4.a) & b) Building Inspection Services ,
Meeting Date: 11/08/2011
Agenda Item: L `� l
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City Council Agenda Report
City of Scandia
14727 209`�' St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Take the following actions regarding building inspection services for the
City of Scandia:
• Approve an agreement with the City of Forest Lake for providing part-
time building inspections services to the City of Scandia;
• Designate Keith Wille as Building Official for the City of Scandia; and
• Discuss whether or not to advertise for a Building Official.
Deadline/Timeline: As of November 8, 2011 the city has no Building Official and must
designate one.
Background: At the October 11 work session the Council authorized staff to negotiate an
agreement with the City of Forest Lake. The agreement has been prepared
and has been approved by the Forest Lake City Council. Staff has met
with Forest Lake staff to plan how the services will be delivered. The
particulars of the agreement include:
➢ Scandia will pay Forest Lake $53.00 per hour for its services.
Forest Lake will receive the entire plan review fee collected by
Scandia, when applicable. Mileage will be reimbursed at the
current IRS rate.
➢ Applications for permits will be made at the Scandia city office,
and Scandia will collect all fees according to adopted schedules.
➢ Requests for inspections will be made directly to Forest Lake.
➢ Forest Lake staff will be available to advise Scandia residents on
building code issues and to answer questions.
➢ Monthly reports and invoices will be provided; the Building official
will attend Council meetings as requested.
➢ The agreement may be terminated with 60 days notice by either
P�Y•
➢ Services to be provided include only building code related work.
Forest Lake will take no responsibility for zoning or other
Development Code-related items, local ordinances and permits
(such as for driveways and utility permits) or for code enforcement
not related to the building code.
• The 2012 budget includes salary and related costs for a regular, part-
time Building Official position (20 hours per week.)
Page 1 of 2
11/02/11
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Recommendation: Staff has the following recommendations:
a) that the Council approve the agreement with the City of Forest
Lake;
b) that the Council pass a motion designating Keith Wille as Scandia
Building Official; and
c) that the city not advertise for a part-time Building Official, nor for a
contractual position, at this time.
The agreement with Forest Lake represents an opporiunity for our two
cities to share resources. They have the capacity to handle additional work
as long as it represents the equivalent of one-third to one-half of a full-time
equivalent position, which fits well with the level of activity in Scandia.
We should give the agreement a reasonable period of time(perhaps at
least 6 months) to determine if it provides the desired level of service to the
public (for both cities) and to determine how it will fit within the budget.
Advertising for a position now would also be difficult given the other
positions we are currently hiring (Maintenance Superintendent and a new
City Attorney) and with other workload of the remaining staff.
Attachments/ • Agreement to Provide Building Inspection Services
Materials provided:
Contact(s): Keith Wille, Building Official
City of Forest Lake 651 209-9728
Prepared by: Anne Hurlburt, Administrator
(building inspection services)
Page 2 of 2
11/02/11
AGREEMENT TO PROVIDE
BUILDING INSPECTION SERVICES
This Agreement is made and entered into this day of , 2011,
between the City of Forest Lake, a Minnesota municipal corporation ("Forest Lake") and the City
of Scandia, a Minnesota municipal corporation("Scandia").
WITNESSETH:
WHEREAS, Forest Lake employs full-time in-house building officials to perform
building inspection services within Forest Lake ("Building Official"); and
WHEREAS, Scandia previously employed a building inspection official to provide
building inspection services within Scandia; and
WHEREAS, Forest Lake and Scandia desire to enter into a contract with each other for
the performance, by the Building Official, of building inspection services within the boundaries
of Scandia, on a fee basis, on the terms and conditions hereinafter set forth; and
WHEREAS, such contracts are authorized and provided for by the provisions of
Minnesota Statutes Section 471.59.
