City of Lawrence

Mechanical Board of Appeals

May 11, 2006 minutes

 

MEMBERS PRESENT:

 

Jim Sparkes, Bryan Wyatt, Kevin Chaney, Frank Estrada

 

 

 

MEMBERS ABSENT:

 

None

 

 

 

GUEST PRESENT:

 

Bill Schweitzer, IAPMO

 

 

 

STAFF PRESENT:

 

 

 

EX-OFFICIO:

 

David Corliss, Interim City Manager; Debbie Van Saun, Assistant City Manager; Rich Barr, Fire Marshall; Adrian Jones, Building Inspector

 

Patrick O’Brien, Mechanical Inspector

 

 

 

 

Meeting called to order at 6:59 p.m.

 

Review and approve minutes from April 25, 2006 meeting

Wyatt requested that the minutes be changed to reflect that Chaney had requested that Rich Barr receive a 2006 Uniform Mechanical Code.  After discussion the board decided to reference the request in the next minutes.

Wyatt made a motion to approve the minutes as written.  Seconded by Chaney, pass 4-0.

 

Receive report from Interim City Manager, David Corliss concerning Mechanical Board concerns.

Corliss began by thanking the board for the time to speak and for their willingness to volunteer for the board.  Corliss mentioned the memo that was in response to board concerns regarding practices of the Building Inspection Department.  The memo was handed out at the meeting so Corliss asked the board to review it and then could discuss the memo at a future meeting.  Corliss assured the board that the City was in full support of any concerns or issues that the board may have and will respond accordingly.  Corliss stated that he is aware of frustrations regarding the U-Codes versus the I-Codes and if there are outside sources that can be used to analyze the impacts of blended codes or make the blended codes a smooth process, just to make the request.  Corliss stated that he is available if the board has any concerns that have not been addressed through other channels.  Corliss continued that whatever process needs to be taken that the city will make it a priority to see that the wishes of the board are supported. 

Wyatt asked about when issues come up regarding the minutes and the tape used differs from the what the board recalled was said, what should take precedence?

Corliss responded that the board owns the minutes and if the board feels that the tape does not reflect the intent of the board.  That the tape does not govern, that the board voting to accept or change the minutes govern.  If there is something that has not been captured in the minutes or the tape, then the board can alter the minutes to reflect what was understood to be said. 

 

Chaney had an unrelated item regarding new board members and asked if the vacancies on the board had been filled.

Staff responded that one position had been filled at the last City Commission meeting.  Gary Mohr of Professional Engineering Consultants was appointed to the qualified position. 

 

Staff asked if the board wished to have discussion of the memo on the next meeting agenda to let him know before the next meeting.  The board responded to have the item on the agenda.

 

Discussion with Rich Barr, Fire Marshall concerning International Fire Code

Chaney stated that he wished to have the e-mail regarding the difference between the number of electrical references that was mentioned at the April 25, 2006 meeting and what was the actual number of references. 

Barr stated that the number of references that the IFC(International Fire Code) makes to the NEC(National Electrical Code) was in error.  Barr continued that when he checked the number of references that were in the IFC, gave a report to the electrical board that was similar to the report given to this board. Similar to the mechanical board he asked the electrical board to ensure that the references were equivalent to the sections in the international codes.  Barr also mentioned that one of the electrical board members had informed him that the ICC(International Code Council) electrical code is in fact the NEC and that ICC only had a small document consisting of administrative guidance, but then referred to the NEC for the electrical provisions.

Wyatt stated that he visited with Barr after the board meeting and wanted to make sure the board had accurate information on the references, Barr then discovered there were in fact 64 references to the electrical code.

There was a discussion on the actual number of references to the electrical code either 54 or 64 references.  Barr stated that he would find out for sure and that the number was immaterial as long as each concern was addressed.

Chaney disagreed and stated that the city has been pushing for the International Codes.

Barr stated that he made a mistake and has taken steps to resolve what was mistakenly said agreeing that he had said there was only six references.  Once he discovered he was wrong, he admitted it and presented the information to the electrical board. 

Sparkes stated that it wasn’t until the board called attention to it that it was brought out.

Barr disagreed, he told him(Wyatt) within 30 minutes after the meeting that he had made a mistake.

