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8.3 Building Advisory Board CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 9/20/2010 TIME 4:00 P.M. AGENDA SECTION NO: 8 ORIGINATING DEPARTMENT: Development Services Building Services APPROVED FOR AGENDA: BY: Gary Hobbie ITEM NO. Page] 3 ITEM: Ordinance No. 10-10566 An ordinance amending Chapter 8, Article II, Sections 8-162 through 8-164 of the Salina Code pertaining to the Building Advisory Board. BACKGROUND: In the past, fire codes were reviewed by the Fire Department, with recommendations and amendments presented to the City Commission for final approval. This practice resulted in inconsistencies with other adopted building codes. At the February 2010 Building Advisory Board meeting, Fire Marshal Roger Williams shared his desire for the International Building Code (IBC) to be compatible with the International Fire Code (IFC). He suggested that both the IBC and IFC be adopted by the City Commission at the same time, allowing for consistency between the codes and avoid any potential conflicts. The Building Advisory Board directed that the same procedures for review of other model codes be used and a special sub-committee was formed. This sub-committee was made up of members from the Advisory Board, Building Official and Fire Marshal. The review process worked well and now recommending an amendment to Salina Code Section 8-162 giving the Board the responsibility of reviewing all residential and commercial building industry codes within the jurisdiction of Salina. The Building Advisory is also asking the City Commission to consider amendments to Code Sections 8-163 and 8-164. First, the revisions would clarify qualification requirements for positions on the Advisory Board. The proposed would require those members to be licensed or registered in Kansas or City of Salina contractor or craftsman license holder. Secondly, it is recommended a revision to Section 8-164 be made to allow a member who fills an unexpired term, be eligible to serve two consecutive full four-year terms. These are current practices that are in place today. FISCAL NOTE: There is no fiscal impact. COMFORMANCE WITH STRATEGIC PLAN: Goal 3: The City will provide the highest quality of services, consistent with governing body direction, available resources and staff commitment to quality. COMMISSION ACTION AND RECOMMENDATION: Staff has identified the following alternatives: 1. Approve Ordinance No. 10-10566 on first reading amending Sections 8-162 through 8-164 of the Salina Code. 2. Approve Ordinance No. 10-10566 with amendments as the City Commission sees fit. 3. Deny Ordinance NO.1 0-1 0566 and refer this item back to the Building Advisory Board. Staff recommends Alternative No.1. ~j%~::~~:ii:gl~il@}Y TELEPHONE. (785) 309-5715 FAX. (785) 309-5713 TDD . (785) 309-5747 E-MAIL . building.services@salina.org WEBSITE . www.salina-ks.qov Building Services Room 201 City-County Building 300 West Ash. P.O. Box 736 Salina, Kansas 67402-0736 ~ Salina To: From: Re: Date: Staff Report - Agenda Item D Building Advisory Board Building Services Staff Proposed Revisions to Article II, Sections 162, 163, 164 of the Salina Municipal Code August 10,2010 Section 162 changes are presented in the form of an ordinance. Proposed changes to Sections 163 and 164 are not yet in the form of an ordinance but would be drafted into that format if recommended for approval by the Building Advisory Board. (See also - attached Exhibit A, Current Salina Municipal Code - Article 1/.) Purpose of revisions: Section 162 - Proposed changes to allow the Building Advisory Board to review and make recommendations regarding all codes including the International Fire Code and local amendments. (see Exhibit B) Section 163 - Clarification regarding licensing requirements for the listed membership positions. The proposed language changes occur only in the listing of member occupations, with no other changes to this section. Staff has consistently interpreted "licensed architect or engineer" as meaning licensed with the State of Kansas. Staff has consistently interpreted the member trades positions and other member contractor positions as being licensed with the City of Salina; and staff has consistently interpreted "realtor" to be a State of Kansas licensed realtor. These proposed changes reflect current practice and interpretations. Section 164 - Language to clarify term eligibility when a member fills a vacated position. The proposed language is to be added to the end of Section 164, with no other changes in the language of this section. Sec. 8-163. Membership. Requirements for Membership: To represent a cross section of related occupations to include one each of the following: 1. Kansas Licensed design professional - engineer or architect 2. Kansas Licensed design professional - engineer or architect 3. Licensed (City of Salina) Master or Journeyman plumber 4. Licensed (City of Salina) Plumbing contractor 5. Licensed (City of Salina) Class A or B contractor 6. Licensed (City of Salina) Class B or C contractor 7. Licensed (City of Salina) Electrical contractor 8. Licensed (City of Salina) Master or Journeyman electrician 9. Licensed (City of Salina) Master or Journeyman mechanic 10. Licensed (City of Salina) Mechanical/HVAC contractor 11. Kansas Licensed Realtor Page 2 of 2, Item D Staff Report, BAB, 8-10-10 Sec. 8-164. Appointment and term. Members of the board shall be appointed by the mayor, with the consent of the board of city commissioners. Three (3) of the initial members shall be appointed to a one-year term, three (3) to a two- year term, three (3) to a three-year term, and three (3) to a four-year term. All subsequent appointments shall be for a four-year term, with appointment in February and an effective date of March 1 of that year. No member shall serve more than two (2) consecutive terms. Proposed language to be added: A member who is appointed to fill a position vacated during a term may serve two consecutive four year terms in addition to the time served to fill the vacated position. Staff suggests the Building Advisory Board consider one of the following items: 1. Adopt a motion to accept the recommendations of staff to revise Article II, Sections 8-162, 8-163 and/or 8-164 of the Salina Municipal Code as presented by staff. 