. Where these occupancies contain commercial activities in unit occupied therein shall be as established in subsection g., below. Page 5 of 53 e. Upon the issuance of a certificate of use for a building or premises, an annual inspection will be conducted thereafter to determine that each building or premises Sec. 14-67. - Forty-year building recertification program. (a) There shall be a fee per building as specified in appendix A for the 40-year building recertification program, as required under Miami-Dade County Code Chapter 8, Section 8- 11(f) and as said section may be amended from time to time. A six (6) month extension for building recertification may be granted by the building official. An extension fee as specified in appendix A shall be assessed. Sec. 14-68. - Reserved. the prior year has bccn paid. * * * Sec. 14-70. -General information. This section contains a list of other fees collected by the building department for other departments or agencies. Specific amounts are given in appendix A. * * * (4) Reserved. A -- - -- - - - -- - - - . =-. =•-e - - - - -'- - "-- - Page 6 of 53 Sec. 14-72. - Interest and other charges. (1) The city is authorized to charge interest to any amount due when not paid by the due date. The interest rate shall be at the highest legal limit authorized by law, plus collection costs and attorneys' fees. (2) Documents. Requests for copies of building department records, inspection reports, logs, or similar documents maintained by the building department will be charged a fee as specified in appendix A. SECTION 2. That Chapter 15, "Zoning Review Fee Associated with the Building Permit Process," Article II, "Zoning Review Fees Associated with the Building Permit Process," is hereby amended as follows: Sec. 15-31. -Zoning review fees associated with the building permit process levied. (a) Levied Permits. A separate zoning review fee associated with the building permit plans review process is hereby levied and imposed, and shall apply to the city's planning department zoning reviews of building, plumbing, electrical and mechanical permits and other plans review activities associated with the permit plans review process undertaken by that department. Said fee shall be collected by the building department on behalf of the planning department. Inspections and other fees of the planning department of the city are hereby levied and imposed and shall apply to building, plumbing, electrical and mechanical permits and other activities undertaken by that department as outlined in appendix A. (b) Double fees. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing systems before obtaining the building official's approval or the necessary permits shall be subject to a penalty of 100 percent of the required permit fee, in addition to the required permit fees, plus a penalty for the first, second and subsequent offenses as outlined in appendix A. (c) Reinspection fees. (1) With respect to inspections, if the city finds it necessary, in order to enforce compliance with state statutes, the Florida Building Code, and the city's land development regulations to conduct an inspection, after an initial inspection and one subsequent reinspection, of any project or activity for the same code violation specifically and continuously noted in each rejection, including but not limited to, egress, fire protection, structural stability, energy, accessibility, lighting, ventilation, electrical, mechanical, plumbing, and gas systems, or other requirements identified by the rule of the Florida Building Commission, state statutes or the city's land development regulations, a fee of four (4) times the cost of initial inspection or first reinspection, whichever is greater, for each subsequent reinspection shall be paid. The inspection cost is determined by multiplying the actual time spent by the inspector by the inspection fee hourly rate, as defined in subsection 15-31(g) and as specified in appendix A. Page 7 of 53 (2) Payment of the reinspection fee shall be required before any subsequent permits will be issued to the person or entity owing same. Further inspections SHALL be withheld until payment of reinspection fees has been made. (d) Lost plans fee. When permitted set of plans are lost by the applicants, owners, contractors, or any of their representatives, a recertification fee will be required to reproduce, stamp and approve a new set of plans as a field copy. Such fee shall be based on a cost per page as specified in appendix A. (e) Revised plans review fee. The charge for plans review of revisions to a permitted set of plans shall be as specified in appendix p pp endix A. (f) Lost permit card fee. After a permit has been issued, if the permit inspection card has been lost, a fee as specified in appendix A shall be charged to resign or recertify the replacement. (g) Inspection fee hourly rate. The inspection fee hourly rate, as specified in appendix A, is determined at the beginning of each fiscal year based on the department's approved overhead and indirect costs and the resources assigned to inspection program. (h) Plans re-review fee. When extra plans reviews are due to the failure to correct code violations specifically and continuously noted in each rejection, including, but not limited to, egress, fire protection, structural stability, energy, accessibility, lighting ventilation, electrical, mechanical, plumbing, and gas systems, or other requirements identified by the rule of the Florida Building Commission, in compliance with F.S. § 553.80(2)(b), each time after the third such review that plans are rejected for the same code violation, a fee of four times the amount of the proportion of the permit fee shall be attributed to plans review. t es a p p p p (i) Expedited plans review and inspection fee. Upon request from the applicant, the department may schedule an expedited plans review or inspection, on an overtime basis by city staff. When such service is provided, a fee as specified in appendix A shall be charged, in addition to the regular permit fee and other applicable fees. Expedited plan review service may be requested by the applicant with a cost plus fee incurred in addition to the regular permit fee and other applicable fees. (1) Permits for work not identified in appendix A. If it is determined that no specific fee category directly matches a permit application request, the department director may identify a category that closely matches the level of effort or determine what the work will be charged based on the time dedicated for plans review and inspection. The department director may require an upfront fee and a deposit to cover the estimated cost of the services to be provided. (k) City projects. The cost of enforcing state statutes, building code or the city's land development regulations on city related projects will be reimbursed based on the actual time spent in the processing, review and inspection of such projects. The payment will be due prior to issuance of the certificate of occupancy or completion for the project. Effective October 1, 2011, for any active permit applied for on or after February 1, 2010, fees shall be based on the permit fee schedule in place at the time of the permit application submittal, and should be paid accordingly. (I) Annual adjustment of rates. The rates in appendix A pertaining to this division will be administratively adjusted annually to reflect increase(s) or decrease(s) in the Consumer Price Index for all urban consumers, CPI-U. (m) Electronic concurrent plan processing. In order to create a more efficient permitting process, the building department will be implementing procedures to process plans Page 8 of 53 electronically via an automated workflow. Once implemented, the department will request that applicants submit plans in an electronic format. If the applicant chooses to submit paper plans, the director, or his designee has the authority to invoice for reimbursement of the conversion of documents submitted to an electronic format. (n) Phase permits. The Building Official is authorized by the Florida Building Code to provide early start approval. The holder of such permit shall proceed at the holder's own risk with the building construction and without assurance that a permit for the entire structure will be granted. A fee as specified in appendix A shall be paid for the planning department's review if necessary. subsection 14-70(6)). Sec. 15-32. -Fees-Building permits. (a) Up-front processing fee. (1) When the building permit application is received, the applicant shall pay an "up front" processing fee as specified in appendix A. (2) This processing fee is not refundable, but shall be credited toward the final building permit fee. The "up front" processing fee, after it is calculated, shall be rounded up to the nearest $5.00, with a minimum fee as specified in appendix A. (b) Refunds, time limitations, cancellations, change of contractor. The fees charged pursuant to the schedule in appendix A, provided the same are for a permit required by Section 105.1 of the Florida Building Code, may be refunded by the building official subject to the following: (1) No refunds shall be made on requests involving: a. Permit fees of the minimum permit fee as specified in appendix A or less; or b. Permits for which plans review has commenced; or c. Permits revoked by the building official under authority granted by the Florida Building Code; or d. Permits cancelled by court order; or d. Permits which have expired; or e. Permits under which work has commenced as evidenced by any recorded inspection having been made by the department, unless the refund is due to an overcharge by the city. (2) A full refund shall be granted to a permit holder who takes out a permit covering work outside the jurisdictional inspection area. (3) A full refund less the minimum up-front permit fee and any outside agency fees shall be granted to a permit applicant who requests a refund in writing within one year of payment, provided that no plan review has commenced. Page 9 of 53 A full refund less the minimum permit fee as specified in appendix A or the up-front permit fee, whichever amount is greater, rounded down to the nearest dollar, and any outside agency fees shall be granted to a permit applicant who requests a refund in writing within one year of payment, provided that a permit has not been issued. A full refund less the minimum permit fee as specified in appendix A or the up-front permit fee, whichever amount is greater, rounded down to the nearest dollar, and any outside agency fees shall be granted to a permit holder (to whom a permit has been issued) who requests a refund in writing within one year of payment, provided: a. That the permit holder makes a written request prior to the permit expiration date; and b. That no work as evidenced by any recorded inspection has commenced under such permit. (4) Where the permit is revoked, or becomes null and void, or expires because of lack of work or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work, pursuant to Section 105.4.1.1 of the Florida Building Code. If no more than 180 days of the expiration date of the original permit has passed, and no refund has been made according to this section, the applicant may apply to renew the permit. The reapplication must be covering the same project and involving the same plans, and must be submitted with the plans and the applicant's validated copy of the original permit. A fee of 25 percent of the original permit fee, plus an additional processing fee equivalent to the minimum permit fee as specified in appendix A, shall be charged for a renewal under these circumstances. For permits that have expired where the only missing component is one or more final inspections, the fee for reopening the permit, performing the final inspection(s), and providing a final approval on the permit shall be charged based on the minimum building permit fee. (5) Every application submitted for permit will be evaluated and fees assessed accordingly whether it is for a master permit a standalone permit or a subcontract/trade subsidiary permit. All submittals will be assessed the fees as prescribed in appendix A, or the minimum permit fee, whichever is greater. (c) Planning Fees associated with a building permit are as specified in appendix A. Sec. 15-33. — Certificates of occupancy or completion. Certificate of occupancy or completion. In order to obtain temporary, or final occupancy or completion as required by the Florida Building Code, the following original fees shall be paid for the purpose of defraying the costs of processing the certificate, including any necessary inspections. a. Final certificate of occupancy or completion. Certificate of occupancy or completion fees shall be as specified in appendix A. b. Temporary certificate of occupancy or completion. Temporary certificate of occupancy or completion fees shall be as specified in appendix A. The certificate of occupancy or Page 10 of 53 completion is the certificate of use for that facility for the first year of operation or part thereof. --- -- - --• -- • •e- -- - -- - - - - ". e e- 11 - e.