06-1130Council File # 06- D�a
Green Sheet # 3a3 531L
AMENDED 1/10/07
ORDINANCE
OF SAINT PAUL, MINNESOTA
Presented By:
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THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: �t� ea:s�.0 �-�_�
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Section 1 � � � ,p�� � �
The new chapter of Title VI of the Saint Paul Legislative Code "Building and Housing" establishing the fire certificate
of occupancy program is amended to include the following section:
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Section 5. Renewal of Fire CertiFcates of Occupancy.
All fire certificates of occupancy shall be renewed according to the schedule in (b) below. The renewal schedule
applied to all buildings with a fire certificate of occupancy shall be based on the Safety Code Compliance Classification
System outlined in (a) below. The fire marshal shall develop and maintain a numerical system which will assign points
to safery code violations. The numerical system shall assign the greatest number of points to the most severe safety
code violations. The numerical system shall be adopted by resolution of the city council and updated from time to time
upon recommendation of the fire marshal to the city council.
(a) Classifcation System. There shall be three (3) categories of buildings for purposes of this code. Ciassification
numbers shall be assigned at the first inspection. The total number of "points" from that inspection shall be
adjusted to tal:e into account the number of units in the building and shall determine the class assigned to each
building.
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An Ordinance Creating a Fire Certificate of Occupancy Program Classification 5ystem
Class A. Residential buildings with an average of fewer than five (5) points per dwelling unit shall be
classified as Class A.
Class B. Residentia] buildings with an average of five (5) or more but less than eleven (11) points per
dwelling unit shall be classified as Class B.
Class C. Residential buildings with an average of eleven (11) or more points per dwelling unit shall be
classified as Class C.
Commercial or nonresidential shall not be rated in this classification system.
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(b) Renewal Cycle. Renewal of the fire certificate of occupancy shall be scheduled by the fire marshal for all
buildings according to the buildings' classification.
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Class A properties shall be renewed every five (5) years.
Crass B properties shall be renewed every three (3) years.
Class C properties shall be renewed every yeaz
Title VI New Chapter. fire Certificate of Occupancy Program
Page 2 of 2
4) Commercial or nonresidential buildings. The fire marshal shall establish written guidelines for t�he -� t �
renewal of nonresidenrial occupancies based on the hazard of the occupation. This cycle shall not
exceed three (3) yeazs. The fire marshal shall provide an annual written report of nonresidential
inspections that includes group, property address, and inspection schedule to the city council.
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5) Revocations of fire certificates of occupancy, condemnations and orders to vacate. Where the fire
certificate of occupancy has been revoked or suspended because of code violations associated with a
condemnation and order to vacate, the certificate shall be scheduled for renewal in one (1) year.
53 (a) CompZaint of Safety Code Deficiency or Violation. All complaints of safety code violations and deficiencies
54 shall be investigated by the fire marshal. Such investigation may initiate an out-of-cycle fire certificate of
55 occupancy inspection at the discretion of the fire marshal. The point assigned at this out-of-cycle fire certificate
56 of occupancy inspecrion shall result in a new classification if the points assigned ta safety code violations
s� warrant reassignment.
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59 (b) EnforcementActions. The classification system shall be used exclusively for the purpose of establishing a
6o renewal schedule. Classifications shall have no bearing on enforcement actions undertaken by the ciTy, such as
61 notices and orders related to code deficiencies and violation, revocations of the fire certificate of occupancy,
sz condemnations and orders to vacate.
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Section 3 2
This ordinance shall take effect and be in force thirty (30) days following its passage, approva] and publication.
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T'eas Nays Absent
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Harris
Helgen
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Adopted by Council: Date � .�� �ll�?
Adoption Certified by Council Secretary
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Approved by Mayor:
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Requested by Department oE
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Approved by Mayor for Submission to Council
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CO ��ncil
ContaM Person & Phone:
Marcia Mcertnond
6-8570
Must Be on Council Aaen
Doc. Type: ORDINANCE
E-Document Required: Y
Document Contact: ViCki
Contact Phone: 6-8567
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Toql # of Signature Pages _(Clip All Lowtions for Signature)
Green Sheet NO: 3035372
0 Comcil I
1 onnca � DeparlmentD'vector
2 itvAttorney I
3 �Conncil I
4 ' Cluk Gti G7erk
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An ordinance amending Title VI of the St. Paul Legislative Code "Building and Housing;' the Fire Certificate of Occupancy
Program, to include a Classification System.
