April 25, 2006 minutes
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MEMBERS PRESENT: |
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Jim Sparkes, Bryan Wyatt, Kevin Chaney, Frank Estrada |
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MEMBERS ABSENT: |
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None |
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GUEST PRESENT: |
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Bill Schweitzer, IAPMO |
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STAFF PRESENT:
EX-OFFICIO: |
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Victor Torres, Neighborhood Resources Director; Toni Wheeler, Staff Attorney; Rich Barr, Fire Marshall
Patrick O’Brien, Mechanical Inspector |
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Meeting called to order at 9:08 a.m.
Wyatt requested that the minutes reflect that Schweitzer was involved in the discussion of the performance standards.
Staff asked if there was any additional items that needed to be included or just a clarification of the discussion?
Wyatt stated that Schweitzer had mentioned performance standards on page 2 and the discussion of the performance standards had actually started on page 3 and wanted to make sure the two topics were tied in together.
Chaney made a motion to table the minutes for revisions. Seconded by Wyatt, pass 4-0.
Receive draft copy of Contractor Licensing ordinance
Staff Attorney Toni Wheeler began the discussion by reviewing the events of the contractor licensing ordinance pertaining to the trade contractors. The trade contractors were removed from the ordinance by request by the City Commission. The ordinance was then adopted for the building contractors with the plumbing, mechanical and electrical trade contractors removed for further discussion. After further review, the trade contractors have voted to be placed back into the contractor licensing ordinance and that information had been sent to the legal department. The legal department has been in the process of reviewing the existing trade contractor ordinances to remove the appropriate licensing portions and placing them into the contractor licensing ordinances, which is a lengthy process in order to make sure all relevant portions are removed and there are no conflicts or duplicates in the final ordinance. Wheeler stated that the board had been given three documents which included a memo sent to the City Commission which had a history of the process that has taken place. It also included a brief description of the changes that were made. The third document is the draft ordinance that will be presented to the City Commission. Wheeler stated that during the process of integrating the ordinances, she took time to review each ordinance line by line to clean up any mistakes that may have been present. The table summarizes all of the changes that were made to clean up the ordinances. The third document was distinct, showing any changes made by shading the section numbers. Wheeler pointed out that the draft ordinance the board had did not include the request by the trade boards that the contractor licensing board include one member from each trade board, but that change will be made before being presented to the City Commission. Wheeler stated that the City Commission appreciates how much work is being done by the board in making technical reviews and recommendations for the City Commission. Wheeler also recommended to the board that when making changes, that the changes be readable and easy to understand. Also to make everything specific and not leave any loopholes.
Wyatt inquired about the Class B license experience requirement and had a specific question about a contractor that was denied a license because he worked a different full time job and also did construction work on a full time basis. Wyatt stated that the contractor has a business and has done contracting work for 25 years.
Wheeler stated that under the Contractor Licensing Ordinance, Class B contracting requires 10 years experience.
Wyatt was told by the contractor that he was told that since contracting was not his full time job that he did not qualify for the Class B license.
Wheeler also stated that the ordinance reads that the experience is based on full time work.
Wyatt asked if a person could have two full time jobs and that is where the issue was.
Chaney stated that many contractors that work full time don’t have the experience that this contractor has. Sparkes agreed.
Chaney asked if the contractor would show his tax records for ten years if that would be sufficient.
Wheeler replied that the key issue here is full time.
Wyatt stated that he was surprised by the interpretation by staff, that if he can prove that he has the experience but since he had another job he is considered a handyman and no handymen are getting contractor licenses.
Sparkes stated that he disagrees with the City if they are going to deny a license for someone who has 25 years of experience.
Sparkes stated that he has had similar conversations with other contractors.
Wyatt asked if City staff checked surrounding communities licensing guidelines to develop the Lawrence licensing ordinance.
Wheeler responded that when the original ordinance was developed, surrounding communities were researched for the ordinance, but since this portion only included the trade contractors, she did not do any additional research.
Wyatt replied that since they are only placing the trade contractors into the contractor licensing ordinance that the original ordinance was not up for changes.
Wheeler stated that she would have to see if the contractor could appeal the decision made by staff.
Wyatt stated that he thought the intent was to get people licensed and not to deny licenses for people that probably have the experience.
Wheeler also stated that when reviewing codes, to make every effort to remove any doubt on what the code says.
Receive comments from Rich Barr, Fire Marshall concerning International Fire Code
Rich Barr, Fire Marshall introduced himself and addressed the board on the upcoming adoption of the IFC(International Fire Code) and the impact the mechanical code has on that adoption of the fire code. Barr distributed a memo that addressed a concern with adopting the IFC with the UMC(Uniform Mechanical Code) and the 66 references that the fire code makes to the IMC(International Mechanical Code). The Fire Code Board of Appeals concern is that if the UMC is adopted and anywhere the IFC references the IMC, those references become questionable.
