September 21, 2007 minutes
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MEMBERS PRESENT: |
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Jim Sparkes, Bryan Wyatt, Kevin Chaney, Gary Mohr |
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MEMBERS ABSENT: |
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Mark Jarboe |
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GUEST PRESENT: |
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STAFF PRESENT:
EX-OFFICIO: |
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Victor Torres, Neighborhood Resources Director Barry Walthall, Building Safety Manager Tim Pinnick, Plan Review Manager
Patrick O’Brien, Mechanical Inspector |
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Meeting called to order at 9:30 a.m.
Board members reviewed documents that were sent to the Commission to consider the adoption of the International codes.
Chaney began discussion by referring to July 16, 2007 Mechanical Board minutes where he asked if the City was going to back the decision of the board, he read the response as follows:
Walthall responded the Building Safety Division would encourage the Board to continue on with the decision; the Board had identified issues they feel need to be addressed and have provided appropriate recommendations. The Board’s justification for their proposed changes appear solid, and inline with staff perception of City Commission direction such as improved energy efficiency and conservation of natural resources and energy costs over the life of these structures and systems. He also stated there may be opposition to the requirement for additional construction details for equipment and duct sizing and could not assess what the final disposition might be.
Chaney stated he has talked to the other board members about the change of events. He also stated he feels the board has been blindsided and slapped. He also stated his understanding is the homebuilders oppose the system performance amendment and Victor is trying to find ways to get around it. He stated the sizing requirements are in the code so there shouldn’t be a problem with making the contractor turn it in. He also stated the board has left it up to City staff to determine what other approved methods can be used. Chaney continued the board had a 5-0 vote to stay with the UMC but City staff did not support the board in its decision. Once the Commission directed the board to proceed with the IMC, the board did what was directed even though it was against the wishes of the board. If the contractor can not submit the sizing calculations then they are probably not doing them in the first place. Whatever method the contractor is using, it needs to be submitted to City staff for review and acceptance. The plumbing and electrical codes require their systems to be sized according to the code book and so should the mechanical systems. Chaney referred to the memo that stated there was no documentation of widespread problems with system performance, records of these problems would be found more with the builders or the contractors, the ones that actually have to try and solve the problems.
Mohr stated there was a contradiction in the memo from the opposition because they are opposed to the requirements, but they want the requirements to apply to all projects. Mohr stated the biggest energy user in residence is the heating and cooling system and in order to comply with requirements in the Energy code, the mechanical systems need to be sized properly. The reason the contractors oppose the amendment is because they don’t want to comply with the code. The sizing requirements are in the code, the amendment requires the contractors to provide documentation showing they have complied with the code.
Wyatt stated he does know homeowners that have called the City about their mechanical systems and can be at the Commission meeting. The homeowners can say they contacted the City and the City did not record any documentation of the complaint. He stated he had embraced the International code to the dismay of other board members. The Matrix report recommended the International, City staff has recommended the International. He stated he decided he needed to work with staff and not against them. The main reason he decided to embrace the International code is because of the energy requirements and the performance provisions of the code. The requirements have been in the code by reference but the issue has been a civil matter since the Uniform code dealt mainly with health and safety issues whereas the International also deals with performance measures. He stated with the addition of performance based requirements, the sizing requirements would be more enforceable. The board has attempted to implement what they understand is needed from the City and then at the 11th hour to not support the decisions of the board. He stated he is disappointed that City staff and the Mechanical board can’t work together better than this.
Sparkes stated he had been apprehensive about the International code from the beginning. He stated the Uniform code has been in place for a number of years and feels the City is trying to fix something that is not broken. He said that according to IAPMO representatives there are several cities that are using the blended codes. He stated he has been told by others that a blended code would not work. He asked why they had to change the code when it had been working.