2. Adopt a motion to accept the recommendations of staff to revise Article II, Sections 8-162, 8-163 and/or 8-164 of the Salina Municipal Code with additional specified language changes by the board. 3. Postponement or other action as directed by the board. SUMMARY MINUTES, BUILDING ADVISORY BOARD MEETING CITY/COUNTY BUILDING, ROOM 107 August 10,2010 Members Present: Kenny Hancock, Jim Manley, Diana Dierks, Vernie Stillings, Carlin Zuker, Steve Barnett, Daryl Bixby, Bob Dolan Members Absent: Don Marrs, Mike Prester, Gary Palmateer Staff Present: Paul Curry, Sue Cline Audience Count: 3 (Agenda notice sent to all who subscribe to the mailing list for BAB agenda) (A) Motion: Second: Vote: (B) Approval of July 13, 2010 minutes Vernie Stillings moved to approve minutes as presented Diana Dierks (no further discussion) 8-0 motion carries International Existing Building Code (IEBC) and International Energy Conservation Code (IECC) - Continued discussion I establish committees to review these codes Paul Curry presented a brief review of this continued agenda item and asked for confirmation of a consensus of the board of whether or not there is interested in establishing committees to study the IECC and the IEBC. Jim Manley and Daryl Bixby indicated that they thought the board had expressed support of the committees at the last meeting. The board discussed briefly and indicated consensus to move forward with the establishment of committees and agreed that each committee should have 3-4 members with a staff facilitator on each committee also. Daryl Bixby asked for volunteers to serve on committees. IEBC: Volunteers are Vernie Stillings, ..Jim Manley and the board agreed that Don Marrs will probably also serve (will confirm with Don) IECC: Volunteers are Bob Dolan, Diana Dierks, and Kenny Hancock Once the committees begin their meetings, they will determine a timeline for completion of their task. Paul reminded the committee volunteers that they would need to familiarize themselves with the code, then decide if they would recommend adoption of the code, and then review to see if any local code amendments would be recommended. Staff will contact Don Marrs to verify his interest in serving on the IEBC committee. Staff will initiate scheduling of the first meetings of the committees and will notify committee members. Staff will prepare notices (press release, email notices, etc) to send to stakeholders. (C) Revision to Article III, Section 8-171, and 8-172.1 of the Salina Municipal Code - Masonry Fireplaces and Chimneys Paul Curry presented the staff report explaining that tllis is basically a code clarification item based on the interpretation and intent of these particular code sections. There were no questions or comments. MOTION: SECOND: VOTE: Kenny Hancock moved to recommend adoption of changes to Article III, Section 8-171 and Section 8-172.1 of the Salina Municipal Code as presented in the staff report, allowing licensed specialty masonry contractors to obtain permits and inspection and to construct masonry/stone stoves and fireplaces that are not listed factory built appliances. Carlin Zuker (no further discussion) 8-0 motion carries Minutes, BAB 8-10-10 Page 2 of2 (D) Revisions to Article II, Sections 8-162, 8-163, 8-164 of the Salina Municipal Code - concerning Building Advisory Board duties, membership requirements, and terms. Paul Curry presented staff report and explained that this is a clean up item and does reflect a change in practice but rather clarifies the interpretation and practice in the past. Jim Manley - asked why Section 162 was in the form of a proposed ordinance and the other sections were not in that form. Paul Curry said that the board would need to make recommendation and then staff will prepare the draft ordinances based on the board's direction. MOTION: Jim Manley moved to recommend adoption of the revisions (Option 1 in the staff report), to Article II, Sections 8-162, 8-163, 8-164 of the Salina Municipal Code, which clarifies the membership duties, requirements, and terms for Building Advisory Board members. Bob Dolan (no further discussion) 8-0 motion carries SECOND: VOTE: (E) Other Business Youth Members - Paul Curry presented the concept of a youth member to serve on the Building Advisor y Board; explaining the history of this idea and asking if the board would like to pursue this and what type of involvement they might like to see with a youth member. The consensus of the board was in support of a youth member. The board was clear that they did not feel a youth member (of any age) should having voting privileges. The board asked how we were going to advertise or recruit. Paul said that he and Gary Hobbie have visited with the Director of the Salina Area Technical School and they also plan to notify local high schools and possibly K-State Salina. The board also mentioned term limits, and felt that the term could probably be one year, and if a student serves then the limit would probably be equivalent to the school year. Kenny Hancock asked if this would be part of the curriculum and for credit at the school. Paul Curry indicated that might be possible but it would be up to the school to decide. Kenny indicated that it makes sense to have a youth member who is enrolled in construction or technical related classes that would be in alignment with the types of topics discussed at the BUilding Advisory Board meetings. MOTION: Diana Dierks moved to recommend a non-votinq youth member to serve on the Building Advisory Board, with board being able to screen applications, and staff to draft specifics about the duties of this position and distribute to the local schools. SECOND: Jim Manley (no further discussion) VOTE: 8-0 motion carries Following the above action, Kenny Hancock asked what the time frame would be in expecting applications and making a decision about a youth member. Paul Curry indicated that it would probably be a month or so. Staff will draft a notice with specifics on the duties of a youth member and proceed in getting notices out. Next meeting: September 14, 2010. Meeting adjourned: 4:30 p.m. Paul Curry, Building Official, Liaison to the Building Advisory Board