HomeMy WebLinkAboutOrdinance No. 11-2003 ORDINANCE NO. 11 -2003
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING SECTION 38 -2 OF THE CODE OF
ORDINANCES, RELATING TO FIRE PERMIT FEES;
PROVIDING FOR INDEPENDENT PLAN REVIEW;
PROVIDING FOR THE REPEAL OF PRIOR
CONFLICTING ORDINANCES AND RESOLUTIONS;
PROVIDING FOR INCORPORATION INTO THE CODE;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, in accordance with Section 633.0215, Florida Statutes 2002, the State Fire
Marshal has adopted the Florida Fire Prevention Code, which includes the adoption of the
National Fire Protection Association's Standard 1, Fire Prevention Code ( "NFPA 1"); and
WHEREAS, the NFPA 1 provides the city with the authority to require plan review and
the issuance of permits prior to construction, modification, or rehabilitation of buildings and
structures within its jurisdictional limits (Sections 1 -16.16 & 1 -18, NFPA 1); and
WHEREAS, the City is further authorized to require a review of submitted plans by an
independent third party with expertise in the matter to be reviewed at the applicant's expense
(Section 1 -18.6, NFPA 1); and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Cape Canaveral.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings and the intent and purpose of the City Council of the City of
Cape Canaveral.
Section 2. Code Amendment. That Section 38 -2 of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and
' strilkeeut type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance
of text existing in Chapter 38. It is intended that the text in sections Chapter 38 denoted by the
asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior
to adoption of this Ordinance).
City of Cape Canaveral
Ordinance No. 11 -2003
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Chapter 38 - Fire Prevention and Protection
c p, Article L In General
* * *
Sec. 38-2. Fire safety fees.
In order to defray the costs of inspection and enforcement of its fire safety code in the
construction and maintenance of buildings within the city, the city adopts the following fees.
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(a) A fee in the amount of $0.025 per square foot shall be levied on all new construction,
alterations, or additions in the city, except for one- and two-family residences. This fee
shall encompass plan review and necessary fire inspections required prior to the issuance
of a certificate of occupancy. This fee shall be payable at the same time and in the same
manner as building permit fees. As-built plans shall be submitted for permanent record
upon completion of the construction, alteration, or addition upon issuance of a certificate
of occupancy or certificate of completion.
* * *
(b) Except as provided in subsection (g) below the The following permit fees for fire
protection systems are required and shall be paid at the same time and in the same
manner as building permit fees:
(g) In the sole discretion of the fire chief, or the chief's designee, plans submitted for review
and approval by the city fire department. under the terms of this section. may be required
to be reviewed by a Fire Protection Engineer. The cost of such review shall be borne
exclusively by the applicant. Such costs shall be in addition to any applicable permit fee.
Section 3. Florida Building Commission and Florida State Fire Marshall Notification.
In accordance with Section 633.0215, Florida Statutes (2002) the City Clerk shall file a copy of
this Ordinance with the Florida Building Commission and Florida State Fire Marshall within
6
thirty (30) days of becoming effective and shall make a copy available for public inspection
immediately upon adoption.
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 5. Incorporation Into Code. This ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing.
City of Cape Canaveral
Ordinance No. 11-2003
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Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
c competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this ordinance.
I Section 7. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 6 day of
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= May, 2003.
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ROCKY RAND Mayor
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ATTEST:
For Against
��_ t Bob Hoog Second
Jim Morgan X
I ' ' i Buzz Petsos Motion
SUSA TIL S, City Clerk Rocky Randels x
Richard Treverton x
First Reading: 4/15/03
i Legal Ad published: 4/26/03
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Second Reading: 5/6/03
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Approved as to legal form and sufficiency for
z the C of Cape Canaveral only: I
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1 ANTHONY A. GARGANESE, City Attorney
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City of Cape Canaveral
Ordinance No. 11 -2003
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