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RESOLUTION NO.____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING RESOLUTION NO. 7352 – THE FIRE DEPARTMENT FEE SCHEDULE WHEREAS, the Milpitas Municipal Code specifies that certain fees and charges shall be fixed by Resolution of the City Council; and WHEREAS, those fees and charges are to be in amounts no greater than the reasonable costs of providing the service as incurred by the City and also in the amount specified through Council policy direction with respect to the functions to be performed by the City as supported by the information included in a staff report from Fire Chief Clare Frank dated November 28, 2007; and WHEREAS, the City Council Finance Subcommittee directed the fees to be based upon the cost of the service; and WHEREAS, the Finance Department completed a City-wide cost allocation study and established Fire Department costs for service to be $143 per hour, as reflected in the November 28, 2007 staff report. NOW, THEREFORE, BE IT RESOLVED that the recitals set forth above are true and correct and are hereby incorporated into this resolution by reference; BE IT FURTHER RESOLVED that the various fees and charges set forth in the Fee schedule attached hereto as Exhibit A shall become effective with the adoption of this resolution and shall remain in effect until a new Resolution amending the same is adopted by the City Council; and BE IT FURTHER RESOLVED, the fees and charges established by this resolution shall supersede all previously established fees or charges for the same regulations, project or service, and all such previous fees and charges are repealed on the effective date of this Resolution of the City Council provided in Section IV-3-4.00 of the Milpitas Municipal Code. All other fees shall remain in effect. PASSED AND ADOPTED this ____ day of __________ 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Mary Lavelle, City Clerk Jose S. Esteves, Mayor APPROVED AS TO FORM: Michael J. Ogaz, City Attorney J:\Resolutions\Alpha\Final Reso Fire Dept Fee Schedule.doc 1 Resolution No. ___ 1

RESOLUTION NO. A RESOLUTION OF THE CITY … NO. 7352 – THE FIRE DEPARTMENT FEE SCHEDULE ... Fire Extinguishing Systems Fire service underground, repair ... Smoke …

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RESOLUTION NO.____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING RESOLUTION NO. 7352 – THE FIRE DEPARTMENT FEE SCHEDULE

WHEREAS, the Milpitas Municipal Code specifies that certain fees and charges shall be fixed by Resolution of the City Council; and WHEREAS, those fees and charges are to be in amounts no greater than the reasonable costs of providing the service as incurred by the City and also in the amount specified through Council policy direction with respect to the functions to be performed by the City as supported by the information included in a staff report from Fire Chief Clare Frank dated November 28, 2007; and WHEREAS, the City Council Finance Subcommittee directed the fees to be based upon the cost of the service; and WHEREAS, the Finance Department completed a City-wide cost allocation study and established Fire Department costs for service to be $143 per hour, as reflected in the November 28, 2007 staff report. NOW, THEREFORE, BE IT RESOLVED that the recitals set forth above are true and correct and are hereby incorporated into this resolution by reference; BE IT FURTHER RESOLVED that the various fees and charges set forth in the Fee schedule attached hereto as Exhibit A shall become effective with the adoption of this resolution and shall remain in effect until a new Resolution amending the same is adopted by the City Council; and BE IT FURTHER RESOLVED, the fees and charges established by this resolution shall supersede all previously established fees or charges for the same regulations, project or service, and all such previous fees and charges are repealed on the effective date of this Resolution of the City Council provided in Section IV-3-4.00 of the Milpitas Municipal Code. All other fees shall remain in effect. PASSED AND ADOPTED this ____ day of __________ 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Mary Lavelle, City Clerk Jose S. Esteves, Mayor APPROVED AS TO FORM: Michael J. Ogaz, City Attorney

J:\Resolutions\Alpha\Final Reso Fire Dept Fee Schedule.doc 1 Resolution No. ___

1

EXHIBIT A

PROPOSED FIRE DEPARTMENT FEE SCHEDULE (2007)

