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HomeMy WebLinkAboutPACKET Town Board Study Session 2014-09-09 Tuesday, September 9, 2014 TOWN BOARD 4:00 p.m. – 6:30 p.m. STUDY SESSION Rooms 202/203 4:00 p.m. Trustee Comments & Questions. 4:10 p.m. Future Study Session Agenda Items. (Board Discussion) 4:20 p.m. Assistant Town Administrator Position. (Administrator Lancaster) 4:50 p.m. Break for Dinner 5:00 p.m. Board Communication. (Mayor Pinkham and Attorney White) 5:45 p.m. Discuss the Adoption of Dangerous Building Section of the International Building Code. (Director Chilcott, CBO Birchfield, and Attorney White) 6:30 p.m. Meeting Adjourn. “Informal discussion among Trustees concerning agenda items or other Town matters may occur before this meeting at approximately 3:45 p.m.” AGENDA                    September 9, 2014 September 23, 2014  Review Progress of 2014 Objectives  Consideration of Hiring a Mountain Urban Planner October 3, 2014  Budget Study Session October 10, 2014  Budget Study Session October 14, 2014  Follow Up Discussion of Issues Related to Seasonal Tour Businesses – Revisit in October; Concerning Pick Up/Drop Off, Use of Public Parking Lots, Temporary Ticket Sales Structures, Ticket Sales From Vehicles, Signage and Routes  Town Water Ownership Issues October 17, 2014  Budget Study Session October 24, 2014 (If Needed)  Budget Study Session October 28, 2014  Continuation of Discussion of Town’s Role in Housing Including the Possibility of a Study Committee November 11, 2014  Review Citizen’s Survey Results December 9, 2014  2014 Objectives – Review of Progress Items to be Scheduled (Items are not in order of priority)  Enforcement of Vacation Home Regulations Discussion – Recommendations From Staff Due by End of 2014  Parking Structure Design Revisions – Review After Bids are Received  Logo Discussion  Discussion of Town Owned Fish Hatchery Property – After Appraisal is Completed  Review of the Accelerated Development and Design Process Used for Parking Structure  Review of Draft Policy on Public Forums  Possibility of Joining the RTD  Museum / Senior Center Master Plan   Future Town Board Study Session Agenda Items Assistant Town Administrator Job Description August 2014 Page 1 TOWN OF ESTES PARK ASSISTANT TOWN ADMINISTRATOR EXEMPT: Yes GRADE: MGMT 5 DEPARTMENT: Administration REPORTS TO: Town Administrator SUMMARY Under limited supervision of the Town Administrator, provides performs a wide variety of professional level administrative duties while providing direct support to the Town Administrator as well as support to Department Heads of the Town of Estes Park. EXAMPLES OF ESSENTIAL DUTIES AND RESPONSIBILITIES The below list is intended to be illustrative of the responsibilities of the position and not all encompassing. The Town may change these duties at any time.  Assists the Town Administrator in performing a wide variety of administrative functions in the day-to-day operations of the Town.  Assists the Town Administrator with a variety of special projects including, but not limited to, grant writing, liaison with community organizations, information gathering, and intergovernmental relations policy development, as assigned by the Town Administrator.  Establishes and maintains effective working relationships with employees, Town officials and departments, community groups, professional organizations, and the general public.  Performs professional duties in the areas of claims management, accident investigations, consultation, loss preventions, training, implementing and coordinating insurance contracts, programs and activities associated with property, causality, auto and claims administration.  Researches, prepares, implements and evaluates a variety of new or special administrative programs as assigned; recommends solutions to potential or existing Town problems.  Conducts informational research studies; investigates, prepares, presents and implements (as necessary), complex, technical, statistical and operating reports and other items based upon existing policy or upon special direction from the Town Administrator.  Represents the Town at various community meetings and attend meetings/conferences of related local, regional and national professional development organizations as well as Board and Committees as assigned; meets and confers with individuals and groups to explain, interpret and discuss Town policies on a variety of subjects.  Assist with preparing, monitoring, and administering of the Town’s annual budget.  Provides business assistance function by serving as a point of contact for questions regarding business resources; develops positive working relationships with economic development resource providers.  Receives and manage citizen complaints, comments and suggestions.  