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HomeMy WebLinkAbout2023-12-04 I01I CICC Memorandum of Understanding AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: December 4, 2023 AGENDA ITEM: Consideration of approval of a memorandum of understanding to participate in the Central Iowa Code Consortium (CICC) FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: This MOU is a product of the Capital Crossroads project to identify areas of government where collaboration could take place improving efficiency. Beginning in 2015, 15 communities and two counties participated in the initial process to collaboratively review building and fire code updates. This process is intended to standardize, to the extent possible, the building and fire codes in the participating metro communities. This model gives industry a vote at the committee level. This agreement specifically allows “home rule” where any city may choose to adopt any codes or amendments they desire, regardless of the CICC recommendations. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: There is no cost to the City of Waukee to participate in the CICC other than staff time to attend meetings. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff would recommend approval of the resolution approving the memorandum of understating. RECOMMENDATION: Approve the resolution ATTACHMENTS: I. Proposed resolution II. CICC Memo III. Memorandum of Understanding PREPARED BY: Andy Kass, Community Development Director REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1I THE CITY OF WAUKEE, IOWA RESOLUTION 2023- APPROVING A MEMORANDUM OF UNDERSTANDING FOR THE CENTRAL IOWA CODE CONSORTIUM (CICC) IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City of Waukee has previously participated in code review cycles through a Memorandum of Understanding (MOU) with the Central Iowa Code Consortium (CICC); AND, WHEREAS, as a result of the Capital Crossroads initiative, a Memorandum of Understanding between and among the participating communities related to standardizing, to the extent possible, the building and fire codes in the participating communities; AND, WHEREAS, the proposed Memorandum of Understanding specifically allows “home rule” where any city may choose to adopt any desired codes or amendments, regardless of CICC recommendations; AND; WHEREAS, the Memorandum of Understanding, which is attached hereto and by reference incorporated herein, has been reviewed by the City Attorney and found to be satisfactory; NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 4th day of December 2023, that the Memorandum of Understanding for the Central Iowa Code Consortium (CICC) is hereby approved. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair CICC Collabora�ve Communi�es: City of Ankeny, City of Bondurant, City of Carlisle, City of Clive, City of Des Moines, City of Indianola, City of Indianola, City of Johnston, City of Norwalk, City of Pleasant Hill, City of Urbandale, City of Waukee, City of West Des Moines, City of Grimes, Dallas County Central Iowa Code Consor�um Memo To: City Council, City Clerk & City Manager's Office From: Central Iowa Code Consor�um (CICC) Execu�ve Commitee Re: Updated Memorandum of Understanding (MOU) for the Central Iowa Code Consor�um Date: November 13, 2023 Establishing the Central Iowa Code Consor�um (CICC) was an ini�a�ve created in response to the Capital Crossroads visioning plan, Governance Capital, crea�ng regional governance opportuni�es and opera�onal coordina�on among Central Iowa communi�es. The purpose of the CICC is to review, discuss and make recommenda�ons regarding building and fire codes. Effec�ve building and fire codes promote building safety, structural integrity and assure structures will maintain their value over �me. CICC is also working to achieve more consistency in building and fire codes in communi�es across Central Iowa. Increasing consistency in these codes benefits community growth and economic development by reducing confusion caused by differing code requirements in Central Iowa communi�es. In 2015, 15 metro communi�es and two Central Iowa coun�es signed a Memorandum of Understanding (MOU) to par�cipate in the Central Iowa Code Consor�um pledging their support to par�cipate in the building and fire code review process. Through CICC code officials work with industry representa�ves to review and make recommenda�ons regarding building and fire codes. This collabora�ve process promotes coopera�on between government and industry and creates more uniform and consistent code requirements among Central Iowa communi�es. The principal benefits of par�cipa�ng in the CICC are sharing resources and exper�se when comple�ng the code review process which results in efficient use of staff �me, more consistent codes between communi�es, and crea�ng a coopera�ve working rela�onship with the building industry. CICC has successfully completed several code review cycles (2015, 2018, 2022). Samples of success include: • More Central Iowa communi�es have adopted and are currently u�lizing the most recent building and fire codes. • Many par�cipa�ng Central Iowa communi�es have collaborated and adopted codes that are nearly alike which reduces confusion and conflicts for private industry. • Contractors and design professionals are more engaged with the code development and adop�on process. • Past processes yielded local amendments (recommended by the CICC) that are now incorporated into the Interna�onal Code Documents for the current cycle. CICC Collabora�ve Communi�es: City of Ankeny, City of Bondurant, City of