Activity Permit Fee ANNUAL PERMITS

A-1 Occupancy (theaters and other similar viewing halls) $572.00 A-2 Occupancy (Food and drink establishment) $429.00 A-3 Occupancy (worship, recreation or amusement) $429.00 A-4 & A-5 Occupancy (indoors or outdoors sports event

structures) $1,001.00 High Piled Storage $572.00 Malls $1,001.00 Motels $429.00 Hotels and multi-story structures (< 5 stories) $858.00 Hotels and multi-story structures (5 or more stories, 1.5

HR per floor for insp.). (Number of floors * 1.5) * $/HR per fee factor Commercial Daycare - small (< 100) $286.00 Commercial Daycare - large (> 100) $572.00 Residential - small family daycare no fee Residential - large family daycare $71.50 Small Apartments (3 - 4 units) $214.50 Medium Apartments (5 - 15 units) $858.00 Large Apartments (more than 15 units) $1,144.00 Small Chemical User (doctor/dentist, dry cleaner, photo

shop, graphic design, print shop, auto repair, retail sales with propane) $286.00

Medium chemical User (Body shop, research and design, analytical labs, pool supplies) $715.00

Large Chemical User, Semiconductor $1,144.00 Plating shops $858.00 Small Toxic Gas - Annual Monitoring Certification $572.00 Large Toxic Gas - Annual Monitoring Certification $1,144.00 Underground tanks $429.00 Urban Runoff Inspections (Industrial) $286.00 Urban Runoff Inspections (Restaurants-once every 2

years) $286.00

CONSTRUCTION REVIEW/PERMIT/INSPECTION Planning Permits/Reviews

Project Development and EIR review $1,144.00 Consultative Meetings over 1 hour duration $429.00

J:\Resolutions\Alpha\Final Reso Fire Dept Fee Schedule.doc 2 Resolution No. ___

Planning Applications (such as zoning), hrs * hourly rate per fee factor

Building Life/Safety Demolition (interior, or partial bldg, misc demolition) $286.00 Demolition (Complete Building with/without site

demolition) $429.00 Grading (< 1 acre) $286.00 Grading (1 to 5 acres) $429.00 Grading ( (≥ 5 acres) $572.00 Site Improvements (< 1 acre) $429.00 Site Improvements (1 to < 5 acres) $858.00 Site Improvements (≥ 5 acres), 2 HRS / acre or fraction thereof (plan check and inspection included). (Acres * 2) * $/HR per fee factor New Building Shell (< 5K SF) $429.00 New Building Shell (5K to < 25K SF) $858.00 New Building Shell (25K to < 50K SF) $1,287.00 New Building Shell (≥ 50K sf), (.0002 HR/SF) * SF * $/HR per fee factor New Building w/ Improvements (< 5K SF) $429.00 New Building w/ Improvements (5K to < 25K SF) $1,144.00 New Building w/ Improvements (25K to < 50K SF) $2,145.00 New Building Shell with Improvements (≥50K sf) (.0003 HR/SF) * SF * $/HR per fee factor Addition, Alteration (< 5K SF) $429.00 Addition, Alteration (5K to < 25K SF) $1,144.00 Addition, Alteration (25K to < 50K SF) $2,145.00 Addition, Alteration (≥50K SF). (0003 HR/SF) * SF * $/HR per fee factor Over-the-Counter (see schedule above) per fee schedule Plan Check by Appointment (see schedules above) per fee schedule Missed Plan Check by Appointment $143.00 Revision to Project (hrs * hourly rate). Minimum 1HR per fee factor

Tents, canopies, membrane structures 4 or less $429.00 5 or more $572.00

Temporary Assembly (indoors or outdoors), (with or without tent)

J:\Resolutions\Alpha\Final Reso Fire Dept Fee Schedule.doc 3 Resolution No. ___

Occupancy 50-299 $429.00 Occupancy 300-999 $715.00 Occupancy 1000 and greater $1,144.00

