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HomeMy WebLinkAboutItem 12 Second Reading and Public Hearing of Ordinance Amending Chapter 51, Building Code City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: March 4, 2025 Item #: 12 Contact Name: Brett McFarlane Department Director: Ginger Corless Contact Number: Ext. 7145 City Manager: Craig Shadrix Subject: Second Reading of Ordinance Amending Chapter 51, Building Code, Code of Ordinances, Relative to Updated and New Permit Application and Inspection Fees. (Concurrency & Commitment Coordinator McFarlane) Background Summary: The City charges various fees for the purpose of providing necessary regulations to control and regulate building, electrical, plumbing, mechanical, swimming pool, fire, and other contractors and other construction tradesmen who undertake building construction within the City of Ocoee. The Building Division of the Development Services Department is primarily responsible for the collection of these various fees. These fees currently go into the City's General Fund and the Building Division is also funded through the General Fund. On February 19, 2002, the City Commission adopted Ordinance No. 2002-02, which set the amount for various fees related to the enforcement of Chapter 51 of the Ocoee Code of Ordinances, Florida Building Code (FBC), and other applicable codes related to building and construction. In the last 23 years, there has not been a substantial update to the City's permitting and inspection fees. According to the U.S. Labor Department's Bureau of Labor Statistics, inflation has risen by 74.4% from 2002 to 2025. Additionally, the following costs related to the enforcement of Chapter 51, FBC, and other applicable codes have risen steadily since 2002: • Personnel Costs for Building Division • Building Permit IT Software (SAGE) • Maintenance and Purchases of Building Division Equipment to include vehicles • Training and Licensure for Building Division Personnel By looking at what surrounding municipalities, such as Apopka, Winter Garden, and others, charge for permitting and inspection fees, staff have updated the City's existing fees and created new fees for new processes. The attached table details the City's current and new fee amounts that the staff are proposing. Issue: Should the Honorable Mayor and City Commissioners approve the amendments to the City Code of Ordinances, Chapter 51 Building Code? Page 224 of 251 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Recommendations: Staff recommends the Honorable Mayor and City Commissioners approve the amendments to the City Code of Ordinances, Chapter 51 Building Code. Attachments: 1. Ordinance Amending Chapter 51 2. Current and Proposed Fees Comparison 3. Advertisement Financial Impacts: None Type of Item: Second Reading Public Hearing Page 225 of 251 1 ORDINANCE NO. 2025-__________ AN ORDINANCE OF THE CITY OF OCOEE AMENDING SECTIONS 51-128, 51-142, 51-147, 51-151, 51-153, 51-161, AND 51-163 OF CHAPTER 51 BUILDING CODE, OF THE CITY OF OCOEE CODE OF ORDINANCES RELATIVE TO INCREASED AND NEW BUILDING PERMIT APPLICATION AND INSPECTION FEES; PROVIDING FOR SEVERABILITY; PREVAILING IN THE EVENT OF ANY INCONSISTENCY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee (the “City”) approved and adopted Ordinance No. 2002-02 on February 19, 2002, which provided for increased building permit application and inspection fees; and WHEREAS, the City has not substantially increased the City’s building permit application and inspection fees since the approval and adoption of Ordinance No. 2002-02; and WHEREAS, the costs of providing services has increased related to the regulation of building construction and the enforcement of the Florida Building Code and other applicable codes pursuant to Chapter 553, Florida Statutes; WHEREAS, the City Commission desires to revise the City’s building permit and inspection fees; and WHEREAS, the portions of Chapter 51, Building Code, Sections 51-128, 51-142, 51-147, 51-151, 51-153, 51-161, and 51-163 of the Code of Ordinances, are to be amended and modified as described in each section and amended to read as shown herein. