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HomeMy WebLinkAboutRESOLUTION NO. 2015-33RESOLUTION 2015-33 A RESOLUTION AMENDING THE 28E AGREEMENT BETWEEN LINN COUNTY AND CITY OF FAIRFAX FOR BUILDING CODE SERVICES WHEREAS, the Fairfax City Council, Linn County, Iowa, pursuant to Iowa Code Chapter 28E, proposes that the City of Fairfax entered into an Agreement for Building Code Services with Linn County, Iowa on June 13, 2006; and WHEREAS, the State of Iowa now requires all electrical inspectors be certified; and WHEREAS, currently the City of Fairfax does not have a staff member that is certified for electrical inspections; and WHEREAS, the City of Fairfax wishes to amend the Agreement for Building Code Services with Linn County, Iowa as follows: Section 2 PURPOSE AND SCOPE is deleted in its entirety and is replaced with the following: 2 PURPOSE AND SCOPE 2.1 In accordance with the provisions of this Agreement, Linn County, through the building Division of the Department of Planning and Development, shall provide services to administer and enforce the electrical code of the City of Fairfax for all projects requiring electrical permits. 2.2 In accordance with the provisions of this Agreement, Linn County, through the Building Division of the Department of Planning and Development, shall provide for plan review, inspections, and other services related to the building, mechanical, and plumbing codes of the City of Fairfax for only those projects as requested by the City and agreed to by the County. 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. Section 3 LIMITATIONS is deleted in its entirety. Section 8 ZONING is deleted in its entirety. NOW, THEREFORE BE IT RESOLVED, by the Fairfax City Council, Linn County, Iowa, that the Agreement for Building Code Services with Linn County, Iowa, is here by amended. The effective date of this amended Agreement shall be the date the certified Agreement is recorded at the office of the Linn County Recorder. The Amendment shall be filed with the Secretary of state within 30 days of the effective date of the amendment as required by Chapter 28E of the Code of Iowa. NOW, THEREFORE, BE IT FURTHER RESOLVED, by the Fairfax City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute this resolution of approval. Passed and approved this 14'h day of April 2015. AYES: Beer, Frieden, Otto, and Wainwright NAYS: None ABSENT: Magers Jason Rabe, Mayor ATTEST: Cynthia Stimson, City Clerk/Treasurer m e r- 3 CD \ \ CD k @ SK§ Z m IID ID (n } \\ ƒ ¢ f5 k ® JE e CD \}\ ) 44 § & :a3 a ;§ R a �} / § § / 4 ƒ w { � /(D / § 2 § ■■ V{0 E 2 -n / 0 \ \ \ , 0 0 0 � \ � ( \ �E E g 3 2 / Illllllllll111111IIIIII(II II 1111111II 11 ll 11111 II Doc ID: 021707400003 Type: GEN Recorded: 04/27/2015 at 01:01:13 PM Fee Amt: $000 Page 1 of 3 ReVenUe TaX.: $0.00 Linn CountV Iowa JOAN MCCALMANT RECORDER $1<9229 PG604-606 Prepared by Les Beck Linn County Planning & Development 935 2ntl Street S.W., Cedar Rapids, Iowa 52404-2100 (319)892-5130 Return to Becky Shoop, Auditor's Office AN AMENDMENT TO THE LINN COUNTY AND CITY OF FAIRFAX AGREEMENT FOR BUILDING CODE SERVICES WHEREAS, the City of Fairfax and Linn County, pursuant to Iowa Code Chapter 28E, entered into an Agreement for Building Code Services effective June 23, 2006; AND WHEREAS, the State of Iowa now requires all electrical inspectors be certified; AND WHEREAS, currently the City of Fairfax does not have a staff member that is certified for electrical inspections; AND WHEREAS, Linn County wishes to amend the Agreement for Building Code Services with the City of Fairfax as follows: Section 2 PURPOSE AND SCOPE is deleted in its entirety and is replaced with the following: 2 PURPOSE AND SCOPE 2.1 In accordance with the provisions of this Agreement, Linn County, through the Building Division of the Department of Planning and Development, shall provide services to administer and enforce the electrical code of the City of Fairfax for all projects requiring electrical permits. 2.2 In accordance with the provisions of this Agreement, Linn County, through the Building Division of the Department of Planning and Development, shall provide for plan review, inspections, and other services related to the building, mechanical, and plumbing codes of the City of Fairfax for only those projects as requested by the City and agreed to by the County. 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. Section 3 LIMITATIONS is deleted in its entirety. Section 8 ZONING is deleted in its entirety. NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors, Linn County, Iowa, that the Linn County and City of Fairfax Agreement for Building Code Services is hereby amended. The effective date of this amended Agreement shall be the date the certified Agreement is recorded at the Office of the Linn County Recorder. The Amendment shall be filed with the Secretary of State within 30 days of the effective date of the amendment as required by Chapter 28E of the Code of Iowa. Dated this day of April, 2015. County of Linn, Iowa a Langstd , C 'air Attest: Jo'] Miller, Auditor 0 RESOLUTION 2015-33 A RESOLUTION AMENDING THE 28E AGREEMENT BETWEEN LINN COUNTY AND CITY OF FAIRFAX FOR BUILDING CODE SERVICES WHEREAS, the Fairfax City Council, Linn County, Iowa, pursuant to Iowa Code Chapter 28E, proposes that the City of Fairfax entered into an Agreement for Building Code Services with Linn County, Iowa on June 13, 2006; and WHEREAS, the State of Iowa now requires all electrical inspectors be certified; and WHEREAS, currently the City of Fairfax does not have a staff member that is certified for electrical inspections; and WHEREAS, the City of Fairfax wishes to amend the Agreement for Building Code Services with Linn County, Iowa as follows: Section 2 PURPOSE AND SCOPE is deleted in its entirety and is replaced with the following: PURPOSE AND SCOPE 2.1 In accordance with the provisions of this Agreement, Linn County, through the building Division of the Department of Planning and Development, shall provide services to administer and enforce the electrical code of the City of Fairfax for all projects requiring electrical permits. 