Wyatt stated that there had been a history of conflicts between the city and the mechanical board and that all he is asking for is accurate information.  Wyatt observed that Barr did not realize the hostilities that had occurred in the past.  Wyatt continued that he believed that no one was trying to be deceptive in the number of references to the electrical code.  Wyatt mentioned that Barr was not trying to hide anything and that when the mistake was realized, he(Barr) took steps to resolve it. 

Chaney stated that he was not accusing Barr of any misconduct; he just wanted the minutes to reflect the accurate information.  He didn’t want the mechanical board to be accused of slowing down the adoption process and that there were other codes that also may have conflicts. 

 

Wyatt stated that he would like to have meetings with the other boards to resolve issues before they arise and keep discussions open and honest. He also seeks to have communication between all interested parties to make a smooth transition. 

Jones mentioned that the chairs of the boards need to initiate the meetings between the boards.

Wyatt stated that the board voted 5-0 to meet with the building board and that staff(Victor Torres) said that a meeting would not be necessary and that board later agreed that a meeting was not needed. 

Barr stated that his chair would entertain a meeting between the two boards.  Barr continued that he regretted not sending the same memo that was sent to the city manager to the mechanical board regarding the IFC to IMC references.  He asked if he had explained himself fully.

Sparkes stated that his main concern is that he did not want the city saying that the mechanical code has all these conflicts as compared to the other trades when in reality, the electrical code had a large number of references also.

 

Staff stated that Bill Schweitzer has provided a list of the references from the IFC to the IMC and included the relevant sections of the UMC(Uniform Mechanical Code).  Staff plans to assemble a report showing the complete text of all the referenced sections alongside each other for the board to review and make recommendations on what amendments need to be made.  Staff suggested providing the fire board the report and then have the two boards work out any differences among the codes.

 

Wyatt stated that he is in favor of the boards getting together to work out issues between the codes to avoid conflicts and problems after the codes are adopted. 

 

Staff stated that a similar report is being prepared with the IBC(International Building Code) references.

 

Wyatt also stated that he was disappointed that all these issues were not address at the beginning of the process instead of at the end.

 

Staff apologized to the board if he had caused any of the breakdown of communication of lack of information and will take steps to improve.

Wyatt stated that he did not think that any front line staff is the problem and the communication problems arise from management.  

 

Sparkes hopes that the process can take a more open direction so all parties are informed of what is happening.

 

Chaney suggested that once the board reviews the reports from staff, then meet with the appropriate board to work out the references. 

 

Chaney moved to place review of building code report on the next agenda if completed before the next meeting.  Seconded by Wyatt.  Pass 4-0.   

 

 

Schweitzer responded to the discussion regarding the references in the IFC.  He referred to them as references and not conflicts.  Schweitzer continued that many of the references out of the IFC to the IMC refer back to the IFC.  He mentioned that several references to the IMC are not present but refer back to the IFC. 

Wyatt stated that it would be a good idea to meet with the appropriate boards to have their expertise to follow and interpret the particular meanings of the code references. 

 

Schweitzer asked if the board knew of any one that was planning to attend the seminar.

Wyatt responded that he attempted to apply online but could not.

 

Schweitzer assured the board that IAPMO and ICC is very close to agreement and would be together for the next code cycle.      

 

Wyatt asked Barr if the fire board was aware of the joint venture between IAPMO and ICC.

Barr responded that the discussion had come up and the board was aware of it.

 

Miscellaneous

Staff distributed to the board a final report for the flat fee implementation. 

Wyatt asked if the fee took into consideration of the law suit pending regarding the building permit fees.

Staff responded that the fee would pertain only to miscellaneous permits and had no knowledge of any association of the flat fee with the lawsuit settlement.

 

Sparkes asked staff if there would be any requirement to adhere to the 15 foot flex rule for a temporary situation.

Staff responded that a temporary situation would be acceptable.

 

Sparkes stated that he appreciated Estrada’s time on the board.

Estrada stated that he was happy to serve and enjoyed his time on the board.  He stressed that communication is key to resolving conflicts. 

 

Adjourn

Motion to adjourn made by Chaney, seconded by Estrada, passed 4-0.  Meeting adjourned at 8:50 p.m.