NOW, THEREFORE, in consideration of the mutual undertakings set forth herein, Forest
Lake and Scandia agree as follows:
I. PURPOSE.
This Agreement establishes terms upon which Forest Lake will provide part-time building
inspection services to Scandia through the Building Official. Forest Lake agrees to provide
building inspection services to Scandia and Scandia engages such services in accordance with
this Agreement.
II. LEVEL OF SERVICE.
During the time that this Agreement is in effect and subject to all terms and conditions herein,
Forest Lake will provide building inspection services to Scandia, through the shared time of the
Building Official, encompassing the following duties, functions and services:
1. Providing building inspection services as required for enforcement and administration
of the Minnesota State Building Code as adopted by the Minnesota Commissioner of
Administration from time to time pursuant to Minn. Stat.16B.59-16B.73, including
the rules and codes adopted by reference therein adopted by the City of Scandia
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("Building Code"). Specifically included are all services relating to general
construction, plumbing, heating, ventilating, air conditioning and refrigeration work
for which a permit is required under the Building Code. The parties expressly
acknowledge that electrical services are not to be provided by Forest Lake as a part of
the services herein.
2. Evaluating compliance with building codes for a range of building types, including,
but not limited to: residential, commercial, and industrial properties
3. Conducting plan review for conformance with the Codes specified herein and
approve, or disapprove same indicating reasons for such disapproval;
4. Acting as a resource to residents in matters relating to building code compliance,
zoning, and inspection, as requested by Scandia.
5. Assist in all Building Code violation prosecutions with the Building Official's time,
records, and expert information.
Forest Lake and Scandia have prepared and agreed upon an initial Plan of Service attached hereto
and incorporated herein as Exhibit A.
III. PERSONNEL
The Building Official is an employee of Forest Lake. Any personnel policies applicable to Forest
Lake employees shall apply to the Building Official, and Forest Lake shall be solely responsible
for the salary,wages, workers compensation, PERA, withholding tax and health insurance, other
compensation and fringe benefits of the Building Official.
The standards of performance,methods of providing building inspection services, and other
matters incidental to the performance of building inspection services under this Agreement,
including the selection of personnel to be employed, shall be solely determined by Forest Lake,
except that, when providing building inspection services within Scandia, the Building Official
shall follow and enforce Scandia's Codes and Ordinances. Scandia will inform Forest Lake if
the level of service pursuant to this Agreement is of concern or if additional services are
requested.
IV. CHARGES FOR BUILDING INSPECTION SERVICES.
Scandia shall receive all fees described in Ordinances 106 and 114 attached hereto as Exhibits B
and C.
Scandia shall pay to Forest Lake for the Building Inspection Services rendered by Forest Lake to
Sandia as follows:
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1. Providing Building Inspection $53.00 per hour
Services as required for enforcement
and administration of the Minnesota
State Building Code—
2. Plan Review-- 65% of the permit fees as shown on
Exhibits B and C attached
3. Mileage- As allowed by the Internal Revenue
Service (currently 55.5¢ per mile)
Payments for building inspection services due to Forest Lake by Scandia shall be billed monthly
to Scandia and paid within 30 days of receipt of an invoice therefore.
V. TERM OF AGREEMENT.
This Agreement shall be effective as of November 9, 2011, and shall continue indefinitely unless
terminated by either party. Either party may terminate this Agreement for any reason by giving
60 days prior written notice. Forest Lake shall provide all building inspection services referred to
in Section II up to the date of termination.
This Agreement may be extended upon mutual agreement of the parties.
All written notices under this Agreement shall be mailed to the addresses indicated below:
To Forest Lake: City Administrator
City of Forest Lake
220 North Lake Street
Forest Lake, MN 55025
To Scandia: City Administrator
City of Scandia
14747 209`" Street North
Scandia, MN 55073
VI. RELATIONSHIP OF PARTIES AND INDEMNIFICATION.
This Agreement shall be construed as a joint powers agreement between Forest Lake and
Scandia, as authorized by Minnesota law. The Building Official performing building inspection
services pursuant to this Agreement shall, at all times, remain an employee solely of Forest Lake
and shall have no employment relationship, express or implied with Scandia.