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, AS FOLLOWS: Page 226 of 251 2 SECTION 1. That Chapter 51, the “Building Code” Section 51-128 of the Code of Ordinances is hereby amended and modified to amend the fee amount for various building permit and application fees to read as follows (underlined language are additions; stricken-through language are deletions; sections not included are not being modified): § 51-128. – Permit application; fees. A. Application for a permit shall be submitted on forms provided by the Building Department and shall be accompanied by a plot plan and such plans and/or specifications as are necessary to describe the work to be done. Such application shall also be accompanied by a nonrefundable plan review fee, as applicable. B. The valuation of all buildings, structures or alterations requiring a permit shall be performed by the Building and Zoning Official. The Building and Zoning Official shall base his valuation of the building and calculation of permit fees on the following: (1) The building permit fee for one- and two-family residential construction is $30, plus $3.50 per $1,000 $50, plus $5.50 per $1,000 of residential construction cost. (2) The residential construction cost shall be based upon the tables and charts entitled "Building Valuation Data" compiled annually by the International Code Council. Such tables and charts are published each fall in the trade publication entitled "Southern Building" and shall be made available for public inspection in the office of the City Building Department. Such building valuation data will become effective as of January 1 of each year. (3) The building permit fee for commercial construction (all construction other than one- and two-family residential construction) is $30, plus $4.50 per $1,000 $50, plus $5.50 per $1,000 of commercial construction cost. Page 227 of 251 3 (4) Commercial construction cost (construction other than one- and two-family residential construction) shall be based upon the tables and charts entitled "Building Valuation Data" compiled annually by the International Code Council. Such tables and charts are published each fall in the trade publication entitled "Southern Building" and shall be made available for public inspection in the office of the City Building Department. Such building valuation data will become effective as of January 1 of each year. (5) Building permit fees for additions, alterations or repairs shall be calculated at the above rates. (6) Swimming pools and screen enclosures are $30, plus $3.50 per $1,000 $50, plus $5.50 per $1,000 of actual construction cost. (7) Sign permits are $1 $5 per square foot of sign. (8) Seawalls, boat docks and boat houses are $30, plus $3.50 per $1,000 $50, plus $5.50 per $1,000 of actual construction cost. (9) Moving an existing building or structure is as follows: (a) To outside of City: $100, plus expenses. (b) Into or within the City: $200, plus expenses. (c) Relocation on same lot: $50, plus expenses. (d) Demolishing any building or structure: $30 $50 (10) For factory-built housing (mobile homes) park and tie-down the permit fee is $100 $150. In addition to the one-hundred-dollar permit fee, there shall be a nonrefundable inspection fee of $50 $100, plus $1 $3 per mile for any mobile home inspection that is Page 228 of 251 4 located over 50 20 miles from the City limits of Ocoee. If the application is approved, the fifty-dollar one-hundred-dollar fee shall be applied to the park and tie-down permit fee. (11) Residential fFences (all types) are $30 $50 . (12) Electrical connections for tTemporary construction trailers or structures are $30 $50. (13) Roofing: (a) New residential is $30 $50. (b) New commercial is $30, plus $4.50 per $1,000 $50, plus $5.50 per $1,000 of actual construction cost. (c) Residential re-roofing repairs are $30 $50. (d) Commercial re-roofing or roofing repairs are $30, plus $4.50 per $1,000 $50, plus $5.50 per $1,000 of actual construction cost. (14) Commercial pPaving, sidewalks, curb, gutter, and subdivision walls, and fences, including all types of materials, shall be calculated as $30, plus $3.50 per $1,000 $50, plus $5.50 per $1,000 of actual construction cost. Residential paving, sidewalks, curbs and gutters shall be calculated as $50, plus $5.50 per $1,000 of actual construction cost. (15) Water and sewer distribution systems installed