- •-- final zoning review fee. The "up front" processing fee, after it is calculated, shall be rounded up processing fee is larger than the final permit fee, not including surcharges, that up-front Sec. 15-34. —Double-fees-Forty-year building recertification program. There shall be a plan review and inspection fee for repairs or modifications to buildings as required by the 40-year building recertification program, pursuant to Miami-Dade County Code Chapter 8, Section 8-11(f). ••• - ._ - .. -- -- - --• --• •-- - -- p° t fee- Sec. 15-35. -Revised plans prAAessing fee Employee training, education, safety and technology enhancements. A surcharge to building, electrical, mechanical, plumbing and demolition permits will be added for training, education and safety of the planning department employees, and to procure and implement the latest technologies available for enhancement of services provided by the department, according to the schedule specified in appendix A. appendix—A, Sec. 15-36. — ' - - - - - - - - "2 ' - - General information. a. A separate fire safety, public works and/or zoning review fee associated with the building permit process shall be charged as outlined in appendix A. b. Documents. Requests for copies of planning department records, inspection reports, logs, or similar documents maintained by the planning department will be charged a fee as specified in appendix A. department, is determined at the beginning of each fiscal year based on the department's Page 11 of 53 SECTION 3. That Chapter 50, "Fire Prevention and Protection," is hereby amended as follows: Sec. 50-3. - Plans examination, inspections, permits. (a) Levied Permits. A separate fire department review fee associated with the building permit plans review process is hereby levied and imposed, and shall apply to the city's fire department reviews of building, plumbing, electrical and mechanical permits and other plans review activities associated with the permit plans review process undertaken by that department. Said fee shall be collected by the building department on behalf of the fire department. Inspections and other fees of the fire department of the city are hereby levied and imposed and shall apply to building, plumbing, electrical and mechanical permits and other activities undertaken by that department as outlined in appendix A. (b) Double fees. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing systems before obtaining the building official's approval or the necessary permits shall be subject to a penalty of 100 percent of the required permit fee, in addition to the required permit fees, plus a penalty for the first, second and subsequent offenses as outlined in appendix A. (c) Reinspection fees. (1) With respect to inspections, if the city finds it necessary, in order to enforce compliance with state statutes, the National Fire Protection Association (NFPA) 101 Life Safety Code, the Florida Building Code, and the city's land development regulations to conduct an inspection, after an initial inspection and one subsequent reinspection, of any project or activity for the same code violation specifically and continuously noted in each rejection, including but not limited to, egress, fire protection, structural stability, energy, accessibility, lighting, ventilation, electrical, mechanical, plumbing, and gas systems, or other requirements identified by the rule of the Florida Building Commission, state statutes or the city's land development regulations, a fee of four times the cost of initial inspection or first reinspection, whichever is greater, for each subsequent reinspection shall be paid. The inspection cost is determined by multiplying the actual time spent by the inspector by the inspection fee hourly rate, as defined in subsection 15-31(g) and as specified in appendix A. (2) Payment of the reinspection fee shall be required before any subsequent permits will be issued to the person or entity owing same. Further inspections shall be withheld until payment of reinspection fees has been made. (d) Lost plans fee. When permitted set of plans are lost by the applicants, owners, contractors, or any of their representatives, a recertification fee will be required to reproduce, stamp and approve a new set of plans as a field copy. Such fee shall be based on a cost per page as specified in appendix A. (e) Revised plans review fee. The charge for plans review of revisions to a permitted set of plans shall be as specified in appendix A. Page 12 of 53 , (f) Lost permit card fee. After a permit has been issued, if the permit inspection card has been lost, a fee as specified in appendix A shall be charged to resign or recertify the replacement. (g) Inspection fee hourly rate. The inspection fee hourly rate, as specified in appendix A, is determined at the beginning of each fiscal year based on the department's approved overhead and indirect costs and the resources assigned to inspection program. (h) Plans re-review fee. When extra plans reviews are due to the failure to correct code violations specifically and continuously noted in each rejection, including, but not limited to, egress, fire protection, structural stability, energy, accessibility, lighting ventilation, electrical, mechanical, plumbing, and gas systems, or other requirements identified by the rule of the Florida Building Commission, in compliance with F.S. § 553.80(2)(b), each time after the third such review that plans are rejected for the same code violation, a fee of four times the amount of the proportion of the permit fee shall be attributed to plans review. (i) Expedited plans review and inspection fee. Upon request from the applicant, the department may schedule an expedited plans review or inspection, on an overtime basis by city staff. When such service is provided, a fee as specified in appendix A shall be charged, in addition to the regular permit fee and other applicable fees. Expedited plan review service may be requested by the applicant with a cost plus fee incurred in addition to the regular permit fee and other applicable fees. (j) Permits for work not identified in appendix A. If it is determined that no specific fee category directly matches a permit application request, the fire marshal may identify a category that closely matches the level of effort or determine what the work will be charged at based on the time dedicated for plans review and inspection. The fire marshal may require an upfront fee and a deposit to cover the estimated cost of the services to be provided. (k) City projects. The cost of enforcing state statutes, building code or the city's land development regulations on city related projects will be reimbursed based on the actual time spent in the processing, review and inspection of such projects. The payment will be due prior to issuance of the certificate of occupancy or completion for the project. Effective October 1, 2011, for any active permit applied for on or after February 1, 2010, fees shall be based on the permit fee schedule in place at the time of the permit application submittal, and should be paid accordingly. (I) [Annual adjustment of rates.1 The rates in appendix A pertaining to this division will be administratively adjusted annually to reflect increase(s) or decrease(s) in the Consumer Price Index for all urban consumers, CPI-U. (m) Electronic concurrent plan processing. In order to create a more efficient permitting process, the building department will be implementing procedures to process plans electronically via an automated workflow. Once implemented, the department will request that applicants submit plans in an electronic format. If the applicant chooses to submit paper plans, the director, or his designee has the authority to invoice for reimbursement of the conversion of documents submitted to an electronic format. (n) Phase permits. The Building Official is authorized by the Florida Building Code to provide early start approval. The holder of such permit shall proceed at the holder's own risk with the building construction and without assurance that a permit for the entire structure will be granted. A fee as specified in appendix A shall be paid for the fire department's review if necessary. (o) Reserved. Page 13 of 53 (p) Specialty permit. Such permits will include temporary and special event permits. A fee for plan review and inspections of these permits will be charged as specified in appendix A. undertaken by that department fee plus a penalty as specified in this article. The payment of the required fee shall not therein. The double fee requirement shall be applicable as noted herein. For a second be required to pay the double permit fee plus a penalty. permits will be issued to the person owing the fee. Further inspection may be refused until payment of reinspection fees has been made. (d) Lost plans fee. When permitted set of plans for fire protection systems are lost by the plans as a field copy. Such fee shall be based on the cost designated by the building (e) Revised plans processing fee. The charge for plans processing of revisions to plans (g) Special inspection fee. Upon request of an interested party and avail actual staff time and related costs shall be assessed for special fire inspections with a minimum fee as specified in appendix A shall be charged. Requests submitted by developers, attorneys, realtors or contractors to inspect a building to determine existing • Page 14 of 53 (j) Plans re-review fee. When extra plans reviews are due to the failure to correct a code • permit fee. will be charged as specified in appendix A for the subsequent partial certificate of (1) No refunds shall be made on requests involving: a. Permit fees of$100.00 or less; or b. Permits revoked by the fire marshal or building official; or d. Permits which have expired; or e. Permits under which work has commenced as evidenced by any recorded A full refund less $100.00 or the up-front permit fee, whichever amount is greater, issued. Page 15 of 53 and such permit a. The original permit holder: -- • e - - .. .. ._ -- _- ' -- - b. The second permit holder shall pay: has expired; or 2. A fee of $100.00 to cover the cost of transferring the data from the original to unexpired Permi+• • -- - '- - - e ff.!! permit • • -- - - - - - e- -- - e e- ..• . _ e- - - e•• work or abandonment, a new permit covering the proposed construction shall be - e - _e-• _ -- _ - _! _ -- - - - e - - - e •e•-- ..' validated copy of the original permit. A fee of 25 percent of the original permit fee, plus• e e •--- e- ••• e e e e e. - Building Code. If more than 164 days but no more than 365 days since the expiration Page 16 of 53 the plans and the applicant's validated copy of the original permit. A fee of 25 percent For permits that have expired where the only missing component is one or more final inspections, the fee for reopening the permit, performing the final inspection(s), and procure and implement the latest technologies available for enhancement of services•e. " n - -- - - - A • - -- cost of processing and reviewing such permit application. This fee is not refundable, but (q) Fire permits. A fire permit is required for installation, modification, or deletion of any component of a fire detection or protection system. A fire permit is issued by the fire smoke detection, fire alarm, fire protection or fire suppression or similar systems. A fee for -- - - - - - - - - 'e - - :- a fire permit will be charged after receipt of request. A flow test may not be performed whenever the city, county, or - A -- - -- - -- _ ..-..• A personnel as determined by the fire chief. Any person or entity who does not obtain a permit, provides false information in order to obtain the permit, or who violates any provision in said permit will be clamed a fine equal to the double fee as specified in subsection 50 3(d). Page 17 of 53 -- - - -- - as specified in appendix A. Additional fee will be charged for staffing of fire department personnel as determined by the fire chief. Any person or entity who does not obtain a permit, provides false information in order to obtain the permit, or who violates any Issued by the fire department. A fee for plan review and inspection will be charged as personnel as determined by the fire chief. Any person or entity who does not obtain a permit, provides false information in order to obtain the permit, or who violates any subsection 50 3(d).