Fire Extinguishing Systems Fire service underground, repair (each) $286.00 Fire service underground, new or replace (each) $715.00 New, Addition, Alteration to Sprinkler System (< 2K SF) $429.00 New, Addition, Alteration to Sprinkler System ( 2K to < 10K SF) $1,001.00 New, Addition, Alteration to Sprinkler System (10K to < 50K SF) $2,002.00 New, Addition, Alteration to Sprinkler System (≥ 50K SF) (.0003 HR/SF) * SF * $/HR per fee factor Hood and Duct Systems (each) $572.00 FM 2000 (under floor systems, etc), each $572.00 Other (deluge, foam, preaction, etc), each $572.00

Fire Alarm Systems Addition, Alteration, Repair < 5 devices (for new panel, see schedule below) $286.00 Addition, Alteration, Repair 5 to < 10 devices, (10 or more devices and/or new panel see schedule below) $572.00 New Fire Alarm (< 5K SF) $572.00 New Fire Alarm (5K to < 10K SF) $858.00 New Fire Alarm (10K to < 50K SF) $1,287.00 New Fire Alarm (≥ 50K SF) (.00025 HR/SF) * SF * $/HR per fee factor

Hazardous Materials - Building Construction Small TI (registration form, nitrous oxide and oxygen system) $286.00 Medium TI (Emergency generator, lift stations, aboveground tanks, treatment, large tank installations $715.00 Large TI (“H” occupancy, Plating) $1,287.00 Toxic Gas Tools (furnaces, implanter, reactors $1,144.00 Closure – process/tools $429.00

Closure - facility Small TI N/A Medium TI $429.00 Large TI $715.00

J:\Resolutions\Alpha\Final Reso Fire Dept Fee Schedule.doc 4 Resolution No. ___

Underground Tank Installations

2 tanks or less $1,144.00 Each additional tank $286.00

Underground Tank Removals 2 tank systems or less $429.00 Each additional tank system $143.00

INVESTIGATION/ENFORCEMENT Response/Investigation Fee hrs * hourly rate Fire Code Article 80 Release Cleanup hrs * hourly rate Referral Inspection (Life/Safety) Minimum charge $286.00 Referral Inspection (Haz Mat) Minimum charge $286.00 Enforcement Cost Recovery hrs * hourly rate

MISCELLANEOUS

After-hours inspections (Life Safety & Hazardous Materials)

hrs * hourly rate, 3 hr minimum

Alternate Materials and Methods Review $572.00 Fire Watch, (hrs * hourly rate) hrs * hourly rate, 3

hr minimum New Occupancy (new business) $143.00 Smoke Detectors verification (new owner) $143.00 Detection system maintenance certification $143.00

Pre-inspection (residential care facilities) Health & Safety

Code Title 19 5-year automatic fire sprinkler certification $429.00 Response to DUI hrs. * hourly rate Confined Space permits hrs. * hourly rate Emergency Response – Haz Mat Calls hrs. * hourly rate Non-Milpitas Response hrs. * hourly rate

hrs. * hourly rate Data input (HMBP/HMIS) Minimum of

$286.00 Late fee – over 60 days Collection Cost Failure to obtain a permit Double standard fee Fire code permits not otherwise listed $286.00 Temporary C of O $71.50 Weed Abatement $143.00

First two in 12 month time-frame,

no charge

3rd - $300.00

Unwanted Alarm

4th - $600.00

J:\Resolutions\Alpha\Final Reso Fire Dept Fee Schedule.doc 5 Resolution No. ___

5th - $900.00 All others $ 900.00

Classroom: Trailer $ 60.00/hour

Admin. $ 70.00/hour

Training

Instructor: hrs. * hourly rate

Standard Hourly Fee $ 143.00 per hour Other activities not listed $ 143.00 per hour Electronic Archive (Once every 2 years) flat fee of $ 25.00 Emergency Response Mapping - new projects flat fee of $ 143.00

