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Home My WebLink AboutRESOLUTION NO. 2006-36 CITY OF FAIRFAX RESOLUTION NO. A RESOLUTION APPROVING LINN COUNTY AND CITY OF FAIRFAX AGREEMENT FOR BUILDING CODE 'SERVICES WHEREAS, the Fairfax City Council, Linn County, Iowa, pursuant to Iowa Code Chapter 28E, proposes that the City of Fairfax enter into an agreement with Linn County, Iowa under the title Linn County and City of fairfax Agreement for Building Code Services; and WHEREAS, The purpose for such agreement is to provide for plan review, inspection and services related to the city building codes for certain construction projects in the City of Fairfax by Linn County in order to protect the public health, safety and welfare, and WHEREAS, Such agreement is in the best interests of Linn County and the City of Fairfax. BE IT RESOLVED, By the Fairfax City Council, Linn County, Iowa, this date met in lawful session,that the City of Fairfax Iowa will join pursuant to Iowa Code Chapter 28E,with Linn County, Iowa into an agreement titled Linn County and City of Faiifax Agreement for Building Code Services. NOW, THEREFORE, BE IT FURTHER RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute the Contract for and on behalf of the City, and upon execution, the Contract shall be in full force and effect., Passed and approved this day of2006. AYE: FA 10 1-3�01k NAY: .ABSENT: Bill Voss,Mayor ATTEST: 66=x a Connie Frame, City Clerk The foregoing Resolution No.. (46 206 - �J. having been approved this date by the City Council, I hereby rove the same by affixing my signature as City Clerk on this _day of A,L,2006. LININ COUNTY AND CITY OF FAIRFAX AGREEMENT FOR BUILDING CODE SERVICES 1 TITLE 1.1 Pursuant to Iowa Code Chapter 28E, this Agreement by and between Linn County, Iowa and the City of Fairfax., Iowa, shall be known as the Linn County and City of Fairfax Agreement for Building Code Services. 2 PURPOSE AND SCOPE 2.1 The purpose of this Agreement is to provide for plan review, inspection and services related to the building, mechanical, plumbing and electrical codes of the City of Fairfax to protect the public health, safety and welfare. 2.2 Linn County, through the Building Division of the Department of Planning and Development, shall provide services to administer and enforce the building, mechanical, plumbing and electrical) codes of the City of Fairfax. 2.3 It is the intent that the same level of service shall be provided to the citizens of Fairfax as are currently provided to the citizens of the unincorporated areas of Linn County. 3 LIMITATIONS: This Agreement shall be limited to those construction projects requiring a building permit and listed below: 3.1 The new Branch Facility for Guaranty Bank 3.2 The new Fairfax IlRetail Center 3.3 Other construction projects as may be agreed to by the City of Fairfax and Linn County. 4 DEFINITIONS: As used in this Agreement, the following terms are defined: 4.1 Building Division: the Building Division of the 'Linn County Department of Planning and Development. 4.2 County Building Official: The Linn County Building Official who is the designated authority charged with the administration and enforcement of the Linn County iBuilding Codes. 4.3 City Building Officiat The City of Fairfax Building Official who is the designated authority charged with the administration and enforcement of the Fairfax Building Code. 4.4 City. The City of Fairfax, Iowa. 4.5 Code:The buildl'iing, mechanical, plumbing and electrical codes of the City of Fairfax. 4.6 County.'The County of Linn, Iowa. 4.7 Inspectors: The Combination Building Inspectors employed with the Linn County Building Division under the direction of the Linn County Building Official. 4.8 Permit: Building, mechanical, plumbing or electrical permit issued in accordance with the building, mechanical, plumbing and electrical codes for work within the city limits of Fairfax. 5 PERMITS AND FEES 5.1 The City shall receive application for permits.. 5.2 The City shall forward to the County a copy of the permit application, two sets of construction drawings and an approved site plan. 5.3 Permit and inspection fees shall be the same for City Permits as for County Pen-nits and shall be determined by the County Building Official in accordance with the Linn County Building` Mechanical, Plumbing and Electrical Regulations Fee Schedules in effect as set by resolution of the Linn County Board of Supervisors. 5.4 The permit fees shall be paid to the City by the applicant. The City shall then pay the permit fees to the County at least monthly on a schedule agreed upon by the City Building Official and' the County Building Official. All fees paid by the City to the County shall be retained by the County. 