Search

Q-22-021

ORDINANCE

ESTABLISHING NO PARKING AREAS DURING SCHOOL HOURS NEAR THE
FRANKLIN STREET SCHOOL

CITY OF NASHUA

In the Year Two Thousand and Twenty-Two

The City of Nashua ordains that Part II “General Legislation”, Chapter 320 “Vehicles
and Traffic”, Article XII “Parking, Stopping and Standing”, Section 320-61 “Parking in school
zones”, subsection A of the Nashua Revised Ordinances, as amended, be hereby further
amended by adding the following new underlined language in the appropriate alphabetical
order:

Ҥ 320-61. Parking in school zones.
There shall be no parking or stopping in a school zone during school hours:

A. Between duly erected signs stating “No Parking Between Signs During School
Hours.”

The following street(s) shall have no parking during school hours:

Name of Street Side Location

Charles Street East From Franklin Street to Winter Street
Franklin Street North From Locust Street to Charles Street
Locust Street Both Entire Length

Winter Street North From Charles Street to Locust Street”

All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

This ordinance shall become effective at the time of removal and/or installation of the necessary
sign(s) and/or device(s).

LEGISLATIVE YEAR 2022

ORDINANCE: O-22-022

PURPOSE: Updating Environmental Health Department Food-Service
Fees

SPONSOR(S): Alderman Ernest A. Jette

Alderwoman-at-Large Gloria Timmons

COMMITTEE
ASSIGNMENT:

FISCAL NOTE: Increased fees will result in additional general fund revenues.

ANALYSIS

This legislation updates the fees for food service licenses, plan reviews and inspections as
detailed in the legislation. The Board of Health voted to approve these proposed changes on
June 15, 2022.

Approved as to form: Office of Corporation Counsel

by Lac (la Me
Date: 2 Dy

mre, OVAL

O-22-022

ORDINANCE

UPDATING ENVIRONMENTAL HEALTH DEPARTMENT FOOD-SERVICE FEES

CITY OF NASHUA

In the Year Two Thousand and Twenty-Two

The City of Nashua ordains that Part II “General Legislation”, Chapter 170 “Food-
Service Establishments” of the Nashua Revised Ordinances, as amended, be hereby further
amended by deleting the struck-through language and adding the new underlined language as
follows:

Ҥ 170-4. Fee schedule.

A.———Each application for, or renewal of, a license to operate a food-service

establishment within the meaning of this chapter shall be accompanied by a fee

appropriate to the type and size of the operation in accordance with the following
schedule:

ORDINANCE ©-22-022

(A-1) Supermarkets and wholesale clubs with bulk food, salad bar, and/or kitchen or
food buffet: $1,000.

(B-1) Restaurants with seating capacity >100 seats: supermarkets as not defined in A-1:
mall restaurants with common seating: hotels without banquet and/or function
rooms: $550.

(B-2) Hotels and country clubs with banquet and/or function rooms: $1,500.

(C-1) Restaurants with seating capacity >25 but <100; bakeries: food distributors:
nursing homes: hospitals; food processors; beverage manufacturers:
commissaries; caterer; retail markets with no more than two retail designations:

$350.

ORDINANCE 0-22-022

(C-2) Retail markets with three or more designations: $450.

(D-1) Restaurants with <25 seats: private schools: childcare facilities; mobile vendors:
retail markets selling only prepackaged items: $200.

(E-1) Social clubs: seasonal concession stands: seasonal vendors: $100.

(E-2) Vending locations: $25.

(F-1) Public schools, religious institutions, soup kitchens, food pantries, non-profit
organizations not holding a liquor license: No Fee.

(G-1) Temporary event vendor: $50. Additional $25 expedite fee for applications
received less than 2 weeks prior to the event.

(G-2) Farmers market vendor: $50. Additional $25 expedite fee for applications
received less than 2 weeks prior to the event.

Annual license renewal applications received after the 10th day of the month following
license date of expiration will be charged a $25 late fee. If the renewal application and
payment is not received after the 20th day of the month following license date of
expiration, the food service establishment shall have its license suspended for operating
without a valid license. After renewal and late fee are paid, the facility will be seen in
good standing and may have its license reinstated.