Performs other related work as required or assigned. Assistant Town Administrator Job Description August 2014 Page 2 KNOWLEDGE, SKILLS & ABILITIES To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. Reasonable accommodations may be made to enable qualified individuals with disabilities to perform the essential functions. The requirements listed below are representative of the knowledge, skill, and/or ability required:  Excellent skills in written composition.  Working knowledge of the principles and practices of public administration, including research methods and procedures.  Some knowledge of governmental budget and accounting methods.  Ability to plan, direct, coordinate and evaluate various administrative functions.  Ability to develop, and interpret Town ordinances, rules, regulations and policies.  Ability to analyze administrative problems and to make effective recommendations for their solution.  Ability to communicate effectively, both verbally and in writing, and follow oral and written instructions.  Ability to establish and maintain effective working relationships with employees, Town officials and departments, elected officials, community groups, professional organizations, and the general public.  Ability to use a computer and other electronic devices as well as software programs such as Microsoft Office and an internet browser. EDUCATION & EXPERIENCE  Bachelor’s Degree in Business Administration, Public Administration, Finance or related field. Masters Degree preferred.  Three years of professional management experience in organizations of similar size and complexity to the Town of Estes Park.  A combination of education and experience may be considered CERTIFICATES, LICENSES, REGISTRATIONS  Valid Colorado Driver’s License and satisfactory driving record. MGMT 5  $  104,590    $  128,122    $  151,655   Assistant Town Administrator Job Description August 2014 Page 3 Assistant Town Administrator Physical Requirements and Work Environment Frequency Guide Rarely (R) Occasionally (O) Frequently (F) Constantly (C) Less than - 5% 6 – 30% 31% - 70% Over 70% Physical Task Frequency Physical Surroundings Frequency Sitting F Extreme Temperatures R Standing F Inside Work C Walking F Outside Work R Running R Walking on uneven surfaces R Stooping O Working at height R Kneeling R Other: Squatting R Climbing R Environmental Conditions Balancing O Exposure to Chemicals O Reaching O Exposure to Gases/Fumes/Dust O Grasping C High Noise Levels R Fingering C Moderate Noise Levels O Handling C Vibrations R Visual Acuity: Near F Light/Power Equipment Ops O Visual Acuity: Far O Heavy Equipment Operation O Depth Perception R Work in Traffic R Color Discrimination R Local Travel F Peripheral Vision O Out of Town Travel O Talking C Other: Hearing C Other: Weight of Objects Moved Over 100 pounds R Over 50 Pounds R Over 10 pounds O I understand the description of this job and the essential functions, as given above. I also understand that all of the duties are not described above and that I will perform those above and all other assigned duties as directed by my supervisor and management. Signature: Printed Name: Date: DDDRRRAAAFFFTTT 999///000999///222000111444 1 Town Board of Estes Park Code of Conduct for Elected Town Officials PURPOSE As leaders of our community, it is important that the members of the Town Board hold themselves to the highest standard of conduct, setting an example for other Town officials and Town employees, and ensuring that the public has confidence in the integrity of its government and Town Officials. Adherence to these standards will protect and maintain the Town of Estes Park’s reputation and integrity. Accordingly, the Town of Estes Park has adopted this code to describe the standards of behavior to which its leaders should aspire. This policy should also serve as a standard for other Town officials, whether elected or appointed, paid or volunteer in their day-to-day service to the Town. CONDUCT WITH ONE ANOTHER The Board of Trustees is composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Embracing this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even as Trustees may "agree to disagree" on contentious issues. IN PUBLIC MEETINGS Practice civility, professionalism and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. This does not, however, allow Trustees to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. Trustees should conduct themselves in a professional manner at all times. Demonstrate effective problem-solving approaches. Trustees have a public obligation to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. Be punctual and keep comments relative to topics discussed. Trustees have made a commitment to attend meetings and partake in discussions. Therefore, it is important that Trustees be punctual and that meetings start on time. Be respectful of other people’s time. Prepare for meetings in advance, and be familiar with issues on the agenda. Stay focused and act efficiently during public meetings. It is equally important that discussions on issues be relative to the topic at hand to allow adequate time to fully discuss scheduled