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SR-02-26-2013-3BCity Council Meeting: February 26, 2013 Agenda Item: S— To: Mayor and City Council From: Nancy Johnson, Fire Marshal Subject: Resolution establishing responsibility for payment for annual fire inspections of commercial buildings Recommended Action Staff recommends that the City Council approve the attached resolution to require that billings for annual fire inspections be issued to property owners based on the current fee schedule for commercial buildings. Executive Summary This report presents information and requests adoption establishing that building owners be billed directly for the all fees for annual fire inspections of their buildings including tenant units and suites. Background On September 27, 2011, the Council adopted Resolution No. 10610 (CCS), which set the fees associated with annual fire inspections. Using the fee schedule set forth in Resolution No. 10610 (CCS), staff billed tenants of commercial structures for inspections conducted in the tenant's leased space. Discussion It has come to staff's attention that certain State law provisions require the City to bill property owners of certain specified commercial structures, including, but not limited to, high rise buildings, hotels, motels, and lodging houses for all such annual inspections, including individual spaces rented to tenants. A reasonable reading of other State law provisions directs the City to bill property owners of all commercial structures in a similar manner. Accordingly, in the interest of complying with State law, providing property 1 owners with clarity, and conducting a uniform billing program, staff recommends that property owners of all commercial structures in the City be billed directly for all fire inspections conducted on the property, including inspections conducted in spaces rented to tenants. On December 1, 2012, the Finance Department began sending out a letter to all building owners explaining the change from billing individual tenants for fire inspections in their suites and units to now billing building owners for all fire inspections in their buildings. Adopting the attached resolution would authorize staff to bill property owners for annual fire inspection fees, including those conducted in spaces rented out to tenants, consistent with State law. This practice would also be consistent with the billing practice currently being used for all other inspection types. Financial Impacts & Budget Actions There is no immediate financial or budget action necessary as a result of the recommended action. Prepared by: Nancy Johnson, Fire Marshal Scott Ferguson Director, Fire Department Attachments: Proposed Resolution Fee Schedule July 1, 2012 M Forwarded to Council: Rod Gould City Manager Reference Resolution No. 10733 (CCS)