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HomeMy WebLinkAboutMinutes 07.19.2001 • 1111/ Building Trade & Fire Code Board of Appeals Minutes For July 19, 2001 BOARD MEMBERS PRESENT: Roger Dowdy, Tilman Reagan, Lynn Davis, Chris LaFevre, Gary Garrison STAFF MEMBERS PRESENT: Greg Zielinski, Code Enforcement Officer, Larry Gould, Chief Building Inspector, and Katy Seals, Secretary VISITORS PRESENT: none Meeting called to order by Lynn Davis. First item on the agenda: swearing in of new board members: Gary Garrison sworn in. Second item on the agenda: approval of June 2001 Minutes. Roger Dowdy made motion to accept and Chris LaFevre seconded the motion. Motion carried 4 -0 with one abstaining since not present at meeting (Gary Garrison). Third item on the agenda: discuss registering of contractors with the City. Please refer to the proposed ordinance attached. Greg Zielinski stated that when an ordinance is written for the City, it is not possible to cover every situation. The intent of bonding and registration is for the City to know who the contractors are and to have some basic information on the contractors. The contractors pay a minimum fee and their name goes on a list that can be distributed if anyone inquires about contractors in the area. This list helps the building department locate a certain contractor for whatever reason may arise. Another benefit of the registration would be in the event the City of Plainview ever had some type of natural disaster; the list would provide all the registered contractors in town and since the city would most likely be flooded with new contractors, an ordinance would already be in place requiring those new contractors to register. Greg Zielinski went on to point out Sec. 6 -3 Contractors Registration Exception (1) covers anyone who is hiring themselves out to the public. What isn't covered is if a property owner pulls a permit to alter his own property, he would not be required to register unless he was performing work on several other buildings he owns in different locations. He adds it may be handled on a case by case basis in which the Building Official would screen who does and who does not have to register as a contractor. Gary Garrison asked if contractor who hires sub contractors would need to register as a contractor and Larry Gould replied that if it was a continuous type situation, then the 11 0 answer would be yes. The sub - contractors should each take care of their side of the registration and bonding. Greg Zielinski stated another reason for registration is to be able to get in touch with a contractor who may have walked away from a job when there were code violations if the homeowner does not know whom the contractor is. On the bonding side of the issue, the homeowner and the City has a means to correct any code violations that may exist. He adds this is not a performance type bond that would allow filing on the bond in the event a contractor did not finish a job, but rather a surety bond that may be filed upon in the event of uncorrected code violations. Greg Zielinski then discussed Sec. 6 -3 Contractors Registration Exception (2) and explained it means that if a general contractor has 10 employees working for him and they are working three or four different projects, the City would not require each person to register for each job. This information was taken from the City of Amarillo's ordinance. Gary Garrison inquired why was roofing registration eliminated and Larry Gould replied only the fee was eliminated. Gary asked if people were complaining about the fee and Larry replied yes, and it will happen again this time. In Chapter 1, Section 103, Greg discussed the following: "It shall be unlawful for any person to re -roof any structure, other than their own property..."He adds that the wording can be left as is, or can be changed to say "...other than their own homestead..." with homestead meaning their own house and their own property would include any property they may own. Chris LaFevre stated that with the current wording, if a person owns several rental houses, then he could re -roof those properties if they desired. Larry Gould stated he feels the proposal would stand a better chance of passing through Council if the wording is left as. Greg Zielinski then discussed Chapter 10 Electricity saying that currently master electricians are required to register and give a list of all journeymen and apprentices that work for them. Very little wording was changed from the current code; with the addition of "Such person shall register annually...from January 1 to December 31 Lynn Davis asked about a pro -rated fee for registration. Greg stated that the first year would be an extended year for registration — if a contractor registers on September 1 of this year, the registration would be current until December 30, 2002. Larry Gould stated it would be a bookkeeping nightmare if the registration dates were different for each contractor. Greg stated it could be done on a staggered three month basis with all plumbing contractors registering and renewing this month, electricians the next and so on. Gary Garrison asked if it would not be just as easy on the City to set the date annually from the date of application. Greg stated that it is easier for the City to have all the registrations expire on one date and all renewed at the same time of the year. Gary asked if the City feels obligated to notify contractors of the license expiring and Greg stated that it would be done as a courtesy to the contractors. It is easier for a small office such as the City's to do a mass mailing notifying the contractor of the expiration. Gary then asked why ■ spend the money involved to mass mail contractors since they are all adults and should know when their registration would expire and again Greg stated it is done as a courtesy to send out a form for the contractor to fill out and submit. Larry Gould stated this could be ironed out if the ordinance is passed. Greg then discussed Chapter 10 Electricity 10 -71 Exceptions (1) stating only a master electrician that is operating an electrical business will be registering with the City; and that registration will include a list of all journeymen and apprentices working for him. Chris Lafevre asked if a master electrician would need to register a new employee and Greg stated that typically the master electrician brings that new employee to the office and adds him to the list. Greg then stated the only two persons who can pull an electrical permit are a master electrician and a homeowner who is doing work on the homestead. A homeowner would not be register required to ister if the work is on the homestead and the homeowner is q g personally doing the work. Greg then discussed Chapter 20 Plumbing Exceptions stating the only two persons who can pull a plumbing permit are a master plumber and a homeowner who is doing the work himself on his own homestead. The homeowner would not be required to register. The state heating and air conditioning laws prevent a city from requiring a heating and air conditioning contractor to have a bond since they the state requires them to have a type of general liability insurance. The state law does not say anything about contractor registration so the City can require master plumbers, landscape irrigators, heating and air conditioning contractors, and water softening contractors to register with the City. Gary Garrison asked if there was any opposition to registration? Larry Gould stated in the meeting last month there were several questions about it, but there was negative response when asked if there was opposition. Gary Garrison asked what is done to persons who do not pull permits. Greg Zielinski stated the City can issue a citation and if the registration and bonding is passed, it could result in two additional citations. Greg Zielinski stated staff discussed whether or not general liability insurance would take the place of a bond and the decision was that it would not since the two are different. The City cannot require a master plumber or a heating and air conditioning contractor to have a bond if he has general liability according to state law. Greg stated that for a contractor to obtain the type of bond the City is proposing, it would cost approximately sixty dollars (60.00) per year. Chris Lafevre stated that if a surety bond is filed against, it is next to impossible to obtain another one and Greg stated that is correct. Greg added that if a heating and air conditioning contractor was also a plumbing contractor, the City would only require one ten dollar (10.00) fee for both registrations. (1 Larry Gould stated he spoke to the City Attorney about a question from the previous meeting in regards to forcing a homeowner to testify against a contractor if hired a code violations were found and the response was the City could subpoena that homeowner to testify if it ever came to that point. Roger Dowdy asked if a roofing contractor is still required to register? Greg Zielinski stated they are currently required to register and the changes will be that a $10.00 fee for the registration will be required and they will also be required to have bond. Roger asked if it would create an inspection and Greg stated that it would not; and since that item is not currently on the agenda, then it cannot be discussed in this meeting. Fourth item on the agenda: discuss contractors bonding and insurance. The discussion was included with the third item on agenda. Chris LaFevre asked if the handout was what would be submitted to the City Council and Larry stated that is up to the Board to decide. Tilman Reagan made motion to accept and submit to City Council and Roger Dowdy seconded the motion. Motion carried 5 -0. Motion made to adjourn meeting made by Chris LaFevre and seconded by Tilman Reagan. Motion carried unanimously. MEETING ADJOURNMENT CH / ,l SEC T