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HomeMy WebLinkAbout34. 13-571 DECEMBER 10, 2013 13-571 ORDINANCE (CARRIED__7-0_____LOST_______LAID OVER_______WITHDRAWN_____) PURPOSE: APPROVAL OF BUILDING, ELECTRICAL, AND PLUMBING CODE CHANGES TO INCLUDE FEES IN A FEE SCHEDULE (STAFF RECOMMENDS WAIVING THE RULES & ADOPTING ON FIRST READING) INITIATED BY: INSPECTION DIVISION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 7- 11(B) RELATED TO FEE FOR STREET AND SIDEWALK GRADES; AMENDING SECTION 7-13(B)&(C)(1)&(2) RELATED TO BUILDING PLANS TO BE SUBMITTED; AMENDING SECTION 7-17(E)&(G) RELATED TO PAYING PERMIT FEES BEFORE RECEIVING BUILDING PERMIT; AMENDING 7-44 RELATED TO APPLICATION FOR PERMIT, FEES (HVAC); AMENDING SECTION 11-27(C) RELATED TO APPLICATION FOR TYPE C ELECTRICAL CONTRACTORS’ LICENSE FEES; AMENDING SECTION 11-28(B) RELATED TO APPLICATION OF TYPE M ELECTRICAL MAINTENANCE LICENSE FEES; AMENDING SECTION 11-30(C) RELATED TO APPLICATION FOR TYPE S LICENSE FEES; AMENDING SECTION 11-31(D)&(D)(5) RELATED TO PROVISIONS APPLICABLE TO ALL ELECTRICAL CERTIFICATES FEES; AMENDING SECTION 11-34(F) RELATED TO OPTIONAL ARRANGEMENT FOR TYPE M LICENSE FEES; AMENDING SECTION 11-36(B) RELATED TO WORK WITHOUT A PERMIT; AMENDING SECTION 20-8(A)(4)(i) RELATED TO PLUMBING PERMIT FEES; AMENDING SECTION 20-12.2(B)(6) RELATED TO PLUMBING – PRIVATE WELLS PERMIT FEES – ALL AMENDED TO INCLUDE FEES WITHIN A FEE SCHEDULE TO BE ADOPTED BY RESOLUTION AND AMENDING SECTION 20-8(B) RELATED TO PLAN AND SPECIFICATON; REVIEW AND APPROVAL TO AMEND THE ORDINANCE PERTAINING TO THE NUMBER OF FIXTURES REQUIRING PLUMBING PLAN SUBMITTAL AND REVIEW The Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That Section 7-11(B) of the Oshkosh Municipal Code pertaining to street and sidewalk grades is hereby amended to read as follows: SECTION 7-11 STREET AND SIDEWALK GRADES TO BE OBTAINED PRIOR TO CONSTRUCTION (B) Procedure. Before obtaining such grades where none has already been established, the applicant shall pay to the City Treasurer a fee that is listed on the inspection fee schedule and will be established by resolution; and upon being exhibited the Treasurer's receipt, the City Engineer shall then establish such grades for the applicant. SECTION 2. That Section 7 -13(B) & (C)(1) & (2) of the Oshkosh Municipal Code pertaining to building plans is hereby amended to read as follows: SECTION 7 -13 BUILDING PLANS TO BE SUBMITTED (B) All plans and specifications shall be submitted in duplicate; one set shall be returned after approval as hereinafter provided; the other set shall remain on file in the office of the Inspection Services Division. The Inspection Services Division shall collect a fee for the examination of plans for new one or two family dwellings, all one -story additions, or alterations to existing one or two family dwellings, and on site construction of additions to recreational vehicles and mobile homes, and for all additions or alterations larger than one -story to existing one or two family dwellings. All fees for these services will be listed on the inspection fee schedule and will be established by resolution. (C) In accordance with Wisconsin Statutes 101.12(3) and an agreement executed by and between the City of Oshkosh and the State of Wisconsin Department of Safety and Professional Services, the Inspection Services Division may examine essential drawings, calculations and specifications for buildings and structures as described in SPS 361.70. The Department of Safety and Professional Services shall determine and certify the Division staff's competency to examine said drawings, calculations and specifications. The Division of Inspection Services shall collect fees for examination of said plans for deposit in the City Treasury. The fee collected shall be the same as would apply if the examination were made by the Department of Safety and Professional Services in accordance with the State Fee Schedules adopted by the Wisconsin Administrative Code, Chapter SPS 302 (Fee Schedules.) (1) A processing fee shall be assessed for the return of each application for petroleum product storage tanks systems, its components and removals thereof. (2) Where Section SPS 369.10, does not establish a plan