Sparkes asked Barr if he had looked at the 2006 UMC.
Barr stated that he had not looked at it and is not sure if he wants to look at it. He also stated that he has no knowledge of mechanical systems other than what the code requires and that is why he is here.
Chaney responded that Barr had hit him wrong by stating that he does not want to look at the 2006 UMC.
Barr disagreed and Chaney said that that is exactly what he had said.
Barr stated that he was here to provide information to this board and to let him finish his presentation. That if the board chooses to adopt the UMC, and then he will have to rely on the board’s expertise to provide alternatives to what the IMC is reading. The reason he does not look at the mechanical code is because he does not enforce it, staff does. His main concern is that wherever the IFC refers to the IMC, that there is an equivalent section in the UMC and he can refer to it for enforcement.
Wyatt asked Barr what is being done on the electrical code since the IEC(International Electrical Code) is not being adopted.
Barr responded that there are very few references to the plumbing code and to the electrical code, four or six on the plumbing side and the same thing on the electrical code. The mechanical code and the fire code have a significant relationship because of the ventilation systems. He has not done anything with the electrical code because the problem is so small but will get with the Electrical Board on any references but since it such a small number is easy, but 66 references is a significant deal.
Wyatt asked if he had looked at the NEC(National Electrical Code) for any differences.
Barr responded he had not and that when he looks at a code, he would rather make the least amount of amendments as possible unless they are specific to Lawrence.
Wyatt asked Barr if he is sure that there are only six references to the electrical code.
Barr stated that he would have to verify the number of references.
Wyatt stated that nobody wants to make a wrong decision, and if the idea of the international and uniform is not workable, then it needs to be taken a look at. Wyatt continued that the board has sometimes not been consulted on different issues and coming in at a late period and bringing up the problems and the communication has not been great. If there are problems with the codes, then to get them worked out. The board is confident that the UMC is more beneficial for Lawrence.
Chaney asked if the IFC was already adopted.
Barr responded that the IFC is under review and is almost complete but has not been adopted.
Chaney stated that the board will review the references and get them clarified for the fire board.
Barr made an apology to the chairman for not copying the memo to the mechanical board and was here to make the board aware of the issues that the fire board has. The fire board decided that they are not qualified to review and make decisions on the references to the mechanical code.
Sparkes asked why the big push for the international codes because he had found many flaws as compared to the uniform code.
Barr stated that the UFC(Uniform Fire Code) after 1997 was not being published and had to go to the IFC and in the past, the UFC referred to the UMC, but now that was not the case.
Chaney asked staff if there were some sections that could be easily cross-referenced.
Staff stated that there were a number of them that could be reworded easily.
Chaney stated that the board specifically requested that staff provide a copy of the 2006 UMC to Barr for his review and that had not happened.
Wyatt stated that the issue is that with proper communication, and that the board and staff need to be working together. Wyatt asked that no one should be closed minded on the issue and find a way get things worked out.
Sparkes asked Bill Schweitzer if the international and the uniform were still looking to get together and when that might end up happening.
Schweitzer responded that the two organizations are still talking and negotiating on how to get them together. The concept of two different codes is a hassle for both sides and hopefully they can get back to one code. Schweitzer stated that he can get a cross-reference to all of the IFC references.
Barr stated that he was not there to tell the board to adopt the international code; he is only there to say that if the uniform code is adopted, then the 66 references must be addressed.
Sparkes stated that the board had done a comparison of the IMC and the UMC and had determined and voted that the UMC was a better code overall.
Chaney stated that the board has recommended that the fire board review the 2006 UMC for the references from the IFC. Chaney continued that the three boards need to review all the references and get them straightened out and then adopt the UMC, IFC, and the IBC at the same time so there are no problems with adopting them separately.
Wyatt asked Barr to clarify that there are 66 references in the IFC to the IMC but not necessarily conflicts.
Barr responded that that was correct.
The board agreed to review the references and at a future date meet with the fire code to discuss the cross-references in the UMC.
Miscellaneous
Sparkes began a discussion of the next meeting and asked Estrada when he was going to be out of town for the summer.
Estrada responded that he would be leaving next month.
Sparkes reminded the board that there was an empty seat on the board and asked if there were any replacements on line.
Staff responded that there had been a candidate but did not meet the qualifications.
Sparkes also requested that the meetings return to the evenings.
Chaney asked Estrada if he could be more flexible on his schedule since he makes it a point to get to the meetings when they are scheduled.
Estrada stated that he had medical reasons that he could not attend on Monday nights. He was considering on whether or not he should be replaced on the board.
The board agreed to meet on May 4th to discuss the fire code references.
Schweitzer reminded the board that unvented heaters are allowed in the 2006 UMC.
Motion to adjourn made by Wyatt, seconded by Chaney, passed 4-0. Meeting adjourned at 11:05 a.m.