Carlisle, City of Clive, City of Des Moines, City of Indianola, City of Indianola, City of Johnston, City of Norwalk, City of Pleasant Hill, City of Urbandale, City of Waukee, City of West Des Moines, City of Grimes, Dallas County As CICC begins the 2024 code review, the Execu�ve Commitee has reviewed what we have learned through past review cycles, what can we do beter, and how best to measure the success of our effort. This process of constant review and improvement has become part of our roadmap for each code review cycle. Atached is an updated Memorandum of Understanding (MOU) for communi�es to consider par�cipa�on in CICC. We are asking Central Iowa Communi�es to consider approving the MOU to enable us to con�nue the work of the CICC. Although we have accomplished a lot over the past eight years there is much more we can accomplish with the support and commitment of Central Iowa communi�es. There is no financial commitment for Central Iowa communi�es to par�cipate in CICC. In considering the updated MOU, we request community support by allowing building and fire code officials to par�cipate in the code review process. The more communi�es represented on CICC commitees, the beter we can do to create more consistent codes across Central Iowa. The CICC process would not be successful without the talented and dedicated building and fire code professionals that work in communi�es throughout Central Iowa. These officials have spent many hours reviewing codes, par�cipa�ng in commitee mee�ngs and recommending code proposals for considera�on by Par�cipa�ng Communi�es. Without their knowledge and commitment, the CICC would not be able to perform such a quality code review. We would also like to recognize the design professionals and contractors that have given their �me to par�cipate in the CICC code review process. Their involvement has created a true public/private partnership that has a posi�ve economic impact on Central Iowa. Thank you for your considera�on. MOU FOR THE CENTRAL IOWA CODE CONSORTIUM Page 1 MEMORANDUM OF UNDERSTANDING (MOU) FOR THE CENTRAL IOWA CODE CONSORTIUM (CICC) Original Document: April 9, 2015 Updated: November 19, 2020 Updated: August 17, 2023 This Memorandum of Understanding for the Central Iowa Code Consortium (hereafter the "MOU") is made and entered into by and between the following Central Iowa Communities **Final filed document will include names of all communities that have signed the MOU** Cities and/or local governments that have approved and signed this document shall be collectively referred to as "Participating Communities." This document, upon signature by seven or more communities, shall rescind and replace the document dated November 19, 2015. Central Iowa Communities have realized through participation in the CICC the benefits of aligning code provisions among the communities. Aligning code provisions reduces confusion for businesses, developers and citizens to follow and understand code requir ements. Central Iowa is in a great position for future growth and consistency among communities will help the metro economy. This MOU is a mutual agreement among Participating Communities for the purpose of creating and implementing the Central Iowa Code Consortium. 1. BACKGROUND Capital Crossroads is a regional vision and action plan created to ensure the central Iowa region (defined as a fifty-mile radius from Des Moines) can grow and prosper. It began with eight organizations (including Bravo Greater Des Moines, Community Foundation of Greater Des Moines, Des Moines Area Metropolitan Planning Organization, Greater Des Moines Partnership, Iowa State University, Prairie Meadows, and United Way of Central Iowa) joining together to sponsor the planning process. MOU FOR THE CENTRAL IOWA CODE CONSORTIUM Page 2 One of Capital Crossroads focus areas, called 'Capitals', is Governance. The purpose of the Governance Capital is to encourage local governments to sustainably manage growth without sacrificing essential public services by considering high-value, consensus-based strategies to effectively serve our communities. The Central Iowa Code Consortium is an initiative supporting the mission of Capital Crossroads. Beginning in the summer of 2012 representatives from many central Iowa governments met to discuss opportunities for greater cooperation and ways to provide more efficient and effective service. A pilot program was established to identify ways to increase the amount of formal collaboration between cities and counties. 15 cities and three counties partnered with the Taxpayers Association of Central Iowa and Des Moines Area Community College's (DMACC) Business Resources (DBR) in the pilot program. One of the focus areas for the pilot was the fire code and related code adoption processes. In 2015 the Central Iowa Code Consortium was established and as of 2023 has successfully navigated three code review and adoption cycles. CICC has created a process where building and fire codes are reviewed and discussed by government and industry leaders with the goal of reaching consensus on code provisions and making recommendations to Participating Communities. Since establishing the CICC, many Participating Communities have updated their building and fire codes, improved ISO (Insurance Services Office) ratings, and realized increased consistency across the metro. Aligning code provisions reduces perceived competitive disadvantages for development, promotes safety and responsible development, and reduces confusion during the design and construction process. To avoid duplication with the State of Iowa, CICC focuses on the codes that are under local control (building and fire) and does not review codes under state jurisdiction (electric, energy, mechanical, and plumbing, property maintenance, swimming pool and spa, and fuel gas codes). 