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HomeMy WebLinkAboutAgenda - 06-19-2001-8k~~ ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 19, 2001 Action Age da Item No. SUBJECT: Agreement Renewal -Town of Hillsborough Fire Inspections __ DEPARTMENT: Emergency Management PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Nick Waters, ext 3030 Agreement Mike Ta , ext 3030 TELEPHONE NUMBERS: Hillsborough 732-$181 Chapel Hill 968501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider modifying and renewing the existing agreement between Orange County and the Town of Hillsborough, whereby County personnel perform certain mandated fire inspections on behalf of the Town. BACKGROUND: In November 1993, Orange County and the Town of Hillsborough entered into an agreement that provides 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 pays the county for performance of those inspections against invoices prepared in accordance with the County's fee schedule for fire inspections. The agreement began with the County performing all the Town's inspections. During the past three years, the number of inspections the County performs on the Town's behalf has dropped due to the Town's inspector receiving state certification. Under the proposed contract renewal, the County staff will perform only Level Three inspections, which number about 32 annually in the Town's jurisdiction. The Town's fire inspector is certi5ed to perfom~ Level One and Level Two fire inspections that comprise the vast majority of the inspections within the Town. Within the Town's jurisdiction, the total number of Level One facilities exceeds 350 and the approximate total number of Level Two facilities is 70. The Town inspector currently holds a probationary Level Three certification which means that the town can conduct Level Three inspections uhder the direction of County staff. The Town inspector should receive Level Three certification during the coming year which would enable the Town to take the inspection program over during 2002-2003 fiscal year. The Town has requested the following modifications to the contract:: 1. The Town Inspector will participate in plans review and corresponding inspections where a Certificate of Occupancy is issued in conjunction with the County. 2. The County will provide preceptorship until such time that all Level Three facilities are inspected within the Town when the Town's inspector receives Level Three Certification. For fiscal year 2001-2002, the agreement with the Town would be for the County to continue performing Level Three fire inspections; as well as retaining inspection authority for county- owned facilities, schools, and Department of Social Services facilities. The County would also continue its participation in approving building plans as part of the County's plans review process. The renewal agreement also clarifies ,that the enforcement responsibility and accompanying liability for Level One and Level Two inspections rests with the Town. 2 FINANCIAL IMPACT: The fire .inspection agreement with the Town provides no net financial gain for the County, as revenue offsets the County's expenses in performing inspections. Anticipated revenue for the Town is expected to be approximately $3,300 to $4,900 (depending on the number of reinspections) due to the number of inspections that will be conducted (Level Three only). There should be little impact on overall County revenue as inspection not performed on Hillsborough's behalf will be conducted on facilities requiring inspection in the County's jurisdiction. RECOMMENDATION(S): The Manager recommends that the Board approve the agreement with the Town of Hillsborough and authorize the Chair to sign it, subject to final, review by the County Attorney and approval of the agreement by the Hillsborough Board of Commissioners. NORTH CAROLINA ORANGE COUNTY This AGREEMENT, made and entered into this the 19th da~of_June. 2001, 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 1 S3A and Article 20 of Chapter 160A of the North Carolina General Statutes. WHEREAS, an agreement was made and entered into as of the 1s` 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 has assumed the duties of performing fire inspections through its Fire Inspector of the Level One and Level Two facilities within the jurisdiction of the Town, and requires assistance and training for Level Three fire safety inspections, which is for approximately 32 (thirty-two) facilities, 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, far Level Three subject facilities. The Town's Level One and Level Two certified inspector shall perform inspections for Level One and Level Two facilities only. 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 Marshal 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. 4. County Finance Office will invoice Town monthly for all inspections performed by the County during the prior month. Town will reimburse County far 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 Board 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 raze facilities within Town's jurisdiction. County shall not invoice Town for such inspections. The Coun,r will perform lans review in con'unction with the Oran a Coun Plaruun D artment and the Town ins ector w' 1 aztici ate all evels of laps review and comes ondin ins ections where a Certificate of ccu arc is issued. This shall 'nclude review of an chan es made to laps after the issuance of a buildin ermit and the issuance of a Certificate of Occu anc A minimum of Level Two certification 4 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 pmgram of fire safety and prevention. , 7. County will conduct routine inspections of facilities that fail'to comply fully with the provisions of the North Carolina Fire Prevention Code, and will retain enforcement authority regarding 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 and liability for inspections and enforcement in accordance with the North Carolina Fire Prevention Cade for all Level One and Level Two 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 Three fire inspections. Preceptorship will continue until_su~h time th all Level Three facilities have been in ected The Town Fire Inspector will not participate in any Level Three fire inspections independent of the County. 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 afire ent will be in effect throu,~h the period ending June _30,_2002.. It maybe revised and/or renewed be and that date, if mutually agreed upon y both the County and the Town. This agreemex~t may be terminated by either party b~giving 90 (ninety) days written notice. IN WITNESS WHEREOF, the undersigned do hereby cause this agreement to be executed this day of , 2001. FOR AND ON BEHALF OF ORANGE COUNTY Stephen H. Halkiotis, Chair Orange County Board of Commissioners ATTEST: Beverly Blythe, Clerk to the Board of Commissioners FOR AND ON BEHALF OF THE TOWN OF HILLSBOROUGH Horace H. Johnson, Mayor ATTEST: BY: Town Clerk 5