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HomeMy WebLinkAboutResolution 2009-022 IGA for Fire Code Official ServicesMARANA RESOLUTION N0.2009-22 RELATING TO BUILDING; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH NORTHWEST FIRE DISTRICT FOR FIRE CODE OFFICIAL SERVICES WITHIN THOSE PORTIONS OF THE TOWN OUTSIDE AN ESTABLISHED FIRE DISTRICT; AND DECLARING AN EMERGENCY WHEREAS the Northwest Fire District is an internationally accredited Arizona fire district, organized and existing pursuant to Title 48, Chapter 5, Arizona Revised Statutes, providing, among other things, fire protection and prevention services within its territorial boundaries; and WHEREAS the Town of Marana is an Arizona municipal corporation, organized and existing pursuant to Title 9, Chapter 2, Arizona Revised Statutes, which does not have a fire department; and WHEREAS the Town and the District have certain common jurisdictional areas; and WHEREAS areas of the Town's jurisdictional limits that are not served by the District are either served by other fire districts or are outside any fire district's jurisdictional limits; and WHEREAS the Town and the District have each adopted the same internationally recognized fire code; and WHEREAS the Town wishes to have the District perform certain fire prevention services within those portions of the Town's territorial boundaries that are not within any other fire district's territorial boundaries; and WHEREAS the Town Council finds that this resolution is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The intergovernmental agreement with Northwest Fire District for Fire Code Official Services attached as Exhibit A to and incorporated by this reference in this resolution is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. Resolution 2009-22 -1- SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the intergovernmental agreement. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17a' day of February, 2009. -~/~ Mayor d Honea ATTEST: e yn C ronson, Town Clerk APPROVED AS TO FORM: ~~~~~~i1i931ljd~®~~~ ~' "- v O rv ti •~ r .. T°r ank Cassidy, Town Attorney Resolution 2009-22 -2- F. ANN RODRIGUEZ, RECORDER DOCKET: 13504 Rli0'ORDED BY: RJL PAGE : 1158 DEPUTY RECORDER v°F~I~ ~ ~~~ NO. OF PAGES: UENCE SE 15 20090390284 9544 EAST-2 ~ : Q ~RD d w ~z 02/27/2009 ~ `' S 13 58 NORTHWEST FIRE/RESCUE DISTRICT Y~ ~ ~ RE : 5 2 2 5 W MAS S INGALE RD `4RIZO~Q' TUCSON AZ 85743 MAIL ATTN: GEORGEANN HACKENBRACHT AMOUNT PAID $ 20.00 RESOLUTION NO. 2009-002 A RESOLUTION OF THE GOVERNING BOARD FOR THE NORTHWEST FIRE DISTRICT [THE "DISTRICT"] APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF MARANA [THE "TOWN"] FOR FIRE CODE OFFICIAL SERVICES. WHEREAS, the District is an internationally accredited emergency medical, fire and rescue services provider and an Arizona Fire District, organized under and existing pursuant to Title 48, Arizona Revised Statutes; and WHEREAS, the Town is an Arizona municipal corporation, organized and existing pursuant to Title 9, Chapter 2, Arizona Revised Statutes, which does not have a fire department; and WHEREAS, the District and the Town share certain portions of their territorial boundaries; and WHEREAS, the Town wishes to have the District perform certain fire prevention services within those portions of the Town's territorial boundaries which are within the District's territorial boundaries, and within those portions of the Town's territorial boundaries which are not within the District's territorial boundaries nor any other fire district's territorial boundaries; and WHEREAS, the staffs of the District and the Town have drafted an Intergovernmental Agreement attached hereto as Exhibit "A" and incorporated herein by this reference, for the performance of certain fire prevention services; and WHEREAS, it is the desire of the District and the Town to jointly exercise their powers, pursuant to A.R.S. sections 11-952, et seq., and 48-805 (B)(17)(a), and enter into the Agreement attached hereto as Exhibit "A"; and WHEREAS, the Governing Board of the Northwest Fire District has reviewed the terms and conditions of the Agreement and finds that entering into it is in the best interests of the District and its residents. NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Northwest Fire District that the Agreement, attached hereto as Exhibit "A", is hereby adopted, and District officers and staff are hereby authorized to execute the Agreement and take all steps necessary and proper to carry out its purposes. ~~e fdl ~~ ~,w~: Page 1 of 3 l~ PASSED and ADOPTED by the Governing Board of the Northwest Fire District at a duly noticed meeting held on January 13, 2009, by a majority of a quorum of the Governing Board Members. Ric ~ Nassi B rd Chair ATTEST: APPROVE~AS TO FORM: __ ischel Clerk