Torres replied he was not sure how everything has gotten off track but he was glad that everyone was here and was able to express their feelings and hopes they can get things back on track. Torres stated City staff does support the board and referred to the end of the memo addressed to the Commission the suggested action is to adopt the ordinances as written. City staff has not even suggested any other options. He recognizes all the boards have worked hard to get to the place they are today. The job of City staff is to identify concerns that may come up and allow the Commission to be prepared for any opposition that may come up. Most of the issues with the codes have been resolved to most people’s agreement. There was a group that attended the Mechanical board meeting that had issues with part of the code that could not be resolved. Staff can anticipate that group will be at the Commission meeting to voice there opposition. City staff has the responsibility to provide information to the Commission. He stated there is not anywhere in the memo that states City staff is against the recommendation of the board. The memo describes the current practices and the anticipated practice once the recommendation is implemented. There will need to be additional documentation up front, which is fine. City staff has anticipated the Commission may ask how surrounding communities are implementing the requirement. The information provided to the Commission is purely factual. City staff supports the recommendation as outlined by recommending the ordinances be adopted as written. City staff has no record of complaints received. He is aware contractors may receive those types of complaints on a regular basis. He understands the contractors may deal directly with the homeowners. City staff agrees there is a problem out in the field but there is no way to measure the magnitude of the problem. Contractors have a better feel for the size of the problem because they deal with it on a regular basis. Staff can not gage the magnitude of the problem, but knows they can go into any house and find there may be a room that may not get the proper airflow. There are many factors that come into play when sizing the mechanical systems to these houses. The role of the City staff is to provide information. Torres stated he knows the board has put a lot of work into this and congratulated the board for their hard work. City staff has provided information to the Commission and does not believe City staff has “slapped” anyone in presenting information to the City Commission. Torres admitted City staff has stumbled in the past on submitting minutes on time and have made strides to improve the situation. He added they assigned Tim Pinnick to attend the board meetings to help in assuring that everything went smooth and there were no stumbles. City staff supports the recommendation of the board. The purpose of the memo that was presented to the board on Monday was to inform the board City staff had found that no other jurisdictions were doing anything with the requirements. Torres stated it was something the board needed to know and wanted to give them a heads up. He stated the information was going to be in the memo to the Commission and did not want the board to be blindsided with the information at the Commission meeting. That was the only intention of the memo.
Chaney asked why Lawrence is always compared to Johnson County and why should they always have to be the first to do something new. He has been told by staff there are a couple of the jurisdictions that are curious how this works out to see what they could do. He stated there is nothing in the memo that says City staff is going to do everything they can to make this work. There could have been a statement that said there was going to be opposition to this requirement but City staff was going to make it work.
Torres stated he expects those conversations to occur at the Commission meeting.
Chaney there is nothing in the memo that says City staff is going to back the board and make it work.
Torres stated the memo has been sent and there is no consultation with the boards when writing these memos. These memos are reviewed by staff members before being forwarded to the Commission. He confirmed there was no sentence in the memo that specifically supported the board. The role of staff is to provide information in a non-subjective manner.
Wyatt stated there was a sentence in the memo that says staff recommended adopting the sign code and questioned why staff could recommend it and not the mechanical.
Torres responded the sign code is amended by the legal department and the department does not have anything to do with the sign code. The City hired a consultant to examine the sign code and make appropriate amendments such as fees and constitutional rights in the sign code. All the changes to the sign code came from the legal department and staff inserted the sign code into the memo for adoption. The legal department staff recommended the sign code be adopted.
Wyatt asked Torres if he agrees that the amendment as presented will help staff enforce the code by requiring the contractor show proof that the systems are being sized properly. He has people asking him to put larger equipment in and can’t because the ductwork won’t carry the larger airflow. He stated he still doesn’t understand why staff could not recommend the codes similar to the sign code.
Torres responded that anytime the inspection office receives additional information it will help staff do its job better. Whether it be a soil analysis or an engineering analysis, it helps staff put a better product out in the field.
Wyatt asked if this is going to help why can’ staff members embrace it and say it in the memo.
Torres responded the memo has already been sent and could not do anything about it now.
Mohr asked if the board could send its own memo for the Commission agenda.
Torres said if the board were to put something together today, it could probably be added to the agenda. He also stated the purpose of this meeting was to clear up any misunderstandings that may be out there. There were good questions asked by everyone.
Wyatt asks Torres if he would tell the commission at the meeting on Tuesday, that staff supports the board’s amendment to the code requiring proof of sizing of mechanical systems.
Torres responded if asked, he would.
Wyatt responded, only if asked.
Torres said yes, only if asked.
Mohr apologized for any misconception he may have had and after meeting today, he understands the reasoning behind the information given to the Commission.
Torres reiterated staff is recommending adoption of all the codes as presented.
Sparkes stated he attended a Plumbing board meeting and the Plumbing board had decided to adopt the code as written and correct problems as they would arise.
Walthall responded after the concerns about the Plumbing code were raised, the board decided to carry forward some of the existing amendments.
Torres suggested City staff and the boards attend the Commission meeting as being united and hope for the outcome of the codes being adopted as written. Staffs support of this board and the other boards is to adopt the codes as recommended including the sizing provision.
Wyatt stated the homebuilder need to be aware the Energy code will drastically change how they build houses in Lawrence and assures City staff he will be sure the Energy code is followed. He hopes what is being said is true about supporting this amendment.
Chaney stated he feels better after meeting with City staff and hope to see a good outcome at the Commission meeting.
Mohr asked that if in the future the board could have the opportunity to send a memo of support for the Commission.
Motion to adjourn made by Mohr, seconded by Chaney, pass 4-0. Meeting adjourned at 10:12 a.m.