Loading...
HomeMy WebLinkAboutAgenda - 09-15-1998 - 8fORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 15, 1998 Action Agenda Item No. Q- F SUBJECT: Renewal Agreement -Town of Hillsborough Fire Inspections DEPARTMENT: Emergency Management PUBLIC HEARING: (Y/1~ BUDGET AMENDMENT: (Y/l~ ATTACHMENT(S): Renewal Agreement INFORMATION CONTACT: Nick Waters, ext 3030 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 227-2031 PURPOSE: To consider modifying and renewing the existing agreement between Orange County and the Town of Hillsborough, whereby County personnel perform State mandated fire inspections on behalf of the Town. BACKGROUND: In November, 1993, Orange County and the Town of Hillsborough entered into an agreement that provided for county fire inspectors to conduct State mandated fire inspections of facilities in the Town's jurisdiction that are subject to periodic inspection. The Town has paid the County for performance of those inspections against invoices prepared in accordance with the County's fee schedule for fire inspections. In discussions in May 1996, the County and Town agreed to continue this arrangement through June 1997. The intent was for the Town of Hillsborough to take on its own fire inspections as of July 1, 1997. The Town was unsuccessful in making arrangements to provide for its own fire inspections program at that point, and the Town and County signed a revised agreement in June 1997 to cover fiscal year 1997- 98. The Town fire inspector, who has worked with and under the supervision of the County's inspectors for the past year, has obtained State Certification at Level I Fire Inspector. The Town therefore now has the ability to perform Level I Fire Inspections, independent from the County. That will greatly reduce the workload on County staff, since the majority of the inspections (approximately 80%) in the Town are Level I. The approximate total number of Level I facilities is 355 (three hundred fifty five) and the approximate combined total number of Level II and III facilities is 89 (eighty nine). The major provisions of the renewal agreement with the Town include: • the County will continue to perform Level II and Level III fire inspections, as well as retaining inspection authority for County owned facilities, schools, and Department of Social Services facilities • the County will continue to review and approve building plans, as part of the County's Plans Review process • the County will continue to invoice the Town for Level II and Level III inspections it performs, in accordance with the County's adopted fee schedule • the Town will assume fire code enforcement responsibility for the facilities it inspects, and the County will retain fire code enforcement responsibilities for Level II and Level III facilities • the agreement will be subject to annual review and renewal with the intent that the Town will assume all fire inspection responsibilities assoon asthe required certifications have been attained by Town staff RECOMMENDATION(S): The Manager recommends that the Board approve the amended agreement, subject to final review by the County Attorney, and authorize the Chair to sign. NORTH CAROLINA ORANGE COUNTY This AGREEMENT, made and entered into this the 15th day of September, 1998, by and between Orange County (hereinafter referred to as "County") and the Town of Hillsborough (hereinafter referred to as "Town"), to provide for periodic fire safety inspections of facilities within Town's jurisdiction as mandated by the State of North Cazolina pursuant to the authority contained in Article 128 of Chapter 153A and Article 20 of Chapter 160A of the North Cazolina General Statutes. WHEREAS, an agreement was made and entered into as of the 1st day of November, 1993, by and between the County and the Town, whereby the County performed State mandated fire inspections of facilities within the jurisdiction of the Town, and WHEREAS, the Town is ready to assume the duties of performing fire inspections of the Level One facilities within its jurisdiction, and WHEREAS, it is the desire of the County and the Town to continue an agreement for the provision of required fire safety inspections by County employees of facilities within the jurisdiction of the Town, that require Level Two and Level Three fire safety inspections, NOW THEREFORE, for and in consideration of the mutual terms and agreements hereinafter set forth, the County and the Town do agree as follows: 1. County will carry out, or cause to be carried out, within Town's jurisdiction the minimum schedule of inspections required to be performed by local governments pursuant to Section 107, Volume V of the North Carolina Fire Prevention Code, for Level Tw® and Level Three subject facilities. The Town Level One Certified Inspector will perform inspections for Level One subject facilities. 2. Appropriate officials of the County and Town shall continue to work together to produce a schedule that identifies buildings, structures, and premises which are of priority for inspections within Town's jurisdiction. 3. County Fire Mazshal will submit within five working days of the end of each month a copy of each fire safety inspection performed within Town's jurisdiction during that month to the Town's Code Enforcement Officer. During joint inspections conducted during training of Town staff, a copy of inspection reports will be submitted to Town staff at the conclusion of each joint inspection. 4. County Finance Office will invoice Town monthly for all inspections performed by the County during the prior month. Town will reimburse County for cost of all inspections performed by County, except as provided below, within ten working days of invoice in accordance with the current fee schedule adopted by the Boazd of County Commissioners. Source of payment and method for billing for inspections under this agreement shall be at Town's discretion and shall, in no way, be or become a responsibility of County. 5. County will inspect all public school facilities within County's and Town's jurisdictions and all facilities owned by County or licensed by the Department of Social Services as caze facilities within Town's jurisdiction. County shall not invoice Town for such inspections. The County will perform plans review in conjunction with the Orange County Planning Department, until the Town Inspector obtains the minimal certification required for the Level of facilities to be reviewed. A minimum of Level Two certification is required for Level One and Level Two Plans Review; and a Level Three certification is required for Level Three Plans Review. 6. In order to ensure conformity in inspections performed by County within Town's jurisdiction, Town will adopt all ordinances, codes, regulations and the like that may be enacted from time to time by County to enforce a program of fire safety and prevention. 7. County will conduct re-inspections of Level Two and Level Three facilities that fail to comply fully with the provisions of the North Carolina Fire Prevention Cods, and will retain enforcement authority regarding such facilities that fail to comply after repeat inspections, including the exercise of civil or criminal action. The County will provide inspection, enforcement, and have full responsibility for its own facilities that are in the Town and in the Town's extraterritorial jurisdiction. The Town has assumed responsibility for inspections and enforcement in accordance with the North Cazolina Fire Prevention Code for all Level One facilities inspected by the Town's staff. The County will provide preceptorship for the Town's fire inspection personnel for the purpose of assisting such personnel in attaining State certification for Level Two and Level Three fire inspections. 8. Nothing in this agreement shall prevent appropriate Town agencies or personnel from assisting in the enforcement of the North Carolina Fire Prevention Code and in detecting and reporting such violations as they deem necessary. 9. This agreement will be in effect through the period ending June 30, 1999. It may be revised and/or renewed beyond that date, if mutually agreed upon by both the County and the Town. IN WITNESS WHEREOF, the undersigned do hereby cause this agreement to be executed this day of , 1998. FOR AND ON BEHALF OF THE TOWN OF HILLSBOROUGH Horace H. Johnson, Mayor ATTEST: BY: Town Clerk FOR AND ON BEHALF OF ORANGE COUNTY Mazgazet W. Brown, Chair ATTEST: BY: Clerk to the Board