B-—The Environmental Health Department shall make the final determination as to
which license fee is applicable to each individual food-service operation or establishment.
Retail designations used to determine fees include, but are not limited to, prepacked food,
perishable food, delicatessen, bulk food, salad bar, and shellfish vendor.

§ 170-11. Inspections.

C. Whenever an inspection of a food-service establishment is conducted, a record of
the inspection and findings shall be recorded on a uniform inspection report form
which has been approved by the Health Officer. This form shall summarize the
requirements necessary for such establishments to meet the minimum standards as
governed by regulations adopted under § 170-5. A copy of the completed
inspection form shall be furnished to the owner or operator of the food-service

establishment atthe-time-ofinspectien within one business day in accordance

ORDINANCE O-22-022

with § 170-6. Reinspection may be required if the routine inspection rating does
not meet minimum guidelines and criteria established by the department.

D. 1 euch rei . hall be 4/2 of 4 Fa Hj ; ;
the-feod-service establishment. The cost of such reinspection shall be $200 for fee

categories A-1, B-1, and B-2. The cost of such reinspection shall be $100 for fee
categories C-1, C-2, D-1, E-1, and E-2. There is no fee to inspect for fire, flood or
chemical damage, or to assess damage to supplies and equipment for insurance
purposes.

E. Whenever a change of ownership occurs, a change of ownership inspection is
required in accordance with § 170-2. The cost of such change of ownership
inspection shall be $50.

§ 170-12. Approval of plans; fees.

B. Fees for the mandatory food-service plan review and associated inspection(s) are
established in accordance with the following schedule:

(1) Major remodeling of existing establishment: $75-$100.

(2) Remodeling of existing establishment limited to equipment change and
minor structural modifications: $35-$50.

(3)

New food service establishment categorized as A-1. B-1, or B-2: $200.

(4) New-restaurantavithtess than 50 seats: $75. New food service

establishment categorized as C-1, C-2, D-1. or E-1: $125.

This ordinance shall become effective upon passage.

LEGISLATIVE YEAR 2022

ORDINANCE: O-22-023
PURPOSE: Updating Fire Prevention Fees
SPONSOR(S): Alderman Richard A. Dowd

Alderman-at-Large Melbourne Moran, Jr.

COMMITTEE
ASSIGNMENT:

FISCAL NOTE: Increased fees will result in additional general fund revenues.

ANALYSIS

This legislation updates the Fire Prevention fees for permits and inspections as shown in the
legislation.

Approved as to form: Office of Corporation Counsel

By: b : Oto tee
Date: _ pel hve. aa2e-

O-22-023

ORDINANCE

UPDATING FIRE PREVENTION FEES

CITY OF NASHUA

In the Year Two Thousand and Twenty-Two

The City of Nashua ordains that Part II “General Legislation”, Chapter 156 “Fire
Prevention”, Article VI “Fire-Suppression Systems”, Section 156-20 “Permits and fee
schedules”, of the Nashua Revised Ordinances, as amended, be hereby further amended by
deleting the struck-through language and adding the new underlined language as follows:

Ҥ 156-20. Permits and fee schedules.

A. A permit shall not be valid until the prescribed fees have been paid and the permit
issued. No permit to begin work for new construction, alteration, removal,
demolition or other building or fire operation shall be issued until the fees
prescribed in this section have been paid to the Office of the Fire Marshal, nor
shali an amendment to a permit necessitating an additional fee because of an
increase in the estimated cost or scope of work involved be approved until the
additional fee has been paid.

B. The Board of Aldermen may, at its option, waive or reimburse, as the case may
be, payment of fees payable under this section, in whole or in part, to the extent of
the value of municipal public improvements and/or land dedication, which an
applicant obligates itself to make, over and above impact fees and the applicant's
fair share of off-site improvements imposed as a condition of site plan or
subdivision approval.

(1) Permits/fees:

(a) Life safety/site plan review fee, per building (includes one rough
and one final inspection):

1] Site plan review, no new structures: $75.

