Department of Community Development
Reference: Building Safety Codes Ordinance
To: Mayor Gregory Mills and Members of City Council
Through: Jane Bais-DiSessa, City Manager
Marv Falconburg, AICP, Assistant City Manager
Holly Prather, AICP, Community Development Director
Prepared By: Matt Rowland, C.B.O., Chief Building Official
Date Prepared: September 29, 2020
PURPOSE
This ordinance will update the City’s Building Safety Codes to the most current. This will also allow for operational laws to be included in the Municipal Code, enabling the enforcement and outlining the way we do business in relation to construction. The ordinance also adopts set standards related to weather, geographic and other specific items related to how we build. The ordinance also includes the adoption of codes related to swimming pools and spas that will keep the City in line with Federal and State requirements for the safety of our citizens. These codes are for construction and the condition of the built environment only. They do not regulate land use or occupancy rights, other than controlling hazards.
STRATEGIC FOCUS AREAS
• Recognizable and Well-Planned Community
• Safe, Active and Engaged Community
NEW CODE TRANSITION
If the code should be approved by City Council, in the City’s transition to the new code, applications submitted prior to the effective date of January 1, 2021, will be reviewed by staff using the previous Adopted Building Safety Codes and such sections and criteria are referenced in this report. At the option of the applicant, after this ordinance is adopted, they may begin to submit permit applications for the current adoption or the new adoption until January 1, 2021. Any permit already issued or applied for may continue to construct under the current code until completion after January 1, 2021.
BACKGROUND
The current Building Safety Codes were adopted in February of 2013. These codes are now antiquated and may not reference new technology, methods and materials that are now in use. The design software that is used by architects and engineers will expire soon for design under the 2012 I-codes.
In the most recent Building Code Enforcement Evaluation Report by the Insurance Services Office (ISO), it was recommended that the city make every effort to adopt the latest edition of the Building Codes. This will increase our ISO score and may have a positive impact on fire insurance rates for our residents.
STAFF ANALYSIS
This ordinance has been studied and all codes have been reviewed by staff for use by the City.
The Fire Code has been reviewed by the Fire District. A copy of the proposed update was submitted to the Metropolitan Home Builders Association and no formal response was received.
Please refer to the attached PowerPoint presentation for details on all of the proposed amendments to the Building Safety Codes.
PUBLIC NOTICE AND INQUIRY
Per State Statues, when adopting model codes, the ordinance should be introduced first and a date for the public hearing should be established, which was done by the City Council at a regular meeting held on September 1st. Thereafter, publication of the upcoming public hearing is required a minimum of 15 days and 8 days before the hearing, which was completed in the Brighton Standard Blade editions on September 16, 2020 and September 23, 2020. A copy of the notice has been attached.
No public comments have been received as of the date of this staff report.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
This code adoption is recommended by staff to allow all construction to be performed with the safest and most efficient processes and codes available. As such, a draft Ordinance has been provided to the City Council should it decide to proceed with the Ordinance as presented.
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has four options when reviewing this Ordinance. City Council may:
1.) Approve the Ordinance;
2.) Approve the Ordinance with modifications;
3.) Deny the Ordinance with specific findings to justify the denial; or
4.) Continue the item to be heard at a later, specified date if the Council feels it needs additional information.
ATTACHMENTS
• Draft City Council Ordinance
• Newspaper Notice
• City Staff’s Draft Presentation via PowerPoint