• _0 - - .. A -e- - - - - -- _ - - _ _ _ -- -.i•_ --• Z-- -- — - - •- appendix -- •0-- ---- -- - - -0 - - • - - - .- -- - e., _ _ 0 in-appenclix-A, adjusted annually to reflect increase(s) or decrease(s) in Consumer Price Index for -- - - +. I -- _ -. - _ .. - •- - - - - •- Page 18 of 53 -- .. r-r r - •- • r r- -r r e- r r 'r-r Sec. 50-4. -nor^ went by fire inspectors Building permits. (a) Up-front processing fee. (1) When the building permit application is received, the applicant shall pay an "up front" processing fee as specified in appendix A. (2) This processing fee is not refundable, but shall be credited toward the final building permit fee. The "up front" processing fee, after it is calculated, shall be rounded up to the nearest $5.00, with a minimum fee as specified in appendix A. (b) Refunds, time limitations, cancellations, change of contractor. The fees charged pursuant to the schedule in appendix A, provided the same are for a permit required by Section 105.1 of the Florida Building Code, may be refunded by the building official subject to the following: (1) No refunds shall be made on requests involving: a. Permit fees of the minimum permit fee as specified in appendix A or less; or b. Permits for which plans review has commenced; or c. Permits revoked by the building official under authority granted by the Florida Building Code; or d. Permits cancelled by court order; or d. Permits which have expired; or e. Permits under which work has commenced as evidenced by any recorded inspection having been made by the department, unless the refund is due to an overcharge by the city. (2) A full refund shall be granted to a permit holder who takes out a permit covering work outside the jurisdictional inspection area. (3) A full refund less the minimum up-front permit fee and any outside agency fees shall be granted to a permit applicant who requests a refund in writing within one year of payment, provided that no plan review has commenced. A full refund less the minimum permit fee as specified in appendix A or the up-front permit fee, whichever amount is greater, rounded down to the nearest dollar, and any outside agency fees shall be granted to a permit applicant who requests a refund in writing within one year of payment, provided that a permit has not been issued. A full refund less the minimum permit fee as specified in appendix A or the up-front permit fee, whichever amount is greater, rounded down to the nearest dollar, and any outside agency fees shall be granted to a permit holder (to whom a permit has been issued) who requests a refund in writing within one year of payment, provided: a. That the permit holder makes a written request prior to the permit expiration date; and Page 19 of 53 b. That no work as evidenced by any recorded inspection has commenced under such permit. (4) Where the permit is revoked, or becomes null and void, or expires because of lack of work or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work, pursuant to Section 105.4.1.1 of the Florida Building Code. If no more than 180 days of the expiration date of the original permit has passed, and no refund has been made according to this section, the applicant may apply to renew the permit. The reapplication must be covering the same project and involving the same plans, and must be submitted with the plans and the applicant's validated copy of the original permit. A fee of 25 percent of the original permit fee, plus an additional processing fee equivalent to the minimum permit fee as specified in appendix A, shall be charged for a renewal under these circumstances. For permits that have expired where the only missing component is one or more final inspections, the fee for reopening the permit, performing the final inspection(s), and providing a final approval on the permit shall be charged based on the minimum building permit fee. (5) Every application submitted for permit will be evaluated and fees assessed accordingly whether it is for a master permit a standalone permit or a subcontract/trade subsidiary permit. All submittals will be assessed the fees as prescribed in appendix A, or the minimum permit fee, whichever is greater. (c) Fire Fees associated with a building permit are as specified in appendix A. based on the Florida Fire Prevention Code, Miami Dade County Fire Code, or the City of Miami Beach Code, as may be amended from time to time, the fire inspector shall for in Chapter 14, Miami Dade County Code. • e_.-- _ 1 I - e . - •e-- •- - . - e "•_ •••I ..• V . of fine for which the violator is liable, instructions, due date for paying the fine, the appeal process. Page 20 of 53 (2) Blocked or impeded exits. If, upon inspection, a fire inspector finds the means of excess of the maximum number of occupants as approved by the Fire Marshal, then number of occupants exceed the approved limit by less than 30 percent; a severe with the penalties stated in Section 50 4(k). (6) Life safety building maintenance. If, upon inspection, a fire inspector finds that (7) Flammable liquids/gas. If, upon inspection, a fire inspector finds improper use and {8) Fire extinguishers. If, upon inspection, a fire inspector finds that the fire extinguishers are not properly certified, or fire extinguishers are not provided, then the fire inspector•- .- --- '- • _ _ • -- _ is being performed or work has been performed on a fire protection/life safety system without the proper permits, then the fire inspector shall issue a citation with the penalties statcd in Section 50 4(k). owner or management fails to obtain and maintain the required fire alarm runner service agreement, then the fire inspector shall issue a citation with the penalties (11)Other violations. Any other violation of the Florida Fire Prevention Code may result in a -" e- .--e. _ e. - -• - '-- "e • -- _11 -.- _ _ - Page 21 of 53 a. _ ee- --- • -- •either to: •- - -. - .• - -- . - -- - •- .. e•I • ..- . .- - 4, . --- - - - - -•- - - -. • -. • ..- as an admission of the citation, and fines are owed to the City. Unpaid-fines may result in - - e ' - -- a - - - - .- • - -- (h) Imposition of civil fines. The City may institute proceedings in a court of competent as a court judgment by the sheriffs of this State, including levy against the personal After two months from the filing of any such lien which remains unpaid, the City may• - - -- - • - .. -- -e e issue cease and desist orders as-provided by Florida Statute 633.161 and the Florida Fire • - - -.. . _ ._ a .- --- - • - •.• . a I a• . - - • . .. •- • a .- -- - - - - Statute 633.171. alternative or additional means of enforcement, the City may—institute proceedings to - -- - . „ . . .-- .• _ I •.• ••. Page 22 of 53 issued under this section. (1) Locked exits. ... .. -- _ " -'. -.. _ . - ,-99.!!; .. .- '. -- ... ..• _- _9.'9; -- -- . - - ... .. - - - -. - . be $1,250.00. (2) Blocked, or impeded exits. First offense within a 12 month period, fine shall be .. ..• - . .- -_ _!.99; .• - -• -- .. -• -- - -- '-- ' ... .. ,999.99; --- -. -- - - -- _ . .-- ,999.!9; - - offense and subsequent offenses within a 12-month period, fine shall be , 5555; - - ' -.- .. '.. •.- - -_ ::_,999.99; -' - . - "et, '- _ .. .. days. After three severe overcrowding citations within a 12 month period, the days of the Certificate of Use and Annual Fire Safety Permit shall be for seven Safety Permit shall be for 14 days. After five minor overcrowding citations, or -- • - "- ••• - or combination of minor and severe citations, within a 12 , {4) Fire watch. Fine shall be $500.00 for each offense. - -.. -- - -- -- 5.55 e -- -. • - - -- - -- - . .. . .. - {7) Flammable liquids/gas. Fine shall be $100.00 for each offense. {8) Fire extinguishers. Fine shall be $25.00 for each offense. Fine shall be $200.00 for each offense. Page 23 of 53 . • - Ie.! - Sec. 50-5. - - . . - • - • • _ - . - _ - _ _ _ - Certificates o f_ occupancy or completion. Certificate of occupancy or completion. In order to obtain temporary, or final occupancy or completion as required by the Florida Building Code, the following original fees shall be paid for the purpose of defraying the costs of processing the certificate, including any necessary inspections. a. Final certificate of occupancy or completion. Certificate of occupancy or completion fees shall be as specified in appendix A. b. Temporary certificate of occupancy or completion. Temporary certificate of occupancy or completion fees shall be as specified in appendix A. The certificate of occupancy or completion is the certificate of use for that facility for the first year of operation or part thereof. operated, utilized or occupied any facility, instrumentality or real property, or any part deficiencies have been corrected. Fire safety permits shall not be transferable and any change in use or occupancy of the premises shall require the issuance of a new fire safety reasons for such rejection. Fire safety permits shall be issued by the fire marshal's office and shall bear the names and signature of the fire marshal or his designated representative. • (6) Inspection requirements. (c) Application, issuance. Page 24 of 53 fee, the department shall issue the fire safety permit. Such permit shall be renewed the fire department, and the required fee. Upon payment of the required fee and the National Fire Protection Association (NFPA) 101 Life Safety Code, as may be amended five percent or greater. {1) Assembly occupancies. Those occupancies that include, but are not limited to, all buildings or portions of buildings used for gathering together 50 or more persons for _.. - - - e .. e .. .•- - • -- - . -- - - - -- e . -e .. . .. - -_ ee a. Class A occupant load greater than 1,000 persons: See appendix A. - - - - _ - .. e.. -_ e _ ... _ append A, c. Class C—occupant load of 50 or more but not greater than 300 persons: See • _•-. - - . ... - _ _ e•-e. - _ - . ... - -- . _._.-• A . Page 25 of 53 Over 100 beds: See appendix A. a. Apartment buildings: - - • e ...- •-- - __-- ' A . - 9 - - -- -- Over 50 sleeping units: See appendix A. c. Board and safe facilities: - -- - - - --- - - - . ... - See appendix A. e - e -. _ ... - -- _ -- .. - _9,!!! level for sales purposes: See appendix A. - -- --- - ... - -- e e - ... - - - A Over 5,000 square fcct: Sec appendix A. Page 26 of 53 •• - -e - - • •- .. possible use for types of industrial processes with high density of employee p • Up to 5,000 square feet: See appendix A. Over 5,000 square feet: See appendix A. b. Special purpose industrial occupancies industrial operations in buildings Up to 5,000 square feet: See appendix A. a - III - -- A c. High hazard industrial occupancies buildings having high hazard materials, processes, or contents: ... - - -- • - A a - ... - -- utilized primarily for the storage or sheltering of goods, merchandise, products, vehicles or animals. a. Low hazard contents classified as those of such low combustibility that no self ... _ - __ _ - A Over 10,000 square feet: See appendix A. c. High hazard contents—classified as those that are likely to burn with extreme .l l - -- • ---- Over 5,000 square feet: See appendix A. (9) Marinas. a. Three to 12 boat slips: See appendix A. b. Thirteen to 50 boat slips: See appendix A. Page 27 of 53 c. Over 50 boat slips: See appendix A. (10)Miscellaneous. All uses of buildings not previously covered by this section shall be (e) Revocation, penalties. The fire marshal may revoke the fire safety permit if, upon - • _ - - •-- - . . • - - '-- - -- - --- -- '- - person who uses any premises after the fire safety permit has been revoked shall be in violation of this section and shall be subject to proceedings to revoke or suspend an - - - - e -- - ---- - - article V, use of any premises without a valid fire safety permit shall be deemed an Sec. 50-6. - - - . . - . - - - - • - e 2 - Forty-year building recertification program. There shall be a plan review and inspection fee for repairs or modifications to buildings as required by the 40-year building recertification program, pursuant to Miami-Dade County Code Chapter 8, Section 8-11(f). {a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly or which may self react with other materials to cause fires or explosions, or which by its unauthorized release, may cause danger to life or create serious health hazard. Hazardous List compiled by the state department of labor and employment security pursuant to F.S. § 4112.103. sev ' gular or plural , is stored, handled or used. Page 28 of 53 (b) Hazardous material registration and permit. No person shall store, handle or use any the month following the enactment of this legislation, but by no later than October 1. (1) The chemical or common name of the hazardous materials on the premises. {2) An estimate of the maximum amount of hazardous material present on the premises. (3) An estimate amount of the average daily hazardous material present on the premises. a placard for each hazardous material on the premises. Such placard shall be in handled or used on the premises. The placard may be obtained by the person or purchased the premises and shall provide to the fire department, upon request, information on the (e) Enforcement. Any person who fails or refuses to comply with, or violates, any of the provisions of this section shall be subject to prosecution under the city's code enforcement person's business license until such time as the provisions have been complied with. Sec. 50-7. - '' - • - - - - - - • - - - - - - - • - - • - - Employee traininq, education, safety and technology enhancements. A surcharge to building, electrical, mechanical, plumbing and demolition permits will be added for training, education and safety of the fire department employees, and to procure and implement the latest technologies available for enhancement of services provided by the department, according to the schedule specified in appendix A. .. - .. .. e -_ • •_ •.