of the Board Thomas ~avidez District Attorney 1 a4 v..h IpI :9 9'17 ~~~55~yB hbp ~r y~ i~~ Page 2 of 3 EXHIBIT "A" [Intergovernmental Agreement] Page 3 of 3 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND NORTHWEST FIRE DISTRICT FOR FIRE CODE OFFICIAL SERVICES This Intergovernmental Agreement ("Agreement") is entered into this l~~day of F Q , 2009, by and between the Town of Marana (the "Town"), pursuant to A.R.S. 9-2 0 (B) (7) and 11-952, et seq., and the Northwest Fire District (the "District"), pursuant to A.R.S. 48-805 (B)(17)(a) and 11-952, et seq., for the purpose of having the District provide fire code official services within certain portions of the Town's territorial boundaries. RECITALS WHEREAS, District is an internationally accredited Arizona fire district, organized and existing pursuant to Title 48, Chapter 5, Arizona Revised Statutes, providing, among other things, fire protection and prevention services within its territorial boundaries; and WHEREAS, Town is an Arizona municipal corporation, organized and existing pursuant to Title 9, Chapter 2, Arizona Revised Statutes, which does not have a fire department; and WHEREAS, District and Town share certain portions of their territorial boundaries; and WHEREAS, Town shares certain portions of its territorial boundaries with other fire districts; and WHEREAS, District and Town have each adopted the same internationally recognized fire code ("Fire Code"); and ..i. WHEREAS, Town wishes to have District perform certain fire prevention services within 'y il~~l those portions of the Town's territorial boundaries which are within the District's ~u;~G territorial boundaries, and within those portions of the Town's territorial boundaries ~~~~ which are not within the District's territorial boundaries nor any other fire district's '~, territorial boundaries [collectively the "Applicable Areas"]. 1' iw'µp TERMS 1. Responsibilities of the District. Within the Applicable Areas, the District shall provide appropriately trained and qualified personnel to serve as Fire Code Official for the Town with full authority as Fire Code Official. More specifically, the District, through its Fire Marshal and other personnel, shall provide the following services: a. Enforce the Fire Code as adopted by the Town. b. Review plans for fire safety as sent by the Town to the District, and return those plans with any recommendations, comments or corrections to ensure the minimum Fire Code requirements have been met, in accordance with the times set forth on the attached Exhibit A. The plan reviewer will be required to regularly interact with other public safety officials and agencies at the local, state and federal levels, including the Town Building Official, Public Works, Zoning, Health Department and others to ensure the construction of Fire Code conforming buildings. c. Establish procedures to inspect new construction, during the construction process, to ensure the project is consistent with the approved plans. d. Provide copies of inspection results to the Town's Building Official by the close of the following business day after inspections are performed. e. Provide the Town with monthly Fire Code Official activity reports. f. Report to the Town Building Official possible violations, issue any citations as appropriate and consult with the Town Police Department, Building Official and Prosecutor from time to time as appropriate. g. Provide fire origin and cause investigation in accordance with nationally recognized standards for fire investigations. 2. Responsibilities of the Town. ,~~d a. The Town shall be the ultimate authority for all plan reviews and inspections for existing construction with input from the Fire Code ~~;;~ Official. Interpretation responsibility for existing construction will be ~;; handled mutually between the Building Official and the Fire Code Official. b. If the Fire Code Official has any changes to be made in the areas of fire inspection for new or existing construction, the changes must be mutually agreed upon by the Building Official and the Fire Code Official before implementation. 2 c. The Town shall bill the District's fees for providing plan reviews and inspections for those services provided by the Fire Code Official within those portions of the Town's territorial boundaries, which are not within the District's territorial boundaries. The Town shall remit to the District those fees collected, on a monthly basis, with a report identifying the parties who paid the fees and the projects to which they pertain. The Town shall not be liable to the District for fees which are receivable, though not collected. The District shall be responsible for billing its fees for services provided within the District's territorial boundaries. A copy of the District's current fee schedule is attached hereto as Exhibit B. However, the District may amend its fee schedule from time to time at the discretion of the District's Governing Board. 