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05-711Council File # ��- � `• Resolution # RESOLUTION CITY QF SAINT P.AUL, MINNESOTA Presented Referred To Green Sheet # 3�27461 �1 Committee: Date WfiEREAS, the I,egislarive Code of the Ciry of Saint Paul, Tifle XI, Secflons 85 through 104 — Water Utility ("Water Code") governs the Boazd's staff, Saint Paul Regional Waters Services ("SPRWS") regazding plumbing materials, applicable codes, licenses, inspecrions and other related responsibilities; and WI�REAS, the Water Code, Chapter 91, Section 91.04, Chapter 92 and Chapter 94 provide that water plumbing within the jurisdiction of the Board shall be in wnfomuty with the provisions of the Mivnesota Plumbing Code ("Plumbing Code"), the Water Code and the rules and regulations of the SPRWS, and that all plumbing installations, alterations, repairs and modificarions shall be inspected to assure compliance with the Plumbing Code; and WHEREAS, the Water Code presenfly designates that SPPRWS inspectors shall conduct all interior and exterior installations, alterarions, repaus and tehabilitarions; and WHEREAS, Article 1300.0050 of the Minnesota Rules provides that the Plumbing Code is a part of ffie Minnesota Building Code ("Building Code"); and WHEREAS, Articles 1300.0090 and 1300A ll 0 of the Minnesota Rules establish an enfoccement agency and piovide for the designation of a building official according to Minnesota Statutes 16B.65, who is responsible for enforcing the Building Code within the cotporate boundaries of the City of Saint Paul; and WHEREAS, Article 1300.0110, subpart 5 establishes tUat the building official is responsible for xeceivina applications, issuing pemuts, and n�idug all of the required inspecrions or accepting reports of inspections by approved agencies or individuals to enforce the Building Code; and WHEREAS, the Boazd and the Ciry Lecognize that there ace instances where inspectors of the Ciry's Deparnnent of License, Inspection and Environmental Protection ("LIEP") and inspectors of SPRWS aze at the same residenfial or commercial building to perform their respecriveinspecrions;and WHEREAS, SPRWS and LIEP previously agreed tttat both SPRW S and LIEP inspect4xs aze licensed plumbers and aie qualified to perform interior plumbing inspec6ons on residential and commercial properties; now, therefore, be it RESOLVED, the Council of the City of Saint Paul authorizes the Office of LIEP to enter into the attached agreement with SPRWS. Requested by Department of: � Office of License, Inspections and .� Environmental Protection ,� BY � � D C � �rI-/� E!/ ✓ � Form Appr ed by�ty�torney —r BY � _ �t�-+c... Adopted by Council Adoption Certified By : _� Approved By: _ _ ( Date ��5"t 3 �OC}� Appro e y Mayor �for Coun i L �Council Secretary By: (yiayor: bate �� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet DepartmenUOffiee/council: Date Initiated: �P -��.,;��t Za��-�5 Green Sheet NO: 3027461 CoMact Person & Phone � Deoartrnent SeM To Person I�itiallDate Janeen Rosas 0 icen o ' n nvi on JQ��7��.L�f(� 26690�3 A55ign 1 icense/Ins ectio nvironPro arhmentDirector � Must Be on Council Agenda by (Date): Number Z � A oe � � � � Routing 3 or's Oftice Ma or/Assisfant O�der 4 ounc' �� 5 i Clerk i Clerk Total # of Signature Pages _(Clip NI Locations for Signature) Action Requested: Approval of a Resolution authorizing the City of SainC Paul Office of License, Inspections and Environmental Protection (LIEP) to : entei into an agreexnent with 5aint Paul Regional Water Services (SPRWS) regazding inspectional xesponsibility on various phunbing inspections. Recommendations: Approve (A) or Reject (R); Personal Service Contracts Must Mswer the Foilowing Questions: , Planning Commission �. Has this persoNfirm ever worked under a contrad for this department? . CiB Committee Yes No Civil Service Commission 2. Has this persoNfirm ever been a city employee? Yes No ' � 3. Ooes this personlfirm possess a skill not normally possessed by any � curtent city employee? ' Yes PJo F�cplain all yes answers on