HomeMy WebLinkAboutAgenda - 05-16-2000-8hORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 16, 2000
Action Agend
Item No. ~_
SUBJECT: Agreement Renewal -- Town of Hillsborou4h Fire Inspections
DEPARTMENT: Emergency Management PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Agreement Nick Waters, ext 3030
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 33fi-227-2031
PURPOSE: To consider renewing the existing agreement between Orange County and the
Town of Hillsborough, whereby County personnel perform certain 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 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 arrangement began with the County performing all the Town's inspections. During the past
two years, the number of inspections the County performs on the Town's behalf has dropped
dramatically. Under the proposed contract renewal, County Staff will perform only Level III
inspections, which number about 32 annually in the Town's jurisdiction. The Town's inspector
is certified to perform Level I and Level II Fire Inspections that comprise the overwhelming
majority of the inspections in the Town. Within the Town's jurisdiction, the total number of Level
I facilities exceeds 350 and the approximate total number of Level II facilities is 70.
For FY 2000-01, the agreement with the Town is for the County to continue performing Level I I I
Fire Inspections, as well as retaining inspection authority for county owned facilities, schools,
Department of Social Services facilities, and continuing participation in and approving building
plans, as part of the County's Plans Review process. The renewal agreement also clarifies that
enforcement responsibility and accompanying liability for Level I and II inspections rests with the
Town.
FINANCIAL IMPACT: The hre inspection agreement with Hillsborough provides no net financial
gain for the County, as revenue offsets the County's expenses in performing inspections.
During the period July 1999 through April 2000, the County has received approximately $4,800
in revenue from the Town of Hillsborough for Level II and III fire inspections performed.
Anticipated revenues in FY2000-01 from Hillsborough is expected to be approximately $3,300
to $4,900 (depending on the number of reinspections required) due to the lower number of
inspections (Level III only) that will be performed. However, there should be little impact on
overall County revenue as inspections 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.
3
NORTH CAROLINA
ORANGE COUNTY
This AGREEMENT, made and entered into this the day of , _~ 2000, by and between
Orange County (hereinafter referred to as "Count}') 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 Carolina pursuant to the authority contained in Article 128 of Chapter
153A and Article 20 of Chapter 160A of the North Carolina General Statutes.
WHEREAS, an agreement was made and entered into as of the 15` 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 Tvwn 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 far Leyel_Three fire safety. inspections, which i5 for approximately 32 (thirt~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, for 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 aze 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.
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 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 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, and the Town inspector will
participate in Level One and Level Two plans review. _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 maybe enacted from time to time by County
to enforce a program 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 liabili for
inspections and enforcement in accordance with the North Carolina Fire Prevention Code 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. The Town Fire Ins ector will not artici 'ate in an Level
Three fire ins ections ind endent of the Coun .
$. 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, 2001. It ma,, _ b~e_revised and/or
renewed beyond that date, if mutually a„gi'eed upon by both the County and the Town. This_ agreement
maybe terminated by either Harty by giving 90 (ninety days written notice.
IN WITNESS WHEREOF, the undersigned do hereby cause this agreement to be executed this
day of , 2000.
FOR AND ON BEHALF OF
ORANGE COUNTY
Moses Carey, Chair
ATTEST:
BY: Clerk to the Board
FOR AND ON BEHALF OF THE
TOWN OF HILLSBOROUGH
Horace H. Johnson, Mayor
ATTEST:
BY: Town Clerk