10.

11.

shall be deemed to have been a termination at will. In that event, the City of Nashua shall,
if necessary, make an adjustment in the compensation paid to Professional Consultant such
that Professional Consultant receives total compensation in the same amount as it would
have received in the event of a termination-at-will.

C. GENERAL PROVISIONS FOR TERMINATION Upon termination of the contract, the City
of Nashua may take over the work and prosecute it to completion by agreement with
another party or otherwise. In the event Professional Consultant shall cease conducting
business, the City of Nashua shall have the right to solicit applications for employment
from any employee of the Professional Consultant assigned to the performance of the
contract.

Neither party shall be considered in default of the performance of its obligations hereunder
to the extent that performance of such obligations is prevented or delayed by any cause,
existing or future, which is beyond the reasonable control of such party. Delays arising
from the actions or inactions of one or more of Professional Consultant's principals,
officers, employees, agents, subcontractors, consultants, vendors, or suppliers are
expressly recognized to be within Professional Consultant's control.

DISPUTE RESOLUTION — The parties shall attempt to resolve any dispute related to this
contract as follows. Either party shall provide to the other party, in writing and with full
documentation to verify and substantiate its decision, its stated position concerning the
dispute. No dispute shall be considered submitted and no dispute shall be valid under this
provision unless and until the submitting party has delivered the written statement of its
position and full documentation to the other party. The parties shall then attempt to resolve
the dispute through good faith efforts and negotiation between the City of Nashua
Representative and a Professional Consultant Representative. At all times, Professional
Consultant shall carry on the work under this contract and maintain and complete work in
accordance with the requirements of the contract or determination or direction of the City
of Nashua. If the parties are unable to resolve their dispute as described above within 30
days, if requested in writing by either the City of Nashua or the Professional Consultant
within 14 days after the 30 days described above , the parties shall attempt to resolve the
dispute by entering into structured non-binding negotiations with the assistance of a
mediator on a without prejudice basis. The mediator shall be appointed by agreement of
the parties, which agreement shall not be unreasonably withheld. If the parties cannot agree
to a mediator within 30 days or the dispute cannot be settled within a period of thirty (30)
days with the mediator, the parties’ reserve the right to pursue any available legal and/or
equitable remedies for any breaches of this contract except as that right may be limited by
the terms of this contract.

NO DAMAGES FOR DELAY Apart from a written extension of time, no payment,
compensation, or adjustment of any kind shall be made to Professional Consultant for
damages because of hindrances or delays in the progress of the work from any cause, and
Professional Consultant agrees to accept in full satisfaction of such hindrances and delays
any extension of time that the City of Nashua may provide.

INSURANCE Professional Consultant shall carry and maintain in effect during the
performance of services under this contract:

>» General Liability insurance in the amount of $1,000,000 per occurrence;
$2,000,000 aggregate;

GC 6 of 13

ORDINANCE

(b)

0-22-9023
442] Up to 5,000 square feet area: $75100.

f2}{3] Five thousand one square feet to 15,000 square feet:
$209250.

{31+[4] Fifteen thousand one square feet to 25,000 square feet:
$325375.

f4}[5] Over25,000 square feet: $600.Twenty five thousand one

square feet to 50,000 square feet: $650.

[6] Over 50,000 square feet: $850.

Fire suppression systems permit, NEW SYSTEMS (includes one
rough and one final inspection):

[1] Application fee: $20.
[2] NFPA 13D system (per riser): $5575.

[3] NEPA 13 and 13R systems (per riser):

[a] Up to 10,000 square feet of protected area:
$220275.

[b] Ten thousand one square feet to 25,000 square feet:
$459500.

[c] Twenty-five thousand one square feet to 52,000
square feet: $600675.

[d] Over 52,000 square feet: $850.

f54[4] Partial sprinkler system (not complete building protection):
[a] | Up to 6 sprinkler heads: $3950.
[b] Seven to 20 sprinkler heads: $440130.

f6}[5] Standpipe systems (not part of combined
sprinkler/standpipe systems):