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04-24-1985 Special . o o CITY OF EDGEWATER Building Code Board April 24, 1985 Special Meeting Minutes Chairman Howard called the special meeting to order at 7 p.m. in the Community Center. ROLL-CALL: Members present: Messrs. Howard, Cole, Vanzin, Ogram and Hall. Also Present: Jose' Alvarez, City Attorney, Dennis Fischer, Building Official and Joan Taylor, Secretary. Present in the audience: Mr. Gary Robinson and Frank Opal. Mr. Howard asked approval of the members to go to Miscellaneous to allow time for the City Attorney to arrive. There were no objections. Miscellaneous Mr. Fischer referred to the complaint filed by Mr. Gary Robinson concerning funds due him by a local builder for services rendered. He explained that he contacted the County and other cities to see how such complaints were handled in those areas, and learned that misrepresentation of funds is very hard to prove. They have left this section alone and considered it a civil matter between the builder and supplying agent. The State Licensing Board advised that this supplier can file a complaint form with the State. He advised that he has supplied Mr. Robinson with a copy of this form. It is a general complaint form which any person can make against a contractor - either a private citizen or a sub-contractor. Such a complaint will be investigated by the State. In essence, he stated, his department will not get involved in the financial problems between contractors and sub-contractors. Mr. Gary Robinson, 2926 28th Street, Edgewater, owner of Edgewater Glass, was present, and questioned why the City could not handle this matter because Section 7-349 (8) and Section 7-350 (a) (1) lists this violation and gives the building office power to revoke or suspend a certificate of competency., if such violation is found to exist. He emphasized that it is a long process to go to the State level. Mr. Howard explained that he sympathized with the problem, but such a hearing would set a precedent where the City and the Boards would become collection agencies. Mr. Robinson argued that the Code is there and was adopted for a reason. This subject was reviewed at length by the members. Some of the members felt that the matter should be addressed by the local board. Mr. Howard suggested that after the other business before the Board is completed this matter will be discussed further. Mr. Howard welcomed Mr. Alvarez to the meeting. OLD BUSINESS - Duties and Responsibilities of the Board Mr. Alvarez was introduced to the new members of the Board. He explained that it was his belief 'that the Code_was fairly claar on the duties and responsibilities of the Board, but upon reviewing it he has found that it is very vague. He apologized for this oversight and agreed that this meeting should have been held a long time ago. Considering the volume of business being done in Edgewater, this Board is extremely important, he stated. Referring to the previous conversation with Mr. Robinson, and the reference to the Board being a collection agency, Mr. Alvarez said it is a gray area and it is hard to draw the line. Such complaints will need to be handled on a case by case basis. They need to decide what role the Board is going to play in a growing, developing million dollar industry in this community. It is a very serious,important matter. Mr. Cole said that it was his understanding that when this Board was formed it was to hear complaints and hold hearings and forward its recommendations on to the City Council. o o Councilman Asting and City Clerk Martinez arrived to the meeting. Mr. Alvarez said that he wants to hear from the Board members on how they ,view their role in terms of helping the community. The building ordinance will need to be amended, he stated. It is important to make sure that whatever functions the Board carries out are within the prescribed and authorized powers of the Charter. Basically, he stated, a city is nothing more than a municipal corporation. The city has no other powers than those given it by the State legislature. Within those powers the city may be authorized to form boards. There are two basic types of boards, i.e. those created by the State legislature such as the Board of Adjustments, and those which are created by a municipality from the powers given to the municipality by the legislature. Therefore, it must first be determined the position of the board in the Charter. Secondly, the role of the Board in the community must be ascertained. He asked for the Board's input concerning the amendment to the present ordinance. Mr. Howard asked Mr. Alvarez for his opinion on the functions and role of the Board. Assuming the power is in the Charter, Mr. Alvarez responded, in his opinion this Board has the power to regulate construction standards within the corporate limits of the City of Edgewater. It should have the power to enforce and regulate those standards. The enforcement arm of the Board to do that is the Building Official. The Board's function number two is as a tribunal whereto an individual shall have the opportunity to come and say that he disagrees with the Building Official. He clarified the differences between this Board and the Board of Adjustments and the Citizen Code Enforce- ment Board. Thirdly, the Board has the power to regulate and set standards for those trades people operating within the City. Mr. Vanzin commented that the case just discussed would fall under the third item, to regulate and enforce the code. Mr. Alvarez said that the Board will need