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1511.05 Plan Review, permit, inspection, and testing fees.
   Adopted herein are the fees that shall be in effect for the City of Toledo. Payment of fees shall be made to the Treasurer of the City of Toledo and must be paid before any inspection is performed, permits are issued or tests are initiated. Permit application information must be completed and application fee of one hundred dollars ($100.00) per submittal shall be paid at the time of application.
   A.   Construction plan review/permit fees.
      1.   Automatic Sprinkler Review: The fee for the sprinkler review is based on the number of sprinkler heads in the system.
 
Sprinkler Heads
Fee
1 to 140
$ 120.00
141 to 200
150.00
201 to 300
200.00
301 to 400
250.00
401 to 750
300.00
over 750
300.00 plus $0.50 per head over 750
 
   For hydraulically designed systems, multiply above fee by 1.5. Systems with a fire pump add $200.00. Standpipes using same supply as sprinkler systems with fire pumps are included in the sprinkler fee.
      2.    Standpipe Review: $100.00 - With fire pump $200.00.
      3.    Carbon Dioxide Suppression System: Pre engineered system $140.00 per system; Engineered system, 1 to 175 pounds of agent $140.00; over 175 pounds of agent, $140.00 plus $0.50 per pound of agent.
      4.   Clean Agent: The first 10,000 cubic feet of room area - $200.00; every 5,000 cubic feet thereafter - $30.00.
      5.    Dry Chemical Suppression System: Up to 30 pounds of agent, $140.00; over 30 pounds of agent, $140.00 plus $0.50 per pound of agent.
      6.    Wet Chemical Suppression System: Single tank installation $140.00, each additional tank $60.00.
      7.    Fire Alarm Systems:
         a.    Fire Alarm Systems: The fee for an alarm system is based on the number of sending, signaling and detecting devices in the system.
 
Devices
Fee
1 to 25
$140.00
over 25
140.00 plus $1.50 per device
 
   The presence of a Toledo Fire and Rescue Department Fire Prevention Officer at any acceptance test, where required, is included in the review fee on a first time basis. Should subsequent tests become necessary, for whatever reason for approval of the system or systems, a fee of $200.00 shall be paid for the presence of the Toledo Fire and Rescue Department Fire Prevention Officer at each subsequent test.
      8.    Fire Flow Test: All fire flow tests conducted by the Fire Prevention Bureau for the determination and application of required fire flow shall be done at the expense of the permit applicant.
 
Fire Flow Test Schedule:
Flow Test
Fee
With one static and residual hydrant and one flow hydrant.
$100.00
With hydraulic gradient
200.00
 
   Extra data for the above sheets are available at the rate of $4.00 per sheet.
   B.   Fire Prevention Permit Fees (Operational permits as defined in OFC (b) 105.1.2).
      Operational permits must be secured annually for each separate location within the City of Toledo and fees are due upon receipt of an invoice for inspection services from the Toledo Fire and Rescue Department. Payment of fees shall be made to Treasurer of the City of Toledo.
      Thirty (30) days after issuance of the invoice for the prevention inspection permit, the permit fees are considered delinquent. The Toledo Fire Department may pursue collection thereof and any delinquent permit fees that are recovered through the collection process shall be deposited in the Smoke Detector Trust Fund (Accounting Code 90-5300-T34201). The Toledo Fire Department is hereby permitted to enter into a contract for collection services as authorized by Chapter 228 of the Charter of the City of Toledo and Chapter 187 of the Toledo Municipal Code.
      Permits on Site.
      (a)   Issued permits shall be kept on the premises designated therein; prominently displayed at all times; and readily made available for inspection by the code official. When a person, firm, or corporation is in operation without the issuance of the necessary permit, a violation of OFC 105 Permits shall be issued. The fee assessed for the violation shall be equal to double the applicable permit fee in addition to the following penalty:
      First offense    $250.00
      Second offense   $500.00
      Third offense   $1,000.00
      Fourth offense    $2,000.00
      Fifth offense   $3,000.00
      (b)   In no event shall the combined total of double the permit fee plus the additional charge exceed three thousand dollars ($3,000.00) for any one offense.
