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Memo Fire Inspection Fees MEMORANDUM CITY OF HOPKINS Date: March 5, 1992 To: Mayor and city council From: George Magdal, Fire Marshal Subject: Fire Inspection Fees PURPOSE OF DISCUSSION The purpose of this memo is review the city's fire inspection program and discuss the concept of establishing a fee schedule for fire inspections. Through analysis, the City has recognized fire inspections as one area where a service is provided without fees. It is possible for the City to recover a portion or all of the costs incurred by charging a fee for this service. The city council is being requested to provide direction on whether staff should continue to develop a fee schedule pertaining to fire inspections. No other formal action is being requested. BACKGROUND There was some concern for the safety of Hopkins buildings and ~ccupants by the City Council when the certificate of occupancy program was eliminated in 1990. At that time the council asked that the fire inspection program pick up its efforts to maintain a reasonable degree of safety in these buildings. This effort is continuing. The goal of the city's fire inspection program is to maintain or improve the safety of commercial, industrial and apartment buildings while maintaining the communities tax base. The benefits of these fire inspections are considerable. By reducing the frequency and consequence of potential fires, the city protects: o The public visiting the businesses 0 The business owner and his employees 0 The firefighters who would be responding to the incident 0 The city's tax base. Hopkins currently spends approximately 16 hours a week doing fire inspections. This costs the City approximately $17,000 per year. At the current level of staffing we are capable of inspecting every commercial building in -Hopkins about once every 5 years. Some businesses that contain hazardous chemicals for instance require more frequent visits. Other businesses are seen less frequently because of the minimum hazard. Municipalities are not required to do fire inspections. Among our neighbors, Edina and st. Louis Park have chosen not to do inspections whereas Minnetonka and Eden prairie each have a maintenance fire inspection program. FEE SCHEDULE The City can legally charge for fire inspections. The following program is being proposed in order to provide for a partially or totally self sufficient fire inspection program: 0 Inspections would be conducted in all commercial businesses, industrial buildings and apartment complexes. occupancies that have a history of problems or extreme hazards would be inspected more often than others. Smaller business can be inspected in less than one hour per visit. A larger company or one with hazards may take many hours of inspection and research time. 0 The City would charge an hourly rate for the inspectors time. 0 There would be a minimum charge of one hour per visit. 0 A fire inspection fee of $30 per hour would be charged. This is the amount currently used by the city for repeat fire inspections. As an incentive to correct code violations quickly it is proposed that the city adjust the $30 rate based on the circumstances of the situation. An example of this is as follows: 0 If there are no violations found or corrections are made prior to the second visit, the business would pay 1/2 the normal hourly rate. o A violator complying by the third visit would pay the normal hourly rate. 0 A violator not complying after the third visit would pay a fee of 1 1/2 times the normal hourly rate. The following are some scenarios using the proposed fee schedule. 0 A small business has no violations or complies while the fire inspector is on site, 1 hr. @ $15/hr.=$15 o A small business complies at the time of the second visit, 2 hrs. @ $15.00/hr.=$30 0 A small business complies after 3 visits, 3 hrs. at $30/hr.=$90 0 A small business complies after 4 visits, 4 hrs. @ $45/hr. = $180 DISADVANTAGES OF THIS PROPOSAL One disadvantage of this program is that it poses an additional cost fora business operating in Hopkins. This program also requires some type of billing procedure be developed. This is a disadvantage since it will require staff time to process the bills. Another disadvantage is that it is not an exact budget. The sliding scale makes it difficult to determine the revenue that would be generated. It's also likely that some people will not pay their bill. This could be rectified by structuring the program to allow the city to certify delinquent bills as a special assessment against the property. The worst case scenario would be that all the businesses in Hopkins complied with violations on the first or second visit allowing us to bill only 50% of the fee. As odd as this sounds, that is actually the goal of the program. WHAT ARE OTHER CITIES DOING? I have not found another city that is charging directly for fire inspections. Many cities work on a permit system where they charge a fee for selected businesses that are required to have permits. There has been, however, a fair amount of interest from other cities regarding this issue. The League of Minnesota cities recently did a telephone survey regarding fire inspection fees. A copy of those survey results are attached. The city of ' st. Paul has a certificate of Occupancy program. Fees charged cover approximately 40% of their cost of doing the fire inspections. Their fee, based on the building size, charges the owner of the building. We are proposing charging the business itself. Usually it's the business that violates the fire code. There are some cases, however, .where the owner also would receive orders to correct violations and would pay the fee. The City of Blaine is looking at the possibility of charging a fee for fire inspections. They are proposing $50 for the first three visits and $50 more for each additional visit. They do not take into account the size of the business. Roseville is looking at a 15% surcharge on building permits to partly fund their Fire Inspections Program, including an additional fire inspector. Their Chamber of Commerce felt that a $50 charge per business was unfair since the inspection time varied per business. I don't see how charging new construction is fair since they are not the ones receiving the greatest benefit from the fire inspections. In the state of New Jersey, every business is required to have a fire inspection on an annual basis. The fees charged'to the businesses for these inspections go to the state. The state then provides the fire inspection personnel. cities may receive a portion of the inspection fee if they agree to provide the inspection service. RECOMMENDATIONS It is recommended the city council direct staff to continue to develop the fire inspection fee program as proposed and return at a later date with an ordnance allowing for the implementation of this program. It is further suggested that staff solicit input from the Business Council and other business groups on the implementation of such a program. Options availabl~ to the city Council include: 1. Discontinue efforts pertaining to establishing a fee schedule relating to fire inspections. 2. Discontinue the maintenance fire inspection program. 3. continue work on implementing a fee schedule relating to fire inspections. ~ 183 University Ave, East I : St. Paul, MN 55101.2526 League of Minnesota Cities (612) 227.5600 (FAX: 221.0986) January 27, 1992 George Magdal lOlO First street South Hopkins, MN 55343 Dear Mr. Magdal: I am writing in response to your recent inquiry. You had asked for a copy of the results of my telephone survey regarding fees for fire inspections. The results are as follows: City (type) Inspection or Permit cost Shoreview (scB) No direct fee Maple Grove (seA) Hood Inspections--$35 Sprinkler Systems & UST's (requires permit which includes inspections. The permit fee is l.5% of the cost of the contract up to $10,000. For contracts that are over $10,000, the fee is calculated at 1% for amounts beyond the $10,000 amount.) Lewiston (scA) No direct charge Hopkins (hc) $30 for Re-inspections Hastings (hc) No direct charge Excelsior (he) No direct charge Fridley (he) UFC permit $20 (incl. insp~) White Bear Lake (he) No direct charge Princeton (seA) No direct charge Plymouth (scB) No direct charge st. Cloud (he) No direct charge Ramsey (he) No direct charge Long Lake (seA) No direct charge Coon Rapids (he) No direct charge Oakdale (seA) No direct charge I also contacted the state Fire Marshal. Their office does not charge for fire inspections. As a rule, these survey results would seem to suggest that cities do not charge for fire inspections. However, when inspections are part of a permit granting process, there does seem to be a fee for the permit, and thus an indirect charge. The vast majority of these were for sprinkler permits or building permits to install systems that needed approval by the fire marshal. I hope that this information will be useful to you. Thanks again for your assistance and participation. Please contact me if I can be of assistance to you in the future. sincerely, ~l~'A, " Theresia per~ Research Assistant