issues. Avoid expressing opinions during Public Hearings. Trustees should not express opinions during the public hearing portion of the meeting except to ask pertinent questions of the speaker or staff. "I think" and "I feel" comments by Trustees are not appropriate until after the close of the public hearing. Trustees should refrain from arguing or debating with the public during a public hearing and shall always show respect for different points of view. DDDRRRAAAFFFTTT 999///000999///222000111444 2 Respect the role of the Mayor or Committee Chairpersons in maintaining order. It is the responsibility of the Mayor to keep the comments of Trustees on track during public meetings. Trustees should honor efforts by the Mayor to focus discussion on current agenda items. If there is disagreement about the agenda or the Mayor’s actions, those objections should be voiced politely and with reason. IN PRIVATE COMUNNICATIONS Continue respectful behavior in private. The same level of respect and consideration of differing points of view that is deemed appropriate for public discussions should be maintained in private conversations. Be aware of the insecurity of written notes, voicemail messages, and e-mail. Technology allows words written or said without much forethought to be distributed wide and far. Would you feel comfortable to have this note faxed to others? How would you feel if this voicemail message was played on a speakerphone in a full office? What would happen if this e-mail message was forwarded to others? Written notes, voicemail messages and e-mail should be treated as "public" communication. Even private conversations can have a public presence. Elected officials are always on display. People around them that they may not know monitor their actions, mannerisms, and language. Lunch table conversations will be eavesdropped upon, parking lot debates will be watched, and casual comments between individuals before and after public meetings noted. TRUSTEE CONDUCT WITH TOWN STAFF Board prioritization of Staff projects. It is the responsibility of the Town Board as a whole and not individual Trustees to identify and prioritize projects for the Town Staff. Individual Trustees shall refrain from instructing Staff as to the prioritization of projects identified by the Board. The Town Board, or the Mayor in the absence in Town Board action, shall prioritize Staff projects. Treat all staff as professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable. Limit contact with specific Town staff. Questions of Town staff and/or requests for additional background information should be directed to the Town Administrator. The Town Administrator should be copied on or informed of any request. Requests for follow-up or directions to staff should be made only through the Town Administrator or the Mayor when appropriate. When in doubt about what staff contact is appropriate, Trustees should ask the Town Administrator or Mayor for direction. Materials supplied to Trustees in response to a request will be made available to all Trustees, so that all have equal access to information. Do not disrupt Town staff from their jobs. Trustees should not disrupt Town staff while they are in meetings, on the phone, or engrossed in performing their job functions, in order to have their individual needs met. DDDRRRAAAFFFTTT 999///000999///222000111444 3 Never publicly criticize an individual employee. Trustees should never express concerns about the performance of a Town employee in public, to the employee directly, or to the employee’s supervisor. Comments about staff performance should only be made to the Town Administrator through private correspondence or conversation. Do not get involved in administrative functions. Trustees must not attempt to influence Town staff on making appointments, selecting consultants, processing of development applications, or granting of Town licenses and permits unless the Trustee has been invited to participate in the process. Check with Town staff on correspondence before taking action. Before sending correspondence, Trustees should check with Town staff to see if an official Town response has already been sent or is in progress. Requests for staff support, should be made to the Town Administrator, who is responsible for allocating Town resources in order to maintain a professional, well-run Town government. Do not solicit political support from staff. Trustees should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from Town staff. Town staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace. TRUSTEES CONDUCT WITH THE PUBLIC IN PUBLIC MEETINGS Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual Trustees toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony. Be welcoming to speakers and treat them with care and gentleness. Speaking in front of the Board can be a difficult experience for some people. Some issues the Board undertakes may affect people’s daily lives and homes. Some decisions