idations: Approve (A) or R
Planning Commission
q6 Committee
Civil Service Commission
7. Has this person/firm ever worked under a contract for this departmenC?
Yes No
2. Has this pewonlfirm ever been a city empfoyee?
Yes No
3. Does this person�rm possess a slull not rrormally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Prablem, Issues, Opportunity (Who, What, When, Where, Why):
AdvanWges If Approved:
Disadvantages If Approved:
Disadvantages If Not Approved:
Total Amount of
Transaction:
Funding Source:
Financial lnformation:
(F�cplain)
CosVRevenue Budgeted:
ActiVity Number:
December 13, 2006 4:16 PM Page 1
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Ciry of Saint Paul
City Council Research Center
310 Ciry Hall
Saint Paul, MN 55102
(651)266-8570
INTER-DEPARTMENTAL MEMORANDUM
DATE: December 15, 2006 Revised Januarv I0, 2007
TO: Councilmembers
FROM: Wyn Douglas, Council Assistant
and
Mazcia Moermond, Sr. Policy Analyst
RE: Ordinance Adding a New Chapter "Fire Certificate of Occupancy Program" to Title VI of
the Saint Paul Legislative Code "Building and Housing" (Council File #06-1130)
Summary:
In order to focus inspection services toward properties needing more improvement, this proposal includes
a shifr from 2-year inspection cycles for C of O properties and annual renewal for Rental Registration
properties to a tiered system based on property condition:
• Class A: 5-year inspection cycie; ^�-��� less than 5 deficiency points per unit
• Class B: 3-year inspection cycle; 5 to �8 less than 11 deficiency points per unit
• Class C: 1-year inspection cycle; 11 or more deficiency points per unit
To provide for systematic and equal classifications, this proposal includes a numerical point grading
system to be adopted by resolution of the City Council (Council File # 06-1120). Fire Marshal Steve
Zaccard has developed a deficiency list with corresponding point values.
There is no proposal to change the renewal cycle for commercial buildings, and the Fire Certificate of
Occupancy will continue to be renewed on a 1- or 2-year cycle, depending on the hazard associated with
the use.
The 3,100+ residential properties with three or more units and a current C of O currently break down as
follows: 0.0% in Class A, 30% in Class B and 30% in Class C� This data was obtained using the Amanda
database system, indicating that applying a classification system to all C of O properties is technologically
feasible. Furthermore, a 2001 pilot study done by Fire Prevention estimated an 11 % reduction in
inspection volume due to a shift to classification-based inspection cycles. The efficiency gains from a new
classification system far existing certificate of occupancy structures will reduce the impact of inh
one- and two-unit rental properties into the program. Council Research estimates the distribution of A, B
and Gclassified properties will change as I- and 2- unit non-owner-occupied single family homes and
duplexes are introduced into the program. Where current C of O properties aze 40°lo Class A, 30% Class
B and 30% Class C, we expect rental I- and 2-unit rentals will be 30% Class A, 30% Class B and 40%
Class C. This could be a more realistic estimate given that properties currently in the C of O program
have been inspected regularly and thus would likely be a better maintained stock.
�stem as an imolementation check on ffie ordinance
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Fire Certificate of Occupancy Program Memq Page 2 of 3
In an analysis iust com�leted bv Council Reseazch, some more stark fi¢ures for rental single-family
homes and du�texes were develo�ed. Looking at Truth-in-Sale of Housing (TISI� reports preuazed for
properties in the Rental Re¢istration pro�ram from January 2005 — October 2006, there were 130 TISH
renorts examined. Of these. there were 2 condos. 2 townhouses. 25 duplexes and 101 sin¢]e familx
homes. Usine the oronosed classification s�stem, oniy 1 would be Class A, 1 would be Ciass B, and the
balance would be Class C. One important caveat in examinin�this information is that we don't know if
those Rental Redisuation vrouerties with a recent TISH re�ort (1301 are in anywav re�resentative of the
whole population of Rental Re¢istered properties (approx. 6,0001. What we do know is that these
properties were likelv up for sale durine the ]ast 2 vears.
Fees for the Fire Certificates of Occupancy would continue to be due at the time of issuance/renewal.
Buildings with an "A" Classification will pay their fees once every 5 years (rather than every other year).
This will significantly reduce costs for well-maintained buildings. Draft documents about this legislative
proposa] were shared with the Financia] Services Office, which indicated Council Reseazch estimates of
budget neutrality were likely accurate.
Schedule for Council Consideration:
December 20, 2006: First Reading
January 10, 2007: Second Reading
January 17, 2007: Third Reading, Public Hearing
January 24, 2007: Fourth Reading and First Possibie Date for Vote
March 1, 2007: First Possible Date Ordinance Would Take Effect
Text:
The text of this proposal appears as its own ordinance, Council File # 06-1130, which will become section
5 of the new chapter "Fire Certificate of Occupancy Program." Please also see Council File #06-1120,
the resolution establishing the deficiency point sysYem to be used.
Research/Additional Information:
In practice, Council Research is anticipating existing residential Certificate of Occupancy Program
properties (those with 3 or more units) will be rolled over into the new classification and renewal system
at the time of their next scheduled Fire C of O inspection. Non-owner-occupied rental single family
homes and duplexes which are cunently registered as rental properties with the City under Chapter 51
will all get a"provisional certificate of occupancy" until they get their first full inspecrion. For at least
the first year of the program, Council Research expects that these properties will be integrated into the
Fire Cedificate of Occupancy program on a"complaint basis." In other words, instead of handling
complaints on specific code violation individually, that complaint will trigger the complete Fire C of O
for these properties. After the conversion of staff and work processes, some from Fire, some from NHPI,
to working on this program for a period of months, we anticipate that staff will be able to integrate
properties in at a quicker rate, using geographic targeting to get through all areas of the City.