3. Recording. The District shall be responsible for recording this IGA with the Pima County Recorder's Office upon approval by the District's Governing Board. 4. Outside Plan Review. Without effect to the terms of this Agreement, from time to time, in the event of high demand for plan review, either the Town or the District may determine it is appropriate to send plans to a qualified consultant. 5. Personnel. The District shall give prompt notice to the Town of any change in the District's personnel for the position of Fire Code Official or any related staff. Town acknowledges that the District participates in mutual aid and automatic aid agreements with other entities, and from time to time, services may be provided on behalf of the District by personnel from other districts. 6. Insurance. The parties agree that they shall maintain for the duration of this Agreement policies of public liability insurance sufficient to cover all of their obligations undertaken in the implementation of this Agreement. 7. Mutual Indemnification. To the extent which it legally may, each party shall indemnify, defend and hold harmless the other party, its officers, departments, employees, and agents from and against any and all suits, actions, claims, A~; demands of any kind or nature arising out of the indemnifying party's acts or u~°a omissions. ~~~~ 8. Term of the Agreement. This Agreement shall remain in effect for 60 months ~ and may be renewed upon mutual written agreement of the parties. This '1. Agreement may be terminated by either party upon 30 days written notice. N ~,,~p 9. Notice. Any and all notices, requests and/or demands made upon a party pursuant to or in conjunction with this Agreement shall be delivered in person 3 and deemed delivered upon receipt or by U.S. Mail and deemed given five business days following depositing in the mail, first class postage prepaid to: The Town: The Town of Marana Attn: Town Manager 11555 W. Civic Center Drive Marana, AZ 85653-7006 The District: Northwest Fire District Attn: Fire Chief 5225 W. Massingale Road Tucson, AZ 85743 10. Financing. The parties represent that each has sufficient funds in its budget to carry out its obligations under this Agreement. Should either party fail to obtain continued funding during the term of this Agreement or fail to appropriate or approve funds, this Agreement shall be deemed terminated as of the last day such funds are available. 11. Jurisdiction. Except as otherwise specifically set forth in this Agreement, this Agreement shall not be construed to either limit or extend the jurisdiction of either party. 12. Non-Discrimination. The parties agree to be bound by applicable state and federal rules and regulations governing equal employment opportunities and non-discrimination. 13. Conflict of Interest. This Agreement is subject to the provisions of A.R.S. section 38-511. 14. Employee Relationship. This Agreement does not and shall not be construed to create any partnership, joint venture or employment relationship between the parties or create any employer/employee relationship between a party and the employees of the other party. Neither party shall be liable for any debts, P accounts, obligations or other liabilities whatsoever of the other, including, '"m without limitation, the other party's obligation to withhold social security and ~~j a income tax for any of its employees or to provide workers' compensation ~~yl coverage. "1 ~n 15. Each party shall comply with the notice provisions of A.R.S. section 23- ~~ 1022(E). For purposes of A.R.S. section 23-1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the protocol in place, and said party 4 shall have the sole responsibility for the payment of workers' compensation benefits or other fringe benefits of said employees. 16. Third Parties. Nothing in this Agreement is intended to confer any rights or remedies to a person or entity not a party, or the successor or assigns of a party. 