HomeMy WebLinkAboutItem 03 Approval of Interlocal Agreement for Permit Inspection and Review and Fire Services with the Town of Windermere
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: October 6, 2026
Item #: 3
Contact Name: Charles Van Camp Department Director: Thomas Smothers
Contact Number: Ext. 2006 City Manager: Craig Shadrix
Subject: Approval of Interlocal Agreement for Permit Inspection and Review and Fire Services
with the Town of Windermere. (Fire Chief Smothers)
Background Summary:
Pursuant to the Interlocal Agreement dated August 1, 2023, the City of Ocoee provides the Town of
Windermere with fire protection and suppression, emergency medical and ambulance transport services,
emergency rescue and fire investigation services, public service incident response, and fire-related permit
inspection and review services.
The current agreement expired on September 30, 2026. The City of Ocoee and the Town of Windermere
desire to enter into a new Interlocal Agreement to continue these services for an additional four (4) year
term. The proposed agreement also provides for an annual adjustment to the service fee during the term of
the agreement.
Issue:
Should the Honorable Mayor and City Commission approve to enter into an Interlocal Agreement with the
Town of Windermere for Permit Inspection and Review and Fire Services?
Recommendations:
Staff recommends that the Honorable Mayor and City Commission approve to enter into an Interlocal
Agreement with the Town of Windermere for Permit Inspection and Review and Fire Services.
Attachments:
1. Windermere Interlocal Agreement Proposal 2026
Financial Impacts:
The fee for services shall be in the amount of $1,100,000.00 the first year and shall increase each year of the
agreement. Any revenue collected for permitting or inspection services will remain with the City of Ocoee.
Type of Item: Consent
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INTERLOCAL AGREEMENT FOR
PERMIT INSPECTION AND REVIEW
AND FIRE SERVICES
THIS INTERLOCAL AGREEMENT (this "Agreement"), is entered into and effective as of
October 1, 2026, by and between the CITY OF OCOEE, FLORIDA, a municipal corporation created by
and existing under the laws of the State of Florida, whose mailing address is c/o Ocoee Fire Department, 563
South Bluford Avenue, Ocoee, Florida 34761 ("Ocoee"), and the TOWN OF WINDERMERE, FLORIDA,
a municipal corporation created by and existing under the laws of the State of Florida, whose mailing address
is P.O. Drawer 669, Windermere, Florida 34786 ("Windermere").
WITNESSETH:
WHEREAS, Section 163.01, Florida Statutes, known as the “Florida Interlocal Cooperation Act of
1969” authorizes local governments to make the most efficient use of their powers by allowing them to
cooperate with other localities on a basis of mutual advantage and thereby provide services and facilities that
will harmonize geographic, economic, population, and other factors influencing the needs and development
of local communities; and
WHEREAS, Ocoee presently has the manpower, equipment, and ability to process, review, and
provide inspection relating to fire permits and plans on behalf of Windermere, and to provide fire
investigation, hazard mitigation, fire code enforcement and other fire and emergency related services to
Windermere; and
WHEREAS, Ocoee desires to process, review, and provide inspection relating to fire permits
and plans in exchange for the direct payment of fees by applicant and Windermere authorizes Ocoee to
provide such services for its applicant and citizens; and
WHEREAS, Ocoee desires to provide certain fire and emergency related services to Windermere in
exchange for the payment of annual fees by Windermere and Windermere desires to purchase such services
from Ocoee; and
WHEREAS, the City Commission of Ocoee has authorized Ocoee to enter into this Agreement, and
the Town Council of Windermere has authorized Windermere to enter into this Agreement.