are emotional. The way that the Trustees treat people during public hearings can do a lot to make them relax or to push their emotions to a higher level of intensity. Be fair and equitable in allocating public hearing time to individual speakers. The Mayor may determine and announce limits on speakers at the start of the public hearing process. If many speakers are anticipated, the Mayor may shorten the time limit and/or ask speakers to limit themselves to new information and points of view not already covered by previous speakers. No speaker will be turned away unless he or she exhibits inappropriate behavior. Each speaker may only speak once during the public hearing unless the Board requests additional clarification later in the process. After the close of the public hearing, no more public testimony will be accepted unless the Mayor reopens the public hearing for a limited and specific purpose. Give the appearance of active listening. It is disconcerting to speakers to have Trustees not look at them when they are speaking. It is fine to look down at documents or to make notes, but reading for a long period of time or gazing around the room gives the appearance of disinterest. DDDRRRAAAFFFTTT 999///000999///222000111444 4 Be aware of facial expressions, especially those that could be interpreted as "smirking," disbelief, anger or boredom. Ask for clarification, but avoid debate and argument with the public. Only the Mayor – not individual Trustees -- can interrupt a speaker during a presentation. However, a Trustee can ask the Mayor for a point of order if the speaker is off the topic or exhibiting behavior or language the Trustee finds disturbing. If speakers become flustered or defensive by Trustees questions, it is the responsibility of the Mayor or Committee Chairperson to calm and focus the speaker and to maintain the order and decorum of the meeting. Questions by Trustees to members of the public testifying should seek to clarify or expand information. It is never appropriate to challenge or belittle the speaker. Trustees’ personal opinions or inclinations about upcoming votes should not be revealed until after the public hearing is closed. No personal attacks of any kind, under any circumstance. Trustees should be aware that their body language and tone of voice, as well as the words they use, could appear to be intimidating or aggressive. IN UNOFFICIAL SETTINGS Make no promises on behalf of the Board. Trustees will frequently be asked to explain a Board action or to give their opinion about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief overview of Town policy and to refer to Town staff for further information. It is inappropriate to overtly or implicitly promise Board action, or to promise that Town staff will do something specific (fix a pothole, waive a fee, plant new flowers in the median, etc.). Make no personal comments about other Trustees. It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other Trustees, their opinions and actions. Remember that Estes Park is a small community at heart. The community is constantly observing Trustees every day that they serve in office. Their behaviors and comments serve as models for proper deportment in the Town of Estes Park. Honesty and respect for the dignity of each individual should be reflected in every word and action taken by Trustees, 24 hours a day, seven days a week. It is a serious and continuous responsibility. BOARD CONDUCT WITH OTHER PUBLIC AGENCIES Be clear about representing the Town or personal interests. If a Trustee appears before another governmental agency or organization to give a statement on an issue, the Trustee must clearly state: 1) if his or her statement reflects personal opinion or is the official stance of the Town; 2) whether this is the majority or minority opinion of the Board. Even if the Trustee is representing his or her own personal opinions, remember that this still may reflect upon the Town as an organization. If a Trustee serves in a decision making capacity for another organization and a matter which the Town has taken an official position is discussed by the organization, the Trustee should not maintain a position that significantly impacts or is detrimental to the Town’s official position. In DDDRRRAAAFFFTTT 999///000999///222000111444 5 the event the Town has not taken an official position with regard to a matter, and in the Trustee’s judgment, the Trustee believes that the Town would take a position substantially different than that proposed to be taken by the organization, the Trustee should consult with the Mayor regarding the Town’s possible position. Correspondence should also be equally clear about representation. CORRESPONDENCE USING TOWN LETTERHEAD: The Town letterhead shall be used only to correspond and represent the Town’s official position on any matter. All official Town correspondence shall be signed by the Mayor or Mayor Pro Tem unless a specific Trustee is authorized by