by developers or developers' contractors shall be calculated as 2% 2.4% of the contract price. (16) Land clearing or tree removal shall be calculated as and the fee shall be $10 $20 per tree per lot for each lot contained in the legal description of the property to be cleared or $25 $50 per acre, whichever is greater. (17) Plan amendments/revisions are $5 $10 per page. Upon the occurrence of the fourth and subsequent plan amendments/revisions, the fee shall be $20 per page. Page 229 of 251 5 C. Subject to approval of the Building and Zoning Official, actual construction cost may be determined by using the contract price of construction. The contract price of construction shall include structural, electrical, plumbing, interior finish, normal site preparation (excavation and backfill for building), architectural and engineering fees. A copy of the itemized contract shall be required in all instances where contract price is used to determine actual construction cost. D. A permit shall not be issued until the fees prescribed in this section have been paid, nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical or gas systems, has been paid. E. Any person or entity who commences any work on a building, structure, electrical, gas, mechanical or plumbing system or other activity requiring a permit hereunder, before obtaining the necessary permits, shall be subject to a penalty of 100% of the usual permit fee in addition to the required permit fees. F. Notwithstanding the foregoing, the minimum permit fee shall be $30 for permits with a construction valuation over $1,000 and $15 for all permits with a construction valuation of an amount equal to or less than $1,000. $50 for permits with a construction valuation over $1,000 and $25 for all permits with a construction valuation of an amount equal to or less than $1,000. G. Plan review, inspections and reinspections. In addition to any permit fees payable as provided in this article, the following plan review and inspection fees must also be paid prior to the issuance of any permit, except as provided in subsection (c) below: (1) Plan review and inspection fees: Page 230 of 251 6 (a) Residential Building: 1/2 of permit fee for plan review, in addition to permit fee. (b) Commercial Building: 1/2 of 1% of value of construction for plan review, in addition to permit fee. (c) Commercial Fire and Commercial Fire Re-inspection Fees shall be calculated as identified under § 78-9. - Plan review; permits; inspections; fees and § 78-10. - Re-inspections; fees. (c) (d) New Ccommercial (applicable only to projects where the value of construction exceeds $200,000): (i) $1,000 nonrefundable application fee due at time of application (to be credited to the total plan review fee); and (ii) ½ of 1% of value of construction for plan review, in addition to the permit fee, to be paid at the time when the building permit is issued. [Amended 6-17-2014 by Ord. No. 2014-012] (2) Plan review fees shall not be charged for construction projects when construction plans or drawings are not required. (3) Reinspection fees: (a) First reinspection: $25 $40. (b) Second and third reinspection for the same noncompliance: $40 $60. (c) Third reinspection for the same noncompliance: $80. Page 231 of 251 7 (c) (d) Fourth and subsequent reinspections for the same noncompliance: $100 $120. (4) Requests for special after-hours (other than normal working hours, weekends or holidays) inspections shall be submitted to the Building and Zoning Official, in writing, by the contractor 48 hours in advance of the requested inspection. The minimum number of hours that will be approved is three four hours. No inspection(s) will be approved until the inspection fees have been paid. The rate per hour for special after-hours inspections is $50 $80. (5) Refunds will not be issued for permit applications and plan review fees once they have been submitted and reviewed. Only refunds for hardships will be at the discretion of the Development Services Director or City Building Official. (6) A fee will be assessed for any changes to the main contractor and/or subcontractors listed on a permit application. Each change in contractor will be assessed with a fee of $30 per change out. H. The fees charged pursuant to this section