SF = square footage

$/HR = hourly rate K = 1,000

J:\Resolutions\Alpha\Final Reso Fire Dept Fee Schedule.doc 6 Resolution No. ___

2

B. Calculating Average Number-of-Hours for Permit and Inspection Services There are over 100 different activities that the Fire Department applies fees to for permits and inspections.6 The Fire Department determines the average number of hours it takes to complete each activity by adding together the time it takes for plan checking, clerical, and inspection functions, which is determined through an extensive review process by Fire Prevention Division field and office personnel.7 The average amount of time assigned to activities may include the time it takes to conduct the initial inspection and one follow-up compliance-inspection for occupancies that typically require two inspections prior to achieving compliance. For occupancies not exhibiting this trend, the additional inspection time is not added to the average time allocation. For all occupancies, however, the Fire Department charges third and subsequent inspections under the Penalty Fee Schedule instead of including them in the base time-average because most occupancies achieve compliance by the second inspection, and it provides better tailoring not to include the penalty inspections in the base fee as it unduly penalizes compliant occupancies. For the presently proposed fee schedule, Fire Prevention Division personnel verified the average number of hours assigned to each activity on the fee schedule, utilizing the process described above (and explained in greater detail in Attachment 5). C. Multiplying the Hourly Rate by the Average Number-of-Hours With the hourly-rate and the average number-of-hours updated, the fee schedule can be completed simply by multiplying these together. For example, an A-1 occupancy (theaters and other similar viewing halls) takes on average four hours of staff time and the staff time costs approximately $143 per hour. This means that the fee will be $572 (4 hours x $143). The proposed fee schedule has calculated the cost and the hours together for each activity so that the total cost is apparent to permit applicants at the outset (as reflected on Attachment 4). III. Recommendation In accordance with the Finance Subcommittee’s direction, staff recommends that the council approve 100% cost-recovery for Fire Code compliance matters by adopting the proposed fee schedule. Attachments: Attachment 1: Table 1 Cost Allocation by Program, 2007 Cost Allocation Study (p. 12) Attachment 2: Finance Department Cost Allocation Study to Determine Fire Department Costs Attachment 3: Finance Director memo - Methodology of Calculating Full Cost Recovery Hourly Rate Attachment 4: Proposed Fire Department Fee Schedule 2007 Attachment 5: Declaration of Fire Marshal

6 See Proposed Fire Department Fee Schedule 2007 (Attachment 4.) 7 See Declaration of Fire Marshal - Determining Average Permit and Inspection Times for Fee Schedule. (Attachment 5.)

ATTACHMENT 1

Annual FY07/08 Work

Function # HrsAnnual Sal/cost Hrs Nonproductive Hours

821 Fire Marshal 2,080 224,434 1,696 Training 40821 Office Specialist 2,080 92,346 1,696 Vacation 160821 Assistant Fire Marshal 2,080 206,096 1,696 Sickleave 40821 Non-Personnel Cost 62,322 Holidays 104822 Fire Prevention Inspector - Administrat 40822 Fire Prevention Inspector - 384822 Non-Personnel Cost 43,100 18%823 Hazardous Material Insp 2,080 172,392 1,696 823 Hazardous Material Insp 2,080 176,678 1,696 823 Hazardous Material Insp 2,080 172,392 1,696 823 Non-Personnel Cost 11,780 824 Fire Protection Engineer - 824 Fire Protection Engineer 2,080 153,130 1,696 824 Non-Personnel Cost 63,290

Total Direct Cost 1,377,960 11,872 Department Admin Allocation 1.35% 18,602 Central Services Allocation 8.06% 111,064 Building Occupancy/Maint Services Allocation 10.59% 145,926 Total Cost 1,653,552

