Loading...
HomeMy WebLinkAbout04888ORDINANCE NO. 4888 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PUEBLO CREATING THE PUEBLO REGIONAL BUILDING DEPARTMENT AND REPEALING ORDINANCE NO. 4559 RELATING THERETO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1 The Agreement dated August 10, 1981 between the City of Pueblo, a Municipal Corporation and the Board of County Com- missioners of the County of Pueblo creating the Pueblo Regional Building Department under the authority of C.R.S. 1973, 29 -1 -203, a copy of which is attached hereto and incorporated herein as if set out in full having been approved by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is hereby directed and authorized to execute said Agreement for and on behalf of the City and the City Clerk is directed to attest same and affix the seal of the City thereto. SECTION 3 Ordinance No. 4559 approved on final presentation on January 22, 1979 is hereby repealed. INTRODUCED July 27 , 1981 BY DnRnWV RTTTC'_9R Councilpersot APPROVED: President o Courr8il A'T'TEST: � � l City Clbrk , / V AMENDED AGREEMENT PUEBLO REGIONAL BUILDING DEPARTMENT THIS AGREEMENT made and entered into this /a� day of 14 yre,S , 1981, by and between THE CITY OF PUEBLO, COLORADO, a municipal corporation, hereinafter "City," and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PUEBLO, COLORADO, hereinafter "County." W I T N E S S E T H: WHEREAS, it has been determined that a Regional Building Department would best serve the citizens of the City and of the County of Pueblo, Colorado and would promote the public health, safety and welfare of the region; and WHEREAS, the City and the County have and intend to adopt nearly identical building codes, herein called "Codes," to regulate and control all building construction, including but not limited to building, electrical, mechanical, heating, plumbing and other construction related activities in the City of Pueblo and in the zoned areas of Pueblo County excluding any other municipal territory; and WHEREAS, it has been determined that joint facilities, personnel committees and boards should be used and maintained for the administration and enforcement of each such building code. NOW, THEREFORE, IT IS AGREED: I ORGANIZATION 1. There is hereby established a joint facility, function and service under the authority of Section 29 -1 -203, 1973 C.R.S. (as amended), which shall be known as the Pueblo Regional Building Department, hereinafter "Department." The function and responsibility of the Department shall be the administration and enforcement of the building and construction Codes of the City and the County. 2. The governing body of the Department shall be known as the Regional Building Commission, hereinafter "Commission." The Commission shall be composed of seven members, three appointed by the City, three appointed by the County and one jointly appointed by the City and the County. One member appointed by each the City and the County shall be appointed for an initial term of one year, one member appointed by each the City and the County shall be appointed for an initial term of two years, one member appointed by each the City and the County shall be appointed for an initial term of three years, and one member shall be jointly appointed for an initial term of three years. Following the initial terms, each member shall be appointed to terms of three years. Any member may be removed with or without cause by the party by whom such member was appointed. In the event of the removal, resignation, or death of any member, the party which designated such member shall promptly appoint a successor member to fill the unexpired term of such member. 3. The Commission shall have the following powers and functions: a. Provide for general supervision, admin- istration and establish policy direction to the Department. b. Appoint the Building Official of the De- partment who shall serve at the pleasure of the Commission. C. Prepare or cause to be prepared the annual proposed budget of the Department reflecting estimates of revenues and expenditures for the coming calendar year and containing such other information as the City and the County shall require. Such proposed budget may also include such recommendations as to other financial matters relating to the operation of the Department as the Commission may desire. MPM Such proposed budget shall be submitted to the City Council and Board of County Commissioners on or before September 1 of each year for the following calendar year. All expenditures made by the Commission shall be in accordance with the annual budget approved by the City and County. d. Make monthly reports of actual revenues and expenditures of the Department to the City and the County on or before the 15th day of the month following the end of each calendar month, including all transactions for the previous calendar month. Such reports shall be in such detail as the City and the County shall require. e. Cause to be made an accounting and audit of the financial operations of the Department by an independent Certified Public Accountant at the end of each calendar year. f. Adopt such By -Laws, promulgate such Rules and Regulations and do all things necessary to the proper governance and administration of the Department. g. Meet at least monthly at a regular time to be established by the By -Laws of the Com- mission. h. Meetings of the Commission shall be public meetings subject to Section 29 -9 -101, et. seq. C.R.S. 1973 (as amended). II PERSONNEL 4. Except as herein stated, the employees of the Department shall be responsible, through the duly appointed Building Official, to the Commission. Subject to annual budget -3- approvals by the City and the County and the provisions of this Agreement, the Commission shall be solely responsible for the number and compensation of Department employees and their functions and duties. 