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NOW, THEREFORE, in consideration of the premises and the mutual promises, terms and
conditions contained herein and of other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Windermere and Ocoee hereby agree as follows:
1. FIRE INSPECTION AND PERMIT REVIEW SERVICES:
A. Provision of Services. Ocoee hereby agrees to process, review, and provide inspection relating
to fire permits (with such services being collectively referred to as "Fire Permit Review Services"), to
the citizens and properties located within the corporate limits of Windermere along with its provision of
such services to the citizens and properties located within the corporate limits of Ocoee. As a result of this
Agreement, Windermere will not provide fire permit review services directly to its citizens or
properties located within its corporate limits. When applying for a fire permit, this Agreement authorizes
Ocoee to collect all necessary application information and fees directly from applicants residing in or doing
business in Windermere, including its citizens, at the time of application for a permit. This Agreement
authorizes Ocoee to enforce the provisions of said permits. This Agreement is a contract for the provision
of services and shall not, in any manner whatsoever, constitute a transfer of municipal home rule powers.
This Agreement is solely an interlocal agreement to provide services authorized by Chapter 163, Florida
Statutes.
B. Payment of Fees. At the time of an application for Fire Permit Review Services, applicants shall remit
directly to Ocoee per Resolution 2025-03, which is attached hereto as Exhibit “A”, with the updated fee
schedule listed on Exhibit “B” , attached. These fees may be changed with 30 days written notice from Ocoee to
Windermere.
C. Scope of Services. The parties hereto agree as follows:
(1) Ocoee Fire Department shall be the primary department authorized to engage in Fire Permit Review Services
per this Agreement. Fees for all services are described in Exhibit “B”, attached hereto.
(2) Separate permits will be required for fire protection systems.
(3) In addition to any fees paid by applicant to Ocoee at the time of application for a building permit, at the time of
such application, the applicant shall also pay a nonrefundable plan review fee for review by the Ocoee Fire
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Department, as described in Exhibit “B”, attached hereto.
In the event that the Ocoee Fire Department, upon initial inspection, shall find work not in compliance with the
Florida Fire Prevention Code, the person doing said work shall promptly do everything necessary to bring said work
within the requirements of the Florida Fire Prevention Code. The Ocoee Fire Department shall then, upon notice
from such person, reinspect said work after payment of the fees outlined in Exhibit “B”, attached hereto.
D. Florida Fire Prevention Code. Inspections and Fire Permit Review Services set forth in this
Agreement shall be conducted in accordance with Chapter 633, Florida Statutes, and the provisions of the
current edition of the Fire Protection Code, adopted pursuant to state law.
E. Inspection. Inspections required in the context of Fire Permit Review Services, as set forth in this
section, are in addition to and shall not be construed to conflict with the annual fire inspections on commercial
properties referenced in Section 2 of this Agreement. Inspections shall be conducted by and through Ocoee
Fire Department and Fire Department officers and employees.
F. Duties and Level of Service. Ocoee shall provide substantially the same Fire Permit Review Services
for residents of Windermere that are available and provided to the residents of Ocoee. The rendition of service,
standards of performance, and other matters incident to performance of services and control of personnel will
be controlled exclusively by Ocoee. Additionally, during the performance of Fire Permit Review Services for
citizens and applicants of Windermere, all officers and employees of Ocoee shall perform only those functions
that are within the scope of the duties and responsibilities of such officer or employee in the performance of
such Fire Permit Review Services for Ocoee. This Agreement shall not be construed to impose any obligation,
duty or responsibility whatsoever on Ocoee to provide any specific types, kinds, or numbers of personnel or
equipment within the corporate limits of Windermere at any specific time.
2. FIRE SERVICES:
A. Provision of Services. Ocoee hereby agrees to provide Fire Protection Services, Fire Suppression
Services, Emergency Medical Services & Transportation, Emergency Rescue Services, Fire Investigation
Services and Public Service Incident Responses (with such services being defined herein and collectively
referred to as the "Fire Services"), to the citizens and properties located within the corporate limits of
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Windermere along with its provision of such services to the citizens and properties located within the
corporate limits of Ocoee. As a result of this Agreement, Windermere does not intend to provide Fire
Services directly to its citizens and properties located within its corporate limits. Windermere hereby agrees
to pay certain fees, as hereinafter defined, to Ocoee for the provision of such Fire Services by Ocoee during
the term of this Agreement. This Agreement is a contract for the provision of services and shall not, in any
manner whatsoever, constitute a transfer of municipal home rule powers. This Agreement is solely an
interlocal agreement to provide services authorized by Chapter 163, Florida Statutes.
