May 17, 2004 minutes
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MEMBERS PRESENT: |
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Tom Patchen, Bryan Wyatt, Lynn Barrington, Jim Sparkes |
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MEMBERS ABSENT: |
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Frank Estrada |
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STAFF PRESENT: |
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Barry Walthall, Tim Pinnick |
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EX-OFFICIO: |
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Patrick O’Brien |
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Meeting called to order at 6:32 p.m.
After review of the November 17, 2003 minutes, Wyatt moved to approve the minutes as written. Barrington seconded. Passed 3-0. Sparkes abstained for he was not a member of the board at that time.
Chairman: Wyatt nominated Sparkes, Patchen seconded. Pass 3-0.
Vice-Chairman: Wyatt nominated Barrington, Patchen seconded. Pass 3-0.
Sparkes was recognized as new board member and Chairman.
Barrington asked that his request concerning air conditioner changeouts self-inspection program that City of Topeka has implemented be placed on a future agenda for further discussion. He stated that staff’s response was to monitor Topeka’s program for consideration in Lawrence. He requested that staff follow up and report back to the board on how the program is working for Topeka. Wyatt suggested placing on next agenda for further discussion on the item and receive report from staff on the progress on the program. No action was taken.
Barrington has a concern regarding the attendance record of Member Frank Estrada. He stated that with all the reviews that are coming up it would be more difficult to have a full meeting if Mr. Estrada is absent. He understands that he is away a majority of the summer. Wyatt stated that Mr. Estrada had made known to the Mayor at his appointment that he would be absent each summer and at that time there was not much concern. Staff member Barry Walthall stated that he had been in conversation with assistant City Manager Dave Corliss. Mr. Corliss told Walthall that City staff has no authority to ask a board member to vacate the position. Wathall continued that Mr. Corliss recommended that staff have the board chairman have a talk with Mr. Estrada and find out what his intentions are and if he would be interested in resigning his position. If he did not want to resign voluntarily, there would not be much anyone could do. Walthall stated that another alternative would be to establish by-laws and address the attendance issue in the by-laws. Wyatt stated that since it was on a voluntary basis that the board probably did not need to take a measure such as establishing by-laws. Sparkes mentioned sending a letter to Mr. Estrada, but Wyatt said that the respectful thing to do would be to visit with Mr. Estrada the concerns another board member had with his attendance. Walthall echoed Wyatt’s suggestion to the board that since the position is on a voluntary basis that the matter should be handled with the utmost respect to Mr. Estrada. The board took no action.
Wyatt stated he was holding a memo from Mayor Mike Rundle concerning the agenda that staff member Victor Torres sent to the board members on looking at the International(Codes). Wyatt paraphrased the memo that basically the boards can decide on comparison of the International, in Victor’s memo he is saying the board can only look at the International Code. Wyatt stated that during the Commission meeting, he didn’t hear it that way, and looking at the minutes, it’s not addressed that way. For clarification on that, he (Rundle) has addressed a memo. Wyatt stated that the memo stated that the boards can decide what is best for Lawrence that we don’t have to just look at the International by itself, we can compare, if we choose, other codes. He knows that the IAPMO people are here. Wyatt suggested that if the board decides to, to let them speak and maybe look at the International and the Uniform and decide for ourselves what is best. Wyatt stated again that the memo lays out that the board has the authority to look at which code is best and decide and make a recommendation. Wyatt said that he also had the minutes from the Commission meeting stating that the board did not have to look at just the International. He would like to hear from the IAPMO people and consider the International and the Uniform Codes side by side.
Walthall addressed the board and stated that the issue between the International and Uniform code is not before the board tonight. Walthall respectfully requested that the board follow the agenda and begin review of the 2003 IRC, the other three trade boards are proceeding with the review of the 2003 IRC.
Wyatt asked Walthall if he was saying that the board has to only look at the International Code? Wyatt stated that the memo from the Mayor said that the board could get a direction from the Commission if necessary. Wyatt continued to say that he didn’t feel that it was staff’s right to tell this board what they can and can’t do. The board determines which is best for the trade and for the citizens of Lawrence. Wyatt said that he didn’t feel it was appropriate for staff to tell the board what they can and can’t take a look at. Wyatt stated that he was trying to be fair to both the International and the Uniform codes.
