DATE:

01/14/2002

SUBJECT: FINAL READING ORDINANCE NO. 2002-O-012

AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES, CITY OF LAREDO, TEXAS TO INCLUDE ARTICLE IV TO ESTABLISH FEES FOR FIRE INSPECTION SERVICES AND LIFE SAFETY INSPECTIONS, WITHIN THE CORPORATE LIMITS OF THE CITY OF LAREDO, TEXAS.

INITIATED BY:

Larry Dovalina,

City Manager

STAFF SOURCE:

Luis F. Sosa, Jr.,

Fire Chief

PREVIOUS COUNCIL ACTION: On October 22, 2001 City Council held a Public Hearing introducing this ordinance and instructed staff to proceed with the Final Reading.

BACKGROUND:

The 1997 NPFA 1 Fire Prevention Code adopted in August 23, 1999 requires Fire Inspections of certain buildings and allows for fee implementation. The City of Laredo Fire Department has never

implemented these fees in the past.

FINANCIAL:

With the implementation of these Fees, the Revenues for Inspection Fees will increase in the General

Fund.

RECOMMENDATION: The committee recommends passage of these Fire Department Inspection Fees. The Ad-Hoc Committee members are: Mr. Miguel B. Conchas, Mr. Mike McBain and Mr. David Newman;

Fire Chief Luis F. Sosa, Fire Marshal Eugenio Moncivais, Jr., Captain Annabelle Venegas, Captain Felix Nuñez, and Driver Chris Niles.

STAFF: Staff recommends the Final

Reading of this Ordinance be accepted.

ORDINANCE NO. 2002-O-012

WHEREAS, The City of Laredo has heretofore adopted Chapter 12 of the Code of Ordinances of the City of Laredo as amended; and

WHEREAS, the City of Laredo Fire Department is legally charged with the duty of performing Fire Inspection Services and Life Safety Inspections for the community; and

WHEREAS, the Fire Department cannot readily meet the National Fire Protection Code (NFPA) in satisfying yearly inspections to targeted occupancies due to limitations in both personnel and automated software systems; and

WHEREAS, the tremendous growth and prosperity of the City of Laredo has further increased the burden of conducting these critical inspections; and

WHEREAS, the costs of providing these services are unduly taxing the Fire Department Budget; and

WHEREAS, the need to increase the fire safety of the City of Laredo exists to promote the health, morals, and general welfare of the community, and its orderly and fire safe development, it is proposed that said article be amended in the particulars hereinafter setforth;

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO, TEXAS.

Section 1. That Chapter 12 of the Code of Ordinances of the City of Laredo be amended to include Article IV, which shall read as follows:

Article IV – Fire Prevention Fees Section 12-81. Purpose and Schedule Fees for Fire Inspection Services and Inspections shall be for the amounts and purposes hereinafter set forth in Exhibit “A”.

Section 2. That Fire Inspection Fees will be imposed on businesses that do not meet

Safety and Fire Prevention Standards and require a secondary (and/or more additional) inspection. The following stipulations will be adhered to:

1) Businesses/Agencies that receive a satisfactory evaluation upon a primary visit will not be required to pay Fire Inspection Fees.

2) Businesses that require a secondary visit to verify that corrections have been made to deficiencies found initially will be charged even if corrections have been

made or not. The fees will be applied as follows:

--The standard hourly fee of $45 dollars will be applied upon second visit

to businesses that do not comply with violations (identified in initial visit)

--Businesses that require a third or more visits will be applied an hourly

Fee of $90.00 ninety dollars (double the amount).

That the City of Laredo Public Information Office, in conjunction with the Fire Prevention

Unit, will conduct a public awareness campaign to inform the public of standards to be maintained by individual businesses (checklist) for compliance with the Fire Prevention Code. Such campaign will be conducted using available media – i.e., newspaper, radio,

television, and internet – and will be initiated at least thirty (30) days before the ordinance takes effect.

That revenue generated through stated fees will be used specifically for the purpose of:

§ Hiring inspectors for the Fire Prevention and Arson Unit;

§ Training of said inspectors;

§ Providing resources—e.g., equipment, materials—necessary for the Fire

Prevention and Arson Unit to perform their duties.

§ That in the event that revenues generated by this ordinance in any one

year supercede the total cost of salaries and expenses for the Fire Prevention

Unit , net revenue will not be diverted to any other line item of the Fire Department or the General Fund, but will be instead in fund under this line

item for future funding periods. At that time, the fee scale will be amended/reduced accordingly. A committee inclusive of representation from the private sector will review the budget at this time to submit recommendations

regarding amendments to the fee scale.

Section 3. That if any provision of this Ordinance, or the application of same to any particular set of persons or circumstances, should for any reason be held by the courts to be invalid, such invalidity shall not affect the remaining portions of this Ordinance and to such end each provision of this Ordinance is declared to be severable.

Section 4. All Ordinances, or part of Ordinances in conflict herewith are hereby repealed.

Section 5. This Ordinance shall become effective from and after its final passage and publication as provided by the Charter of the City of Laredo and the Laws of the State of Texas.

Passed and approved by the City Council and signed by the Mayor on the _______________day of___________________________, A. D. 2002.

CITY OF LAREDO

BY: _________________________

ELIZABETH G. FLORES,

MAYOR

ATTEST:

____________________________

GUSTAVO GUEVARA, JR.

City Secretary

APPROVED AS TO FORM:

___________________________

JAIME L. FLORES

City Attorney