CITY COMMISSION AGENDA ITEM

Department:

Planning and Development Services

Commission Meeting Date:  April 16, 2019

Staff Contact:

Barry Walthall, Building Official

Recommendations/Options/Action Requested:

Adopt ordinance No. 9625 on first reading, repealing existing Chapter 5, Article 1 and enacting, in its place, Chapter 5, Article 1 of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, pertaining to building and construction, if appropriate.

Adopt ordinance No. 9635 on first reading, repealing existing Chapter 5, Article 16 and enacting, in its place, Chapter 5, Article 16 of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, pertaining to the Building Code Board of Appeals, if appropriate.

Executive Summary:

Proposed ordinance No. 9625 updates Chapter 5, Article 1 of the City of Lawrence code regarding administration of the building codes, resulting in two significant changes:

1. A new permit fee schedule is created that assigns fees for new home construction based on square footage instead of the construction value of a project.

2. Regulations governing the Code Appeals Boards as currently configured are deleted, effectively disbanding the Building Code Board of Appeals, Electrical Code Board of Appeals, Mechanical Code Board of Appeals, and Plumbing Code Board of Appeals.

Proposed ordinance No. 9635 repeals existing Chapter 5, Article 16, also resulting in two significant changes:

1. Regulations governing the Contractor Licensing Board as currently configured are repealed, effectively disbanding the Contractor Licensing Board.

2. A new Chapter 5, Article 16 is created that establishes regulations for a new Building Code Board of Appeals that consolidates the responsibilities of the former Building Code Board of Appeals, Electrical Code Board of Appeals, Mechanical Code Board of Appeals, Plumbing Code Board of Appeals, Contractor Licensing Board, and Fire Code Board of Appeals.

The new permit fee schedule supplements the existing fee schedule, and creates uniform fees based on the total square footage of a newly constructed home. Eight tiers of fees are created, and average fees over the past two years are compared to proposed new fees in the following table:

Total Area (square feet)	Average Fee (1/1/2017 through 12/3/2018)	Proposed Fee	Number of Permits Issued (1/1/2017 through 12/3/2018)	Average Difference
< 2,000	$1,219	$800	32	-$419
2,001-2,749	$1,616	$1,300	85	-$316
2,750-3,499	$1,837	$1,725	110	-$112
3,500-4,249	$2,257	$2,150	99	-$107
4,250-5,249	$2,637	$2,550	46	-$87
5,250-6,999	$3,374	$3,350	29	-$24
7,000-9,999	$4,011	$4,400	10	$389
>9,999	$6,911	$7,500	3	$589

This fee schedule is intended to provide relief for homes located in the affordable end of the value range where less review time is required to process a permit. Most permits for new homes smaller than 7,000 square feet will cost less for permit fees than under the current fee schedule, and conversely most permits for new homes 7,000 square feet or larger will cost more in permit fees. Of homes for which permits were obtained during the period from January 1, 2017 through December 3, 2018, more than 96% were smaller than 7,000 square feet.

During the City Commission Work Session on August 8, 2017, Assistant City Manager Diane Stoddard presented a report to the Commission that responded to the initiative to “inventory and evaluate the role of existing advisory boards and commissions and identify opportunities to consolidate or sunset as appropriate, and adopt consistent operating guidelines.”  Included in the report was a recommendation to consolidate the Code Appeals Boards, including the Building Code Board of Appeals, Electrical Code Board of Appeals, Mechanical Code Board of Appeals, Plumbing Code Board of Appeals, Fire Code Board of Appeals, and Contractor Licensing Board. The direction to staff was to begin efforts to consolidate the Code Appeals Boards into a single entity.

As was noted in the report provided at the work session, consolidation of these boards would eliminate time staffing multiple boards and enhance staff efficiency. Consolidation also helps with the issue of filling positions that require individuals with highly technical training and specialized knowledge. Finding qualified City residents to fill positions is sometimes challenging, and has occasionally resulted in significant periods where positions have been left unfilled.

The proposed structure of the newly created Building Code Board of Appeals is intended to maintain the expertise of individual trades as a resource for reviewing code. The proposed new board would include eleven members, including:

· One Kansas-licensed professional engineer, who specializes in structural engineering

· Two Kansas-licensed professional architects

· One Kansas-licensed professional engineer, who specializes in mechanical or electrical engineering, or both

· One City-licensed Class A or Class B contractor, or qualified employee

· One City-licensed Class C contractor, or qualified employee

· One City-licensed electrical contractor, or qualified employee

· One City-licensed mechanical contractor, or qualified employee

· One City-licensed plumbing contractor, or qualified employee

· One person with at least five-years’ experience in the fire protection field

· One person who shall be a member of the public at-large

Among the concerns that some have expressed to staff are that the direction to consolidate the Code Appeals Boards would result in a board that did not have sufficient expertise in any one particular construction discipline, or that too much responsibility would be given to one particular member with specific training and knowledge of any given issue that may come before the board. Staff opinion is that the proposed make-up of the board provides for great diversity of knowledge and expertise across the entire construction industry. Though a particular code issue may not be within an individual member’s expertise, their extensive training and experience in applying codes would allow for quick understanding of specific issues, particularly when presented with the written and/or verbal arguments of specialists on either side of an issue.

Strategic Plan Critical Success Factor

Effective Governance/Professional Administration

Safe, Healthy, and Welcoming Neighborhoods

Fiscal Impact (Amount/Source):

The fiscal impact to the City is negligible.

Attachments:

Ordinance No. 9625

Ordinance No. 9635

Reviewed By: (for CMO use only)

☐TM ☒DS ☐CT ☐BM