B. Definitions:
i. Emergency Medical Services & Transportation. -Timely response to an incident
requiring medical aid by qualified personnel and properly equipped emergency vehicles in order to provide
first aid, basic life support, advanced life support, transportation of patients to appropriate emergency facilities, and
other related services.
ii. Emergency Rescue Services. - Timely response of qualified personnel and
equipment to mitigate a threat to life or property caused by unusual conditions or accidents, including, but not
limited to, automobile accidents, industrial/agricultural accidents, and accidents involving building structural
failure.
iii. Fire Investigation Services. - The investigation into the source, cause and
circumstances of fire incidents.
iv. Fire Protection Services. -All public services which are provided to protect people
and property from damage and harm caused by fire, smoke and heat, which include, but are not limited to, fire
prevention activities, fire inspection, fire safety education, fire control or suppression, and responses to
emergencies involving hazardous materials. Fire inspections shall be limited to annual fire inspections on
commercial properties and shall not be deemed to include the inspection/testing of fire hydrants. (Refer to
Section 1, above, for Permit Inspection and Review Services regarding initial plan and/or building permit
reviews.) Fire safety education shall be limited to providing fire safety literature, bulletins and community
outreach programs, upon request and subject to availability, to schools, churches and governmental buildings
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substantially consistent with and with similar frequency to those provided in Ocoee at schools, churches and
governmental buildings. Responses to emergencies involving hazardous materials shall be limited to first
response clean-up only subject to capabilities based on the substance and shall not be deemed to include
substantive site clean-up or product or soil removal.
v. Fire Suppression Services. - Immediate response by qualified personnel with
properly equipped apparatus to a threat to life or property caused by the release of smoke, fire or heat, for the
purpose of eliminating that hazard.
vi. Public Service Incident Response. –That service resulting from a request for non-
emergency assistance by an individual which may include, but is not limited to, the following:
a. provision of non-emergency assistance to an individual who is locked-in
or locked-out from a vehicle or a structure;
b. provision of assistance and supervision regarding the maintenance,
installation, repair, or operation of a fire protection system in a residential or
commercial building or structure; and
c. provision of assistance to the general public regarding fire prevention
and safety.
C, Tanker. The Town of Windermere agrees to purchase a new tanker truck to replace the
current tanker during fiscal year 2029/2030. The parties acknowledge that Windermere owns the tanker truck
that is currently being housed at Ocoee’s fire station on Maguire Road. Under this Agreement, Windermere
shall continue to own the tanker truck and will insure the same, naming Ocoee as an additional insured. Ocoee
shall have the right to use the tanker truck in its normal day-to-day activities in providing the Fire Services in
Windermere and in Ocoee. During the term of this Agreement, Ocoee agrees to be responsible for the routine
maintenance and repair of the tanker truck and shall continue to house the tanker truck at the fire station on
Maguire Road or such other location as determined by Ocoee. term of this Agreement.
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D. Administrative Agent. Ocoee hereby agrees to administer this Agreement by and through
its Fire Department and Fire Department officers and employees.
E. Duties and Level of Service. Ocoee shall provide substantially the same Fire Services for
residents of Windermere that are available and provided to the residents of Ocoee. The rendition of service,
standards of performance, discipline of officers and employees, and other matters incident to performance of
services and control of personnel will be controlled exclusively by Ocoee. Additionally, during the
performance of Fire Services for Windermere, all officers and employees of Ocoee shall perform only those
functions that are within the scope of the duties and responsibilities of such officer or employee in the
performance of such Fire Services for Ocoee. This Agreement shall not be construed to impose any obligation,
duty or responsibility whatsoever on Ocoee to provide any specific types, kinds, or numbers of fire or
emergency personnel, equipment or apparatus at any fire station or other facility in Ocoee or at any emergency
scene within the corporate limits of Windermere at any specific time.