Hourly rate 139.28$

3% IAFF MOU-1/2008 143.46

FINANCE DEPARTMENT COST ALLOCATION STUDY TO DETERMINE FIRE DEPARTMENT COSTS

ATTACHMENT 2

M E M O R A N D U M Department of Financial Services

To: Clare Frank, Fire Chief

From: Emma C. Karlen, Director of Financial Services

Subject: Methodology for Calculating the Full Cost Recovery Hourly Rate for Fire Prevention Services

Date: December 4, 2007

Effective January 2008, the full cost recovery hourly rate of Fire Prevention Division was determined to be approximately $143. The full cost of providing fire prevention services includes direct cost such as personnel costs and supplies, and a portion of the indirect costs consisting of department administration and centralized internal service costs (commonly known as overhead costs). The indirect costs were allocated to the Fire Prevention Division using cost allocation formula. The City last updated its Cost Allocation Study in February 2007. As determined by that study, Fire Prevention Division’s indirect costs represent approximately 20% of its direct costs. To derive the full cost recovery hourly rate for Fire Prevention, the sum of the direct costs and the allocated indirect costs were divided by the number of work hours in that division.

ATTACHMENT 3

PROPOSED FIRE DEPARTMENT FEE SCHEDULE (2007)

Activity Permit FeeANNUAL PERMITS

A-1 Occupancy (theaters and other similar viewing halls) $572.00A-2 Occupancy (Food and drink establishment) $429.00A-3 Occupancy (worship, recreation or amusement) $429.00A-4 & A-5 Occupancy (indoors or outdoors sports event structures) $1,001.00High Piled Storage $572.00Malls $1,001.00Motels $429.00Hotels and multi-story structures (< 5 stories) $858.00Hotels and multi-story structures (5 or more stories, 1.5 HR per floor for insp.). (Number of floors * 1.5) * $/HR per fee factorCommercial Daycare - small (< 100) $286.00Commercial Daycare - large (> 100) $572.00Residential - small family daycare no feeResidential - large family daycare $71.50Small Apartments (3 - 4 units) $214.50Medium Apartments (5 - 15 units) $858.00Large Apartments (more than 15 units) $1,144.00Small Chemical User (doctor/dentist, dry cleaner, photo shop, graphic design, print shop, auto repair, retail sales with propane) $286.00Medium chemical User (Body shop, research and design, analytical labs, pool supplies) $715.00Large Chemical User, Semiconductor $1,144.00Plating shops $858.00Small Toxic Gas - Annual Monitoring Certification $572.00Large Toxic Gas - Annual Monitoring Certification $1,144.00Underground tanks $429.00Urban Runoff Inspections (Industrial) $286.00Urban Runoff Inspections (Restaurants-once every 2 years)

$286.00

Page 1 of 5

ATTACHMENT 4

CONSTRUCTION REVIEW/PERMIT/INSPECTIONPlanning Permits/Reviews

Project Development and EIR review $1,144.00Consultative Meetings over 1 hour duration $429.00Planning Applications (such as zoning), hrs * hourly rate per fee factor

Building Life/SafetyDemolition (interior, or partial bldg, misc demolition) $286.00Demolition (Complete Building with/without site demolition) $429.00

Grading (< 1 acre) $286.00Grading (1 to 5 acres) $429.00Grading ( (≥ 5 acres) $572.00

Site Improvements (< 1 acre) $429.00Site Improvements (1 to < 5 acres) $858.00p ( )thereof (plan check and inspection included). (Acres * 2) * $/HR per fee factor

New Building Shell (< 5K SF) $429.00New Building Shell (5K to < 25K SF) $858.00New Building Shell (25K to < 50K SF) $1,287.00New Building Shell (≥ 50K sf), (.0002 HR/SF) * SF * $/HR per fee factor

New Building w/ Improvements (< 5K SF) $429.00New Building w/ Improvements (5K to < 25K SF) $1,144.00New Building w/ Improvements (25K to < 50K SF) $2,145.00New Building Shell with Improvements (≥50K sf) (.0003 HR/SF) * SF * $/HR per fee factor