      (c)   A fine of up to $1,000.00 shall be paid for each instance a structure is occupied illegally in violation of Chapter 1511 of the OFC. Each day shall be considered a separate instance.
      (d)   The payment of the aforementioned charges/fees shall not relieve any person, firm or corporation from full compliance with the requirements of the Fire Prevention Code in the execution of the work nor from any penalty prescribed therein.
   C.   Operational Permit Fee Schedule.
      Payment of the following fees shall be made to the Treasurer of the City of Toledo:
      1.   Aviation facilities, heliports and helistops must pay an annual Fire Prevention Permit Fee of $100.00.
      2.   Paint spray shops, auto body shops and other commercial enterprises engaged in spray painting operations must pay an annual Fire Prevention Permit Fee of $100.00.
      3.   Establishments engaged in refinishing operations involving the use of flammable liquids must pay an annual Fire Prevention Permit Fee of $100.00.
      4.   Dry cleaning facilities must pay an annual Fire Prevention Permit Fee as follows:
         Solvent Flash Points
         Type III B above 200 degrees    $100.00
         Type III A from 140 to 200 degrees    $120.00
         Type II below 100 degrees    $140.00
      5.   Combustible dust-producing operations such as grain bleacher or elevator, flour, starch or feed mill, malt house, wood flour manufacturing plant, or any plant that pulverizes aluminum, coal, cocoa, magnesium, spices, sugar, wood processing or any other material that produces dust which if mixed with air in proper proportions becomes explosive, must pay an annual Fire Prevention Permit Fee of $200.00.
      6.   Lumber yards and wood working plants that use or store more than 100,000 board feet of lumber must pay an annual Fire Prevention Permit Fee of $200.00.
      7.   Places of Assembly: All theaters, dance halls, public rental halls, skating rinks, dining establishments, nightclubs and other places of assembly accommodating 100 or more persons, must pay an annual Fire Prevention Permit Fee in accordance with the following schedule:
         Square Feet    Fee
         1 to 2500    $150.00
         2501 to 5000    200.00
         5001 to 10,000    400.00
         over 10,000    500.00
      8.   Vehicle Filling Stations: Any place, building, pump or device operated and maintained upon any public street, highway or place in the City where gasoline or other motor fuels are kept for sale at retail to the public must pay an annual Fire Prevention Permit Fee of $100.00 plus an additional $6.00 for each nozzle more than 4 located on the premises.
      9.   Storage of Motor Fuels: Any place, building pump or device operated and maintained on private premises where gasoline or other motor fuels are stored and dispensed for private consumption must pay an annual Fire Prevention Permit Fee of $100.00.
      10.   Marine Service Stations: Same as Vehicle Filling Stations as listed above.
      11.   Vehicle Repair Garages: Garages that do not dispense, sell or store gasoline in quantity are required to pay an annual Fire Prevention Permit Fee of $100.00.
      12.   Automobile Wrecking Yards, and Junk Yards: Any person, firm or corporation operating same are required to pay an annual Fire Prevention Permit Fee of $100.00.
      13.   Compressed Gasses: Any person, firm or corporation storing, handling or using at normal temperature and pressure more than 2000 cubic feet of flammable compressed gas or 6000 cubic feet of nonflammable compressed gas in conjunction with welding or cutting operations must pay an annual Fire Prevention Permit Fee of $200.00.
      14.   Combustible Fibers: Any person, firm or corporation involved in the equipment, process and operation for handling, storage or use of combustible vegetable or animal fibers including, among others, readily ignitable and free burning fibers such as cotton, sisal, henequin, ixtle, jute, hemp, tow, cocoa fiber, oakum, baled wastepaper, kapok, hay, straw, Spanish moss, excelsior, certain synthetic fibers and cloth scraps in quantities in excess of 100 cubic feet shall pay an annual Fire Prevention Permit Fee of $200.00.