Scandia shall indemnify and defend Forest Lake and the Building Official, with respect to all
claims, demands, losses, lawsuits settlements, penalties and other charges, arising out of the
performance of the Building Official's duties under this Agreement, provided, however, that this
duty to indemnify and defend shall apply only to claims, demands, losses, lawsuits, settlements,
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penalties and other charges caused in part by negligent acts or omissions, or willful misconduct,
by the City of Scandia. Scandia shall provide evidence satisfactory to Forest Lake that Scandia
has insurance coverage sufficient to cover this obligation to defend and indemnify Forest Lake.
Forest Lake shall indemnify and defend Scandia with respect to all claims, demands, losses,
lawsuits, settlements, penalties and other charges, arising out of the performance of the Building
Official's duties under this Agreement, provided, however, that this duty to indemnify and
defend shall apply only to claims, demands, losses, lawsuits settlements,penalties and other
charges caused by negligent acts or omissions, or willful misconduct,by the City of Forest Lake.
Forest Lake shall provide evidence satisfactory to Scandia that Forest Lake has insurance
coverage sufficient to cover this obligation to defend and indemnify Scandia.
VIL CODES AND ORDINANCES.
Scandia has adopted by Ordinance the Minnesota State Building Code as adopted by the
Minnesota Commissioner of Administration from time to time pursuant to Minn. Stat. 16B.59-
16B.73, including the rules and codes adopted by reference therein (Exhibit D attached). The
Building Official shall be responsible for advising Scandia staff and Scandia City Council of
Building Code changes.
While this Agreement is in effect, Scandia shall provide a copy of current Scandia codes and
ordinances to Forest Lake.
VIII. AGREEMENT.
This Agreement contains the entire agreement and understanding between Forest Lake and
Scandia and no statements, promises or inducements made by any party hereto, or officer, agent
or employee of either party hereto, which is not contained in this written Agreement shall be
valid and binding. This Agreement may not be enlarged, modified or altered except in writing
signed by the parties and endorsed hereon.
A waiver by any party of any term of condition of this Agreement shall not be deemed or
construed to be a waiver of such term or condition for the future or any subsequent breath
thereof.
Each party shall execute and deliver any and all documents and shall perform all acts reasonably
necessary to carry out the provisions of this Agreement.
IX. DATA PRACTICES.
Scandia and Forest Lake agree to comply with the Minnesota Data Practices Act and all other
State and Federal laws relating to data privacy or confidentiality. Scandia and Forest Lake will
immediately report to each other any requests from third parties for information relating to this
Agreement or the building inspection services provided pursuant to this Agreement.
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Furthermore, Scandia and Forest Lake agree to promptly respond to inquiries from each other
concerning data requests.
X. AUDITS.
The books, records, documents, and accounting procedures and practices of Scandia and Forest
Lake related to this Agreement are subject to examination by each other and either the
Legislative Auditor or the State Auditor for a period of six years after the effective date of this
Agreement.
XI. WORKER'S COMPENSATION.
Forest Lake represents and warrants that it has and will maintain during the performance of this
Agreement workers' compensation insurance coverage required pursuant to Minn. Stat.
§176.181, subd. 2 and that the certificate of insurance is current and in force and effect.
IN WITNESS WHEREOF, the parties have signed this Agreement on the date above
written:
CITY OF SCANDIA: CITY OF FOREST LAKE:
By: By:
Randall Simonson Chris Johnson
Its: Mayor Its: Mayor
By: By:
Anne Hurlburt Ellen Paulseth
Its: Clerk/Administrator Its: Interim Clerk
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Exhibit A
Plan of Service
Hours of Operation — The Building Official will be available Monday through Friday from 8:00
a.m. to 4:30 p.m.