to meet more frequently to make the necessary changes to the Code. Mr. Howa~d asked how far reaching the power of the Board is pertaining to controlling the construction industry, especially those people either working in the area now or coming into the area, and asked if the Board has the right to review applicants who are going for a contractor's license. Mr. Alvarez said the Board will need to work closely with the State, and some control can be used at the time of application for the building permit. Councilman Asting was present and agreed with the suggestion that any new builders and contractors coming into the area and applying for a license should have their application reviewed by the Building Code Board before the City issues the license. Mr. Howard said that a competency card is what is needed and this application goes to the Building Official. If he has a question he could then refer it to the Board. Mr. Fischer reviewed his proposal that background information be provided by,' those people apply- for new competency cards. He agreed that new builders and contractors com- ing into the City should be reviewed by the Board before competency cards are issued. Mr. Howard reiterated again that the function of the Board is to ensure the health, safety and welfare of the citizens of the City. It was pointed out by Mr. Vanzin that the builder under question at this time is operating under four different names. Mr. Fischer said he called the State licensing board regarding this builder and learned that he can legally have two names under one license. He was advised by the State that investi- gation would need to be done to see if contracts with homebuyers were signed as ponderosa Homes, Sherlock Homes, Park Avenue Builders or Fever Builders. Mr. Alvarez asked the members to consider a different name for the Board and after some discussion the name Building Trades Regulatory Board was suggested. Mr. Cole questioned whether the Board could use a different name from what the State cited. Mr. Alvarez recommended that the members come up with what it is they want to do first and then put that within the framework of the Charter and the State requirements. Mr. Cole said that there was a blue book which spelled out the function of the Board at the time the Board was created back in 1975. Mr. Alvarez said that he had reviewed briefly the 941 ordinance and it has sections of the Southern Standard Building Code put into the ordinance. He questioned whether this meant that the City is adopting only those sections in the ordinance or the whole Southern Standard Building Code. Mr. Cole recalled that immediately after the Building Code Board was formed as a 7-member board it was reduced to a 5-member board by the State. BUilding Code Board April 24, 1985 - 2 - .. o o Mr. Alvarez recommended that the definitions in this section of the ordinance be listed first. Definitions are crucial for the regulatory purpose. The third area is the breakdown of the areas of the Board. There was discussion about the enforcement function of the boards. The City Attorney read into the record Sec. 1-8. General penalty; continuing violations, of the Edgewater Code. He questioned if the Citizen's Code Enforcement Boardneeaed to spell out which codes it has control over as is done in the definiti.on section, and said he would check into this. It is not logical for one Board to hear all cases in the City. The third function of the Board is the enforcement of the Southern Standard Building Code. Under that would be appeals from this Code. Mr. Alvarez explained that appeals from the decisions of the Building Official will be hear by the Board, who would be sitting in their appelate capacity. Appeals from the Board's decision would go to the Circuit Court. The fourth duty of the BoaI1d would be the regulation of trades. The members must determine how far they want to regulate, who they will regulate and how it will be done, as well as what mechanism to use to be effective and enforce- able. It was agreed that the Board would work this section out and make their recommendation to the City Attorney. The members will need to work closely with the Building Official in this phase. Mr. Gary Robinson asked if the Board will be enforcing the building and construction codes of Edgewater as they are written. Mr. Howard pointed out that there are no experts on the Gas Code or the Fire Code serving on the Board. The Standard Building Code calls for five members; the City Council could appoint two new members to cover the trades. Councilman Asting suggested that tfie Board could make a recommendation to the City Council to increase the number of members. Those trades to be regulated are: building contractors, electricians, plumbers, and mechanical. The Southern Standard also has the gas code. These trades should be represented by Board members, it was generally agreed. The other areas called for by the Code are architect and engineer. The Southern Standard Building Code specifies one architect, one general contractor or engineer, and three members at large. The Board will hear appeals from decisions made by the Building Official which are not involving the zoning ordinance. It will also hear complaints from citizens regarding builders and contractors, It cannot protect every customer from every builder, but by hearing the complaints then, in its regulatory capacity,the Board can determine those troublesome builders or contractors in the City. The members agreed with the City Attorney's assessment of these functions. Mr. Howard