Addition, Alteration (< 5K SF) $429.00Addition, Alteration (5K to < 25K SF) $1,144.00Addition, Alteration (25K to < 50K SF) $2,145.00Addition, Alteration (≥50K SF). (0003 HR/SF) * SF * $/HR per fee factor

Over-the-Counter (see schedule above) per fee schedule

Plan Check by Appointment (see schedules above) per fee schedule

Missed Plan Check by Appointment $143.00

Revision to Project (hrs * hourly rate). Minimum 1HR per fee factor

Page 2 of 5

Tents, canopies, membrane structures4 or less $429.005 or more $572.00

Temporary Assembly (indoors or outdoors), (with or without tent)

Occupancy 50-299 $429.00Occupancy 300-999 $715.00Occupancy 1000 and greater $1,144.00

Fire Extinguishing SystemsFire service underground, repair (each) $286.00Fire service underground, new or replace (each) $715.00

New, Addition, Alteration to Sprinkler System (< 2K SF) $429.00New, Addition, Alteration to Sprinkler System ( 2K to < 10K SF) $1,001.00New, Addition, Alteration to Sprinkler System (10K to < 50K SF) $2,002.00New, Addition, Alteration to Sprinkler System (≥ 50K SF) (.0003 HR/SF) * SF * $/HR per fee factor

Hood and Duct Systems (each) $572.00

FM 2000 (under floor systems, etc), each $572.00

Other (deluge, foam, preaction, etc), each $572.00

Fire Alarm SystemsAddition, Alteration, Repair < 5 devices (for new panel, see schedule below) $286.00Addition, Alteration, Repair 5 to < 10 devices, (10 or more devices and/or new panel see schedule below) $572.00

New Fire Alarm (< 5K SF) $572.00New Fire Alarm (5K to < 10K SF) $858.00New Fire Alarm (10K to < 50K SF) $1,287.00New Fire Alarm (≥ 50K SF) (.00025 HR/SF) * SF * $/HR per fee factor

Page 3 of 5

Hazardous Materials - Building ConstructionSmall TI (registration form, nitrous oxide and oxygen system)

$286.00Medium TI (Emergency generator, lift stations, aboveground tanks, treatment, large tank installations $715.00Large TI (“H” occupancy, Plating) $1,287.00Toxic Gas Tools (furnaces, implanter, reactors $1,144.00Closure – process/tools $429.00

Closure - facilitySmall TI N/AMedium TI $429.00Large TI $715.00

Underground Tank Installations2 tanks or less $1,144.00Each additional tank $286.00

Underground Tank Removals2 tank systems or less $429.00Each additional tank system $143.00

INVESTIGATION/ENFORCEMENTResponse/Investigation Fee hrs * hourly rateFire Code Article 80 Release Cleanup hrs * hourly rateReferral Inspection (Life/Safety) Minimum charge $286.00Referral Inspection (Haz Mat) Minimum charge $286.00Enforcement Cost Recovery hrs * hourly rate

Page 4 of 5

MISCELLANEOUSAfter-hours inspections (Life Safety & Hazardous Materials) hrs * hourly rate, 3 hr

minimumAlternate Materials and Methods Review $572.00Fire Watch, (hrs * hourly rate) hrs * hourly rate, 3 hr

minimumNew Occupancy (new business) $143.00Smoke Detectors verification (new owner) $143.00Detection system maintenance certification $143.00Pre-inspection (residential care facilities) Health & Safety CodeTitle 19 5-year automatic fire sprinkler certification $429.00

Response to DUI hrs. * hourly rateConfined Space permits hrs. * hourly rateEmergency Response – Haz Mat Calls hrs. * hourly rateNon-Milpitas Response hrs. * hourly rate

hrs. * hourly rateMinimum of $286.00

Late fee – over 60 days Collection CostFailure to obtain a permit Double standard feeFire code permits not otherwise listed $286.00 Temporary C of O $71.50 Weed Abatement $143.00