5. The Department may contract with either the City or the County or with another entity, public or private, for bookkeeping and records services, including payroll services, and such other services as the Commission deems necessary. The cost of such services shall be considered an expense of the Department. 6. By resolution, the Commission shall apply for affiliation with the Public Employees Retirement Association under Title 24, Article 51, C.R.S. 1973. If not eligible for such affiliation, the Commission may establish a retirement benefit program for its employees. Employer contribution to the Public Employees Retirement Association or other retirement benefit program shall be paid by the Department as an expense of the Department. 7. By resolution, the Commission shall adopt personnel policies and procedures applicable to all employees of the Department and designate a person to act as personnel director for the Department. Such policies shall include but not be limited to, such matters as hiring, job description, grievance procedures, training, compensation, fringe benefits, holidays, leave of absence, and termination. III CODE ADMINISTRATION 8. The parties agree that to the extent possible each will adopt building and construction Codes as nearly uniform as possible, and to that end each party will meet and confer with one another and seek recommendations from the Department before amending or adopting all applicable Codes. 9. The Department is charged with the administration of building and construction Codes of the City and of the -4- County, including without limitation: (a) Licensing or registration of building trade contractors, masters, and journey- men as defined in the respective building and construction Codes. (There shall be a single license or registration required to do work authorized by such license or registration within the City and the County and all contractors shall furnish such bonds and insurance required by the City and County before being so licensed); (b) Collection of all fees; (c) Checking of plans for Code compliance and issuance of building permits; (d) Inspections at construction site as required to assure Code compliance, including right of entry for such purposes. (e) Building regulations adopted by the County for the unincorporated areas of Pueblo County shall not apply to agricultural buildings. 10. The Department is charged with enforcement of the building and construction Codes adopted by the City and by the County. 11. Zoning and subdivision administration shall be the responsibility of each contracting party and not of the Department. IV LICENSING AND CODE INTERPRETATION 12. There is hereby created for each of the applicable Codes a Board of Review consisting of five members to be appointed by the City and the County acting as individual bodies but in agreement. The members shall be appointed for terms of three years except that initial term shall be staggered as follows: one member for a one year term; two members for two year terms; and two members for three year terms. -5- 13. The function and composition of each Board of Review are as follows: (a) Electrical. The Electrical Board of Review is vested with the authority to issue, suspend or revoke licenses, make reasonable intern%.-itions, grant minor variances, hear appeals, and review performance of work under the adopted Electrical Code. The Electrical Board of Review shall be composed of a professional engineer registered in Colorado who specializes as an electrical engineer, two Colorado licensed electrical contractors, and two Colorado licensed jour- neyman electricians. (b) Plumbing. The Plumbing Board of Review is vested with the authority to issue, suspend or revoke licenses, make reasonable interpretations, grant minor variances, hear appeals, and review performance of work under the adopted Plumbing Code. The Plumbing Board of Review shall be composed of a professional engineer registered in Colorado who specializes as a mechanical engineer, two Colorado Licensed plumbing contractors, and two Colorado licensed journeyman plumbers. (c) Mechanical. The Mechanical Board of Review is vested with the authority to issue, suspend or revoke licenses, make reasonable interpretations, grant minor variances, hear appeals, and review performance of work under the adopted Mechanical Code. The Mechanical Board of Review shall be composed of a professional engineer registered in Colorado who specializes as a mechanical -6- engineer, two contractors licensed under the adopted Mechanical Code or licensed gas installation contractors, and two licensed journeyman gas fitters or sheet metal workers or persons experienced in performing work under the Mechanical Code. (d) Building. The Building Board of Review is vested with the authority to issue, suspend or revoke licenses, make reasonable interpretations, grant minor variances, hear appeals, and review performance or work under the adopted Building Code and such other minor or secondary building codes as the City or the County have adopted or may hereafter adopt. The Building Board of Review shall be composed of a professional engineer registered in Colorado who specializes in the field of structural design, an architect registered in Colorado, two licensed general contractors (one of whom shall be classified as unlimited), and a licensed journeyman in the building trades industry or a person experienced in performing work under the Building Code. 14. Those building contractors doing business in the unincorporated areas of Pueblo County on the effective date of this agreement shall not be required to take a written examination to obtain the lowest class of building license from the Commission provided, however, that all of the following requirements are met: (a) A contractor shall have been actively engaged in the building trades industry as a Contractor for the last three consecutive years or four years out of the last six years; -7- (b) A contractor shall have done at least $100,000.00 of building trades construction work as a contractor during each of such years; (c) Each contractor demonstrates the capability of being bonded and insured; and (d) A contractor shall make application for a license within 3 months after the effective date of this agree- ment and otherwise qualify for such license. 