` An ar,�ument could be made that calculatine the average oer unit deficiencv aoint score of a sin�le familv home or
duplex is likely to yield a hieher outcome than for aparhnent buildines with 3 or more residential units In the case
of the lower number of units. deficiencies affectine what are sometimes shazed items (such as entries exits laundry
rooms, roofs, and so on) aze nut into the aver�e for 1 or 2 units to be divided bv rather than 3 or more. GoinP with
this line of reasonin� if one "dummy uniY' is added to sinele family and�lex orooerties to weieht the averape the
classes would look ]ike this far this erouu of TISH reoorts: Class A= 1. Class B= 5 and Class C= 124
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Fire Certificate of Occupancy Progam Memo, Page 3 of 3
We do not believe we (or anyone) can accurately predict the condition of the rental single family homes
and duplexes which wiil be entering into this program. However, in the case of residential properties with
3 or more uniu, we aze rather certain about conditions. This is important because the number of
inspectors necessary will be a direct resuZt of both the number of properties to be inspected and their
condifion. Our best advice to the Council is to proceed with the program and ask with periodic (perhaps
quarterly) updates on it implementation, so adjustments can be made if necessary.
2006 C of O Residential
Population (3+ Units) Adjusted
class a
Class
30%
Council Researeh Estimate for 1-
and 2-Unit Fire C of O Properlies
Class A
lass B
30% Clas
40`
ass B
30%
Attachments: None.
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06-1130
»> "Warns, Benita B- Eagan, MN" <benita.b.warns@us�s.4ov> 1/17/2007 9:32 AM
» >
Please enter this message into the official record of the January 17, 2007 Public Hearing
for Agenda items 16-20. These are Resolution 06-1120, and File 06-1129, 06-1130, 06-
1131, and 06-1132. All of these items concern proposed changes to the rental
registration process for the City of St. Paul, including establishing inspection of all single-
family and duplex rental units and instituting a points system to classify these properties.
The overall objective of this proposal is to reduce the number of code violations for rental
dwellings in St. Paul, which will improve the quality of life for residents who rent these
units. While I support this overall objective, I have some major concerns with the
changes as proposed.
My first concern is that the number of points that pface properties in Class C is too tow. I
believe a more appropriate cutoff is 20 points, provided that none of the individual
violations are scored 7 points or higher. With the current cutoff of 11, it is far too easy
for a few lower-point value violations to add up to 11, which would place the property in
Class C. Class C status will stigmatize a property that doesn't have any major safety or
health issues by treating it in the same manner as a property that has numerous major
problems. Class C status may discourage good tenants from considering a unit that
they othenvise would find suitable for their needs. I agree that the bar for Class A status
should be set high, but the Class B bar needs to be lowered.
My second concern is the process for conducting the inspections. Most landiords who
only manage a couple of units also have full-time jobs. Wiil inspectors be available
during evening or weekend hours so that working peopfe will not have to incur the
unreasonable expense of having to miss work, or use precious vacation time to meet
this new requirement? If the inspection process becomes too onerous to smafl-scale
landlords, most of whom live either in St. Paul or nearby communities, many will
consider selfing out because the hassle factor is too high. St. Paul needs to encourage
local ownership of rentai properties, this wili discourage it.
My third concern is with the price for the inspections. I manage one unit on a break-
even basis. I will need to raise the rent in order to cover this new wst, as well as the
added costs of going through the very extensive list of requirements and spending a lot
of money all at once to fix stuff that doesn't put my tenant in any danger. If I don't fix
everything right now, then I will face expensive annual inspections if my property gets
placed in Class C. My tenant is low-income. I don't want to force this person to have to
move because my unit is no longer affordabie.
This brings me to my next point, and that is affordability. This will have an impact on the
number of affordable housing units available in St. Paul. Landlords cannot continue to
absorb expenses and keep rents affordable.
Ol� -ll3b
There is no mention in the ordinance as to the timetable for implementation, or how
se4ectio�s will be made of who gets hit frst. Will it be by lottery, or by the number of
complaints that have been filed? What about inspections in winter months, when
weather-related deficiencies cannot be corrected (such as painting exterior surfaces,
roofing, etc.)? Guideiines must be developed that wil{ treat landlords fairly under these
circumstances.
I recommend that the inspections for one and two-family dwellings not begin until
January 2008. Between now and then, the Gity needs to pubticize the change, put out
the requirements list in plain language so any ordinary person can clearly understand
each and every item, and the City needs to provide technical assistance to landlords
who request it so they can be sure that their properties will pass the inspection.
One final note: is there evidence that the overall condition of single-family and duplex
rentai units is substantially different from the condition of similar owner-occupied
properties? If we are going to enforce building codes to such a high level of detaif, then
we should treat all properties the same, not single out owners of rental properties.
Property taxes are already substantially higher for residential rental units than for similar
owner-occupied dwelling units. We all know of owner-occupied houses that are in
terrible condition. Whatever is finally adopted, it needs to treat everyone fairly. This
plan, as proposed, does not.
Benita Warns
1440 Lafond Ave.
St. Paul, MN 55104-2438