First two in 12 month time-frame, no charge

3rd - $300.004th - $600.005th - $900.00

All others $ 900.00Classroom:

Trailer $ 60.00/hourAdmin. $ 70.00/hour

Instructor: hrs. * hourly rate

Standard Hourly Fee $ 143.00 per hourOther activities not listed $ 143.00 per hourElectronic Archive (Once every 2 years) flat fee of $ 25.00Emergency Response Mapping - new projects flat fee of $ 143.00

SF = square footage square footage$/HR = hourly rate hourly rate

K = 1,000 1,000

Training

Data input (HMBP/HMIS)

Unwanted Alarm

Page 5 of 5

ATTACHMENT 5

EXHIBIT A

EXHIBIT B

FD Fee Worksheet 11-28-07

Activity Tim

e - P

lan

Chec

kTi

me

- In

spec

tion

Tota

l Tim

e fo

r Act

ivity

ANNUAL PERMITSA-1 Occupancy (theaters and other similar viewing halls) 1 3 4A-2 Occupancy (Food and drink establishment) 1 2 3A-3 Occupancy (worship, recreation or amusement) 1 2 3A-4 & A-5 Occupancy (indoors or outdoors sports event structures) 1 6 7High Piled Storage 1 3 4Malls 1 6 7Motels 1 2 3Hotels and multi-story structures (< 5 stories) 1 5 6Hotels and multi-story structures (5 or more stories, 1.5 HR per floor for insp.). (Number of floors * 1.5) * $/HRCommercial Daycare - small (< 100) 2 2Commercial Daycare - large (> 100) 4 4Residential - small family daycare N/cResidential - large family daycare 0.5 0.5Small Apartments (3 - 4 units) 0.5 1 1.5Medium Apartments (5 - 15 units) 2 4 6Large Apartments (more than 15 units) 2 6 8Small Chemical User (doctor/dentist, dry cleaner, photo shop, graphic design, print shop, auto repair, retail sales with propane) 1 1 2Medium chemical User (Body shop, research and design, analytical labs, pool supplies)

2 35

Large Chemical User, Semiconductor 2 6 8Plating shops 2 4 6Small Toxic Gas - Annual Monitoring Certification 4 4Large Toxic Gas - Annual Monitoring Certification 8 8Underground tanks 1 2 3Urban Runoff Inspections (Industrial) 1 1 2Urban Runoff Inspections (Restaurants-once every 2 years)

1 1 2

Page 1 of 5

EXHIBIT C

CONSTRUCTION REVIEW/PERMIT/INSPECTIONPlanning Permits/Reviews

Project Development and EIR review 8 8Consultative Meetings over 1 hour duration 3 3Planning Applications (such as zoning), hrs * hourly rate

Building Life/SafetyDemolition (interior, or partial bldg, misc demolition) 1 1 2Demolition (Complete Building with/without site demolition) 2 1 3

Grading (< 1 acre) 1 1 2Grading (1 to 5 acres) 2 1 3Grading ( (≥ 5 acres) 3 1 4

Site Improvements (< 1 acre) 2 1 3Site Improvements (1 to < 5 acres) 4 2 6p ( )thereof (plan check and inspection included). (Acres * 2) * $/HR

New Building Shell (< 5K SF) 2 1 3New Building Shell (5K to < 25K SF) 4 2 6New Building Shell (25K to < 50K SF) 6 3 9New Building Shell (≥ 50K sf), (.0002 HR/SF) * SF * $/HR

New Building w/ Improvements (< 5K SF) 2 1 3New Building w/ Improvements (5K to < 25K SF) 5 3 8New Building w/ Improvements (25K to < 50K SF) 10 5 15New Building Shell with Improvements (≥50K sf) (.0003 HR/SF) * SF * $/HR