• .. .. - ,999.91! -e .-- violation. In addition, the county judge may, in h-is discretion, impose an additional penalty of Page 29 of 53 the provisions of this chapter may be subject to enforcement procedures before a special Sec. 50-8. - - , - , - - •- - - - •• - General information. a. A separate fire safety, public works and/or zoning review fee associated with the building permit process shall be charged as outlined in appendix A. b. Documents. Requests for copies of fire department records, inspection reports, logs, or similar documents maintained by the fire marshal's office will be charged a fee as specified in appendix A. {a) Purpose of regulation. The purpose of this section is to place responsibility on the alarm ala (c) Definitions. {1) Alarm user means the person or other entity that owns, possesses, controls, occupies .. - • • - •- • - - -- -- -- - - any • • •• • •y evidence of fire or other emergency after following normal Fire Department user evidence that (1) an individual activated the alarm based upon a system, as evidenced by the testimony of a licensed alarm system contractor who - _- - •-- - --- -- -- -- - - - - - -- {1) Household fire alarm system means a system of devices that is listed for residential to be licensed. (5) Premises means the budding or structure, or portion of a building or structure, upon {6) Vandals means a person or persons who willfully cause damage to the fire alarm Page 30 of 53 (d) Fire alarms; posting requirements. A fire alarm user shall conspicuously post at the main section. a _ _.._. _ . .-- -_ ee $ - • a • - - . 11 11 fine of$1.000.00. • time period shah—constitute a waiver of the violator's right to an administrative hearing•A - -•- - -•- - - - ' --- - A • -- - - - - -- e e- • •.. - --- Rules of Appellate Procedure. Page 31 of 53 n • as a court judgment by the sheriffs of this state, including levy against the personal After two months from the filing of any such lien which remains unpaid, the City may Sec. 50-9. - Interest. The city is authorized to charge interest to any amount due when not paid by the due date. The interest rate shall be at the highest legal limit authorized by law, plus collection costs and attorneys' fees. Sec. 50-10 Other permits and reviews. (a) Fire permits. A fire permit is required for installation, modification, or deletion of any component of a fire detection or protection system. A fire permit is issued by the fire marshal and processed by the building department for components or systems designed for smoke detection, fire alarm, fire protection or fire suppression or similar systems. A fee for the plan review, acceptance test, and inspection of work under a fire permit will be charged as specified in appendix A to include services provided by fire department staff. (b) Hydrant flow test. Upon a request from an applicant, a hydrant flow test will be performed by fire department personnel and results provided to the applicant within a reasonable time after receipt of request. A flow test may not be performed whenever the city, county, or state has any water flowing restrictions imposed on the water supply of the City of Miami Beach. A fee will be charged for each flow test as specified in appendix A. (c) Occupant content sign. Owners, managers, or operators of any assembly occupancy in the City of Miami Beach must obtain an occupant content sign issued by the fire marshal and processed by the building department. A fee for plan review and inspection related to the occupant content sign will be charged as specified in appendix A. (d) Pyrotechnic displays permit. Any person or entity using, storing, or displaying pyrotechnic devices indoor or outdoor of any facility within the City of Miami Beach must first obtain a permit issued by the fire department. A fee for plan review and inspection will be charged as specified in appendix A. Additional fee will be charged for staffing of fire department personnel as determined by the fire chief. Any person or entity who does not obtain a permit, provides false information in order to obtain the permit, or who violates any provision in said permit will be charged a fine equal to the double fee as specified in subsection 50-3(d). (e) Fireworks permit. Any person or entity using, storing, or displaying fireworks for private or public display within the City of Miami Beach must first obtain a permit issued by the fire department. A fee for plan review and inspection will be charged as specified in appendix A. Additional fee will be charged for staffing of fire department personnel as determined by the fire chief. Any person or entity who does not obtain a permit, provides false information in order to obtain the permit, or who violates any provision in said permit will be charged a fine equal to the double fee as specified in subsection 50-3(d). (f) Open burning permit. Any person or entity engaged in open burning activity must first obtain a permit issued by the fire department. A fee for plan review and inspection will be charged Page 32 of 53 as specified in appendix A. Additional fee will be charged for staffing of fire department personnel as determined by the fire chief. Any person or entity who does not obtain a permit, provides false information in order to obtain the permit, or who violates any provision in said permit will be charged a fine equal to the double fee as specified in subsection 50-3(d). (q) Bonfire permit. Any person or entity engaged in a bonfire activity must first obtain a permit issued by the fire department. A fee for plan review and inspection will be charged as specified in appendix A. Additional fee will be charged for staffing of fire department personnel as determined by the fire chief. Any person or entity who does not obtain a permit, provides false information in order to obtain the permit, or who violates any provision in said permit will be charged a fine equal to the double fee as specified in subsection 50-3(d). (h) Special events. All special events permits issued by the City of Miami Beach must be reviewed and approved by the fire department. A fee for the plan review and inspection of each special event will be charged to the applicant as specified in appendix A. (i) Trade shows. All trade shows or public events taking place at the Miami Beach Convention Center or other public facility must be reviewed and approved by the fire department. A fee for plan review and inspection will be charged to the applicant as specified in appendix A. (I) Sidewalk cafe permits. All sidewalk cafes must be approved by the fire department before a permit is issued by the city. A fee for plan review and inspection will be charged as specified in appendix A. (k) Special master. Special master cases such as mitigation of fines requiring research and testimony of fire department personnel will be charged a fee to the applicant as specified in appendix A. (I) Documents. Requests for copies of fire department records, inspection reports, logs, or similar documents maintained by the fire marshal's office will be charged a fee as specified in appendix A. (m) Adjusted rates. The rates in appendix A pertaining to this section will be administratively adjusted annually to reflect increase(s) or decrease(s) in Consumer Price Index for all urban consumers CPI-U. Sec. 50-11. - Enforcement by fire inspectors. (a) Notice of violation. If, upon inspection, a fire inspector finds that a fire code violation exists based on the Florida Fire Prevention Code, Miami-Dade County Fire Code, or the City of Miami Beach Code, as may be amended from time to time, the fire inspector shall document the list of violations using a Fire Department form. The Notice of Violation shall indicate the name of violator, address of establishment inspected, the date of the inspection, and the name of the inspector. The Notice of Violation shall describe the code requirement, which is not in compliance, and indicate timeframe within which to correct said violation(s). (1) The violator can appeal the interpretation of the code requirement to the inspector's supervisor and finally to the Fire Marshal of the City of Miami Beach after providing evidence that the condition present does not constitute a code violation. If the Fire Marshal affirms that the code violation does exist, then the violator can appeal a decision of the Fire Marshal to the Miami-Dade County Fire Safety and Prevention Page 33 of 53 Board of Appeal as provided for in the Florida Fire Prevention Code, and as provided for in Chapter 14, Miami-Dade County Code. (2) If the violator does not correct the violation within the indicated time frame, the fire inspector, or designee of the Fire Marshal, shall follow enforcement proceedings through the Special Master process as provided in Chapter 30 of the City of Miami Beach Code. (b) Citation. In lieu of a Notice of Violation, or in addition to a Notice of Violation, the fire inspector can issue a citation for the following offenses listed below. The citation shall state the name of the violator, the date and time of the violation, address of the violation, amount of fine for which the violator is liable, instructions, due date for paying the fine, and the appeal process. (1) Locked exits. If, upon inspection, a fire inspector finds a locked exit as defined in the Florida Fire Prevention Code as a door requiring a key or special knowledge to open, then the fire inspector shall issue a citation with the penalties stated in Section 50-4(k). (2) Blocked or impeded exits. If, upon inspection, a fire inspector finds the means of egress blocked or impeded as defined in the Florida Fire Prevention Code, then the fire inspector shall issue a citation with the penalties stated in Section 50-4(k). (3) Overcrowding. If, upon inspection, a fire inspector finds an overcrowding condition in excess of the maximum number of occupants as approved by the Fire Marshal, then the inspector shall issue a citation as follows: a minor overcrowding citation when the number of occupants exceed the approved limit by less than 30 percent; a severe overcrowding citation when the number of occupants exceed the approved limit by 30 percent or more. The citation issued will carry the penalties stated in Section 50-4(k). (4) Fire watch. If, upon inspection, a fire inspector finds that the owner or management of a property in the City has not complied with the requirements of an established fire watch mandated by the Fire Marshal's Office, then the inspector shall issue a citation with the penalties stated in Section 50 4(k)_ (5) Fire protection system(s). If, upon inspection, a fire inspector finds that the automatic or manual fire protection system(s), fire detection system(s), and/or fire alarm system(s) have not been certified by a licensed contractor as required by the Florida Fire Prevention Code, then the fire inspector shall issue a citation with the penalties stated in Section 50-4(k). (6) Life safety building maintenance. If, upon inspection, a fire inspector finds that maintenance of life safety building features have not been properly performed, then the fire inspector shall issue a citation with the penalties stated in Section 50-4(k). (7) Flammable liquids/gas. If, upon inspection, a fire inspector finds improper