15. All inspectors for the electrical and plumbing codes shall be Colorado licensed journeymen in the building trades industry and experienced in performing work under the applicable code. All inspectors for the mechanical and building codes shall be Colorado licensed journeymen, or shall be certified by the International Conference of Building Officials (ICBO) within a stated period of time, not to exceed six months, as determined by the Commission, after commencing employment. Mechanical and building inspectors shall also be experienced in performing work under the applicable code. The Department shall establish and implement a program for continued education and training for all inspectors. Each major code shall have a chief inspector whose interpretation under such Code shall be final unless appealed to the Board of Review for such Code. The Building Official shall be the chief inspector under the adopted Building Code and such other minor or secondary building and construction Codes as the City or the County have or may hereafter adopt with authority to designate another qualified employee of the Department as such chief inspector. 16. The Building Official shall, subject to the general supervision of the Commission, its adopted policies, and this Agreement, be the chief executive and administrative officer of the Department, supervise all Department employees, maintain reports and records, act as Secretary to the Commission and each Board of Review and maintain permanent records of their meetings, and account for all fees and other monies collected by the Department. WE 17. (a) Any person aggrieved by any ruling, decision, interpretation, or order of the Building Official or of a Chief Code Inspector shall have the right to appeal to the appropriate Board of Review by filing a written appeal with the Building Official within ten (10) days from the date of the ruling, decision, interpretation, or order. If such a notice is filed, the appropriate Board of Review shall set a time and place for a hearing, and by certified mail or personal service notify the party filing the appeal. The date of hearing shall be not more than fifteen (15) days after the filing of appeal. The hearing shall be open to the public and all interested persons shall be heard. The concurring vote of three members of the appropriate Board of Review shall affirm, modify, or reverse any appealed ruling, decision, interpretation or order. The appropriate Board of Review may permit variance from the strict terms and provisions of the applicable Code if such variance can be made without increasing the hazards to health or safety of persons or property and when the granting of such variance will not violate the intent and purposes of such Code. Mere inconvenience to the applicant shall not be grounds for the granting of such variance. (b) Within thirty (30) days after the entry of any decision or order of a Board of Review, the Building Official, Department, or any person who is aggrieved by such decision or order may seek to review the same in the District Court. Review shall not be extended further than to determine whether the Board has exceeded its jurisdiction or abused its discretion. Pending such appeal all such rulings or decisions shall remain in full force and effect unless stayed by order of Court. (c) Each Board of Review is empowered to determine the suitability of alternate materials and types of installations under its Code and is also empowered to recommend to the City and the County new legislation relating to its Code. (d) Each Board of Review shall meet as often as may be necessary for the proper performance of its duties. Each Board shall be empowered to adopt reasonable rules and regulations for conducting its meetings and affairs. A quorum of a Board shall consist of a majority of all of its members. Each Board shall elect a chairman and co- chairman annually and maintain permanent records of all its proceedings. (e) Members of each Board of the Commission shall receive such per diem compensation as may be fixed by the City and County by joint Resolution passed by both the City and County. V FINANCIAL ADMINISTRATION 18. The Commission shall have custody and control of all movable equipment including without limitation automobiles, office equipment, furniture, fixtures and accessories. Such equipment shall be leased or purchased with revenues of the Department. In the event of termination of this Agreement, such equipment shall be offered to the City and the County in quantities as much as they shall desire at cost less depre- ciation. Any movable equipment remaining shall be offered at public sale to the highest offer and the proceeds distributed equally between the City and the County. All remaining assets shall be divided between the City and the County in direct proportion as the valuation of all construction work per- formed in each entity's jurisdiction was to the valuation of all