2.2 In accordance with the provisions of this Agreement, Linn County, through the Building Division of the Department of Planning and Development, shall provide for plan review, inspections, and other services related to the building, mechanical, and plumbing codes of the City of Fairfax for only those projects as requested by the City and agreed to by the County. 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. Section 3 LIMITATIONS is deleted in its entirety. Section 8 ZONING is deleted in its entirety. NOW, THEREFORE BE IT RESOLVED, by the Fairfax City Council, Linn County, Iowa, that the Agreement for Building Code Services with Linn County, Iowa, is here by amended. The effective date of this amended Agreement shall be the date the certified Agreement is recorded at the office of the Linn County Recorder. The Amendment shall be filed with the Secretary of state within 30 days of the effective date of the amendment as required by Chapter 28E of the Code of Iowa. NOW, THEREFORE, BE IT FURTHER RESOLVED, by the Fairfax City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute this resolution of approval. Passed and approved this 14`h day of April 2015. AYES: Beer, Frieden, Otto, and Wainwright NAYS: None ABSENT: Magers ATTEST: Cyn 'a Stimson, City Clerk/Treasurer --0, //"�- Jason 'abe, Mayor f U' o t '% O, '\N LINN 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 arid 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 Retail 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 Building Codes. 4.3 City Building Oficial: 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. 4.6 Code, The building, 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 Permits and small 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 shall 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. 5.3 Inspections will be conducted by the County Inspectors between approximately 9.30 a.m. and 3:30 p.m., Monday through Friday. 6A 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 and 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 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 shalt 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 1,0.1 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 resuit 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 shall provide decisions and findings in writing to the County Building Official. 12 AMENDMENTS 12.1 Any portion of this Agreement may amended 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 this �=�day of 2006. City of Fairfax, Iowa M �� — Mayor Attest CiyCerk County of Linn, Iowa Linda Chair •. f; VM L, f 1 tir�t Ot ja4. CRESTER J. CULVER h � IOWA SECRETARY OF STATE M w ,n w. n�� S Ati yv ropy 04 July 13, 2006 LINDA LANGENBERG LINN COUNTY AUDITOR 930 1 ST ST. SW CEDAR RAPIDS, IA 52404-2164 LUCAS BUILDING, FIRST FLOOR Dss ,Moira: s, IOWA 50319 RE: Filing of 28E Agreement between the LINN COUNTY, IOWA and the CITY OF FAIRFAX, IOWA Dear MS LANGENBERG We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of July 13, 2006. Sincerely, Chester J Culver Secretary of State CJCIdb Enclosures Tri (5)5) 281-5204 F.Nx (515) 242.5953 WWW.Sos.state.ia.us sos'@Sos.state.ia.us SOLUTION 2015-33 A RESOLUTION AMENDING THE 28E AGREEMENT � BETWEEN LINN COUNTY AND CITY OF FAIRFAX � FOR BUILDING CODE SERVICES WHEREAS, the Fairfax City Council, Linn County, Iowa, pursuant to Iowa Code Chapter 28E, proposes that the City of Fairfax entered into an Agreement for Building Code Services with Linn County, Iowa on June 13,, 2006; and WHEREAS, the State of Iowa now requires all electrical inspectors be certified, and WHEREAS, currently the City of Fairfax does not have a staff member that is certified for electrical inspections; and WHEREAS, the City of Fairfax wishes to amend the Agreement for Building Code Services with Linn County,Iowa as follows: Section 2 PURPOSE AND SCOPE is deleted in its entirety and is replaced with the following: 2 PURPOSE AND SCOPE 2.1 In accordance with the provisions of this Agreement, Linn County, through the building Division of the Department of Planning and Development, shall provide services to administer and enforce the electrical code of the City of Fairfax for all projects requiring electrical permits. 2.2 In accordance with the provisions of this Agreement, Linn County, through the Building Division of the Department of Planning and Development,. shall provide for plan review, inspections, and other services related to the building, mechanical, and plumbing codes of the City of Fairfax for only those projects as requested by the City and agreed to by the County. 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, Section 3 LIMITATIONS is deleted in its entirety. Section 8 ZONING is deleted in its entirety. NOW, THEREFORE BE IT RESOLVED, by the Fairfax City Council, Linn County, Iowa,that the Agreement for Building Code Services with Linn County, Iowa, is here by amended. The effective date of this amended Agreement shall be the date the certified Agreement is recorded at the office of the Linn County Recorder. The Amendment shall be filed with the Secretary of stage within 3 days of the effective date of the amendment as required by Chapter 28E ofthe Code of Iowa. NOW, THEREFORE, BE IT FARTHER. RESOLVED, by the Fairfax City Council of the City of Fairfax., Iowa, that the Mayor and City Clerk are hereby authorized, and directed to execute this resolution of approval,.. Passed and approved this 14 ' clay of April 2015. AYES: Beer, Frieden, Otto,and Wainwright NAYS: None ABSENT: Magers Jason�l abe, Mayor ATTEST: 6� P Cyn a Stimson, City Clerk/Treasurer {N� c� Or