use and storage of flammable liquids and/or flammable gases, then the fire inspector shall issue a citation with the penalties stated in Section 50-4(k). (8) Fire extinguishers. If, upon inspection, a fire inspector finds that the fire extinguishers are not properly certified, or fire extinguishers are not provided, then the fire inspector shall issue a citation with the penalties stated in Section 50-4(k). (9) Work without a permit. If, upon inspection, a fire inspector finds that construction work is being performed or work has been performed on a fire protection/life safety system without the proper permits, then the fire inspector shall issue a citation with the penalties stated in Section 50-4(k). Page 34 of 53 (10)Fire alarm runner service agreement. If, upon inspection, a fire inspector finds that the owner or management fails to obtain and maintain the required fire alarm runner service agreement, then the fire inspector shall issue a citation with the penalties stated in Section 50-4(k). (11)Other violations. Any other violation of the Florida Fire Prevention Code may result in a citation with the penalties stated in Section 50-4(k). (c) "Offense" defined. For purposes of this section, "offense" shall mean a notice of violation, or citation. A person may receive a separate notice of violation, or citation, once every hour if a violation has occurred any time within that period. Each notice of violation, or citation, shall constitute a separate offense for which a separate fine may be imposed. (d) Options upon issuance of a citation. A violator who has been issued a citation shall elect either to: (1) Pay the civil fine in the manner indicated on the citation; or (2) Request an administrative hearing before a special master to appeal the decision of the fire inspector which resulted in the issuance of the citation. (e) Appeal of a citation. The violator may appeal the citation by requesting an administrative hearing within ten days from the date of issuance. The procedures for appeal of the citation shall be as set forth in Chapter 30, as may be amended from time to time. The appeal hearing must be heard no later than 120 days from the date the appeal was filed. The Special Master shall not have discretion to alter the prescribed penalties under Section 50- 4(k)(1)—(3). Appeal of the Fire Marshal's code interpretation shall be filed with the Miami- Dade County Fire Safety and Prevention Board of Appeals. (f) Failure to appeal. Failure of the named violator to appeal the citation within the prescribed time period shall constitute a waiver of the violator's right to an administrative hearing before the special master. A waiver of the right to an administrative hearing shall be treated as an admission of the citation, and fines are owed to the City. Unpaid fines may result in the imposition of larger fines and/or further enforcement as set forth in this section. (g) Appeal of special master's decision. Any party aggrieved by the decision of a special master may appeal that decision as provided by applicable Florida Statutes and Florida Rules of Appellate Procedure. (h) Imposition of civil fines. The City may institute proceedings in a court of competent jurisdiction to compel payment of civil fines. A certified copy of an order imposing a civil fine may be recorded in the public records and thereafter shall constitute a lien upon any other real or personal property owned by the violator, and it may be enforced in the same manner as a court judgment by the sheriffs of this State, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After two months from the filing of any such lien which remains unpaid, the City may institute proceedings to foreclose or otherwise execute on the lien. (i) Cease and desist orders. The Fire Marshal of the City of Miami Beach has the authority to issue cease and desist orders as provided by F.S. 633.161 and the Florida Fire Prevention Code to mitigate any fire hazard or any violation posing an imminent danger to occupants. If the violator fails to comply with the Cease and Desist Order, then the violator shall receive a citation of $5,000.00 for each offense. Any person who fails to comply with the Cease and Desist Order is guilty of a misdemeanor punishable as provided in F.S. 633.171. (j) Suspension or revocation of certificate of use and annual fire safety permit. As an alternative or additional means of enforcement, the City may institute proceedings to Page 35 of 53 suspend or revoke the Certificate of Use and Annual Fire Safety Permit pursuant to Chapter 102, Article V. The suspension of the Certificate of Use and Annual Fire Safety Permit constitutes the closure of the establishment and no occupancy for the period determined. Additionally, the City may seek injunctive relief as set forth in Section 46-158. Furthermore, in cases of recurring violations, the fire inspector may issue a notice of violation for prosecution before the Special Master as provided in Chapter 30. For citations involving serious danger to the public health, safety or welfare as stated in this section, the suspension of the Certificate of Use and Annual Fire Safety Permit shall be as stated in Section 50-4(k)(3). (k) Penalties and fines. The following civil fines and penalties shall be imposed for citations issued under this section. (1) Locked exits. a. Assembly occupancies: first offense within a 12-month period, fine shall be $1,000.00; second offense within a 12-month period, fine shall be $2,500.00; third and subsequent offenses within a 12-month period, fine shall be $5,000.00. b. For other occupancies, the fines shall be as follows: first offense within a 12-month period, fine shall be $750.00; second offense within a 12-month period, fine shall be $1,000.00; third and subsequent offenses within a 12-month period, fine shall be $1,250.00. (2) Blocked, or impeded exits. First offense within a 12-month period, fine shall be $500.00; second offense within a 12-month period, fine shall be $750.00; third offense and subsequent offenses within a 12-month period, fine shall be $1,000.00. (3) Overcrowding. a. Minor overcrowding citation: first offense within a 12-month period, fine shall be $1,000.00; second offense within a 12-month period, fine shall be $2,000.00; third offense and subsequent offenses within a 12-month period, fine shall be $3,000.00; b. Severe overcrowding citation: first offense within a 12-month period, fine shall be $2,500.00; second offense within a 12-month period, fine shall be $5,000.00; third and subsequent offenses within a 12-month period, fine shall be $7,500.00. c. After two severe overcrowding citations within a 12-month period, the suspension of the Certificate of Use and Annual Fire Safety Permit shall be for 14 consecutive days. After three severe overcrowding citations within a 12-month period, the suspension of the Certificate of Use and Annual Fire Safety Permit shall be for 30 days; d. After three minor overcrowding citations within a 12-month period, the suspension of the Certificate of Use and Annual Fire Safety Permit shall be for seven consecutive days. After four minor overcrowding citations or combination of minor and severe citations, the suspension of the Certificate of Use and Annual Fire Safety Permit shall be for 14 days. After five minor overcrowding citations, or combination of minor and severe citations, the suspension of the Certificate of Use and Annual Fire Safety Permit shall be for 30 days. e. After four severe overcrowding citations, or after six minor overcrowding citations, or combination of minor and severe citations, within a 12-month period, the Certificate of Use and Annual Fire Safety Permit shall be revoked. Page 36 of 53 (4) Fire watch. Fine shall be $500.00 for each offense. (5) Fire protection system(s). Fine shall be $250.00 for each system for each offense. (6) Life safety building maintenance. Fine shall be $50.00 for each offense. (7) Flammable liquids/gas. Fine shall be $100.00 for each offense. (8) Fire extinguishers. Fine shall be $25.00 for each offense. (9) Work without a permit. Fine shall be $200.00 for each offense. (10)Fire alarm runner service agreement. Fine shall be $75.00 for each offense. (11)Other violations. Fine shall be $100.00 for each offense. Sec. 50-12. -Annual fire prevention and fire safety inspection permit. (a) Permit required; general provisions. 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 for which a fire safety permit is required in accordance with the provisions of this section without first obtaining such a valid fire safety permit. Fire safety permits shall be kept on the premises and shall be subject to inspection by a representative of the fire department. All premises shall be inspected from time to time to determine whether they comply with the provisions of applicable ordinances and regulations. The owner shall be notified of any deficiencies noted, and appropriate reinspection may be made to determine whether or not the deficiencies have been corrected. Fire safety permits shall not be transferable and any change in use or occupancy of the premises shall require the issuance of a new fire safety permit. All applications for fire safety permits shall 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 resection. Fire safety permits shall be issued by the fire marshal's office and shall bear the names and signature of the fire marshal or his designated representative. (b) Contents. Fire safety permits shall contain the following information: (1) Operation or activities for which the fire safety permit is issued. (2) Address or location and telephone number where the operation or activity requiring the issuance of a fire safety permit is to be conducted. (3) Name, address and telephone number of the permittee. (4) Fire safety permit number and date of issuance. (5) Period of validity of the fire safety permit. (6) Inspection requirements. (c) Application, issuance. (1) Within 30 days of March 15, 1997, the city shall mail an invoice requiring the payment of the fire safety fee, in accordance with the fee schedule set forth in this section, to all persons holding a certificate of use issued by the city. Upon payment of the required fee, the department shall issue the fire safety permit. Such permit shall be renewed annually upon payment of the required fee. Page 37 of 53 r (2) Any person applying for a new certificate of use shall concurrently with such application make an application for a fire safety permit to the fire department. Such application for a fire safety permit shall be accompanied by such information as may be required by the fire department, and the required fee. Upon payment of the required fee and issuance of the certificate of use, the fire department shall issue the fire safety permit, which shall be renewed annually upon payment of the required fee. (3) Application for a fire safety permit shall be made to the fire department 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 for which is required a fire safety permit in accordance with the provisions of this section. Such application shall be accompanied by such information as shall be required by the fire department and the required fee. (d) Fees. The fees for the issuance of the fire safety permit and the annual renewal thereof, as may be required, are herein fixed as follows. Occupancies are classified in accordance with the National Fire Protection Association (NFPA) 101 Life Safety Code, as may be amended and adopted by the City. Annual adjustment of rates. The rates in appendix A pertaining to this division will be administratively adjusted annually to reflect increase(s) or decrease(s) in the Consumer Price Index for all urban consumers, CPI-U. The city is authorized to charge interest to any amount due when not paid by the due date. The interest rate shall be at the highest legal limit authorized by law, plus collection costs and attorneys' fees. (1) Assembly occupancies. Those occupancies that include, but are not limited to, all buildings or portions of buildings used for gathering together 50 or more persons for such purposes as deliberation, worship, entertainment, eating, drinking, amusement or awaiting transportation. Assembly occupancies designated as dance hall/entertainment with or without alcohol and having an occupant load of 200 or more, a night inspection fee shall be charged of $4.00 per person based on the approved maximum number of occupants designated by the Fire Marshal. a. Class A—occupant load greater than 1,000 persons: See appendix A. b. Class B—occupant load greater than 300 but not greater than 1,000 persons: See appendix A. c. Class C—occupant load of 50 or more