are in addition to any fees which may from time-to- time be charged by the City related to compliance with the Florida Fire Prevention Code and any local amendments thereto adopted by the City Commission. SECTION 2. That Chapter 51, the “Building Code” Section 51-142 and Section 51-147 of the Code of Ordinances is hereby amended and modified to amend the fee amount for various building permit and application fees related to electrical permits to read as follows (underlined language are additions; stricken-through language are deletions; sections not included are not being modified): Page 232 of 251 8 § 51-142. – Permit application; fees. Applications for permits shall be submitted on forms provided by the Building Department. Such application shall be accompanied by the following permit fees: A. Standard fees for commercial and residential electrical permits of 1,000 volt-amperes or less are based on the total amperage of the service installation. One electrical permit is required for each recording watt-hour meter service. Should circumstances make it practical to issue one permit involving more than one watt-hour recording meter service, the fee shall be calculated using the sum of the fees of the total number of individual watt-hour meter services. B. Standard permit fees are calculated by the following method: (1) Minimum electrical permit fee: $30 $50. (2) Phase 240 volt-amperes. Phase 120 – 208 – 240 volt-amperes Volt-Amperes Fee 0 to 150 $104.00$60.00 151 to 200 $130.00$75.00 201 to 400 $165.00$95.00 401 to 600 $251.00 $145.00 601 to 800 $338.00$195.00 801 to 1,000 $424.00 $245.00 (3) Phase 208 to 240 volt-amperes. Volt-Amperes Fee 0 to 150 $104.00 151 to 200 $130.00 201 to 400 $165.00 401 to 600 $251.00 601 to 800 $338.00 801 to 1,000 $424.00 (4) (3) Phase 480 volt-amperes. Volt-Amperes Fee 0 to 150 $208.00 Page 233 of 251 9 151 to 200 $260.00 201 to 400 $330.00 401 to 600 $502.00 601 to 800 $676.00 801 to 1,000 $848.00 (5) (4) For all commercial permits over 1,000 volt-amperes, the fee shall be $30 $50, plus $10 per $1,000 or fraction thereof of contract price, plus $5 per 100 amps of service. (6) (5) For all commercial and residential additions, alterations or repairs not requiring a new service, the fee shall be $30, plus $10 per $1,000 or fraction thereof of contract price over $3,000 $50, plus $10 per $1,000 or fraction thereof of contract price over $3,000. C. Specialty fees: (1) Swimming pool: (a) Residential: $30 $50. (b) Commercial: $60 $75. (2) Sign connection: $30 $50. D. Meter services: (1) Construction trailers: $30 $50. (2) Irrigation systems: $30 $50. (3) Sanitary lift stations/similar uses: $30 $50. § 51-147. – Reinspection; fees. In the event that the Building and Zoning Official, upon inspection, shall find any work not in compliance with this article, the person doing said work shall promptly do everything necessary Page 234 of 251 10 to bring said work within the requirements of this article. The Building and Zoning Official shall then, upon notice from such person, reinspect said work after payment of the following fees: A. First reinspection: $25 $40. B. Second and third reinspection for the same noncompliance: $40 $60. C. Third reinspection for the same noncompliance: $80. CD. Fourth and subsequent reinspections for the same noncompliance: $100 $120. SECTION 3. That Chapter 51, the “Building Code” Section 51-151 and Section 51-153 of the Code of Ordinances is hereby amended and modified to amend the fee amount for various building permit and application fees related to mechanical permits to read as follows (underlined language are additions; stricken-through language are deletions; sections not included are not being modified): § 51-151. Fees. Permit fees shall be based on the contract price or selling price of an installation or alteration. Permit fees for air conditioning, heating and ventilation installations or alterations are as follows: A. Up to and including the first $1,000: $30 $50. B. For each additional $1,000 or fraction thereof up to $25,000: $10. C. For each additional $1,000 or fraction thereof over $25,000: $6. § 51-153. - Reinspections; fees. A. In the event that the Building and Zoning Official, upon initial inspection, shall find said work not in compliance