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Home My WebLink About2012-02-15 PACKET 04.K.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # Lj DATE 2/15/2012 PREPARED BY Community Development Robin Roland ORIGINATING DEPARTMENT DEPARTMENT HEAD COUNCIL ACTION REQUEST Consider authorizing an amendment to the Building Inspection and Code Enforcement Services Agreement with Denmark Township. STAFF RECOMMENDATION Authorize the amendment. This amendment would extend the building inspection services provided by the City of Cottage Grove to electrical inspections and permits, and certificates of compliance for agricultural buildings. SUPPORTING DOCUMENTS ❑ MEMO /LETTER: ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Amendment to Service Agreement; proposed Denmark Township Ordinance. ADMINISTRATORS COMMENTS City Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Document3 CITY OF COTTAGE GROVE AND DENMARK TOWNSHIP AMENDMENT TO THE BUILDING INSPECTION AND CODE ENFORCEMENT SERVICES AGREEMENT The City of Cottage Grove ( "Cottage Grove ") and Denmark Township ( "Denmark ") hereby agree to arnend the `Building Inspection and Code Enforcement Services Agreement" entered into between the parties effective as of July 1, 2010 ( "Agreement") to include the following understandings, which shall be considered part of the Agreement effective as of the 15' day of February, 2012: The services provided by Cottage Grove to Denmark under the Agreement shall be expanded to include the following: 1. Electrical Permits and Inspections Cottage Grove shall provide for, through its contracted electrical inspector, electrical inspections and issuance of electrical permits within Denmark after the effective date of Denmark's ordinance amending the Denmark Township Development Code ( "Denmark Code ") to provide for local electrical inspections and permitting. a. Notwithstanding anything to the contrary in the Agreement, Cottage Grove shall retain 25% of the fees collected for such electrical inspections and permits for administering such activities (including issuing electrical permits), and the electrical inspector shall retain 75% of such fees consistent with Cottage Grove's agreement with the electrical inspector. b. Cottage Grove shall ensure electrical inspections are only conducted by an electrical inspector properly licensed to perform such inspections under state law. c. Denmark will adopt the same electrical inspection and permitting fees as Cottage Grove. d. Cottage Grove's electrical inspector shall be considered the "Township electrical inspector" for the purposes of the Denmark Code. However, Cottage Grove shall be responsible for managing its agreement with the electrical inspector as Denmark will not be contracting with or employing the electrical inspector directly. 2. Certificates of Compliance for Agricultural Buildings The Cottage Grove shall perform site inspections and issue certificates of compliance for agricultural buildings to the extent required by the Denmark Code and upon Denmark's request for such services. Cottage Grove will charge Denmark a flat fee of $75 per certificate of compliance. 397075v2 TJG DE325 -50 The parties have adopted this amendment to the Agreement as of the day and year first written above. CITY OF COTTAGE GROVE Approved on: By: Its Mayor By: Its Administrator DENMARK TOWNSHIP Approved on: By: Its Chairperson By: Its Clerk =Treasurer 397075v2 TIG DE325 -50 DENMARK TOWNSHIP WASHINGTON COUNTY, MINNESOTA Ordinance No. 2012- AN ORDINANCE AMENDING THE DENMARK TOWNSHIP DEVELOPMENT CODE REGARDING ELECTRIC PERMITS AND INSPECTIONS The Board of Supervisors of the Town of Denmark ordains: Article I. Electrical Permits and Inspections Chapter One, Section 13 of the Denmark Township Development Code is hereby amended by adding a new Section 13.2 as follows and renumbering the remaining sections accordingly: 13.2 Electrical Permits and Inspections (1) No electrical equipment shall be installed within or on any building, structure, premises, or lot, nor shall any alteration or addition be made in any such existing electrical equipment, without first obtaining an electrical permit from the Township electrical inspector. Electrical installations and electrical work requiring issuance of an electrical permit from, and an electrical inspection by, the Township shall be to the same extent as required by Minn. Star. § 3268.36 if the Commissioner of the Department of Labor and Industry was responsible for issuing electrical permits and conducting electrical inspections in the Township. Work exempt from having to obtain an electrical permit under Minn. Stat. § 326B.36, Minn. Stat. § 326B.38, or other applicable law is also exempt from having to obtain an electrical permit under this Ordinance. (2) An inspection by the Township electrical inspector shall be required of electrical equipment installed pursuant to an electrical permit. All such inspections shall be conducted in accordance with state law and shall be done to determine compliance with accepted standards of construction for safety to life and property. (3) The installation