Applications for Permits—Applications for permits shall be made at the Scandia city office,
Administrative Support — Forest Lake and Scandia agree to provide administrative support for
the Building Official for each respective jurisdiction.
Reporting—The Building Official will provide support to Scandia for all requisite reporting.
Council Meetings — The Building Official will attend Council meetings as requested by the
Scandia City Administrator.
Inspection Scheduling — Requests for inspections shall be made through the Building Official's
office staff by calling 651 464-4349. A minimum 24-hour advance notice is required.
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CITY OF 5CANDIA
ORDINANCE 1T0. 145
AN ORDINA�'vCE ADOPTING THE MINNESOTA STATE BUILDiNG CODE,
PROVIDING FOR THE APPLICATION,ADMINISTRATION,A.�1D ENFORCEMENT
O�THE MINNESOTA STATE BUILDING CODE BY REGULATING THE
ERECTION,CONSTRUCTION, ENLARGEMEivT, ALTERATION,REPAIR,
MOVING, REMOVAL,DEiVIOLITION, CONVERSION,OCCUPANCY,EQUIPMENT,
USE, HEIGHT,AREA,AND MAINTENANCE OF ALL BUILDINGS AND/OR
STRUCTURES I�'�1 THE CITY OF SCANDIA; PROVIDING FOR THE ISSUANCE OF
PERMITS AND COLLECTION OF FEES THEREFOR; PROVIDING PENALTIES FOR
VIOLATION THEREOF; REFEALING ALL ORDINANCES AND PARTS OF
ORDINANCES THAT CONFLICT THEREWITH
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains:
Section 1. Codes �dopted by reference. The Minnesota State Building Code,as
adopted by the Commissi�ner of Administration pursuant to Minnesota Statutes chapter 16B.59
to 16B75,including all of the amendments,rules and regulations established,adopted and
pubtished fzom time to time by the Minnesota Commissioner of Administration,through the
Building Codes and Standards Division is hereby adopted by reference with the exception of the
optional chapters,unless specifically adopted in this ordnance. The Minnesota State Building
Code is hereby incorporated in this ordinance as if fully set out herein. This ordinance shall
perpetually include the most current edition of the Mimnesota State Building Code, with the
exception of the optional appendix chapters,which shali not appiy unless specifica[ly adopted.
Section 2.Applicstion,administration and enforcement.The application,
administration,and enforcement of the code shall be in accordance with the Minnesota State
Building Code. The code enforcement agency of this municipatity is called the City of Scandia
Building Inspections Department. This code shall be enforced by the Minnesota Certified
Buildittg Official designated by the City of Scandia to administer the code(Min�aesota Statute
16B.65, Subdivision I.)
SecNon 3.Permits required. rt is unlawful to conduct any activity in the City for
which a permit is required by any provision of the Building Code without first obtaining a
permit from the City in the manner provided by this section. Application for a permit shall be
made to the Building Official on forms furnished by the City. T'he application shall contain
information as to location,nature,extent and costs of the proposed structure,work, installation,
acdvity, or other purpose, and other information which the Building Official may require under
the Code. Upon determination that the pernnit application meets the requirements of the Code
and all other codes and ordinances of the City of Scandia, the permit shafl be issued.
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Sectioa 4. 1'ermit fees. Pernut fees and plan review fees shall be assessed for work
governed by the Code in accordance with the fee schedule adopted by the City of Scandia by
ordinance. All fees shalt be collected by the City before the issuance of any pernut.
SecNon 5. Building Code opNonal chapters.The Minnesota State Building Code,
established pursuant to Minnesota Statutes i6B.59 to 16B.75 allows tfie municipality to adopt by
reference and enforce certain optional chapters af the most current edition of the Minnesota State
Building Code. The fotlowing optional provisions identified in the most current edition of the
State Building Code are hereby adopted and incorporated as part of thc building code for the
City of Scandia:
l. International Building Code Appendix J(Grading)
Section 6. Violations and penal#ies.A violation of the code is a misdemeanor
(Minnesota Statutes 16B.69.) The city may also institute appropriate actions or proceedings to
prevent, retrain,correct or abate violations or threatened violations of this Ordinance.