but not greater than 300 persons: See appendix A. (2) Educational occupancies. Those occupancies that include buildings or portions of buildings used for educational purposes through the 12th grade by six or more persons for four or more hours per day or more than 12 hours per week. a. Schools, private, educational facilities inclusive of the first to the 12th grade: Buildings up to 10,000 square feet: See appendix A. Buildings greater than 10,000 square feet: See appendix A. b. Nurseries, day care centers, kindergartens, educational facilities up to, but not including the first grade: See appendix A. Page 38 of 53 (3) Health care occupancies. Those occupancies used for purposes such as medical or other treatment or care of persons suffering from physical or mental illness, disease or infirmity; and for the care of infants, convalescents or infirm aged persons. Health care occupancies provide sleeping facilities for four or more occupants and are occupied by persons who are mostly incapable of self-preservation because of age, physical or mental disability, or because of security measures not under the occupants' control. Private hospitals, nursing homes, limited care facilities: Up to 100 beds: See appendix A. Over 100 beds: See appendix A. (4) Residential occupancies. Those occupancies in which sleeping accommodations are provided for normal residential purposes and include all buildings designed to provide sleeping accommodations. a. Apartment buildings: Three to 11 dwelling units: See appendix A. Twelve to 50 dwelling units: See appendix A. Over 50 dwelling units: See appendix A. b. Hotel, motel, dormitories, lodging-house or rooming-house: Three to 50 rental sleeping units: See appendix A. Over 50 sleeping units: See appendix A. c. Board and care facilities: Small facilities, not more than 16 residents: See appendix A. Large facilities, more than 16 residents: See appendix A. (5) Mercantile occupancies. a. Class A—all stores having an aggregate gross area of more than 30,000 square feet or utilizing more than three levels, excluding mezzanines, for sales purposes: See appendix A. b. Class B—all stores of more than 3,000 square feet but not more than 30,000 square feet aggregate gross area, or utilizing floors above or below the street floor level for sales purposes: See appendix A. c. Class C—all stores of not more than 3,000 square feet gross area used for sales purposes on one story only, excluding mezzanines: See appendix A. (6) Business occupancies. Those occupancies used for the transaction of business, other than those covered under subsection (d)(5) of this section, for the keeping of accounts and record, and for similar purposes. a. General offices, including doctors', dentists', and outpatient clinics (ambulatory): Up to 5,000 square feet: See appendix A. Over 5,000 square feet: See appendix A. Page 39 of 53 b. Colleges and university instructional buildings, classrooms under 50 persons, and instructional laboratories: See appendix A. (7) Industrial occupancies. Those occupancies such as factories making products of all kinds and properties devoted to operations such as processing, assembling, mixing, packaging, finishing or decorating and repairing. a. General industrial occupancies—industrial operations conducted in buildings of conventional design suitable for various types of industrial processes, subject to possible use for types of industrial processes with high density of employee population: Up to 5,000 square feet: See appendix A. Over 5,000 square feet: See appendix A. b. Special purpose industrial occupancies—industrial operations in buildings designed for and suitable only for particular types of operations, characterized by a relatively low density of employee population, with much of the area occupied by machinery or equipment: Up to 5,000 square feet: See appendix A. Over 5,000 square feet: See appendix A. c. High hazard industrial occupancies—buildings having high hazard materials, processes, or contents: Up to 5,000 square feet: See appendix A. Over 5,000 square feet: See appendix A. (8) Storage occupancies. Those occupancies which include all buildings or structures utilized primarily for the storage or sheltering of goods, merchandise, products, vehicles or animals. a. Low hazard contents—classified as those of such low combustibility that no self- propagating fire therein can occur: See appendix A. b. Ordinary hazard contents—classified as those that are likely to burn with moderate rapidly or to give off a considerable volume of smoke: Up to 10,000 square feet: See appendix A. Over 10,000 square feet: See appendix A. c. High hazard contents—classified as those that are likely to burn with extreme rapidity or from which explosions are likely: Up to 5,000 square feet: See appendix A. Over 5,000 square feet: See appendix A. (9) Marinas. a. Three to 12 boat slips: See appendix A. b. Thirteen to 50 boat slips: See appendix A. Page 40 of 53 c. Over 50 boat slips: See appendix A. (10)Miscellaneous. All uses of buildings not previously covered by this section shall be classified by the fire marshal as the most similar use delineated above and assessed an inspection fee accordingly. (e) Revocation, penalties. The fire marshal may revoke the fire safety permit if, upon inspection, any violation of this section, the South Florida Fire Prevention Code or chapter 14 of the Dade County Code, or any violation of any condition, limitation or restriction which is part of a fire safety permit issued is found and not corrected within a reasonable amount of time. Revocation shall be effective when the permit holder is duly notified by the fire marshal. In addition to the penalties prescribed under the code adopted in section 50-2, any person who uses any premises after the fire safety permit has been revoked shall be in violation of this section and shall be subject to proceedings to revoke or suspend an occupational license and/or certificate of use pursuant to chapter 102, article V, and/or other penalties under applicable law. For purposes of enforcement under chapter 102, article V, use of any premises without a valid fire safety permit shall be deemed an emergency condition involving serious danger to the public health, safety or welfare. Sec. 50-13. - Hazardous material registration and permit. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Hazardous material means that material, chemical or substance which is highly flammable, or which may self-react with other materials to cause fires or explosions, or which by its presence creates or augments a fire or explosion hazard, or which by its toxicity, radioactivity or any other physical, chemical or nuclear property, when contained or when involved in an unauthorized release, may cause danger to life or create serious health hazard. Hazardous materials shall include such materials as compressed gases, cryogenic fluid, flammable liquid, combustible liquid, flammable solid, corrosives, oxidizing material, reactive and unstable material, highly toxic, poisonous and radioactive material, whether the material is in usable or waste condition. Hazardous materials shall include material identified in the Florida Substance List compiled by the state department of labor and employment security pursuant to F.S. § 442.103. Person means any natural person, firm, individual association, corporation, partnership, joint venture, municipality, governmental agency, political subdivision, public officer, partner, director, officer, public corporation or any other entity of any kind whatsoever, jointly and severally, singular or plural. Placard means a visible hazard identification sign or plate indicating any and all of the hazardous materials presently stored, handled or used on the premises. Premises means the building or structure or portion thereof upon which hazardous material is stored, handled or used. (b) Hazardous material registration and permit. No person shall store, handle or use any hazardous materials unless and until a valid permit has been issued by the fire department, in accordance with South Florida Fire Prevention Code, article 31, section 31.103. Anyone obtaining a permit under this section shall pay a permit fee as set forth in appendix A during the month following the enactment of this legislation, but by no later than October 1. Permits shall be renewed on an annual basis. Failure to pay the fee within 30 days will Page 41 of 53 result in a late permit fee as set forth in appendix A. Failure to pay the fee within 90 days will result in a late permit fee as set forth in appendix A. All applications for permits shall be on a form prescribed by the fire department and accompanied by a hazardous material inventory form providing the following information: (1) The chemical or common name of the hazardous materials on the premises. (2) An estimate of the maximum amount of hazardous material present on the premises. (3) An estimate amount of the average daily hazardous material present on the premises. (4) The specific location of the hazardous materials on the premises. (5) A brief description of the manner of storage of the hazardous materials. (c) Placard requirement. Every person who obtains a permit pursuant to this section shall affix a placard for each hazardous material on the premises. Such placard shall be in compliance with NFPA section 704 or as approved by the fire department. The placard must be affixed to a conspicuous location where each of the hazardous materials is stored, handled or used on the premises. The placard may be obtained by the person or purchased from the fire department at a cost as set forth in appendix A. (d) Inspection. Every person shall allow the fire department to conduct an on-site inspection of the premises and shall provide to the fire department, upon request, information on the specific types, amounts and locations of any and all hazardous material on the premises. (e) Enforcement. Any person who fails or refuses to comply with, or violates, any of the provisions of this section shall be subject to prosecution under the city's code enforcement system, in accordance with chapter 30, and shall be subject to immediate suspension of the person's business license until such time as the provisions have been complied with. (f) Annual adjustment of rates. The rates in appendix A pertaining to this division will be administratively adjusted annually to reflect increase(s) or decrease(s) in the Consumer Price Index for all urban consumers, CPI-U. (g) The city is authorized to charge interest to any amount due when not paid by the due date. The interest rate shall be at the highest legal limit authorized by law, plus collection costs and attorneys' fees. Sec. 50-14. - Penalties for violation of fire codes and enforcement. Any person, firm or corporation who violates or fails to comply with the minimum standards established and adopted by this chapter as may be amended, shall upon conviction, be fined not less than $100.00 for the first violation and not less than $1,000.00 for each subsequent violation. In addition, the county fudge may, in his discretion, impose an additional penalty of imprisonment for a period of up to 90 days. Each day such violation shall be permitted to exist shall constitute a separate offense. As an alternative method of enforcement, any person, firm or corporation who violates or fails to comply with any of the minimum standards established and adopted by this chapter and who fails to comply with a final order issued in accordance with the provisions of this chapter may be subject to enforcement procedures before a special master of the city and to penalties as set forth in Chapter 30 of this Code. Sec. 50-15. - Fire alarms, regulations, penalties, enforcement. Page 42 of 53 (a) Purpose of regulation. The purpose of this section is to place responsibility on the alarm user to prevent, by use of appropriate mechanical, electrical, or other means, false fire alarms. (b) Scope of regulations. The provisions of this section shall apply throughout the geographical area serviced f byl the Miami Beach Fire Department. (c) Definitions. (1) Alarm user means the person or other entity that owns, possesses, controls, occupies or manages any premises as defined below. (2) False fire alarm means a signal from a fire alarm system that elicits a response by the Fire Department when no actual or threatened fire-related emergency exists. This definition includes signals activated by negligence, accident, mechanical failure, and electrical failure signals activated intentionally in non-emergency situations; and signals for which the actual cause of activation is unknown. It is a