F. Payment of Fees. Windermere hereby agrees to pay to Ocoee an annual fee
(collectively, the “Fees”) for the provision of Fire Services pursuant to the terms and conditions of this
Agreement. The annual Fees in the amount of $1,100,000 for the first year of this agreement shall be remitted
in two (2) equal biannual payments and shall be due and payable to Ocoee on February 1 and May 1 for each
year of this agreement, with the first payment of $550,000 being due and payable on February 1, 2027, and the
second payment of $550,000 being due and payable on May 1, 2027. The fees for the second year of this
agreement shall be $1,178,000 with the first payment of $589,000 being due and payable on February 1, 2028,
and the second payment of $589,000 being due and payable on May 1, 2028. The fees for the third year of this
agreement shall be $1,312,475 with the first payment of $656,237.50 being due and payable on February 1,
2029, and the second payment of $656,237.50 being due and payable on May 1, 2029. The fee for the fourth
year of this agreement shall be $1,405,541 with the first payment of $702,770.50 being due and payable on
February 1, 2030, and the second payment of $702,770.50 being due and payable on May 1, 2030.
In the event this Agreement is extended beyond the Initial Term, the Fees for each year shall increase by three
percent (3%) over the Fees for the prior year, unless the parties agree to different Fees amount as part of the
extension of the term. In the event payment is not made on a timely basis, a late charge at the rate of twelve percent
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(12%) per annum shall be added to Windermere’s Fees due and owing to Ocoee. Interest shall be compounded and
computed daily, based on a 365-day year, commencing the first calendar day after the due date. If payment is more
than thirty (30) days delinquent, Ocoee may terminate this Agreement as provided herein.
G. Ancillary Fees/Charges. The parties acknowledge and agree that Ocoee may invoice,
collect, and retain fees from Windermere residents for EMS transportation, as well as collect from residents
and businesses based on false alarm fees in accordance with the fee schedules adopted by Ocoee. Ocoee may
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also invoice, collect, and retain fees from residents or businesses within Windermere whose negligent or
unlawful acts cause an incident resulting in an emergency response.
3. Employee Status. Persons employed by Ocoee in the performance of this Agreement shall
remain employees of Ocoee for all purposes and shall not have any claims against Windermere for pension
rights, workers' compensation, unemployment compensation, civil service rights, or other employees' rights
or privileges granted by Federal, state or local law or by Windermere to its officers and employees. Further,
Ocoee agrees that Windermere shall assume no liability for the payment of salary, wages, or other
compensation or entitlement to officers, agents, or employees of Ocoee who perform Fire Permit Review
Services o r Fire Services to Windermere as provided in this Agreement.
4. Agency Relationship. For the purposes of this Agreement, Ocoee shall be an agent of
Windermere entitled to exercise all municipal and corporate powers of Windermere in the same manner as if
the Fire Permit Review Services or Fire Services and other related services set forth herein were being
performed by employees of Windermere.
5. Equal Employment. Ocoee hereby acknowledges that it adheres to the policies and
regulations of the Equal Employment Opportunity Commission as set forth in Chapter XIV of the Code of
Federal Regulations which provide for the equality of opportunity, both before and during employment with
any local department or agency, for all applicants and employees, regardless of race, color, sex, religion,
national origin, marital status, or other similar factors that are not job related. Such policy applies to all levels
of employment for Ocoee and to all job classifications. In addition, it is the responsibility of each division within
Ocoee and each department head or supervisor to give the non-discrimination policy full support by leadership
and by personal example. Further, it is the duty of each employee to help maintain the work environment which
is conducive to and which effectuates Ocoee's commitment and philosophy to equal employment opportunity.
6. Cooperation. To facilitate performance of this Agreement, Ocoee hereby agrees to fully
cooperate with Windermere with regard to the provision of Fire Permit Review Services and Fire Services, and
Windermere hereby agrees to fully cooperate with Ocoee regarding the same.