Walthall replied that he had not seen the letter from the Mayor, but was familiar with the minutes of the Commission meeting. The motion that was made and approved by the Commission that the International codes were designated for review and Staff has proceeded from that direction. The initial step is to review the 2003 IRC and Staff would like for the board to start with the IRC. Walthall stated that it is not a matter of who tells who what to do and it is not Staff’s interest to get into a contest with the board about who does what, it is not productive.
Wyatt proceeded to read from minutes of the Commission meeting that pertained to the direction that the Commission was giving to the boards. Wyatt then reiterated that to him the Commission minutes are saying the board can take a look at it(Uniform Code) and he also has a clarification from the Mayor because of Victors letter after the fact that says different. Wyatt suggested that Walthall take a look at the letter that way there is not a fight or an argument. Walthall replied that there was not going to be a fight. Wyatt stated that he didn’t want to proceed if they don’t have the right to determine which way this board goes.
Barrington opined that he thought that there were two issues that are unfortunately hand in hand. The one concern is that the building trade in Lawrence does not have a current up to date code in place and they are trying to accomplish that. Staff and the Code Review Board are requesting that we look at the 2003 IRC. Barrington stated his concern is that within the code also have mechanical issues in it that strictly pertain to the International Code. If the board’s recommendation were to stay with the Uniform Code, it would be difficult to adopt anything out of the mechanical portion of the IRC. He doesn’t know how the board can look at the IRC without looking at the full code ahead of time.
Wyatt stated that the Code Review Board did not look at any technical issues it was only looking at the organizations. His concern as a tradesman he would like to get a code determination or a question he can call IAPMO and get an interpretation even though it is still ultimately up to the code officials. Wyatt stated that he couldn’t do that with the International. The International is membership driven; a tradesman has to go through the code official to get a determination. Wyatt stated that that is wrong and the citizens of Lawrence deserve better than that. Until that issue can be cleared up he has a problem with the International. There have been no problems in the Mechanical trade with the Uniform Code.
Walthall stated that the NFPA 5000 references the IRC for their residential code. The function of the City is to get a residential code adopted. The city of Lawrence is moving toward a contractor-licensing program and needs a current code to work from. Walthall addressed Wyatt’s concern of contacting the organizations and stated that the ICC is working toward a more accessible system for anybody to be able to contact them.
Wyatt responded by saying that there was nothing in writing stating that it would be implemented in that fashion and even if it was that way, he still has a concern about the voting of the organization and stated that ICC allows only building officials to vote on code changes. IAPMO allows all members to vote on code changes. Wyatt stated that if Staff was directing that the board has no option but to look at the International, he disagreed strongly.
Walthall stated that Staff was not directing the board to do anything, that Staff was only interpreting what the City Commission had directed. Walthall requested that the board begin with the review of the IRC and that after that review to make the comparison between the International and the Uniform at that time.
Barrington has a concern that if the board reviews the IRC first and recommends adoption, then the International code is locked in and there may be no point in reviewing the Uniform.
Alan Inlow of IAPMO addressed the board and asked the board for consideration in reviewing the Uniform in conjunction with the International. Mr. Inlow stated that although the NFPA references the IRC for one and two family dwellings, the International Building Code makes over 700 references to NFPA but in no way is it endorsing the NFPA. Mr. Inlow stated that in the IAPMO organization that every person in the organization has a voice in the voting of code changes. He also stated that the ICC will take a code change suggestion into account but once it is submitted the person that made the suggestion has no other voice in the matter. Mr. Inlow stated that with the International Mechanical Code that there were multiple books to work from, and with the Uniform Mechanical Code there was only one book to work out of. Mr. Inlow handed out several documents including a comparison of the Uniform and International codes and an analysis of changes from the 2000 and 2003 Uniform Mechanical Codes.
Sparkes asked Mr. Inlow which code he thought was more restrictive between the two codes. Mr. Inlow responded that he thought the Uniform code was stricter.
Ken Christianson from IAPMO stated that the reference NFPA makes to the IRC is for light-frame construction and that the IRC was one of five references that were used.
There was one other member of the public at the meeting but had no comments to provide.
Wyatt made a motion to table the review of IRC and that prior to review to do a side-by-side comparison of the IMC and the UMC. Seconded by Barrington. Pass 4-0.
Motion to adjourn made by Member Wyatt, seconded by Member Patchen, passed 4-0. Meeting adjourned at 7:45 p.m.