SecNon 7. Repeal. Any ordinance or provision of an ordinance heretofore existing
pertaining to the subjects treated in this ordinance shall be deemed repeated from and after the
effective date af this ordinance,provided that this repeal shall not affect any right established
prior to the effective date of tltis ordinance or the provisions of any valid permit issued prior to
th�effective date of this ordinance.
Section 8. EffecNve Date. This ordinance shall be ef�ective upon its adoption.
Passed and adopted by the City Council of the City of Scandia this I6th day of October,
2007.
Dennis D. Seefeldt,Mayor
ATTEST:
Anne Hurlb�rt, Clerk/Administrator
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CITY OF SCANDIA
ORDINANCE NO. 106
AN ORDINANCE Al�i URDINANCE ESTABLISHING FCES FOR BUILDING PERMITS
ISSUED BY THE CITY OF SCANDIA
The City Council of the City of Scandia, Washington County,Minnesota hereby ordains:
Section l. Findings. The issuance of permits and the collection of building permit fees
shall be as authorized in Minnesota Statutes, l 6B.62, subdivision 1. These fees are deemed fair,
reasonable and proportionate to the actual cost of the service for which the fee is imposed.
Section 2. Fees.
(A) Buiiding Permit Fees. The foUowing schedule of permit fees shall remain
effective until revoked by action of the City Council:
TOTAL VALUATION BUILDING PERMIT FEE
�1.00 to$2,000.00 �69.50(minunum permit fee)
$2,000.01 to$25,000.00 $69.50 for the first$2,000.00 plus$14.00 for each
additionat $1,000.00,or fraction thereof,to and including
$25,000.00
$25,000.01 to$50,000.00 �391.2S for the first$25,000.00 plus$10.10 for each
additional$1,000.00, or fraction thereof, to and including
$50,000.00
$SO,OOO.OI to$100,000.00 $b43.75 for the first$50,000.00 plus$7.00 for each
additionai$1,000.00,or fractian thereof, to and including
$100,004.00
$1 d4,000.01 to$500,000.00 �993.75 for the first$100,000.00 pius$5.60 for each
additional$1,000.00,or fraction thereof, to and including
$500,000.00
$SOO,OO.Oi to $1,U00,000.00 $3,233.75 for the first$SOO,OOO.OQ plus$4.75 for each
additional$1,000.00,or fraction thereof,to and including
$i,000,aoo.ao
$1,000,000.01 and up $5,608.75 for the first$1,000,000.00 plus $3.t 5 for each
additional$1,000.00,or fracrion thereof
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(B) Plan Re��ew Fees. A plan review fee of 65%of the permit fee shall be collected
with the permit fee. Plan review fees for similar buildings shail be 25%of the building permit
fee. Similar buildings shall be defined as provided by the Minnesota Building Code. The
Building Official shall determine whether the plan is substantially similar to the master plan.
(C) Sureharge Fees. Surchar�e fees shall be collected on all permits issued for work
governed by the Minnesota Building Code in accordance with Minnesota Statute 16B.'l0.
(D) Plumbing Permit Fees. The minimum building permit fee listed in the tabie in
Section(A),above, shall apply to plumbing work within a residential structure. The fee for
other plumbin.g permits shall be the minirnum fee or 1.5%of the estimated cost, whichever is
greater.