of electrical equipment shall be in accordance with the electrical code adopted by the State of Minnesota in Minn. R., part 1315.0200 and incorporated into the Minnesota State Building Code by reference, and only upon issuance of an electrical permit by the Township unless the work is exempt. The person making the installation shall notify the Township electrical inspector when the installation is complete and ready for inspection. The Township electrical inspector shall then, within a reasonable period of time, conduct an inspection of the installation. If the Township electrical inspector determines the installation is in conformance with the applicable standards, he or she shall issue a 396857v2 TJG DE325 -13 certificate of approval to the installer. If a certificate of approval authorizes the connection and use of a temporary installation, such certificate shall expire on the date and at the time indicated on the certificate and shall be revocable earlier by the Township electrical inspector for cause. (4) If the electrical equipment being installed is to be hidden from view by the permanent placement of parts of the building, the person installing the equipment shall notify the Township electrical inspector and no portion of the electrical equipment shall be covered until inspected and approved by the Township electrical inspector. The Township electrical inspector may require the removal of any materials covering any portion of electrical equipment that was not inspected and found conforming before it was covered. (5) The Township electrical inspector shall be responsible for conducting electrical inspections and issuing certificates of approval, shall be a licensed master or journeyman electrician as required by state law, and shall not otherwise engage or be employed in the sale, installing, altering, or repairing of electrical wiling, apparatus, or equipment for light, heat power, and other purposes and shall not have a financial interest in any concern engaged in any such business. The Township may obtain the services of a licensed electrical inspector by contract directly with the inspector or obtain inspection services by contract with another local unit of government that employs or contracts with a licensed electrical inspector. (6) The Township shall issue electrical permits. Such permits will be issued either directly by the Township or by another local unit of government pursuant to a contract on the Township's behalf. (7) The Township electrical inspector shall have a right during reasonable hours to enter any building or premises in the discharge of his or her official duties including, but not limited to, to inspect, re- inspect, or test electrical equipment or its installation. If the Township electrical inspector determines that any electrical equipment is dangerous to persons or property because it is defective or defectively installed, the person responsible for the electrical equipment shall be notified in writing and shall make any changes or repairs required in the judgment of the Township electrical inspector to place such equipment in a safe condition. If such corrective work is not completed within 15 days of the notice, or any longer period specified by the Township electrical inspector in the notice, the Township electrical inspector shall have the authority to disconnect or order the discontinuance of electric service to such electrical equipment. The Township electrical inspector shall have the authority to immediately disconnect any electrical equipment in cases of emergency, 396857v2 TJG DE325 -13 2 when necessary to protect the safety of persons or property, or when the electrical equipment interferes with the work of the fire department. (8) For the purposes of this section, the term "electrical equipment" shall mean electrical conductors, fittings, devices, and fixtures. Article 11. Fee Schedule The Denmark Township Fee Schedule is hereby amended by adopting by reference, and incorporating therein, the electrical permit fees adopted by the City of Cottage Grove. This adoption by reference includes any subsequent amendments the City of Cottage Grove may make to the electrical fees without requiring separate action by the Town Board. The Clerk/Treasurer is hereby authorized and directed to insert a reference to the Cottage Grove electrical permit fees in the Denmark Township Fee Schedule. Article III. Incorporate Amendments The Town Clerk/Treasurer and Town Attorney are hereby authorized and directed to incorporate the amendments made herein to the Denmark Township Development Code to produce an updated version of the Development Code that will serve as the official copy of the Denmark Township Development Code. The Town Clerk/Treasurer shall maintain a copy of the updated Development Code in the office of the Clerk/Treasurer and shall post a copy on the Township's website. Article IV. Effective Date This ordinance shall be effective at 12:01 a.m. on March 15, 2012. Adopted on the day of 2012. BY THE TOWN BOARD Kathleen A. Higgins, Chairperson Becky Herman, Clerk- Treasurer 396857v2 TJG DE325 -13