separete sheet and attach to green sheet , Initiating Problem, Issues, Opporfunity (Who, What, Whery Where, Why): Because SPRWS is a iegional enrity, council appioval of a Resolution authorizing the attached contract is necessary. Both SPRWS and LEIP conduct various plumbing inspecrions. This is a renewal of an e�cisting contract with minor changes that reduce redundancy and make the end product more customer friendly. � Advantapes If Approved: DisadvantageslfApproved: �� Disadvantages If Not Approved: � �BQPAMh GanfP,P Total Amount of CastlRevenue Budgeted: �� Transaction: Fundinn Source: qctivity Number: Financial Information: (Ezplain) . os-�r1 � AGREEME�iT BE'I'WEEN BOARD OF WATER COMIVIISSIONERS and CITY OF SAINT PAUL This Agreement, dated this 12 day of 3uty, 2005, by and between the BOARD OF WATER CONIlVIISSIONERS OF THE CITY OF SAINT PAUL, a municipal corporation under the laws of the State of Minnesota (the `Boazd"), and the CI1'Y OF SAINT PAIII., MINNESOTA, a home rule charter city under the laws of the State of Minnesota (the "City"). W�REAS, the Legislative Code of the City of 5aint Paul, Tide XI, 3ecrions 85 through 104 — Water Utility ("�Vater Code") govems the Board's staff, Saint Paul Regional Water Services ("SPRWS") regazding plumbing materials, applicable codes, licenses, inspections and other related responsibilities; and WHEREAS, the Water Code, Chapter 91 - Section 91.04, Chapter 92 and Chapter 94 provide that waYer plumbing within the jurisdiction of the Boazd shall be in conformity with the provisions of the Minnesota Plumbing Code ("Plumbing Code"), the Water Code and the rules and regulations of the SPRWS, and tHat all plumbing installations, alterations, repaus and modifications shall be inspected to assure compliance with the Plumbing Code; and WHEREAS, the Water Code presently designates that SPRWS inspectors shall conduct all interior and exterior installations, alterations, repairs and rehabilitations; and WHEREAS, Article 1300.0050 of the Minnesota Rules provides that the Plumbing Code is apart of the Minnesota Building Code ("Building Code"); and WHEREAS, Articles 1300.0090 and 1300A110 of the Minnesota Rules establish an enforcement agency and provide for the designation of abuilding official according to Minnesota Statutes 16B.65, who is responsible for enforcing the Building Code within the corporate boundaries of the City of Saint Paul; and WHEREAS, Article 1300.0110, subpart 5 establishes that the building o�cial is responsible for receiving applications, issuing permits, and making a11 of the required inspections or accepting reports of inspections by approved agencies or individuals to enforce the Building Code; and WHEREAS, the Boazd and the Cify recognize that there aze instances where inspectors of the City's Departrnent of License, Inspecrion and Environmental Inspection ("LIEP") and inspectors of SPRWS are at the same residential or commercial building to perform their respective inspections; and WHEREAS, SPRWS and LIEP previously agreed that both SPRWS and LIEP inspectors aze licensed plumbers and aze qualified to perform interior plumbing inspections on residential and commercial properties. V:�En�neering\CLERICAL�BOARDWgeements�MISC�St_PauI�LIEP_07-12-OS.doc , P3gE 1 Of 5 OS-�1� � NOW,'FHEREFORE, in order to provide efficient inspecrion and enforcement of the Water Code and the Plumbing Code, the Boazd and the City agree to divide responsibilities as follows: Article 1— Responsibilities of LIEP A. LIEP shall be responsible for the following water plumbing pernutting and inspecting situations: 1. Intezior dishibution piping downstream of the water meter on plumbing done as part of building rehabilitations and additions to residential and commercial properties where a plumbing permit is required by LIEP, except an situations where SPRWS deternunes a new water service is required. These shall include, but shall not be limited to, situations where the only existing building component retained in building rehabilitation or addition work is the building foundation. In said sihxations, SPRWS shall be responsible for all plumbing pernutting and inspecUons. 