commented that by doing this the Board would be protecting the general public as well as the trades. Th~ City__Attorney said that .in his opinion a_decision of the Board should end with the Board. If someone doesn't like it they would go to Circuit Court. There is no need to involve the City Council. Mr. Howard asked if the Board has a right to make a decision on a case where a citizen comes in with a complaint against a builder. Mr. Alvarez responded that there is no problem with that as long as due process is given; the contractor has to be notified of the complaint and must be given the oppor- tunity to be present when the complaint is heard. The Board will make its decision and from there he can appeal. It can be determined to have the appeal to the City Councilor directly to the Circuit Court. Mr. Alvarez explained that it used to be that governments were immune from being sued. In 1975 the legistature waived sovereign immunity. Under the civil rights doctrine it says that any person who violates the civil rights of another person can be sued in Federal Court. A case in 1980 said that a city is a legal entity. But the only way you can sue a city is if it is the legal policy of the city, and the only way you can have official policy of a city is if the city council is involved. If a case is taken to the council and the council acts on it, then the council is involved and the city is involved. Because of this recent decision he recommends that appeals be directed to the Circuit Court. Building Code Board April 24, 1985 - 3 - o o Mr. Gary Robinson again referred the members to Sec. 7-350 of the code, stating that it goes directly to this question. Mr. Vanzin read Sec. 7-349, (8) and recommended that the Board act on Mr. Robinson's complaint. Mr. Howard suggested that this subject be addressed further along in the meeting. It was agreed that the members would work on the definitions and the regula- tions and make their recommendation to the City Attorney. The procedure for a hearing was reviewed, and it was determined that a competency card can be pulled if a, violation is proven. Mr. Fischer said that once a competency card is pulled a builder cannot work in the City. Mr. Howard said that if a letter goes to the State he may receive a suspension or revocation. Mr. Fischer explained that you don't need a competency card to work in the City if you've passed the State certified program. Mr. Alvarez said that usually a City can pass regulations which are stronger than the State statutes. Mr. Fischer said that possibly in those cases where they are State certified the case could go directly to the State. Reviewing the proposed changes to the building ordinance, Mr. Alvarez cited the items: #1, Name; #2, Definitions; #3 Enforcement of the Southern Standard Building Code; #3b, Appeals from the Code; #4, Regulation of Trades. Explaining the parts of a permit, Mr. Fischer said that the general contractor is responsible for the project as a whole; in those three trade areas he must have masters in electricity, plumbing and mechanical. In those areas which are not State tested or regulated, they fall under the general con- tractor and he is responsible. Mr. Howard noted that if a man is free- lancing he will need to come to the City and get a registration card. Mr. Fischer said that is what he had proposed last year but the Council did not approve it. He would like to have a list of the workers from the contractors and ask that those people come in andregister with the City. It was suggested that a joint meeting be held with the City Council after the ordinance is prepared to familiarize them with what is proposed. Mr. Hall said that in his opinion the quarterly meetings of the Board are not enough~ Mr. Vanzin moved that the Board meet every Wednesday for the next 45 days at 7 p.m. except for the second Wednesday of the month. Mr. Hall seconded the motion, which PASSED UNANIMOUSLY. MISCELLANEOUS Mr. Gary Robinson's case was discussed by the Board. Mr. Robinson did submit a written complaint to the Building Official. Mr. Fischer said that he has not contacted the party involved as the complaint was just received. The City Attorney reviewed the procedure. Anyone can file a complaint with the secretary of the Board who in turn will turn it over to the Building Official. He does an investigation and if he finds probable cause it then comes to the Board for a hearing. If the Building Official can get results at his level it will not be referred to the Board. If he cannot resolve the problem the case is referred to the secretary, who will place it on the agenda. The violator will be given a copy of all the documentation and a copy of the agenda together with the hearing notice. He pointed out that the Board does not have subpoena powers. Explaining the hearing procedure to the members, Mr. Alvarez said that the members will receive in their agenda the notice of the hearing. It is important that they will have no information on that item except what is given to them in the agenda packet before the hearing. The members should not look into it and express an opinion. At the hearing they listen to both sides of the case; if additional information is needed the hearing may be tabled. The decision is rendered on the evidence presented at the hearing. Mrs. Martinez, City Clerk, suggested the notice of the hearing be sent by certified mail. Mr. Hall moved for adjournment, seconded by Mr. Cole. The meeting was ad- journed at 9:16 p.m. Minutes prepared by Joan Taylor Building Code Board - 4 - April 24, 1985