examination fee, the Chief Building Inspector shall collect fees for the following: • Flammable Liquid Tank System, Combustible Liquid Tank System, or Component Parts of Tank System (under 5,000 gallon capacity) • Liquid Petroleum Gas, Natural Gas or Compressed Natural Gas (under 125 gallon water capacity tank) All fees for these services will be listed on the inspection fee schedule and will be established by resolution. SECTION 3. That Section 7 -17(E) & (G) of the Oshkosh Municipal Code pertaining to installation permit fees for storage tanks is hereby amended to read as follows SECTION 7 -17 OWNERS TO PAY PERMIT FEES (BEFORE RECEIVING (BUILDING PERMIT (E) Flammable or Combustible Liquids Storage Tanks, Petroleum Product Storage Tanks; Component Parts: Installation and removal permit fees for these services will be listed on the inspection fee schedule and will be established by resolution. (G) In the event activity begins or the Building Inspector finds such activity completed before a permit is issued and the appropriate fees are paid, the owner or agent shall be responsible for and pay the penalty fees in accordance with the inspection fee schedule; however, the payment of such fees shall not relieve any person from fully complying with all of the regulations of this Chapter, nor from any other penalties prescribed in this Code. SECTION 4: That Section 7 -44(B) of the Oshkosh Municipal Code pertaining to application for permit and fees is hereby amended to read as follows: SECTION 7 -44 APPLICATION FOR PERMIT; FEES. (B) An additional fee shall be charged in the event activity begins or the Heating Inspector finds such activity completed before a permit is issued and the appropriate fees are paid. The payment of such additional fees shall not relieve any person from fully complying with all of the regulations of this Chapter, nor from any other penalties prescribed in this Code. Re- inspection fees shall also be charged. All fees for these services will be listed on the inspection fee schedule and will be established by resolution. SECTION 5: That Section 11 -27(C) of the Oshkosh Municipal Code pertaining to application for Type C electrical contractors' license fees is hereby amended to read as follows: SECTION 11 -27 APPLICATION FOR TYPE C ELECTRICAL CONTRACTORS' LICENSE (C) Fees Before such license is granted to an applicant, the applicant shall pay a fee for an original license and thereafter a renewal fee. All fees for these services will be listed on the inspection fee schedule and will be established by resolution. SECTION 6: That Section 11 -28(B) of the Oshkosh Municipal Code pertaining to application for Type M electrical maintenance license fees is hereby amended to read as follows: SECTION 11 -28 APPLICATION FOR TYPE M ELECTRICAL MAINTENANCE LICENSE (B) Fees Before such license is granted to an applicant, the applicant shall pay a fee for an original license and thereafter a renewal fee. All fees for these services will be listed on the inspection fee schedule and will be established by resolution. SECTION 7: That Section 11 -30(C) of the Oshkosh Municipal Code pertaining to application for Type S license fees is hereby amended to read as follows: SECTION 11 -30 APPLICATION FOR TYPE S LICENSE (C) Fees Before such license is granted to an applicant, the applicant shall pay a fee for an original license and thereafter a renewal fee. All fees for these services will be listed on the inspection fee schedule and will be established by resolution. SECTION 8: That Section 11 -31(D) (unnumbered paragraph) & (D)(5) of the Oshkosh Municipal Code pertaining to provisions applicable to all electrical certificate fees is hereby amended to read as follows: SECTION 11 -31 PROVISIONS APPLICABLE TO ALL ELECTRICAL CERTIFICATES (D) Certificates Valid for Three (3) Years All City of Oshkosh Class 2 certificates, and those City of Oshkosh Class 1 and Class 3 certificates which were in effect on the effective date of this ordinance March 28, 2006, shall be issued for a period of three (3) years and shall thereafter automatically expire. Such certificates shall be renewed every three (3) years on or before the date of expiration upon written request of the certificate holder, unless due