with this article, the person doing said work shall promptly do everything necessary to bring said work within the requirements of this article. The Building and Zoning Page 235 of 251 11 Official shall then, upon notice from such person, reinspect said work after payment of the following fees: (1) First reinspection: $25 $40. (2) Second and third reinspections for same noncompliance: $40 $60. (3) Third reinspection for the same noncompliance: $80. (3) (4) Fourth and subsequent reinspections for same noncompliance: $100 $120. B. Requests for special after-hours (other than normal working hours, weekends or holidays) inspections shall be submitted to the Building and Zoning Official, in writing, by the contractor 48 hours in advance of the requested inspection. The minimum number of hours that will be approved is three four hours. No inspection(s) will be approved until the permit fee has been paid. The rate per hour shall be $50 $80. SECTION 4. That Chapter 51, the “Building Code” Section 51-161 and Section 51-163 of the Code of Ordinances is hereby amended and modified to amend the fee amount for various building permit and application fees related to mechanical permits to read as follows (underlined language are additions; stricken-through language are deletions; sections not included are not being modified): § 51-161. Permit fees. A. All plumbing and gas permits for residential (one- and two-family homes) shall be $30, plus $3 per fixture or appliance new residential/and or new additions (one- and two-family homes) shall be $100. B. All residential re-pipe permits shall be $50. Page 236 of 251 12 C. All residential plumbing or gas alterations and/or repairs shall be $50, plus $5.50 per $1,000 of actual cost or fraction thereof. B. D. Commercial plumbing and gas permits shall be based on the contract or selling price of the installation or alteration. The permit fee shall be $30, plus $3.50 per $1,000 $50, plus $5.50 per $1,000 of actual cost or fraction thereof. C. E. All residential irrigation permits shall be $30 $50. D. F. All commercial irrigation permits shall be $30, plus $3.50 for each $1,000 $50, plus $5.50 for each $1,000 of actual cost or fraction thereof. § 51-163. Reinspections; fees. A. In the event that the Building and Zoning Official, upon initial inspection, shall find work not in compliance with this article, the person doing said work shall promptly do everything necessary to bring said work within the requirements of this chapter. The Building and Zoning Official shall then, upon notice from such person, reinspect said work after payment of the following fees: (1) First reinspection: $25 $40. (2) Second and third reinspections for the same noncompliance: $40 $60. (3) Third reinspection for the same noncompliance: $80. (3) (4) Fourth and subsequent reinspections for the same noncompliance: $100 $120. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent Page 237 of 251 13 jurisdiction, such portion shall be deemed a separate, severed, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 6. Conflicting Ordinances. This ordinance prevails in the event of any inconsistency with all ordinances or parts of ordinances in conflict herewith. SECTION 7. Effective Date. This Ordinance shall become effective upon April 8, 2025. [Signatures to Follow] Page 238 of 251 14 PASSED AND ADOPTED this _______ day of _____________________, 2025. ATTEST: Melanie Sibbitt, City Clerk (SEAL) APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ______ day of __________________, 2025. FISHBACK DOMINICK By: Richard S. Geller City Attorney ADVERTISED ___________________, 2025 READ FIRST TIME ______________, 2025. READ SECOND TIME AND ADOPTED _______________________________, 2025. UNDER AGENDA ITEM NO. _______ Page 239 of 251 Fee Type Current Fee Amounts Proposed Updated and New Fee Amounts Work Without Permit Fee + 100%Unchanged Minimum Permit Fees - Under Construction Value over $1,000.00-Fee $30 Construction Value over $1,000-Fee $50 Single Family Residence $30 + $3.50/$1,000.00 Construction Value $50 + $5.50/$1,000.00 Construction Value Paving, Sidewalks, Curbs, Gutter, and Subdivision Walls Commercial ***New Category*** $50 + $5.50/$1000 Construction Value Residential ***New Category*** $50 + $5.50/$1000 