      15.   Wholesale Paint Stores: Stores engaged in handling, dispensing, storage, use or sale of bulk flammable liquids must pay an annual Fire Prevention Permit Fee of $140.00.
      16.   Retail Paint Stores: Stores engaged in storing, handling, use or sale of bulk flammable liquids must pay an annual Fire Prevention Permit Fee of $100.00.
      17.   Wholesale Bulk Stations: Any place where flammable liquids are stored in quantities, or from which they are sold at wholesale or delivered into tank trucks or tank cars. Such places shall include marine terminals or plants where flammable liquids are blended, but shall not include oil refineries, paint plants or places where tanks are installed for use exclusively for the storage of fuel oil for use on the premises. Wholesale bulk stations must pay an annual Fire Prevention Permit Fee of $200.00.
      18.   Paint Factories: Paint factories must pay an annual Fire Permit Fee of $200.00.
      19.   Silk Screen Operations: Sign shops and silk screen operations must pay an annual Fire Prevention Permit Fee of $100.00.
      20.   Chemical Manufacturing and Storage: Chemical manufacturing and storage facilities must pay an annual Fire Prevention Permit Fee of $200.00.
      21.   Hazardous Materials and Chemicals: Any person, firm or corporation storing or handling more than fifty five (55) gallons of corrosive liquids, or more than five hundred (500) pounds of oxidizing material, or more than ten (10) pounds of organic peroxide, or more than five hundred (500) pounds of nitro methane or one thousand (1000) pounds or more of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixtures covered in Section F - 2905.6, or any amount of highly toxic material or poisonous gas, or the storing or handling of any installation of more than one microcurie of radium not contained in a sealed source, or more than one millicurie of radium or other radioactive material in a sealed source or sources, or any amount of radioactive material for which a specific license from the United States Atomic Energy Commission (AEC) is required in accordance with nationally recognized good practice, must pay an annual Fire Prevention Permit Fee of $200.00.
      21A.   The above not withstanding Chapter 1513 of Part 15 of the Toledo Municipal Code (Chemical Emergency Preparedness Plan and Public Right to Know.)
      22.   Liquefied Petroleum Gases: Any person, firm, or corporation storing liquefied petroleum gas in containers having a capacity in excess of 299 gallons must pay an annual Fire Prevention Permit Fee of $100.00, plus $4.00 per each 100 gallons of capacity over 2,000 gallons. If the capacity exceeds 5,000 gallons, a flat rate of $200.00 will be paid.
      23.   Magnesium Processing: Any person, firm, or corporation engaged in the melting, casting, heat treating, machining or grinding, of more than 10 pounds of magnesium per working day must pay an annual Fire Prevention Permit Fee of $200.00.
      24.   Miscellaneous Combustible Storage: A person storing in any building or upon any premises in excess of 2,500 cubic feet (70m3) gross volume of combustible empty packing cases, barrels or similar containers; or rubber tires, baled cotton, rubber, cork, or other similarly combustible material shall pay an annual Fire Prevention Permit Fee of $100.00.
      25.   Cellulose Nitrate (Pyroxylin) Plastics: All retailers, jobbers and wholesalers storing or handling more than 25 pounds (11.35 kg) of cellulose nitrate (pyroxylin plastics) shall pay an annual Fire Prevention Permit Fee of $100.00.
      26.   Crop Ripening or Color Processing: Any person, firm or corporation engaged in the conditions or operations of crop ripening or color processing shall pay an annual Fire Prevention Permit Fee of $100.00.
      27.   Hazardous Production Materials: Any person, firm or corporation storing, handling or using hazardous production materials shall pay an annual Fire Prevention Permit fee of $100.00.
