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January 22, 1979 is hereby repealed.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
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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
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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.
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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
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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;
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(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
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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
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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
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APPROVED AS TO FORM:
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