Construction Value Commercial Permit Fees $30 + $4.50/$1,000.00 Construction Value $50 + $5.50/$1000 Construction Value Mobile Homes $100/Tie Down $150/Tie Down Manufactured Homes Inspection Fee $50 + $1/Mile Over 50 Miles Inspection Fee $50+$3/mile over 20 Miles Demo Permit $30.00 $50.00 Roof-Residential New $30.00 $50.00 Re-Roof-Residential/ Roof Repair-Residential $30.00 $50.00 Roof-Commercial $30 + $4.50/$1,000.00 Construction Value $50 + $5.50/$1,000.00 Construction Value Fencing-Residential $30.00 $50.00 Fencing-Commercia $30.00 $50 + $5.50/$1,000.00 Construction Value Temporary Construction Trailers or Structures (Temporary Use Permits) $30.00 $50.00 Sign Permits $1 per SQ FT $5 per SQ FT ELECTRICAL Specialty Electric (Pools-residential, Sign Connection; Construction Trailers; Sanitary Lift Stations; Irrigation Systems or Similar Uses) $30.00 $50.00 Pool Commercial $60.00 $75.00 Minimum Fee $ 30/+ Phase/Volt Amperage $ 50/+ Volt Amperage Phase 240 Volt-Amperes Volt-Amperes 0 to 150 $60.00 ***Remove this Table*** 151 to 200 $75.00 ***Remove this Table*** 201 to 400 $95.00 ***Remove this Table*** 401 to 600 $145.00 ***Remove this Table*** 601 to 800 $195.00 ***Remove this Table*** 801 to 1,000 $245.00 ***Remove this Table*** Phase 208 to 240 Volt-Amperes 120 - 208 - 240 Volt Amperes Volt-Amperes Fee Fee 0 to 150 $104.00 $104.00 151 to 200 $130.00 $130.00 201 to 400 $165.00 $165.00 401 to 600 $251.00 $251.00 601 to 800 $338.00 $338.00 801 to 1,000 $424.00 $424.00 Page 240 of 251 Fee Type Current Fee Amounts Proposed Updated and New Fee Amounts Phase 480 Volt-Amperes 480 Volt-Amperes Volt-Amperes Fee Fee 0 to 150 $208.00 $208.00 151 to 200 $260.00 $260.00 201 to 400 $330.00 $330.00 401 to 600 $502.00 $502.00 601 to 800 $676.00 $676.00 801 to 1,000 $848.00 $848.00 Commercial Electrical over 1,000 Amps $30.00 + $10.00/$1,000.00 Construction Value $50.00 + $10.00/$1,000.00 Construction Value MECHANICAL Up to $1,000.00 $30.00 $50.00 $1000.00-$25,000.00 $30.00 + $10.00/$1,000.00 Construction Value $50.00 + $10.00/$1,000.00 Construction Value $25,000.00+$30.00 + $10.00/$1,000.00 Value + $6/$1000.00 (Over $25k) $50.00 + $10.00/$1,000.00 Value + $6/$1000.00 (Over $25k) PLUMBING Residential (New and Additions) $30+ $3/Fixture $100.00 Repipes $30+ $3/Fixture $50.00 Plumbing or Gas Alterations or Repairs ***New Category*** $50 + $5.50/$1,000.00 Construction Value Commercial $30+$3.50/$1,000.00 Construction Value $50 + $5.50/$1,000.00 Construction Value Residential Irrigation $30.00 $50.00 Commercial Irrigation $30+$3.50/$1,000.00 Construction Value $50 + $5.50/$1,000.00 Construction Value Water Sewer Systems 2% of Contract Price/Value 2.4% of Contract Price/Value Change Contractor/Sub Contractors on Permit ***New Category*** $30.00 Per Name Change Out PLAN REVIEW Residential 1/2 of Permit Fee for Plan Review No Change Commercial 1/2 of 1% of Value of Construction No Change Fire 1/4 of 1% of Value of Construction Add Reference to Fee in Chapter 78, no Change in Amount Plan Amendment/Revision $5/Page then $20/Page for 4th Resubmission with Same Issue $10/Page then $20/Page for 4th Same Issue Reinspection Fees 1st Reinspection $25.00 $40.00 2nd Reinspection $40.00 $60.00 3rd Reinspection $40.00 $80.00 4th and after Reinspection $100.00 $120.00 After Hours Inspections 48 Hour Notice/$50.00 per Hour/Min of 2 Hours 48 Hour Notice/$80.00 per Hour/Min of 4 Hours Page 241 of 251 West Orange Times c/o Business Observer 1970 Main Street 3rd Floor Sarasota, FL 34236 , 941-906-9386 x322INVOICE Legal Advertising Attention: If you are a government agency and you believe that you qualify for a 15% discount to the second insertion of your notice per F.S. revision 50.061, please inform Kristen Boothroyd directly at 941-906-9386 x323. NOTICE The Business Observer makes every effort to ensure that its public notice advertising is accurate and in full compliance with all applicable statutes and ordinances and that its information is correct. Nevertheless, we ask that our advertisers scrutinize published ads carefully and alert us immediately to any errors so that we may correct them as soon as possible. We cannot accept responsibility for mistakes beyond bearing the cost of republishing advertisements that contain errors . Page 242 of 251