the Town Board to individually respond to a matter and express the Town’s official position. A copy of official correspondence should be given to the Town Clerk to be filed as part of the permanent public record. TRUSTEE CORRESPONDENCE CONCERNING TOWN MATTERS: Trustees may correspond with individuals or organizations on any matter involving the Town. In the event that the Trustee’s personal correspondence expresses a personal opinion that differs from the Town’s official position, the Trustee should make clear that the Trustee’s personal opinion differs from the Town’s official position. TOWN TRUSTEE CONDUCT WITH OTHER BOARDS AND COMMISSIONS The Town has established several Boards and Commissions as a means of increasing community involvement in government and to serve as advisors to the Town Board. They are a valuable resource to the Town’s leadership and should be treated with appreciation and respect. If attending a Board or Commission meeting, be careful to only express personal opinions unless you are authorized to represent the Town Board. Trustees may attend any Board or Commission meeting open to the public, but should be sensitive to the way their participation – especially if it is on behalf of an individual, business or developer -- could be viewed as unfairly affecting the process. Any public comments by a Trustee at a Board or Commission meeting should be clearly made as individual opinion and not a representation of the opinion of the Town Board. Be respectful of diverse opinions. A primary role of the Board or Commission is to provide advice and make decisions based on a full spectrum of concerns and perspectives. Trustees must be fair and respectful of all citizens serving on Boards and Commissions. Inappropriate behavior can lead to removal. Inappropriate behavior by a Trustee should be noted to the Mayor, and the Mayor should counsel the offending member. If inappropriate behavior continues, the Mayor should bring the situation to the attention of the Town Board, and the individual may be subject to removal from the Board. CONDUCT WITH THE MEDIA Trustees may be contacted by the media for background information and quotes. All media contacts should be referred to the PIO. The Mayor is the official spokesperson for the Town Board of Trustees. The Mayor is the designated representative of the Board of Trustees to present and speak on the official Town DDDRRRAAAFFFTTT 999///000999///222000111444 6 position. If the media contacts an individual Trustee, the Trustee should be clear about whether her/his comments represent the official Town position or a personal viewpoint. The best advice for dealing with the media is to never go "off the record." Most members of the media represent the highest levels of journalistic integrity and ethics, and can be trusted to keep their word. But one bad experience can be catastrophic. Words that are not said cannot be quoted. Choose words carefully and cautiously. Comments taken out of context can cause problems. Be especially cautious about humor, sarcasm, or word play. It is never appropriate to use personal slurs or swear words when talking with the media. CONFLICT OF INTEREST   Section 31-4-402 (2) C.R.S. addresses conflict of interest of members of the Board of Trustees as follows: Section 31-4-404 (2) C.R.S. “Any member of the governing body of any city or town who has a personal or private interest in any matter proposed or pending before the governing body shall disclose such interest to the governing body, shall not vote thereon, and shall refrain from the attempt to influence the decisions of the other members of the governing body in voting on the matter.” A personal or private interest for purposes of identifying a conflict of interest by a member of the Board of Trustees is defined as follows: Any substantial financial, property or commercial benefit of any Trustee or any parent, spouse, or child of the Trustee in any matter which will or potentially will require an official action of the Board of Trustees. A Trustee does not have a conflict of interest if the matter involves a similar benefit conferred upon or available to all persons or property similarly situated. Disclosure: A Trustee having a conflict of interest in any matter before the Town Board shall disclose the interest to the Town Board. The Trustee shall not vote or otherwise take any formal action concerning the matter, shall not participate in any executive session concerning the matter, and shall refrain from attempting to influence any other member of the Board of Trustees either in public or private discussion of the matter. Additional State Requirements: The provisions of this section shall be in addition to any applicable conflict of interest provisions of the State Statutes or State Constitution that are at least as restrictive as this section, and shall supersede any such conflict of interest provisions of the State Statutes and/or State Constitution that are less restrictive