17. Immigration Compliance. As mandated by Arizona Revised Statutes section 41-4401, the parties are prohibited after September 30, 2008, from awarding a contract to any contractor or subcontractor that fails to comply with A.R.S. section 23-214(A). The parties must also ensure that every contractor and subcontractor complies with federal immigration laws and regulations that relate to their employees and A.R.S. section 23-214(A). Therefore, in signing or performing any contract for the parties, the parties fully understand that: a. They warrant that they and any subcontractors they may use comply with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. section 23-214(A); b. A breach of the warranty described in subsection A, shall be deemed a material breach of the contract that is subject to penalties up to and including termination of the contract; and c. The parties or their designees retain the legal right to inspect the papers of any contractor or subcontractor employee who works on the contract to ensure that the contractor or subcontractor is complying with the warranty under subsection A. BY THEIR SIGNATURES BELOW, EACH PARTY REPRESENTS THAT IT HAS OBTAINED APPROVAL OF ITS GOVERNING BODY AT A DULY NOTICED PUBLIC MEETING. The "Town" The "District" The Town of Ma na Northwest F' e District By: G~~-~ gy. Its: Mayor. Its: 'rperson Attest: ler By: Its. "~~u N ~, .1 u~ 5 ATTORNEY CERTIFICATION The foregoing Intergovernmental Agreement has been reviewed pursuant to A.R.S. section I 1-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. --~ -- omas A. Benavidez, Esq. Attorney, Northwest Fire District r 'F° k Cassidy, Esq. Attorney, Town of Marana ~~ ,i~~h .,.N i~a ~~~ ,C'~ ~~ ~m~ :":~ ~~~~~ 6 EXHIBIT A DISTRICT PERFORMANCE TARGETS Class I: No Fire Plan review required; Inspections performed within 48 hours of the day requested excluding weekends and holidays 90% of the time Qualifying elements: • No structural modifications (new roof loads, openings in bearing walls) • Minimal mechanical, plumbing or electrical revisions (i.e. rerouting existing ductwork with no significant increase in length, moving existing fixtures with no appreciable increase in pipe length and relocating existing electrical components) • Occupancy load less then fifty • Either a B (business office) or M (mercantile/retail) occupancy • No fire separation issues (no fire separation walls shown or required) • No changes to occupancy or building area • No changes to fire alarm and fire sprinkler plans • Require final inspection approval by the Building Safety Division and the Fire Code Official prior to issuance of a Certificate of Occupancy • Respond to requested inspections within 48 hours of request excluding weekends and holidays 90°Io of the time Examples of businesses that could qualify in this category are: Retail shops that add only a customer service counter with cash register & display racks, exercise facility that adds only customer service counter, needs no additional toilet room(s). All Class I tenant improvements regardless of the type of business must also fall within the above guidelines. Class II: 10 working days Tenant Improvement review, excluding plans submitted by Alternative Means and Methods which may require additional time ,l. Qualifying elements: u tl'~~gM i41$ • Minimal structural modifications (i.e. add mechanical loads to the existing roof structure, change door/window openings, no additions to the ~I`i~ building) ;~;; • Minor mechanical, lumbin and electrical revisions ~"°p p g (i.e. addition of ~~ ductwork, addition of plumbing fixtures, addition of electrical components which do not require an increase in the service) • No A (assembly), E (education), or I (institution) occupancies • No fire separation issues 7 • Minor changes to fire sprinkler plans (relocation of heads, no additions to system) • Minor changes to alarm. plans (no additions to system) • Respond to requested inspections within 48 hours of request excluding weekends and holidays 90% of the time Examples of businesses that could qualify in this category are: Retail shops, exercise facilities, business offices, etc., that add only a customer service counter with cash register, display racks and interior partition walls or modular office spaces that do not require additions to the fire sprinkler or alarm system are exercise facility that adds only customer service counter, needs no additional toilet room(s). All Class II tenant improvements regardless of the type of business must also fall within the above guidelines. Class III: 25 working days Tenant Improvement review, excluding plans submitted by Alternative Means and Methods which may require additional time Qualifying elements: • Structural modifications • Comprehensive building, fire, mechanical, plumbing and/or electrical review required • Fire separation issues • Changes in occupancy and/or building area • Improvement is for an A, E or I occupancy • Additions to fire sprinkler system • Additions to fire alarm system • Respond to requested inspections within 48 hours of request excluding weekends and holidays 90% of the time The counter staff will conduct a preliminary review using these guidelines and alert the plan review staff which classification and timeline has been selected. Upon receiving the plan, the plans examiner will review the plans to verify the classification selection. The applicant will be notified of the timeline selection. For Class I tenant improvements Fire Code Official approval of plans will not be required. The Fire Code Official will verify ~,i.