      28.   Cryogenic Liquids: Any person, company or corporation engaged in the production, storage or sale of cryogenic liquids shall pay an annual Fire Permit Fee of $100.00.
      29.   Organic Coatings: Any person, company or corporation engaged in the manufacturing operation making more than 1 gallon (0.00379m3) of an organic coating on any working day shall pay an annual Fire Prevention Permit Fee of $100.00.
      30.   Nitrate Film: Any person storing more than 25 pounds (11.35kg) of nitrate film shall pay an annual Fire Prevention Permit Fee of $100.00.
      31.   Explosives, Ammunition, and Blasting Agents: Any person engaged in the conditions or operations involving explosives, ammunition, blasting agents as described in this code shall pay an annual Fire Prevention Permit Fee of $200.00.
      32.   Fireworks: The permit applicant must pay a Fire Prevention Inspection Fee of $150.00 to the Bureau of Fire Prevention at the time of permit application. (See TMC 1519 Fireworks and OFC Rule 33 for additional requirements).
      33.   Torches for Removing Paint: Any person using a torch or other flame producing device for removing paint from any building or structure shall pay a permit fee of $100.00.
      34.   Asphalt Tar Kettles: Prior to the use of asphalt (tar) kettles or a flame producing device to heat, install or apply asphalt tar materials a permit shall be obtained from the code official or the designee thereof for a fee of $100.00.
      35.   High Piled Storage: An operational permit shall be required to use a building or portion thereof as a high-piled storage area exceeding 500 square feet. The fee for said permit shall be $200.00.
      36.   Hot Work Operations: A permit for hot work including but not limited to public exhibitions and demonstrations or the use of portable hot work equipment inside a structure shall be required. The fee for a hot work permit shall be $100.00.
      37.   Industrial ovens: For operation of an industrial oven regulated by Rule 1301:7-7-21 of the Administrative Code shall require a permit. A Fire Prevention Permit fee of $100.00 shall be paid.
      38.   Scrap tire and tire by-product storage: Any person storing in excess of 2500 square feet of total volume of scrap tires or for indoor storage of tires and tire by-products shall pay a Fire Prevention Permit fee of $200.00.
      39.   Tire re-building plants: Any person seeking to operate and/or maintain a tire re-building facility shall pay an annual Fire Prevention Permit fee of $200.00.
      40.   Spraying and dipping: An operational permit shall be required to conduct spraying/dipping operations utilizing flammable or combustible liquids, or the application of combustible powders shall be required. The fee for the permit shall be $100.00.
      41.   Refrigeration equipment: An operational permit to operate a mechanical refrigeration unit or system regulated by rule 1301:7-7-06 of the Administrative Code shall be required. The Fire Prevention Permit fee for such a permit shall be $100.00.
      42.   Wood products: Any facility used to store chips, hogged material, lumber or plywood in excess of 200 cu. ft. shall be required to have an operational permit and pay an annual Fire Prevention Permit fee of $200.00.
      43.   Aerosol products: For the manufacture, storage of handling of an aggregate quantity of Level 2 or 3 aerosol products in excess of 500 lbs net weight, an operational permit shall be required and a Fire Prevention Permit fee of $100.00 shall be assessed annually.
      44.   Amusement buildings, exhibits, and trade shows: Any person seeking to operate a special amusement building, exhibit or trade show shall secure an operational permit and pay a Fire Prevention Permit fee of $100.00.
   D.   Special Inspections, Services and Events:
      1.   Any person, firm or corporation requesting an inspection of any existing building or part thereof, or other special services or special events of whatever nature, shall be charged a fee for such special inspection, special service or special event on the basis of time consumed by each inspector or authorized person performing the services, at the rate of $50.00 for each hour or fraction thereof. Whenever the above incurs an overtime expense, the rate per hour shall be paid at the overtime rate applicable.