5.5 Fees may be renegotiated and changed at any time if mutually agreed by both parties. 5.6 The County will review the construction drawings for compliance with the Code. Once Code requirements have been satisfied, the permit will be issued by the County. The issued permit and a copy of the approved) construction drawings will be sent to the applicant. A copy of the issued) permit will be sent to the City. This application and document distribution process may be changed at any time as mutually agreed by both parties. 6 INSPECTIONS 6.1 The County shalll provide inspections in accordance with the Code. 6.2 Inspection requests will be received by the Building Division office between 8:00 a.m. and 5:00 p.m., Monday through Friday. 6.3 Inspections will be conducted by the County Inspectors between approximately 030 a.m. and 330 p.m., Monday through Friday. 6.4 The permit holder will be responsible for inspection requests. At least four hours notice is required prior to an inspection. 6.5 Inspections shall include footings, setbacks, electrical service, gas piping,, rough-ins for framing, electrical, mechanical ianid plumbing work, and final inspection. 7 ENFORCEMENT 7.1 Administration and enforcement of the Code shall be by the County in accordance with the administrative provisions of the Code. 7.2 Enforcement and prosecution of Code violations cited by the Building Division shall be by the City. 8 ZONING 8.1 The City shall provide copies of an approved site plan for each new building or addition with setbacks dimensioned. The County shall not. issue Permits until receiving verification that the buildings or structures meet the requirements of the City zoning ordinance. 8.2 Enforcement of the City zoning ordinance shall be by the City. 8.3 County Inspectors shall confirm that the location of the buildings meet the setback requirements of the approved site plan during the footing inspection. 9 RECORDS 9.1 The County shall l maintain records of Permits„ beginning with the effective date of this agreement, for a period of five years from the issuance date„ unless this agreement is terminated sooner. 'within six months following termination of this agreement, records shall be transferred to the City upon written request, Other arrangements for record keeping may be made if mutually agreed by both parties. 10 HOLD HARMLESS 10.1 The City of Fairfax shall hold harmless, indemnify and defend all claims and suits for liability against Linn County and any of its employees arising as a result of any services performed by Linn County under this agreement. 11 APPEALS 11,1 Appeals of decisions or determinations of the County Building Official relative to the application and interpretation of the Code shall be through the City in accordance with the Code. 11.2 The City shalt provide decisions and findings in writing to the County Building Official. 12 AMENDMENTS 12.1 Any portion of this Agreement may be amendled at any time, as mutually agreed, by Resolution of the Linn County Board of Supervisors and Resolution of the City Council. 13 DURATION OF AGREEMENT 13.1 This Agreement shall continue until terminated by either the County or the City. 14 TERMINATION 14.1 Either the County or the City may terminate this Agreement at any time by providing written notice at least three months prior to the termination date. Written notice shall be a certified copy of a resolution by the Linn County Board of Supervisors or the Fairfax City Council, 14.2 This agreement may be terminated at any time, as mutually agreed, by Resolution of the Linn County Board of Supervisors and Resolution of the City Council. 14.3 The County shall not be obligated to perform inspections after the termination date for Permits that are applied for or issued prior to the termination date. 14.4 Upon termination, fees collected for unissued Permits will be refunded) upon written request after deducting a processing and plan review fee not to exceed 30 of the fees previously collected). 14.5 Upon termination, fees collected for issued permits will be refunded upon written request on a prorated basis for the work completed and inspected as determined by the County Building Official. 15 EFFECTIVE DATE The effective date of this Agreement is the date the certified Agreement is recorded at the Linn County Recorder. Dated Phis / ay of , 2006. City of Fairfax, Iowa County of Linn, Iowa M1 ZL Mayor Chair Attest l City C erk Linda Cangfn q ditor � J