than this section. DDDRRRAAAFFFTTT 999///000999///222000111444 7 Exception: A member of the Board of Trustees may vote notwithstanding a conflict of interest if the Trustee’s participation is necessary to obtain a quorum or otherwise enable the Board to act if the Trustee complies with the volunteer disclosure provisions of Section 24-18-110 C.R.S. Sanction: Section 31-4-307 C.R.S. provides, by a majority vote of all members of the Board of Trustees, the Mayor and any member of the Board may be removed from office. A violation of this section may be considered by the Board of Trustees as grounds for removal from office pursuant to the procedures set forth in Section 31-4-307 C.R.S. Appearance of Impropriety: A Trustee should consider, but is not required to, excuse themselves from those matters which due to the specific circumstances concerning the matter may appear to members of the public to be a potential conflict of interest thus avoiding the appearance of impropriety. SANCTIONS Inappropriate Staff Behavior. Trustees should refer to the Town Administrator any Town staff that does not follow proper conduct in their dealings with Trustees, other Town staff, or the public. These employees may be disciplined in accordance with standard Town procedures for such actions. Trustees Behavior and Conduct. Trustees who intentionally and repeatedly do not follow proper conduct may be reprimanded or formally censured by the Town Board. Serious infractions of the Code of Conduct could lead to other sanctions as deemed appropriate by the Town Board, including removal from the Board pursuant to Section 31-04-307 CRS.  ___________________________ It all comes down to respect Respect for one another as individuals. . . Respect for the validity of different opinions. . . Respect for the democratic process. . . Respect for the community that we serve. 9/9/14 Board Communications  Response to resident or business concern o Resident calls with concern about behavior on adjoining rental property. o Resident emails Board regarding police issue. o Resident emails Board regarding frustration over potholes in his street  Concept for Board consideration o Board member on own initiative researches issue, and instructs Town Clerk to distribute document information to Board prior to discussion at Board meeting.  Financial report special requests o Board member wants special financial report. o Board member has suggestions for improving financial reports  Conversations outside of regular or study sessions between Trustees. o Board member discusses issue with other Board members either through conversation or email prior to discussing the issue at a Board meeting.  Community Development Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Director Chilcott Chief Building Official Birchfield Date: September 9, 2014 RE: Discuss the Adoption of the Dangerous Building Section of the International Building Code Objective: Inform the Town Board of Trustees of:  The purpose of the International Property Maintenance Code (IPMC); and  Provide an overview of the pros and cons of adopting the code. Obtain direction from the Trustees on whether or not to engage stakeholders in a discussion about adopting the IPMC in 2015. Present Situation: Building Codes Adopted by the Town of Estes Park The International Code Council developed a family of building codes that can be adopted by local communities to regulate building construction, remodel, and maintenance. The family of codes is listed below. In 2011 the Town of Estes Park adopted the 2009 International Codes highlighted in gray, with local amendments. 1. International Building Code 2. International Residential Code for One- and Two-Family Dwellings 3. International Existing Building Code 4. International Fire Code 5. International Plumbing Code 6. International Mechanical Code 7. International Fuel Gas Code 8. International Energy Conservation Code 9. International Property Maintenance Code (Note: Replaced the Uniform Code for the Abatement of Dangerous Buildings) 10. International Zoning Code (Note: The Town has adopted the Estes Valley Development Code, which includes zoning regulations). 11. ICC Performance Code for Buildings and Facilities (Note: Building Official accepts as alternative design, but no one has ever approached the Building Official to request this.) 12. International Wildland-Urban Interface Code (Note: Amendments are within the IBC and IRC) 13. International Private Sewage Disposal Code (Note: Larimer County Health Department regulations) 14. ICC Electrical Administrative Provisions (Note: Administered by the State) 15. International One- and Two-Family Dwelling Code (Note: Adopted IRC) 16. International Model Energy Code (Note: Adopted IECC) 17. International Green Construction Code (Note: Relatively new) 18. International Swimming Pool and Spa Code (Note: Relatively new) Adoption Process to Begin in 2015 In 2015, the Division of Building Safety will propose adopting 