(E) Mec6anical Permit Fees(Heating,Air Condition,Ventilation and
Refrigeration.) The minimum building permit fee listed in the table in Section(A),above,shall
apply to t.he installation of any central heating and/or air conditioning system within a residential
structure. The fee for other mechanical permits shall be the minimunn fee or 1.5%of the
estimated cost,whichever is greater
(F) Other Inspections and Fees:
1. [nspections outside of normal business hours: $50.00 per hour
2. Re-inspection fees assessed under provisions of Section $50.00 per hour
305.8
3. lnspections for which no fee is specifically indicaied $50.00 per hour
(minimum charge—orte-half hour)
4. Additional plan review required by changes, addit.ions or $50.00 per hour
revisions to plans
5. For use of outside consultants for plan checking and Actual costs
inspections, or both .
Seetlon 3. Buiiding valuation. The permit fee shall be based upon the value of the
work{including tabor and materials) as determined by the Building Official. The Building
Offiical shatl cons�lt vaivativn data published annually by the Minnesota Codes and Standards
Division in making this determination.
SecNon 4. Returaed huilding permit appUcations. A fee of 50°% of the pian review
fee shall be charged for permit appiications t.hat are returned without issuance.
Section 5. Refunds. The City may refund fees for building,plumbing and.mechanical
permits on which no work has been done and no inspections have been made. Request far
refunds must be i�wniting, signed by the permit halder, and submitted within one year of perrnit
issuance. The City shall retain 20%of the permit fee. Plan review fees are not refundable.
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Sectian 6. Double Fees. Ifa person.begins work of any kind for which a permit from
the City is requized without having secured the necessary permit therefore, either previous to or
on the date of commencement of the work,he or she shall,when subsequently securing such
permit, pay douhle the fee provided for the permit.
SecNon 7. Effective Date. T'his ordinance shall be effective upon its adoption.
Passed and adopted by the City Council of the City of Scandia this 1 bth day of October,2007.
Dennis D. Seefeldt,Mayor
ATTBST:
Aru�e Fiurlburt,CierklAdministrator
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CITI'OF SCANDIA
ORDINANCE N0. 114
AN ORDINANCE AMENDIi�TG ORDI�'VAhCE NO. 106
ESTABLISHING FEES FOR BUILDING PERMITS
ISSUED BY THE CITY OF SCANDIA
T'he City Council of the City of Scandia, ViVashington County, hiinnesota hereby ordains,
Section 1. Amendmen� Ordinance No. 1(?6, Section 2,article(A) shall be amended to
read as follows:
(A) Building Permit Fees. The following schedule of perrnit fees shall remaen
effective until revoked by action of the City Council:
TOTAL VALUATION BUILDING PERMIT FEE
$1.00 ta$4,�00.00 $99.50(minimum permit fee)
$4,000.01 to$25,000.00 $99.50 far the first$4,000.00 plus$14.00 for each
additional $1,000.00,or fraction thereof, to and includi.ng
$25,000.00
�25,000.01 to$50,000.00 $39125 for the first$25,000.00 plus$10.10 for each
additional$t,000.00,or fraction thereof, to and including
$50,000.00
$50,000.01 to$140,000.00 $643.75 for ehe first$50,000_00 plus$7.00 for each
additionat $1,000.00,or fraction thereof, to and including
$100,000.40
$100,000.01 to$500,000.00 $993.75 for the first$100,000.00 plus$5.60 for each
additional $1,000.00,or fraction thereof, io and including
$SOO,OOO.OQ
$500,00.01 to$1,000,000.00 $3,233.75 for the first$500,000.00 plus�4.75 for each
additional $1,000.40,ar fraction thereof,to and including
$1,000,000.00
$1,000,000.01 and up $5,608.75 far the first$1,�00,000.00 pius $3.15 for each
additionat$l,Ot}0.00, or fraction thereof
All o#her provisions of Ordinance No. 106 shalI remain in effect as adopted.
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Section 2. Effective Date. This ordinance shal3 be effective upon its adoption and
publication according to law.
Passed and adopted by the City Council of the City of Scandia this 6th day of January,2009.
Denn.is D. Seefeldt, Mayor
ATTEST:
.Anne Huriburt, Clerk/Administrator
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