rebuttable presumption that a fire alarm is false if personnel responding from the Fire Department do not discover any evidence of fire or other emergency after following normal Fire Department operating procedures in investigating the incident. An alarm is not false if the alarm user provides evidence that (1) an individual activated the alarm based upon a reasonable belief that a fire-related emergency existed: (2) the alarm system was activated by lightning or an electrical surge that caused physical damage to the system, as evidenced by the testimony of a licensed alarm system contractor who conducted an on-site inspection and personally observed the damage to the system; or (3) the alarm was activated by vandals. (3) Fire alarm system means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of fire-related emergency, requiring urgent attention and to which Fire Department personnel may reasonably be expected to respond, but does not include household fire alarm systems installed in one- or two-family dwellings. (4) Household fire alarm system means a system of devices that is listed for residential use and installed in a one- or two-family dwelling other than facilities that are required to be licensed. (5) Premises means the building or structure, or portion of a building or structure, upon which a fire alarm system is installed or maintained. (6) Vandals means a person or persons who willfully cause damage to the fire alarm system which results in the activation of a fire alarm. (d) Fire alarms; posting requirements. A fire alarm user shall conspicuously post at the main entrance to the alarm user's premises a notice stating (1) the name of an individual or alarm company able and authorized to enter the premises and deactivate the alarm; (2) emergency telephone numbers by which those individuals can be reached at all times; and (3) the name and address of the alarm user. The information must be kept current and failure to update this information within 48 hours of any change constitutes a violation of this section. (e) False fire alarms prohibited. No fire alarm user shall cause, allow, permit or suffer the fire alarm system to emit three or more false alarms in any calendar year. (f) Inspection requirements/post activation. After the second and each additional false fire alarm in one calendar year, the alarm user shall, within 30 days, after the second or subsequent fire alarm activation, file a written inspection and test report with the Fire Department from a licensed fire alarm contractor stating that the fire alarm system has been Page 43 of 53 inspected and tested since the last false fire alarm. The report shall set forth the probable cause of the activation, description of any repairs, modifications made or actions taken to prevent additional false alarm activations. The inspection and test report shall also state that the system is currently fully functional without deficiencies. (g) Penalties. A violator of this section shall receive a fine(s) as follows: (1) For the first false alarm within a calendar year: A notice of violation with no fine. (2) For the second false alarm within a calendar year: A notice of violation with no fine. (3) For the third and fourth false alarm within a calendar year: A citation with a fine of $250.00. (4) For the fifth false alarm and subsequent false alarms including the twelfth false alarm within a calendar year: A citation with a fine of$500.00. (5) For the thirteenth and subsequent false alarms within a calendar year: A citation with a fine of$1.000.00. (h) Enforcement. The fire inspector shall issue a citation for each false alarm. A violator who has been issued a citation under this section shall elect either to: (1) Pay the civil fine in the manner indicated on the citation: or (2) Request an administrative hearing before a special master to appeal the decision of the fire inspector which resulted in the issuance of the citation. (i) Appeal of a citation. The violator may appeal the citation by requesting an administrative hearing within ten days from the date of issuance. The procedures for appeal of the citation shall be as set forth in Chapter 30, as may be amended from time to time. (j) Failure to appeal. Failure of the named violator to appeal the citation within the prescribed time period shall constitute a waiver of the violator's right to an administrative hearing before the special master. A waiver of the right to an administrative hearing shall be treated as an admission of the citation, and fines are owed to the City. Unpaid fines may result in the imposition of larger fines and/or further enforcement as set forth in this Chapter. (k) Appeal of special master's decision. Any party aggrieved by the decision of a special master may appeal that decision as provided by applicable Florida Statutes and Florida Rules of Appellate Procedure. (I) Imposition of civil fines. The City may institute proceedings in a court of competent jurisdiction to compel payment of civil fines. A certified copy of an order imposing a civil fine may be recorded in the public records and thereafter shall constitute a lien upon any other real or personal property owned by the violator, and it may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After two months from the filing of any such lien which remains unpaid, the City may institute proceedings to foreclose or otherwise execute on the lien. SECTION 4. That Chapter 66, "Marine Structures, Facilities and Vehicles," Article III, "Piers, Docks, and Boat Ramps," is hereby amended as follows: Sec. 66-114. - Fee schedule for examination of plans, reinspections and special projects. Page 44 of 53 (a) Up-front processing fee. When the building permit application for a marine structure is received by the city, the applicant shall pay an up-front processing fee as specified in appendix A. This processing fee is not refundable, but shall be credited toward the final permit fee. This fee is in addition to fees which are required pursuant to chapter 14 and 98 of this Code and relates to examination of plans and inspections by the marine inspector to determine compliance with this chapter. .. - --r A. (b) Reinspection fees. (1) With respect to inspections, if the city finds it necessary, in order to enforce compliance with state statutes, the Florida Building Code, and the city's land development regulations to conduct an inspection, after an initial inspection and one subsequent reinspection, of any project or activity for the same code violation specifically and continuously noted in each rejection, including but not limited to, egress, fire protection, structural stability, energy, accessibility, lighting, ventilation, electrical, mechanical, plumbing, and gas systems, or other requirements identified by the rule of the Florida Building Commission, state statutes or the city's land development regulations, a fee of four times the cost of initial inspection or first reinspection, whichever is greater, for each subsequent reinspection shall be paid. The inspection cost is determined by multiplying the actual time spent by the inspector by the inspection fee hourly rate, as defined in subsection 14-61 (c)(1) and as specified in appendix A. (2) Payment of the reinspection fee shall be required before any subsequent permits will be issued to the person or entity owing same. Further inspections SHALL be withheld until payment of reinspection fees has been made. be charged to the permit holder in the trade concerned. {2) If it is determined by the field inspector concerned that the job has the same problem in-appendix-A-shal-1-be-shamed, the person or firm owing same. Further inspection may be refused until payment of questions proposed by developers, attorneys, and realtors, in connection with boat slips, the property through a review of departmental records. Such special fees will be levied only SECTION 5. That Chapter 86, "Sales," Article II, "Garage Sales," Division 2, "Permit," is hereby amended as follows: Page 45 of 53 Sec. 86-56. - Required. (a) No person shall conduct a garage sale within the city without first obtaining a permit. (b) All persons wishing to obtain a garage sale permit shall make application at the code compliance department of the city, and shall pay a fee as specified in appendix A, or at no cost if permit is applied for and obtained online. SECTION 6. That Chapter 98, "Streets and Sidewalks," Article Ill, "Excavations," Division 2, "Permit," is hereby amended as follows: Sec. 98-92. -Application; amount of deposit; use of deposit to replace surface; permit fee. * * * (d) Permit fees will be computed only for the primary item of work for which a permit is required. The fee collected will also cover items of work incidental to the primary item and all processing and inspection services rendered by the department of public works. •' - - 0 -- - - .. -_ - ..0- - e• - _ee-0 _ review, and inspection cervices rendered by the department. The surcharge rate in the Consumer Price Index for consumers in the southeast Unitcd Statcs for all items,•- •• e .. e •e •e.-- • •-e- • - - A • • e- - ..•--- •- •- -- - -- -- -e _• provided, (g) Expired permits. Where the permit is revoked, or becomes null and void, or expires ee e- e - -- e - ._ e -- = - - - _ ee-. -e •• _ - 9 e- •- _' _ '_ e_ -- - •e•-. -- ••• involving the same plans, and must be submitted with the plans and the applicant's •e_ e - 0 •e•-- e- A -- e_ -• a •- e- ••• e - additional $57 presossing fee, shall be charged for a renewal under these Page 46 of 53 permit. A fee of 25 percent of the original permit fee, plus a fee of 20 percent of the new permit For permits that have expired where the only missing component is one or more final administratively no less than every three years for the last adopted changes. Any apprevak (i) Expedited plans review and inspection fee. Upon request from the applicant, the Sec. 98-93. Waiver Public Works review fees associated with the building process levied. by the United States, the state, the county, or any agency or instrumentality thereof, or any entity granted a franchise by the city whose permit fees are, by the terms of the franchise, deductible from the payments required by the franchise, whether this work is performed by employees of the agency, by the franchisee, or by a private firm, person or corporation under (a) Levied Permits. A separate public works review fee associated with the building permit plans review process is hereby levied and imposed, and shall apply to the city's public works department reviews of construction activities which may impact city-owned property, rights-of-way, or easements, building, plumbing, electrical and mechanical permits and other plans review activities associated with the permit plans review process undertaken by that department. Said fee shall be collected by the building department on behalf of the planning department. Inspections and other fees of the planning department of the city are hereby levied and imposed and shall apply to building, plumbing, electrical and mechanical permits and other activities undertaken by that department as outlined in appendix A. (b) Double fees. