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CITY OF BOSTON CODE OF ORDINANCES
THE CHARTER OF THE CITY OF BOSTON
CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
CHAPTER VIII: DEVELOPMENT
CHAPTER IX: BUILDING REGULATIONS
CHAPTER X: HOUSING SERVICES
CHAPTER XI: PUBLIC SERVICES
CHAPTER XII: PUBLIC HEALTH AND WELFARE
CHAPTER XIII: NATURAL GAS
CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
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18-11.1   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AUGMENTED FIRE SERVICES AVAILABILITY (“AFSA”). The capacity to deliver a total fire flow in excess of 3,500 gallons per minute.
   LIFE RISK FACTOR (“LRF”). A factor, to be determined by the Fire Commissioner, taking into account density of occupancy, hours of occupancy, number of stories and the existence of smoke removal equipment.
   NEEDED FIRE FLOW (“NFF”). A factor, expressed in gallons per minute, to be determined by the Fire Commissioner, taking into account a construction type factor, an effective area factor, a use factor, an exposure factor and a connecting passageways factor.
   SUPPRESSION CREDIT(S). A credit determined by the Fire Commissioner to be used in determining total fireflow, taking into account the existence of fire suppression and detection equipment in a structure.
   TOTAL FIRE FLOW (“TFF”). The total fire fighting capacity, expressed in gallons per minute, necessary to extinguish a fully involved fire in any given structure, taking into account fire suppression and detection equipment and life risk as provided herein. TOTAL FIRE FLOW shall be determined by the Fire Commissioner according to the following formula: TFF = (NFF) x (1-S) x (LRF).
(Ord. 1982 c. 7, c. 12; Ord. 1983 c. 6; CBC 1985 18-11.1)
18-11.2   Charges Determined by Fire Commissioner.
   Prior to October 1 of each year, the Fire Commissioner shall determine which structures in the City are being provided augmented fire services availability. On or before October 1 of each year, the owners of all such structures being provided augmented fire services availability shall be charged a fee by the Fire Commissioner, to be determined by said Fire Commissioner as provided in this Section, for the provision of augmented fire services availability. Said fee shall be based on the cost of providing augmented fire services availability and shall be due and payable in two equal installments; the first installment due and payable no later than December 1 of the year in which the charge is made, and the second installment due and payable no later than June 1 of the following year. The Fire Commissioner shall designate as the owner of the parcel charged the person or entity who was liable to assessment therefor on the preceding January 1 under the provisions of M.G.L. Chapter 59. In the case of a condominium, as defined by M.G.L. Chapter 183A, Section 1, the Fire Commissioner shall designate as the owner of the parcel charged the person, corporation, trust association or other entity designated on the master deed or any amendments thereto pursuant to M.G.L. Chapter 183A, Section 8(i).
(Ord. 1982 c. 7, c. 12; Ord. 1983 c. 6; CBC 1985 18-11.2)
18-11.3   Appeal of Charge.
   Upon payment of the first installment of the fee, the person or entity paying such fee may appeal the correctness of such fee by filing a notice of appeal with the Fire Commissioner on or before December 1. Upon receiving a notice of appeal, the Fire Commissioner shall schedule a hearing and shall notify the person or entity appealing of the date of the hearing. The person or entity who filed the appeal shall be entitled to appear at the hearing and present evidence challenging the correctness of the fee charged. The Fire Commissioner, or his or her designee, shall preside at said hearing, shall render a decision affirming the correctness of the charge or correcting said charge and shall so notify the person or entity who filed the appeal.
(Ord. 1982 c. 7, c. 12; Ord. 1983 c. 6; CBC 1985 18-11.3)
18-11.4   Sending of Revised Bill.
   (A)   Upon the determination of an appeal, the Fire Commissioner shall inform the Collector-Treasurer of cases in which the corrected fee is greater than or less than the original charge. The Collector-Treasurer shall issue a revised bill or abatement notice, as appropriate, reflecting the corrected fee and refunding the difference, if any, between the corrected fee and the amount already paid, plus interest of 8% per annum from the date of payment.
   (B)   The filing of an appeal and the pendency of any proceedings pursuant thereto shall not operate to stay the payment of any fee as otherwise provided in this Section.
(Ord. 1982 c. 7, c. 12; Ord. 1983 c. 6; CBC 1985 18-11.4)
18-11.5   Estimated Fee.
   (A)   The Fire Commissioner may estimate the fee to be paid for a particular structure. In such cases, the estimated fee shall be charged to the owner of a structure subject to such fee on or before October 1, and shall be due and payable in two equal installments as hereinbefore provided. The Fire Commissioner shall determine the final fee on or before February first of the fiscal year in which the fee is charged. The Collector-Treasurer shall issue a revised bill or abatement notice, as appropriate, reflecting the final fee, and, if no appeal is pending, shall refund the difference, if any, between the final fee and the amount already paid, plus interest of 8% per annum from the date of payment. The person or entity paying such fee may appeal the correctness of the final fee by filing a notice of appeal with the Fire Commissioner on or before March first of the fiscal year in which the fee was charged. Said appeal shall be decided as hereinbefore provided.
   (B)   Notwithstanding any provisions of this Section to the contrary, for the fiscal year beginning July 1, 1982 and ending June 30, 1983, the fee provided for in this Section shall be assessed as follows.
      (1)   On or before March 1, 1983, the Fire Commissioner shall determine and assess said fee. The first installment of said fee shall be due and payable no later than April 1, 1983. The second installment of said fee shall be due and payable on June 30, 1983.
      (2)   The person or entity paying such fee may appeal the correctness of the fee as hereinbefore provided on or before March 31, 1983. Appeals shall be decided, and a revised bill or abatement reflecting the corrected fee, and refunds, where appropriate, shall be issued as otherwise provided in this Section.
      (3)   Fees that remain unpaid shall constitute accounts owed to the city and shall be collected by the Collector-Treasurer in accordance with applicable laws.
(Ord. 1982 c. 7, c. 12; Ord. 1983 c. 6; CBC 1985 18-11.5)
18-11.6   Rules and Regulations.
   The Fire Commissioner may promulgate rules and regulations for the administration of this Section.
(Ord. 1982 c. 7, c. 12; Ord. 1983 c. 6; CBC 1985 18-11.6)
18-11.7   Exceptions.
   Notwithstanding any provisions of this Section to the contrary, the owner of a structure being provided augmented fire services availability shall not be required to pay that proportion of the fee charged for augmented fire services availability attributable to portions of said structure owned by said owner and rented as residential units to persons or families living independently of each other, and in which kitchen facilities are provided in each individual unit, or common areas of said structures, including parking, accessory to said residential units only.
(Ord. c. 1982 c. 7, c. 12; Ord. 1983 c. 6; CBC 1985 18-11.7)
18-11.8   Administration of this Section.
   Notwithstanding any provision of this Section to the contrary, and pursuant to M.G.L. Chapter 190, as amended, administration of the Augmented Fire Services Availability program shall be uniformed Fire Department personnel only, and funds shall be allocated for this purpose.
(Ord. 1983 c. 21; CBC 1985 18-11.8)
18-11.9   Severability.
   The provisions of this Section are severable and if any of its provisions shall be held invalid in any circumstances, such invalidity shall not effect any other provisions or circumstances.
(Ord. 1982 c. 7, c. 12; Ord. 1983 c. 6, c. 21; CBC 1985 18-11.9)
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