~ through inspection that no changes were made or required to the fire sprinkler or alarm pct system prior to construction beginning. if~6 New Commercial Buildings ~"~ ~~;r Same as Class III tenant improvements ~; New Custom Residential Homes 12 calendar days review excluding holidays 90°Io of the time Qualifying elements: 8 • Plan review of residential fire sprinkler plans • New residential custom home construction - not a model home • Respond to requested inspections within 48 hours of request excluding weekends and holidays 90% of the time Model Home 12 calendar days review excluding holidays 90% of the time • Plan review of residential fire sprinkler plans for a Town of Marana approved model plan • Respond to requested inspections within 48 hours of request excluding weekends and holidays 90% of the time ~„ ~u IF N'^~~,~` I'':'P 9 EXHIBIT B DISTRICT FEE SCHEDULE FOR SERVICES ~~~ ;~„ ~, ~,~~, ~"i 10 y .`~if-is\l\n RI-~IUf ~'1~(li fill- l~c~itl(f\i}-~I I'IKh.I)Iti'II.IC f, Illf I !cl\\I\c; ~~"f'I L - .„ " (~ci\IP•ll \ITl \NI? IIII I~14\N~11 ~'~~.1:.'\N\ ~~ ;\I~i~.lll~l~ll<\I I~;~, ~~-III ~l\II Il `ti ~R\I~ 1~ ~,~ ~~~. ~{;,~~i'.li it 1121). J1 >.i ~V \I \11-~i `~. 3:~'`'' I'll~r.l.{`'Of~iti?-lUfO I ~~.t`'(11~~' IU;~;;; n.~~u:lll;;;.ll lr..l.,~l~ Fire Code Permit Fees Fees for operational services are established through the adopted Fire Code of the Northwest Fire District, 2006 International Fire Code w/amendments. The fees for services shall be as indicated in the following schedule as established by the Northwest Fire District Board. FIRE CODE FEE SCHEDULE PLANS REVIEW COMMERCIAL SPRINKLER SYSTEMS PLAN ,, ~, a PER SYSTEM RISER $200 SPECIAL FIRE SUPPRESSION SYSTEMS PLAN (i.e. Hood S stems, Clean S stems ~, a PER PLAN $100 FIRE ALARM SYSTEMS PLAN ~ PER BUILDING $200 MODIFICATION OR ADDITION TO EXISTING FIRE PROTECTION SYSTEM PLAN ~, ~, a PER PLAN $100 RESIDENTIAL R-3 SPRINKLER SYSTEM PLAN i, ~ PER PLAN $100 1 - 5 lot split (private parties) $50 RESIDENTIAL PLATS z, ~, a 1 - 5 lot split $100 6 - 30 lots $150 3i -200 lots $200 Greater than 200 $250 COMMERCIAL DEVELOPMENT PLAN Buildings up to 99,999 s uare feet. z, ~• a PER DEVELOPMENT PLAN $250 COMMERCIAL DEVELOPMENT PLAN Buildings 100,000 square feet, up to 249,999 s uare feet. z, ~, e PER DEVELOPMENT Pt_aN $500 COMMERCIAL DEVELOPMENT PLAN Buildings over 250,000 s uare feet. z, ~, a PER DEVELOPMENT PLAN $1000 WATER PLAN REVIEW s PER PLAN $200 CONSTRUCTION PLAN ~,a PER BUILDING PLAN $200 CONSTRUCTION PLAN Tenant Im rovement ~, a PER BUILDING PLAN $100 $200 + EXPEDITED PLAN REVIEW a exclude Town of Marana) PER PLAN 2HR MIN $75/HR SERVICE FEES FIRE CODE VARIANCE REQUEST $250 OPERATIONAL PERMIT PER PERMIT $150 SPECIAL EVENTS INSPECTION business hours HOURLY $50/HR SPECIAL EVENTS INSPECTION s HOURLY $75/HR PYROTECHNICS INSPECTION a HOURLY $75/HR INSPECTION FEE out of District HOURLY $75/HR SERVICE FEES s Failure to have approved plans on site, Failure to attend inspection, (20 minute wait time) Failure to install per the approved plan, (must be approved) Failure to " retest" fire rotection s stems PER INCIDENT $100 II„~ 0'i1 ~G~ Ir;~b ~, ~~~w. 'i„ Fees shall be paid by check or money order `PAYABLE TO' NORTHWEST FIRE DISTRICT. Permit fees shall be paid prior to services. Pyrotechnics Inspection fees shall be paid prior to the scheduled inspection. Footnotes Fee includes plan review, all normal inspections during business hours; includes approved revisions during construction. Fee is waived if system is not required. z Fee is assessed per development and includes development plan review and site inspection. s Fee is per hour from time of setup start to'/z hr after display ends. Includes permit review and inspection. a Fee is Base Rate plus hourly fee with 2 hour minimum; review is after performed during non-business hours and is completed within 3 business days not including holidays; Base Rate includes a second review. s Fees are based per incident s Fee is per hour with 2 hour minimum for services or inspections requested after business hours; for inspections requiring more than 2 inspectors, fee will be per hour, per inspector. Fee can be waived if it is a charitable event or by the discretion of the Fire Marshal. ~ The Fire Marshal reserves the right to have a third party review any plan, at the developer's expense. Selection of the reviewing party shall be selected by the Fire Marshal or his designee. The Fire Marshal can also waive all fees associated to sprinkler review cost for a non required system. s Revised or resubmitted plans fora 3`d time will be treated as a new submittal. s Water plan review include site inspection and required flow test. :~~, iu Iii II~~~I ,~, ~~,+p. ,~~t~