2. Mixed water and waste piping for ttie purpose of code compliance, corrections on non-compliant installations, except for unusually large commercial projects whose inspections sha11 be performed by means mutually agreeable to LIEP and SPRWS. 3. Backflow prevention devices, for the purpose of determining if they are present, as required on residential boiler lines. LIEP sha11 notify the pemuttee and SPRWS within two (2) days in the event it finds missing devices. . B. LIEP shall collect and retain ali piumbing pernut fee revenue paid pursuant to the LIEP fee schedule in the most recent revision of Sec6on 33.04(G)(7) of the I.egislative Code of the City of Saint Paul, and in accordance with this Agteement. C. By the end of each business day, L1EP shall provide to SPRWS an e-mai] message identifying the plumbing permits it issued that day for which it collected fees. D: LIEP shall provide SPRWS with a WATER CODE INSPECTION REPORT AND REFERRAL checklist, attached hereto and incorporated herein as Attachment A. E. In the event LIEP coliects plumbing pernut fees for plumbing situations which should instead be under the jurisdiction of SPRW3, as described in this Agreement, it shall refund said fees in accordance with Sec. 33.04 (F) of the City of Saint Paul T.egislative Code. Article 2— Responsibilities of SPRWS A. SPRWS shall be responsibie for the following interior and exterior water plumbing permitting and inspecting situations: New building construction and piumbing repairs and alterauons to existing buildings V:�Engineering\CI.ERICAUBOARDWgreementslMISC\St_Pav1�I.IEP_07-12-OS.doc Page 2 of 5 o5-�t� f not part of building rehabilitations and additions, except wheze SPRWS detemunes a new water service is required. 2. Building rehabilitations and additions for which SPRWS determines a new water service is required. This may include conshuction work where existing foundations are utilized. 3. All water shut-offs and turn-ons, low-pressure problems and complaints, back-flow prevention device maintenance and installation (except as noted above), and water suppIy up to and including the water meter. B. SPRWS shall collect and retain all pinmbing permit fee revenue paid pursuant to the W ater Code, and in accordance with this Agreement. Article 3— Responsibilities of the Board The Boazd shall continue to review Plumbing Code changes and requirements and update the Water Code as necessary to remain in compliance therewith. Article 4— Responsibilities of the Board and the City The Boazd and the City shall each hold the other hannless, protect, defend and indemnify each other and each other's agents, officers and employees from any and ali damages, consequential or inconsequential, of whatever kind or nature, claims, losses, judgments, suits, expenses, attomey's fees, actions or causes of actions of whatsoever nature azising out of or occasioned by the issuance of plumbing permits and inspections of plumbing pursuant to this Agreement. Article 5 — General Conditious A. Term of Agreement: The term of this Agreement shall commence on the date of Saint Paul City Council approval of this Agreement and sha11 remain in effect until ternunated by either patty, in accordance with Section S.C. below. B. Amendment: This Agreement may be amended upon such terms and conditions as may be mutually agreeable to the parties. C. Termination: This Agreement may be terminated in whole or in part in writing by either party, provided that no terminarion may be effected unless 1) the other party is given not less than sixty (60) calendaz days written norice of intent to terminate, and Z) the terminating party provides the other an oppommity for consultation prior to issuing said written notice of intent to terminate. v:�n Page 3 of 5 05-�l� f IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their behaif respectively as of the day and yeaz first above written. Approved: By — Q — � � L. . 