Addition, Alteration (< 5K SF) 2 1 3Addition, Alteration (5K to < 25K SF) 5 3 8Addition, Alteration (25K to < 50K SF) 10 5 15Addition, Alteration (≥50K SF). (0003 HR/SF) * SF * $/HR

Over-the-Counter (see schedule above)

Plan Check by Appointment (see schedules above)

Missed Plan Check by Appointment 1 1

Revision to Project (hrs * hourly rate). Minimum 1HR

Page 2 of 5

Tents, canopies, membrane structures4 or less 1 2 35 or more 2 2 4

Temporary Assembly (indoors or outdoors), (with or without tent)

Occupancy 50-299 1 2 3Occupancy 300-999 2 3 5Occupancy 1000 and greater 4 4 8

Fire Extinguishing SystemsFire service underground, repair (each) 1 1 2Fire service underground, new or replace (each) 2 3 5

New, Addition, Alteration to Sprinkler System (< 2K SF) 1 2 3New, Addition, Alteration to Sprinkler System ( 2K to < 10K SF) 3 4 7New, Addition, Alteration to Sprinkler System (10K to < 50K SF) 6 8 14New, Addition, Alteration to Sprinkler System (≥ 50K SF) (.0003 HR/SF) * SF * $/HR

Hood and Duct Systems (each) 2 2 4

FM 2000 (under floor systems, etc), each 2 2 4

Other (deluge, foam, preaction, etc), each 2 2 4

Fire Alarm SystemsAddition, Alteration, Repair < 5 devices (for new panel, see schedule below) 1 1 2Addition, Alteration, Repair 5 to < 10 devices, (10 or more devices and/or new panel see schedule below) 2 2 4

New Fire Alarm (< 5K SF) 2 2 4New Fire Alarm (5K to < 10K SF) 2 4 6New Fire Alarm (10K to < 50K SF) 4 5 9New Fire Alarm (≥ 50K SF) (.00025 HR/SF) * SF * $/HR

Page 3 of 5

Hazardous Materials - Building ConstructionSmall TI (registration form, nitrous oxide and oxygen system)

1 1 2Medium TI (Emergency generator, lift stations, aboveground tanks, treatment, large tank installations 2 3 5Large TI (“H” occupancy, Plating) 4 5 9Toxic Gas Tools (furnaces, implanter, reactors 3 5 8Closure – process/tools 1 2 3

Closure - facilitySmall TI n/c n/cMedium TI 1 2 3Large TI 2 3 5

Underground Tank Installations2 tanks or less 2 6 8Each additional tank 2 2

Underground Tank Removals2 tank systems or less 1 2 3Each additional tank system 1 1

INVESTIGATION/ENFORCEMENTResponse/Investigation Fee Fire Code Article 80 Release Cleanup Referral Inspection (Life/Safety) Minimum charge 2 2Referral Inspection (Haz Mat) Minimum charge 2 2Enforcement Cost Recovery

Page 4 of 5

MISCELLANEOUSAfter-hours inspections (Life Safety & Hazardous Materials)

Alternate Materials and Methods Review 4 4Fire Watch, (hrs * hourly rate)

New Occupancy (new business) 1 1Smoke Detectors verification (new owner) 1 1Detection system maintenance certification 1 1Pre-inspection (residential care facilities)Title 19 5-year automatic fire sprinkler certification 1 2 3

Response to DUIConfined Space permitsEmergency Response – Haz Mat CallsNon-Milpitas Response

Late fee – over 60 daysFailure to obtain a permitFire code permits not otherwise listedTemporary C of O 0.5 0.5Weed Abatement

Standard Hourly FeeOther activities not listedElectronic Archive (Once every 2 years)Emergency Response Mapping - new projects

SF = square footage$/HR = hourly rate

K = 1,000

Training

Data input (HMBP/HMIS)

Unwanted Alarm

Page 5 of 5