      2.   When the Department of Fire is requested to supply equipment to any person, firm or corporation to conduct tests or special services, the following equipment fees shall be paid:
         a)   Hose -$20.00 per length
         b)   Nozzles -$20.00 each
         c)   Testing Kit (gauges) -$100.00
         d)   Misc. Equipment - Fee to be determined by the Fire Official
      A $200.00 money order or certified check made out to the Treasurer of the City of Toledo shall be placed on deposit with the Department of Fire before equipment is released. When the equipment is returned in good condition, the $200.00 deposit shall be refunded. Payment of the above listed fees shall be made to the Treasurer of the City of Toledo at the time of the request for special service or equipment.
   E.   General Safety Inspections:
      1.   The fee for a general fire safety inspection shall be $40.00 per individual Ohio Building Code occupancy rounded up to the closest hour. Subsequent re- inspections shall be charged $40.00 per hour per re-inspection rounded up to the closest hour.
      2.   If more than one building owned by the same entity or individual is utilized for the same type of occupancy and the building lots are contiguous, or if one building owned by the same entity or individual contains multiple tenants of similar occupancy, the fee payable to the Treasurer of the City of Toledo shall be at $40.00 per hour per individual occupancy. Subsequent re- inspections shall be charged $40.00 per hour rounded up to the closest hour.
      3.   Daycare/Foster/Adoptions: The fee for safety inspections for daycare, foster, and adoptions shall be $40.00 per hour per inspection. Each subsequent reinspection shall be charged $40.00 per hour rounded up to the closest hour.
      4.   Complaint inspections. When a Fire Inspector is dispatched to investigate a complaint and the complaint is found to be valid, a fee of $40.00 shall be levied against the property/building owner.
(Ord. 183-13. Passed 4-16-13.)
1511.06 Careless conduct in smoking and use of matches or lighters.
   1.   No person, by reason of careless, willful or wanton conduct in smoking, or in the use of lighters or matches for smoking, shall set fire to any bedding, carpet, curtain, drapes, furniture, household equipment or other goods chattels, or to any building.
   2.   The term "careless conduct in smoking" as used herein, shall include any of the following acts or omissions: permitting a spark or sparks from a lighted cigar, cigarette or pipe to fall upon or into anything flammable; the placing of a lighted smoking article or articles; falling asleep with lighted smoking material of any kind at hand; throwing lighted smoking material out of a window or into an elevator pit or elsewhere than in a proper receptacle therefor; dropping a lighted cigarette or cigar or part thereof into a mail chute in any building; failure to extinguish the fire of a match or any kind of lighter device after the use of same; failure to destroy the lighted part of a cigar or cigarette when disposing of same; failure to destroy the burning smidgen or smidgens of tobacco from a pipe.
   3.   No person, by reason of careless, negligent, willful or wanton conduct shall permit a child under the age of ten (10) to have access to and / or play with matches or lighters, either by allowing the child to do so or by leaving matches or lighters unattended.
      a.   A "Notice of Violation" shall be mailed to persons in violation hereof and shall state the date, location and nature of the violation. A "Notice of Violation" is subject to appeal to the Fire Prevention Board of Appeal.
      b.   Persons in violation of this section will be enrolled in the Face the Facts Program.
(Ord. 183-13. Passed 4-16-13.)
1511.07 Installation and use of liquefied petroleum gas ("LP Gas").
   1.    Permanent installation of LP-gas containers is prohibited in the area referred to as the High Value District of the City of Toledo as defined herein. Temporary use of any LP-gas within the High Value District must be approved by the Chief of the Fire Prevention Bureau.
      a.    The "High Value District" of the City of Toledo is defined as the "downtown area of the City" bounded by Cherry Street on the north, Woodruff on the west, Collingwood and Washington on the south and the Maumee River on the East in addition to an area on the east side of the Maumee River bounded by Morrison Street on the north, East Broadway on the east, Nevada on the south and the Maumee River on the west.