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7. Term of Agreement. This Agreement shall be effective for a period of four (4) years commencing
on October 1, 2026, and expiring on September 30, 2030 (the "Initial Term"), unless otherwise terminated as
provided below. Upon the expiration of the Initial Term or upon the expiration of each subsequent one-year
period thereafter, the term of this Agreement may be extended for an additional period of one (1)year upon the
receipt by Ocoee of Windermere's written notice of intention to extend this Agreement. Such notice must be
delivered to Ocoee on or before January 1, 2030, with respect to the Initial Term and on or before January 1st
of each year thereafter with respect to any renewal terms in order to allow each City to adjust its respective budget
by March 1st for the next fiscal year. Upon receipt of such notice of Windermere's intention to extend the then term
of this Agreement, Ocoee may, at its sole option, elect to terminate this Agreement at the end of the current term
or to extend this Agreement for an additional one-year term, all by written notice to Windermere delivered within
forty-five (45) days of receipt of notice from Windermere of its intention to extend this Agreement. For purposes
hereof, "term" shall mean the Initial Term and any subsequent one-year extension of this Agreement. Additionally,
for the purposes hereof "year" shall mean each contract year of this Agreement which commences on October 1st
and ends on the following September 30th and corresponds to the fiscal years of Ocoee and Windermere.
8. Disputes. If a dispute arises regarding the services rendered under this Agreement, then the
City Managers of Ocoee and Windermere shall proceed in good faith to resolve any such dispute. In the event
that the disputed matter is not resolved to the satisfaction of the parties, each party may avail itself to the
remedies available at law or in equity. This Agreement shall be construed by and governed by the laws of the
State of Florida. Any and all legal action necessary to enforce this Agreement shall be held in Orange County,
Florida.
9. Annexation.
A. Windermere shall keep Ocoee advised regarding annexations and the corporate limits of
Windermere in order that Ocoee may provide Fire Permit Review Services and Fire Services to properties
added to Windermere subsequent to the date hereof. Ocoee shall not be obligated to provide Fire Permit
Review Services and Fire Services to properties annexed into the corporate limits of Windermere unless
and until Ocoee receives from Windermere written notice of such annexations along with a street
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address for such properties.
B. The parties agree that the Fire Services fees, as provided in Section 2F of this Agreement, are based
on Ocoee providing Fire Services in the corporate limits of Windermere as of the effective date of this
Agreement. In the event the corporate limits of Windermere are expanded significantly due to the
annexation of multiple properties and/or subdivisions, the Fire Services fees provided in Section 2F
shall be renegotiated and adjusted accordingly. Provision of services and the adjustment of Fire
Services fees shall only become effective upon the execution of an amendment to this Agreement by
both parties.
10. Termination.
(A) This Agreement shall expire at the end of the term unless one party shall notify
the other party by one-year written notice of its intention to terminate this Agreement, in which event the term
of this Agreement shall expire on the first September 30th following the end of the one-year notice period.
(B) Further, the term may be terminated by either party in the event that the other party
shall violate or fail to perform any material obligation of such party under this Agreement, and such violation
or failure shall continue for a period of sixty (60) days after notification of such breach by the other party.
Such termination shall be effective not less than ninety (90) nor more than one hundred twenty (120) days
after delivery of written notice of termination to the breaching party; provided, however, with regard to Fire
Services, if Ocoee terminates this Agreement pursuant to this subsection, Windermere shall be obligated to
pay to Ocoee on a pro-rata basis for the services rendered in any partial year and Ocoee agrees to continue
providing the Fire Services until either Windermere has obtained replacement Fire Services or has had an
adequate period of time to obtain such replacement Fire Services.
11. Notices. All notices required to be given under this Agreement shall be in writing, and deemed
sufficient to each party when sent by Certified United States Mail, return receipt, to the City Manager of the other
party.
12. Amendment. Except for changes in Fire Permit Review Services fees, as described in section 1.B.
and 9.A. of this Agreement, this Agreement shall be modified, amended or altered only by an instrument in writing
signed by both parties, and such execution by Windermere shall be valid and binding against Windermere only if
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expressly approved by its Town Council at a legally valid meeting thereof and such execution by Ocoee shall be
valid and binding against Ocoee only if expressly approved by its City Commission at a legally valid meeting
thereof, and provided the execution of such amendment conforms to all the federal, state and local laws, rules,
procedures and ordinances applicable to the execution of this Agreement.