2012 I-Codes with local amendments. As with the 2010/2011 adoption process, led by Chief Building Official Birchfield, the 2015 adoption process will involve extensive public outreach to stakeholders, including the local engineers, architects, and contractors, lodging and downtown business associations. Outreach will include review of all Significant Changes from the 2009 to 2012 I-Codes and proposed local code amendments. Stakeholder input will be incorporated into the Chief Building Officials recommended local amendments. International Property Maintenance Code The International Property Maintenance Code is a maintenance code, similar to the International Fire Code. It contains provisions for addressing unsafe structures and equipment. The Town has not adopted this code in prior I-Code adoption cycles. The IPMC is a “maintenance document intended to establish minimum maintenance standards for basic equipment, light, ventilation, heating, sanitation and fire safety. Responsibility is fixed among owners, operators and occupants for code compliance. The IPMC provides for the regulation and safe use of existing structures in the interest of the social and economic welfare of the community” (from 2012 International Property Maintenance Code®) The IPMC establishes regulations for property maintenance as generally described below: 1. Exteriors: Structures must be in good repair, structurally sound, kept in sanitary condition, and capable of preventing the elements and rodents from entering the interior areas. This includes vacant structures. Page 2 of 5 2. Interiors: Requires the interior of a structure and its equipment be maintained so that it does not adversely affect the occupants’ health and safety. It must protect occupants from the exterior environment” (from IPMC Commentary 305.1 General). The IPMC details unsafe conditions to provide code officials with the ability to require replacement or repair, including footing and foundation systems, handrails, guardrails, 3. Rubbish and Pests: Establishes regulations for accumulation of rubbish and garbage, pest elimination. 4. Light, Ventilation, and Occupancy Limitations: Addresses fundamental physiological and psychological needs, protects against accidents, and protects against overcrowding. 5. Public Facilities and Fixture Requirements: Establishes minimum requirements for installation, maintenance, and location of plumbing systems and facilities. 6. Mechanical and Electrical Requirements: Establishes minimum criteria for the installation and maintenance of equipment including, but not limited to heating, air conditions, gas and fuel distribution piping, and fireplaces. The primary object is “to detecting, identify, and abate any condition that is a potential fire or explosion hazard ...” 7. Fire Safety Requirements: Establishes minimum requirements for fire safety facilities and fire protection systems. History The Town Board adopted Uniform Code for Abatement of Dangerous Buildings (UCADB) through 2004. This code was more limited in scope than the IPMC and primarily addressed imminent threats. The International Property Maintenance Code (IPMC) is the replacement code for the UCADB. In 2005, the Town transitioned from the 1997 Uniform Building Codes to the 2003 International Codes; a huge transition for the Town and the first time the Town adopted the International Existing Building Code and the International Energy Conservation Code. During this adoption process staff was directed by the Town Board to not pursue adoption of the International Property Maintenance Code. During the 2010/2011 adoption process for the 2009 I-Codes, the Town Board adopted of the 2009 International Fire Code along with many significant changes to other 2009 I- Codes. At that time, staff chose to not recommend adoption of the 2009 IPMC. Page 3 of 5 Proposal: Staff requests direction from the Trustees about whether or not to engage stakeholders in a discussion about adopting the International Property Maintenance Code during the 2015 adoption process for the 2012 I-Codes, with local amendments. If the Trustees direct staff to engage stakeholders, staff will ask stakeholders what they perceive to be the pros and cons of the IPMC and what local amendments would be necessary in order for stakeholders to support adoption of the IPMC. Staff would research pros and cons of the IPMC in detail and present them to the Trustees along with a recommendation of whether or not to adopt the IPMC. Advantages: Allows staff to proactively address unsafe situations. Disadvantages: Adoption of this code would give the building official more authority/discretion than the Existing Building Code. It is a maintenance code, similar to the Fire Code. Some consider this a con. The primary difference between the property maintenance code, and the building code and existing building code is the standard required before the building official has authority to act. With the building code and the existing building code, a safety issue has to be determined an imminent danger before the building official can take action. In the property maintenance code the building official is authorized take action whenever he or she determines there is an unsafe condition. Specific conditions are detailed within the code. The standards for action in the IBC is cited below. International Building Code Section 116.1 Unsafe Structures and Equipment. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deem ed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deeded unsafe. “. . . unsafe structures are defined as buildings or structures that are insanitary; deficient in light and ventilation or adequate exit facilities; constitute a fire hazard; or are otherwise dangerous to human life.” Legal issues. If the Town adopts this code, the Town will be required to initiate a maintenance inspection program. Staff will need to evaluate if there are liability issues we need to be aware of with this code. Page 4 of 5 Staffing levels. At a minimum, responses to complaints will be required. Some jurisdictions use this code to establish routine inspections of residential rental units. Care will be necessary to avoid getting caught up in tenant landlord disputes. Action Recommended: Staff recommends that consideration of the International Property Maintenance Code occur at the same time as adoption of the other 2012 I-Codes. A tentative timeline for outreach/adoption of the 2012 I-Codes, with local amendments, is below: January 2015: Report on work schedule to CD/CS Committee April 2015: Status Report to CD/CS Committee July 2015: Status Report to CD/CS Committee Oct/Nov 2015: Review and Adoption of 2012 I-Codes with Local Amendments by Town Board Throughout the adoption process the Chief Building Official with hold meetings with various stakeholder groups. Budget: Typically, there is no income associated adoption, administration, and enforcement of the IPMC. Expenses associated with administration of the IPMC include publication fees and purchase of new code books and may include the need to fund addition staff to ensure adequate administration and enforcement. Level of Public Interest Staff expects the level of public interest to be very high. Attachments: Overview of Adopted Building Codes Page 5 of 5 OVERVIEW 2009 INTERNATIONAL CODES ADOPTED BY THE TOWN OF ESTES PARK WITH LOCAL AMENDMENTS In service to the Town of Estes Park, the Chief Building Official in the Division of Building Safety currently administers seven construction codes promulgated by the International Code Council (ICC). While each of these codes can be used as a stand- along code for its specific scope, the International Codes perform best when used collectively. The International Codes are the predominant set of companion construction codes in the nation, in the State, and in the region. These codes are revised, updated and republished every three years. International Building Code (IBC)  Regulates new construction, except for one and two family dwellings  May be used as a stand-alone code; as, it adopted most of the other International Codes by reference. International Existing Building Code (IEBC)  Regulates construction (e.g. remodel) in existing buildings (except existing one and two family dwellings).  Allows more flexibility than IBC for construction within existing buildings.  Is compatible with all of the International Codes and references specific sections of them. International Residential Code (IRC)  Regulates all construction in one and two family dwellings, whether new construction or remodel.  The International Residential Code does not adopt other International Codes by reference; it is compatible with all of the International Code and references specific sections of other codes. International Fuel Gas Code (IFGC)  Regulates natural gas.  The International Fuel Gas Code is adopted, as amended by the Estes Valley Fire Protection District. September 9, 2014 Page 1 of 2 International Plumbing Code (IPC)  Regulates potable water and sanitary facilities.  The International Plumbing Code (IPC), the IFGC, and IFM, provide minimum requirements for structures regulated by the IBC and IEBC. Specific sections of these codes are included in the IRC International Mechanical Code (IMC)  Regulated mechanical equipment such as Heating, Ventilation, and Air Conditioning (HVAC) equipment. National Electrical Code (NEC) – Administered by the State The National Electric Code (NEC) is adopted by the Town by reference, as amended by the State Department of Regulatory Agencies (DORA). The National Fire Protection Agency standard (NPFA 70) is the National Electrical Code. International Fire Code (IFC) – Administered by the Fire Protection District The International Fire Code is adopted by the Town by reference, as amended by the Estes Valley Fire Protection District. The Fire Code is administered by the Estes Valley Fire Protection District. September 9, 2014 Page 2 of 2