   2.    It shall be illegal for a bulk transporter to transport LP-gas through the High Value District of the City of Toledo without the approval of the Chief of the Fire Prevention Bureau.
   3.    All LP-gas tank installations shall be enclosed with suitable fencing and traffic barricades to protect the public or prevent tampering and shall be installed in accordance with NFPA 58.
   4.    The use of portable LP-gas trailers for on site construction use shall meet all Department of Transportation regulations; proper stop lights and brakes shall be provided. All such trailers shall be inspected by the Fire Prevention Bureau.
   5.    Advice and instructions as to the safe use of LP-gas appliances and related equipment shall be provided in printed form to all customers by each LP-gas dealer, distributor and installer.
(Ord. 183-13. Passed 4-16-13.)
1511.08 Prohibitions.
   No person, firm, corporation, or partnership shall violate any section of this chapter or any rule or regulation adopted pursuant thereof, obstruct or interfere with the execution of any order issued in pursuance thereof, or willfully or illegally omit to obey such order.
(Ord. 183-13. Passed 4-16-13.)
1511.09 Defibrillators in nursing homes.
   1.    Definitions.
       As used in this law, the following terms shall have the meanings indicated:
      A.)    "Automatic External Defibrillator" shall mean a medical device, approved by the United States Food and Drug Adminis tration (FDA), that:
         a.)    is capable of recognizing the presence or absence, in a patient, of ventricular fibrillation and rapid ventricular tachycar dia;
         b.)    is capable of determining, without intervention by an operator, whether defibrillation should be performed on a patient;
         c.)    upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to the patient's heart; and
         d.)    then, upon action by an operator, delivers an appropriate electrical impulse to the patient's heart to perform defibrillation.
      B.)   "Nursing home" means a State Licensed home used for the reception and care of individuals who, by reason of illness or physical or mental impairment, require skilled nursing care and of individuals who require personal care services but not skilled nursing care. A nursing home is licensed to provide personal care services and skilled nursing care. This is in accordance with Ohio RC 3721.01 (A)(6).
   2.    On-Site Cardiac Automated External Defibrillator.
      A.)    Every nursing home in the City of Toledo shall provide and maintain in good working order on-site, in each facility, at least one (1) Automated External Defibrillator (AED) as defined herein.
      B.)    A nursing home that possesses an automated external defibrillator must notify Lucas County Emergency Medical Services of the location of the Automatic External Defibrillator.
   3.    Penalties.
      Willful failure to comply with Section 2(A) of this law shall constitute a violation punishable by a fine not to exceed One Thousand ($1,000.00) Dollars for each violation.
   4.    Severability.
      If any clause, sentence, paragraph, subdivision, section, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.
   5.    Reverse Preemption.
      This law shall be null and void on the day that Statewide or federal legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this law, or in the event that a pertinent State or federal administrative agency issues and promulgates regulations preempting such action by the City of Toledo. The City of Toledo may determine via mere resolution whether or not identical or substantially similar statewide legislation has been enacted of the purposes of triggering the provision of this section.
(Ord. 183-13. Passed 4-16-13.)
1511.99 Penalty.
   (a)   All violations of the provisions of this chapter or of the rules or regulations adopted pursuant thereto, recorded in one inspection shall constitute a single offense.
   (b)   Any person once convicted of a violation of this chapter shall thereafter be prosecuted as a second and repeated offender and the affidavit shall contain the allegation that it is a second and repeated offense.
   (c)   Whoever violates the provisions of this chapter or the rules or regulations adopted pursuant, thereto is guilty of a misdemeanor in the fourth degree, for the first offense, and each day such violation shall be permitted to exist shall constitute a separate offense, and for the second and repeated offenses is guilty of a misdemeanor in the third degree, and each day such violation shall be permitted to exist shall constitute a separate offense.
(Ord. 183-13. Passed 4-16-13.)