13. Entire Agreement. The Agreement contains the entire agreement between Ocoee and Windermere
with respect to the subject matters hereof and supersedes any prior agreements or understandings, written or oral,
between the parties. The preparation of this Agreement has been a joint effort of the parties, and the resulting
document shall not, solely as a matter of judicial constraint, be construed more severely against one of the parties
than the other. Neither party shall assign, delegate, or otherwise transfer its rights and obligations as set forth in this
Agreement to any other entity without the prior written consent of the other.
14. Filing. This Agreement and subsequent amendments thereto shall be filed by the parties with the
clerk of the Circuit Court of Orange County, Florida, in conformance with Section 163.01(11), Florida Statutes.
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IN WITNESS WHEREOF, the parties hereto set their hands and seals, all on the day and year first
above written.
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
City Attorney
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
, 2026 , UNDER AGENDA
ITEM NO.
ATTEST:
Town Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
TOWN OF WINDEREMERE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
THIS DAY OF , 2026
By:
Town Attorney
APPROVED:
TOWN OF WINDERMERE, FLORIDA
Mayor
APPROVED BY THE WINDERMERE TOWN
COUNCIL AT A MEETING HELD ON
, 2026, UNDER AGENDA
ITEM NO.
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EXHIBIT A
Resolution 2025-03
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RESOLUTION NO. 2025-03
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ADOPTING A SCHEDULE OF FEES FOR FIRE PERMITS
AND RELATED SERVICES PROVIDED BY THE CITY IN
ACCORDANCE WITH CHAPTER 78 OF THE CITY OF
OCOEE CODE OF ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 4, 2018, the City Commission of the City of Ocoee (the “City
Commission”) passed and adopted Ordinance 2018-047 which substantially amended Chapter 78,
City of Ocoee Code of Ordinances, relating to fire prevention and emergency medical response; and
WHERESAS, Chapter 78, City of Ocoee Code of Ordinances, as amended, authorizes the
City Commission to adopt via a resolution a uniform schedule of rates, charges, and fees to be
imposed and collected by the City for the provision of fire prevention services and related services;
and
WHEREAS, on December 4, 2018, the City Commission passed and adopted Resolution
2018-021 which established uniform reasonable rates, charges, and fees to be imposed and collected
for certain fire prevention services and related services; and
WHEREAS, the City Commission desires to update the rates, charges, and fees collected for
fire prevention services and related services.
NOW, THEREFORE, be it resolved by the City Commission of the City of Ocoee, Florida
that:
SECTION 1. Recitals. The foregoing recitals are true and correct and are incorporated in
this Resolution by reference.
SECTION 2. RATES FOR FIRE PREVENTION. The City Commission formally
adopts the following updated fee schedule for fire prevention, as follows:
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Plan Review and Permit Fees (Section 78-9):
Plan Review Fee: ¼ of 1% of Value of Construction
Permit Fee: $50 + $5.50 per $1,000 of Value of Construction
Reinspection Fee (Section 78-10):
First reinspection: $40
Second and third reinspection for the same noncompliance: $60
Third reinspection for the same noncompliance: $80
Fourth and subsequent reinspection for the same noncompliance: $120
Fireworks (Section 78-13):
Temporary Retail Sales: $150
SECTION 3. SEVERABILITY. If any provision of this Resolution or application thereof
to any person or circumstance is held invalid, the invalidity shall not affect other provisions or
applications of this Resolution that can be given effect without the invalid provision or application,
and to this end the provisions of this Resolution are declared severable.
SECTION 4. EFFECTIVE DATE. This Resolution shall become effective on April 8,
2025.
[Signatures to follow]
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Exhibit B
Ocoee Fire Department
Fire Prevention Fees
Effective October 1, 2026
Fire Prevention
Plan Review Fee ¼ of 1% of Value of Construction
Permit Fee $50 + $5.50 per $1,000 of Value of Construction
Re-Inspection Fee First Occurrence $40.00
Second Occurrence $60.00
Third Occurrence $80.00
Fourth Occurrence $120.00
Fireworks Temporary Retail Sales $150.00