1� ed � Di�ector, License, Inspection and CTTY OF SAINT PAI7L,IVIIlVNESOTA By Randy C. Kelly, ARayor Environmental Protection Approved as to form: { J- By 1 ti,t - - -- As 'stant City to ey Approved: By Stephen 'chneider, General Manager Saint Paul Regional Water Services Shari Moore, City Clerk Matthew G. Smith, Director Office of Financial Services BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL Patrick Harris, President Approved as to form: By l�i�S �, t� . /.Lr�l Assistant Ciry Attorney Janet Lindgren, Secretary ViEngineeringlCLERICAL�BOA20V+geements4�IISC\St_PwtU,IEP_07-12-OS.doc PBge 4 Of S a5 -� t ( t Sw(NT PAUL � AAAA CITY OF SAINT PAUL Telephone: 65Z-266-9090 Randy C. Kelly, Mayor Facsimr7e: 651-266-9099 Saint Parz� Minnesota SSIO2-I510 65I-266-9I24 wtivw.liep.us COMMERCE BULDING 8 Fourth Street East, Suite 200 Saint Pau1, Minnesota SSIOI WATER CODE COMPLIANCE INSPECTION REPORT AND REFERRAI. Address: Permit Residential Meter Assemblv: _Metsr in pit _Galvanized pipe on street side before water meter _Soft solder joints on street side before vaater meter Meter Wire• _Appeats to be connected Residential boiler backtlow nrevention: �Residential Watts 9D or equal required �RPZ required Residenfial water heater: l TPR valve required — Water heater shut-off, red tagged Exhibit A OFFICE OF LICENSE, INSPECTIONS AND L�'NVIRONMF,NTAL PROTECTION Janeen E. Rns¢t, Director AA-ADA-EEO Employer 05 - � I BOARD OF WATER COMMISSIONERS f RESOLUTION — GENERAL FORM No 5039 co M ME55EO N ER Rleiadl oA-rF Jul� 12, 2005 WHEREAS, the Legislative Code of the City of Saint Paul, Title XI, Sections 85 through 104--Water Utility ("Water Code") govems the Board of Water Commissioners' staff ("SPRWS") regazding plumbing materials, applicable codes, licenses, inspections and other related responsibilities; and WHEREAS, the Water Code presenfly designates that SPRWS inspectors shall conduct all interior and exterior inspections of all water plumbing installations, alterations, repairs and rehabilitations; and WT�REAS, the Boazd of Water Commissioneis (`Boazd") and the City of Saint Paul ("City") recognize that there are instances where inspectors of the Depamnent of License, Inspecrion and Environmental Protection ("LIEP") and SPRWS inspectors are at the same residential or commercial bnilding to perform their respecave inspections and that this is not an efficient use of employees' time; and Wf�REAS, SPRWS and LIEP agreed that LIEP building inspectors for drain, waste and vent are licensed plumbing inspectors and aze quatified to perform interior plumbing 3nspections on residential and commercial remodeling, modification and rehabilitation projects; and WE�REAS, pursuant to such agreement, SP12WS and LIEP initiated a trial period during which LIEP provided Water Code compliance and enforcement services on all interior residential and commerciat water plumbing remodeling, modification and rehabilitauon projects in excess of $600 total mazket cost where a pemut is required by LIEP; and WI�REAS, SPRWS and LIEP aze satisfied with the perfonnaz�ce and resuks of said trial period and wish to memorialize the terms and conditions of said trial period by means of an agreement between the Boazd and the Ciry; and WFIEREAS, staff has prepazed an agreement between the Board and the City which idenufies said terms and conditions and which provides for an indefmite term, subject to condiuons of ternrinarion contained in the agreement; and WAEREAS, the assistant ciry attorney has reviewed and approved said Agreement as to form; now, therefore, be it RE50LVED, that the Agreement between the Board of Water Commissioners and the City of Saint Paul governing shared responsibility in water service piping pernutting and inspecrion is hereby approved, and that the proper officers are hereby authorized to execute said agreement on behalf of the Boazd. Water Commissioners Yeas Vice President Anfang Nays Cardinal Rleindl Montgomery Zanmiller Adopted by the Board of Water Commissioners Julv 12. 20 �5 President Harris In favor 6 pppogr,rt 0 l► ' / i