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing systems before obtaining the building official's approval or the necessary permits shall be subject to a penalty of 100 percent of the required permit fee, in addition to the required permit fees, plus a penalty for the first, second and subsequent offenses as outlined in appendix A. (c) Reinspection fees. Page 47 of 53 (1) With respect to inspections, if the city finds it necessary, in order to enforce compliance with state statutes, the Florida Building Code, and the city's land development regulations to conduct an inspection, after an initial inspection and one subsequent reinspection, of any project or activity for the same code violation specifically and continuously noted in each rejection, including but not limited to, egress, fire protection, structural stability, energy, accessibility, lighting, ventilation, electrical, mechanical, plumbing, and gas systems, or other requirements identified by the rule of the Florida Building Commission, state statutes or the city's land development regulations, a fee of four times the cost of initial inspection or first reinspection, whichever is greater, for each subsequent reinspection shall be paid. The inspection cost is determined by multiplying the actual time spent by the inspector by the inspection fee hourly rate, as defined in subsection 15-31(q) and as specified in appendix A. (2) Payment of the reinspection fee shall be required before any subsequent permits will be issued to the person or entity owing same. Further inspections SHALL be withheld until payment of reinspection fees has been made. (d) Lost plans fee. When permitted set of plans are lost by the applicants, owners, contractors, or any of their representatives, a recertification fee will be required to reproduce, stamp and approve a new set of plans as a field copy. Such fee shall be based on a cost per page as specified in appendix A. (e) Revised plans review fee. The charge for plans review of revisions to a permitted set of plans shall be as specified in appendix A. (f) Lost permit card fee. After a permit has been issued, if the permit inspection card has been lost, a fee as specified in appendix A shall be charged to resign or recertify the replacement. (g) Inspection fee hourly rate. The inspection fee hourly rate, as specified in appendix A, is determined at the beginning of each fiscal year based on the department's approved overhead and indirect costs and the resources assigned to inspection program. (h) Plans re-review fee. When extra plans reviews are due to the failure to correct code violations specifically and continuously noted in each rejection, including, but not limited to, egress, fire protection, structural stability, energy, accessibility, lighting ventilation, electrical, mechanical, plumbing, and gas systems, or other requirements identified by the rule of the Florida Building Commission, in compliance with F.S. § 553.80(2)(b), each time after the third such review that plans are rejected for the same code violation, a fee of four times the amount of the proportion of the permit fee shall be attributed to plans review. (i) Expedited plans review and inspection fee. Upon request from the applicant, the department may schedule an expedited plans review or inspection, on an overtime basis by city staff. When such service is provided, a fee as specified in appendix A shall be charged, in addition to the regular permit fee and other applicable fees. Expedited plan review service may be requested by the applicant with a cost plus fee incurred in addition to the regular permit fee and other applicable fees. (j) Permits for work not identified in appendix A. If it is determined that no specific fee category directly matches a permit application request, the department director may identify a category that closely matches the level of effort or determine what the work will be charged at based on the time dedicated for plans review and inspection. The department director may require an upfront fee and a deposit to cover the estimated cost of the services to be provided. Page 48 of 53 (k) City projects. The cost of enforcing state statutes, building code or the city's land development regulations on city related projects will be reimbursed based on the actual time spent in the processing, review and inspection of such projects. The payment will be due prior to issuance of the certificate of occupancy or completion for the project. Effective October 1, 2011, for any active permit applied for on or after February 1, 2010, fees shall be based on the permit fee schedule in place at the time of the permit application submittal, and should be paid accordingly. (I) [Annual adjustment of rates.] The rates in appendix A pertaining to this division will be administratively adjusted annually to reflect increase(s) or decrease(s) in the Consumer Price Index for all urban consumers, CPI-U. (m) Electronic concurrent plan processing. In order to create a more efficient permitting process, the building department will be implementing procedures to process plans electronically via an automated workflow. Once implemented, the department will request that applicants submit plans in an electronic format. If the applicant chooses to submit paper plans, the director, or his designee has the authority to invoice for reimbursement of the conversion of documents submitted to an electronic format. (n) Phase permits. The Building Official is authorized by the Florida Building Code to provide early start approval. The holder of such permit shall proceed at the holder's own risk with the building construction and without assurance that a permit for the entire structure will be granted. A fee as specified in appendix A shall be paid for the public works department's review if necessary. Sec. 98-94. -Waiver Building permits. The fccs charged pursuant to this Code may be refunded by the public works director {1) No refunds shall be made on requests involving: a. Permit fees of$100.00 or less; or b. Permits revoked by the fire marshal or building official; or d. Permits which have expired; or A full refund, less $100.00 or the up-front permit fee, whichever amount is greater, issued. Page 49 of 53 A full refund, less $100.00 or the up-front fee, whichever amount is greater, rounded a. That the permit holder makes a written request prior to the permit expiration date; and c. That no work, as evidenced by any recorded inspection, has commenced under such permit (a) Up-front processing fee. (1) When the building permit application is received, the applicant shall pay an "up front" processing fee as specified in appendix A. (2) This processing fee is not refundable, but shall be credited toward the final building permit fee. The "up front" processing fee, after it is calculated, shall be rounded up to the nearest $5.00, with a minimum fee as specified in appendix A. (b) Refunds, time limitations, cancellations, change of contractor. The fees charged pursuant to the schedule in appendix A, provided the same are for a permit required by Section 105.1 of the Florida Building Code, may be refunded by the building official subject to the following: (1) No refunds shall be made on requests involving: a. Permit fees of the minimum permit fee as specified in appendix A or less; or b. Permits for which plans review has commenced; or c. Permits revoked by the building official under authority granted by the Florida Building Code; or d. Permits cancelled by court order; or d. Permits which have expired; or e. Permits under which work has commenced as evidenced by any recorded inspection having been made by the department, unless the refund is due to an overcharge by the city. (2) A full refund shall be granted to a permit holder who takes out a permit covering work outside the jurisdictional inspection area. (3) A full refund less the minimum up-front permit fee and any outside agency fees shall be granted to a permit applicant who requests a refund in writing within one year of payment, provided that no plan review has commenced. A full refund less the minimum permit fee as specified in appendix A or the up-front permit fee, whichever amount is greater,_ rounded down to the nearest dollar, and any outside agency fees shall be granted to a permit applicant who requests a refund in writing within one year of payment, provided that a permit has not been issued. A full refund less the minimum permit fee as specified in appendix A or the up-front permit fee, whichever amount is greater, rounded down to the nearest dollar, and any outside agency fees shall be granted to a permit holder (to whom a permit has been issued) who requests a refund in writing within one year of payment, provided: Page 50 of 53 a. That the permit holder makes a written request prior to the permit expiration date; and b. That no work as evidenced by any recorded inspection has commenced under such permit. (4) Where the permit is revoked, or becomes null and void, or expires because of lack of work or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work, pursuant to Section 105.4.1.1 of the Florida Building Code. If no more than 180 days of the expiration date of the original permit has passed, and no refund has been made according to this section, the applicant may apply to renew the permit. The reapplication must be covering the same project and involving the same plans, and must be submitted with the plans and the applicant's validated copy of the original permit. A fee of 25 percent of the original permit fee, plus an additional processing fee equivalent to the minimum permit fee as specified in appendix A, shall be charged for a renewal under these circumstances. For permits that have expired where the only missing component is one or more final inspections, the fee for reopening the permit, performing the final inspection(s), and providing a final approval on the permit shall be charged based on the minimum building permit fee. (5) Every application submitted for permit will be evaluated and fees assessed accordingly whether it is for a master permit a standalone permit or a subcontract/trade subsidiary permit. All submittals will be assessed the fees as prescribed in appendix A, or the minimum permit fee, whichever is greater. (c) Public Works Fees associated with a building permit are as specified in appendix A. Sec. 98-95. -Certificates of occupancy or completion. Certificate of occupancy or completion. In order to obtain temporary, or final occupancy or completion as required by the Florida Building Code, the following original fees shall be paid for the purpose of defraying the costs of processing the certificate, including any necessary inspections. a. Final certificate of occupancy or completion. Certificate of occupancy or completion fees shall be as specified in appendix A. b. Temporary certificate of occupancy or completion. Temporary certificate of occupancy or completion fees shall be as specified in appendix A. The certificate of occupancy or completion is the certificate of use for that facility for the first year of operation or part thereof. Sec. 98-96. - Forty-year building recertification program. There shall be a plan review and inspection fee for repairs or modifications to buildings as required by the 40-year building recertification program, pursuant to Miami-Dade County Code Chapter 8, Section 8-11(f). Page 51 of 53 Sec. 98-97. - Employee training, education, safety and technology enhancements. A surcharge to building, electrical, mechanical, plumbing and demolition permits will be added for training, education and safety of the public works department employees, and to procure and implement the latest technologies available for enhancement of services provided by the department, according to the schedule specified in appendix A. Sec. 98-98. -General information. a. A separate fire safety, public works and/or zoning review fee associated with the building permit process shall be charged as outlined in appendix A. b. Documents. Requests for copies of fire department records, inspection reports, logs, or similar documents maintained by the planning department will be charged a fee as specified in appendix A. Sec. 98-99. - Interest. The city is authorized to charge interest to any amount due when not paid by the due date. The interest rate shall be at the highest legal limit authorized by law, plus collection costs and attorneys' fees. Sec. 98-100 -Waiver. The director of public works shall waive the permit fee for all work or excavations performed by the United States, the state, the county, or any agency or instrumentality thereof, or any entity granted a franchise by the city whose permit fees are, by the terms of the franchise, deductible from the payments required by the franchise, whether this work is performed by employees of the agency, by the franchisee, or by a private firm, person or corporation under contract with the governmental agency or franchisee. However, such franchisee, governmental agency or private firm, person or corporation under contract therewith shall not be relieved of the responsibility for obtaining a permit for work or excavations subject to this article and shall otherwise comply with the provisions of this article. SECTION 7. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 8. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 9. SEVERABILITY. Page 52 of 53 If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 10. EFFECTIVE DATE. This Ordinance shall take effect on April 1, 2016 following adoption. PASSED and ADOPTED this q day of D€cerv,be,' , A 5. ,.-' ,-,77; ATTEST: / / ' � 4 � ��cii+ p Levin.-; M y; r ,,sz,„.................... 0, .. � 1 Bt ' / Rafael • . Graado, City CI-rk I ////, ' 'PROVED AS TO ,„..--tit• „ 0 FORM AND LANGUAGE *= , & FORE CUTION is :INCORP rED: g *4, c.,,-... ' *A\C%s' City Attorney Date First Reading: October 14, 2015 'h IC 40 / 9 0, Second Reading: December 9, 2015 �th f ,2�� g Underscore denotes new language denotes deleted language [Sponsored by Commissioner Joy Malakoff] T:\AGENDA\2015\December\PLANNING\Land Development Fees-BD FD PD PW City Code-2nd Reading ORD.docx Page 53 of 53