to extenuating circumstances the time limit is extended by the Board. There will be a fee for renewal. All fees for this service will be listed on the inspection fee schedule and will be established by resolution. (Sections (D)(1) -(4) remain unchanged) (5) A person may renew his or her City of Oshkosh Certificate no later than one term after the expiration of the certification. Upon filing the renewal application, there will be a processing fee (in addition to the Certificate renewal fee) and submittal of the necessary documentation showing compliance with the continuing education requirements described in 11- 31(D)(1). Said continuing education shall be obtained within the 3 year period preceding the renewal application. All fees for this service will be listed on the inspection fee schedule and will be established by resolution. SECTION 9: That Section 11 -34(F) of the Oshkosh Municipal Code pertaining to optional arrangement for Type M License fees is hereby amended to read as follows: SECTION 11 -34 OPTIONAL ARRANGEMENT FOR TYPE M LICENSE (F) Fees for annual permits shall be based on the assessed valuation of buildings and machinery of the holder of such Type M license, excluding the value of the land, as determined by the City Assessor. Said valuation shall apply, whether the applicant is owner or lessee, and the fees shall be determined according to the inspection fee schedule and will be established by resolution. SECTION 10: That Section 11 -36(B) of the Oshkosh Municipal Code pertaining to fees for work without a permit is hereby amended to read as follows: SECTION 11 -36 WORK WITHOUT PERMIT (B) In addition to the foregoing, a fee plus the permit fee amount or double the permit fee, whichever is greater shall be assessed, but the payment of such fees shall not relieve any person from fully complying with all of the regulations of this chapter, nor from any other penalties prescribed in this Code. Fees shall be determined according to the inspection fee schedule and will be established by resolution. SECTION 11: That Section 20- 8(A)(4)(i) of the Oshkosh Municipal Code pertaining to plumbing permits, plan examinations and approval fee schedule is hereby amended to read as follows: SECTION 20 -8 PLUMBING PERMITS, PLAN EXAMINATIONS AND APPROVAL (4) Fees: i. In the event activity begins or the Plumbing Inspector finds such activity completed before a permit is issued and the appropriate fees are paid, an additional fee shall be paid and shall be paid by the owner or agent immediately upon notification from the inspector; however, the payment of such fees shall not relieve any person from fully complying with all of the regulations of this Chapter, nor from any other penalties prescribed in this Code. Fees shall be determined according to the inspection fee schedule and will be established by resolution. SECTION 12: That Section 20 -8(B) of the Oshkosh Municipal Code pertaining to plan and specification; review and approval for fixtures is hereby amended to read as follows: SECTION 20 -8 PLUMBING PERMITS, PLAN EXAMINATIONS AND APPROVAL (B) Plan and Specification; Review and Approval The City of Oshkosh has been designated as an Agent Municipality by the Department of Safety and Professional Services of the State of Wisconsin pursuant to Sections SPS 382.20 and SPS 305, Wis. Adm. Code. Procedures for review and approval of plans and specifications, as set forth therein, shall be followed; except that plan review is required for projects involving the installation, addition or alteration of 10 or more fixtures to be installed in connection with public buildings. SECTION 13: That Section 20- 12.2(B)(6) of the Oshkosh Municipal Code pertaining to Plumbing Code — private wells permit application fees is hereby amended to read as follows: (6) A well permit application fee shall be paid at the time of application for the issuance or reissuance of the permit. Fees shall be determined according to the inspection fee schedule and will be established by resolution. SECTION 14. This ordinance shall be in full force and effect on and after January 1, 2014, except that Section 12 of this ordinance shall be effective on and after March 1, 2014, SECTION 15. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #13 -571 A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 7 -11(B) RELATED TO FEE FOR STREET AND SIDEWALK GRADES; AMENDING SECTION 7- 13(B) &(C)(1) &(2) RELATED TO BUILDING PLANS TO BE SUBMITTED; AMENDING SECTION 7- 17(E) &(G) RELATED TO PAYING PERMIT FEES BEFORE RECEIVING BUILDING PERMIT; AMENDING 7 -44 RELATED TO APPLICATION FOR PERMIT, FEES (HVAC); AMENDING SECTION 11 -27(C) RELATED TO APPLICATION FOR TYPE C ELECTRICAL CONTRACTORS' LICENSE FEES; AMENDING SECTION 11- 28(B) RELATED TO APPLICATION OF TYPE M ELECTRICAL MAINTENANCE LICENSE FEES; AMENDING SECTION 11 -30(C) RELATED TO APPLICATION FOR TYPE S LICENSE FEES; AMENDING SECTION 11- 31(D) &(D)(5) RELATED TO PROVISIONS APPLICABLE TO ALL ELECTRICAL CERTIFICATES FEES; AMENDING SECTION 11 -34(F) RELATED TO OPTIONAL ARRANGEMENT FOR TYPE M LICENSE FEES; AMENDING SECTION 11 -36(B) RELATED TO WORK WITHOUT A PERMIT; AMENDING SECTION 20- 8(A)(4)(i) RELATED TO PLUMBING PERMIT FEES; AMENDING SECTION 20- 12.2(B)(6) RELATED TO PLUMBING — PRIVATE WELLS PERMIT FEES — ALL AMENDED TO INCLUDE FEES WITHIN A FEE SCHEDULE TO BE ADOPTED BY RESOLUTION AND AMENDING SECTION 20- 8(6) RELATED TO PLAN AND SPECIFICATON; REVIEW AND APPROVAL TO AMEND THE ORDINANCE PERTAINING TO THE NUMBER OF FIXTURES REQUIRING PLUMBING PLAN SUBMITTAL AND REVIEW on December 10, 2013. The ordinance removes the fees for inspection related permits and services from the ordinance and references the fee schedule which will be established by resolution for these items. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us Clerk's phone: 9201236 -5011. OfHKOUH DN THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Allen Davis Community Development Director DATE: December 5, 2013 RE: Approval of Building Inspector Late Permit Fees & Plumbing Code update BACKGROUND Staff and City Council reviewed the fees as part of the budget planning. The late permit fee is based on the penalty that is charged for projects that start without the proper permits. The plumbing code change reduces the number of commercial fixtures requiring a plumbing plan review from 16 to 10 fixtures. The fees generated have been incorporated into the City's 2014 Budget. There are other references to fees in the City Code that will be relocated to the Fee Schedule, adopted by resolution. ANALYSIS The late fee increase is based on the levels of non - compliance for the homeowners or contractors not pulling permits in the City. The current double permit fee does not adequately encourage compliance. Other communities in the Fox Valley already charge the triple permit fee. Staff hopes that the increase will encourage more compliance. The triple permit fee should take effect January 1, 2014. The Plumbing Code change relates to the number of fixtures in a commercial building that would trigger a plumbing plan submittal and City staff's review and approval. Currently, 16 fixtures require a plumbing plan submittal, review and approval. It is proposed that 10 fixtures be the trigger for a plumbing plan review, review and approval. The advantages of lowering the fixture count are: • Evidence of Plumbing Code compliance is easier when plans are drawn and reviewed. • Plumbers bidding on a project have a specific plan for plumbing rather than estimating or guessing. • Inspections in the field have the plumbing plans for comparison to actual construction, showing all connections, venting, and fixtures, existing and proposed. • The plumbing in the building is memorialized for future reference so that repairs or expansions are easier and the plumbing is not hidden behind walls- Due to the bidding nature and plan design, staff recommends that the new plumbing code change take effect March 1, 201.4 so that plumbers and designers can factor in the plumbing plan review fee into 2014 projects. The other language changes in the code update relocate the fees from City Code and place it in the Fee Schedule, to be adopted. The relocated fees are not changing with this code update. FISCAL. IMPACT The fees will generate about $39,500. RECOMMENDATION City Council approves the fee and code changes and waives the second reading so the Late Permit Fee can go into effect January 1, 2014. Approved, "/� Z*Iok City Manager