work performed in the entire area under the jurisdiction of the Department for the final calendar year. 19. The Commission, subject to the adoption and approval of the City and the County, shall fix a reasonable schedule of fees to be paid under the various building and construction Codes for the issuance of permits and licenses to perform construction, reconstruction, remodeling, alteration, demolition, or other work which is subject to the respective adopted Codes. It is the declared intention of this Agreement -10- that such fees and the methods of computing such fees should be uniform. It is acknowledged, however, that costs of services rendered in the different jurisdictions may vary and therefore the Commission is authorized to add to the cost of inspection fees charges for mileage, travel time, and other necessary expenses incurred. It is the intention that the Department shall be self supporting but not profit making, and to that end, such fees shall be established and from time to time reestablished as the need shall become apparent to the Commission. 20. All monies received by the Department shall be placed in a special fund from which all operating expenses of the Department shall be paid. Accounts shall be kept of fees paid for permits within the City and the County. To the extent possible, expenses shall be allocated to the entity served. Overhead and other unallocable expenses shall be pro rated between the entities in direct proportion as the valuation of all construction work performed in that entity's jurisdiction is to the valuation of all work performed in the entire area under the jurisdiction of the Department for the calendar year in question. The Commission may recommend the revision of the formula herein set forth from time to time as required. No change in or revision to the formula shall become effective until mutually agreed to in writing by both the City and County. 21. (a) In the event revenues generated by any entity exceed expenses allocated to that entity in any calendar year, the balance shall be carried over for the purpose of paying operating expenses of that entity within the Department for the next calendar year. (b) In the event expenses allocated to any entity exceed revenues generated by that entity in any calendar year, the Commission may compute and charge such deficit to that entity in such amount as the expenses of the Department in rendering services within the jurisdiction of that entity -11- exceed the revenues generated by fees for work in such juris- diction, such amount shall be paid by the entity subject to requirements of annual appropriations; provided, however, that no expenditures shall be made or expenses incurred by the Commission except in conformity and compliance with the Department's annual budget as approved by the City and County. (c) License and registration fees for contractors, masters, journeymen, and similar license and registration fees shall be apportioned to the revenue accounts of the entities as the valuation of construction permits within such entity shall bear to the valuation of all construction permits within the entire area served by the Department. VI. OTHER 22. Amendments - This Agreement may be amended upon approval of the City Council of the City and the Board of County Commissioners of the County. 23. Effective Date - This Agreement shall become effective immediately upon approval by appropriate action of the City and County, and shall be implemented by January 1, 1982 or as soon thereafter as is reasonable and practicable. City and County shall cooperate among themselves and with the Department and shall insofar as practicable make available or transfer to the Department its books and records relating to licensing and inspections under the building and construction Codes. In the event of termination of this Agreement or the abolishment of the Department all such respective books and records shall be returned to the City and County. Neither this Agreement nor any provision herein contained shall constitute a repeal or be deemed to repeal any Ordinance or Resolution duly adopted by either the City or the County; nor shall this Agreement prohibit or preclude either the City or County from exercising their separate legislative or quasi - judicial powers relating to the matters covered by this Agreement or the enforcement of any Ordinance or Resolution relating to same. aWAM 24. Term - Termination - This Agreement shall be in force and effect until December 31, 1981, and shall continue in full force and effect from year to year thereafter unless terminated by one party giving the other party written notice of its intention to terminate at least six (6) months before the end of the calendar year, such termination to be effective on December 31 of the year in which notice is given. The party giving notice of termination shall be responsible for its share of any deficit and shall be entitled to its share of any excess of revenues over expenses. If either party shall fail to appropriate their share of funds for operation of the Department for the next calendar year the other party shall have the right to terminate the agreement by giving the other party at least ninety (90) days written notice of such termination. 25. Agreement - Validity - If any provision of this agreement shall be determined to be invalid, such determination shall not affect the validity of the other provisions hereof. CITY OF PUEBLO By Douglas Presi nt of City Council ATTEST: C C er APPROVED AS TO FORM: Thomas E. J ge , City Attorney THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PUEBLO COLORADO 1 / 1 � � By A. H. Hay en, ., Chai an ATTEST: v r R. C0 *17 erk -13- APPROVED AS TO FORM: -14-