2. PURPOSE OF THE CENTRAL IOWA CODE CONSORTIUM (CICC) All Participating Communities have a mutual interest and responsibility for code development, adoption, and enforcement to protect life, health, property, and the environment. The purpose of the consortium is to have a process whereby government and industry can work together to review, discuss, and recommend code provisions for consideration by the Participating MOU FOR THE CENTRAL IOWA CODE CONSORTIUM Page 3 Communities. Participating Communities will have the final say on the code and code provisions that are adopted for their community. The Code Consortium will provide the following benefits to Participating Communities: a. Government and the private sector working together toward having a common voice in code development b. Similar and consistent code provisions among Participating Communities c. Assure key stakeholders are involved in the discussion regarding building and fire codes d. Utilization of local subject matter experts representing the public and private sector in reviewing and recommending code provisions e. More efficiency and consistency regarding code interpretation and enforcement among Participating Communities f. More consistency and less confusion among businesses, developers, designers, architects and citizens that work in multiple jurisdictions 3. RESPONSIBILITIES UNDER THE MEMORANDUM OF UNDERSTANDING (MOU) The Code Consortium shall consist of an Executive Committee and Code Committees. All Participating Communities should encourage staff to participate in code reviews and committee discussion whether or not they serve on a committee. a. EXECUTIVE COMMITTEE The Executive Committee may consist of: ● Four code/building officials ● Four fire officials ● Three representatives of local government administration (e.g. city/county manager/administrator, planning/community development director) At the discretion of the Executive Committee, the number of representatives from each entity (code/building officials, fire officials, administration) may vary depending on the codes to be reviewed and/or the expertise of the individuals willing to serve o n the committee. The purpose of the Executive Committee is to coordinate the effort to review, discuss, and make recommendations regarding all building and fire codes. The CICC will avoid making recommendations or changes to the administrative provisions of any codes. Permits, permit MOU FOR THE CENTRAL IOWA CODE CONSORTIUM Page 4 process, fees, appeals, etc. will be left to each individual community to adopt and amend these provisions as they see fit. In selecting individuals to serve on the Executive Committee, care should be taken to assure the representatives are subject matter experts regarding city codes; when possible, each member of the Executive Committee represents a different community; and co mmunities of all sizes and geographic areas across central Iowa are represented. The process to select representatives for the Executive Committee: ● The Mid-Iowa Construction Code Council (MICCC) shall select their members to serve on the Executive Committee. Prior to selecting the representatives, an effort should be made by the Council to reach out to all building officials from Participating Communities to determine their interest in serving on the Executive Committee and encourage them to participate in the code review process. ● The Polk County Fire Chiefs Association (PCFCA) shall select their members to serve on the Executive Committee. Prior to selecting the representatives, an effort should be made to reach out to all fire officials from Participating Communities to determine their interest in serving on the Executive Committee and encourage them to participate in the code review process. ● The Metro Managers Group shall select their members or planning/community development officials to serve on the Executive Committee. Prior to selecting the representatives, an effort should be made to reach out to all chief administrative officials and planning/community development officials from Participating Communities to determine their interest in serving on the Executive Committee and encourage them to participate in the code review process. b. CODE COMMITTEES Two existing professional organizations (Mid-Iowa Construction Code Council (MICCC) and the Polk County Fire Chiefs Association (PCFCA) will be designated as the Code Committees to review and make recommendations for each of the following codes: ● International Fire Code (IFC) ● International Building Code (IBC)/International Existing Building Code (IEBC) ● International Residential Code (IRC) ● Joint Fire/Building Committee - this committee will focus on provisions shared between the fire and building codes as determined by the Executive Committee. The purpose of the Code Committees are to review, discuss and make recommendations to the Executive Committee regarding building and fire codes. Each entity will determine the most MOU FOR THE CENTRAL IOWA CODE CONSORTIUM Page 5 efficient process in which to conduct a review of their respective codes and make recommendations to the CICC Executive Committee. If there is any confusion on which Code Committee should review a code section, the Executive Committee is responsible for assigning which committee will review a specific code section. Involving private industry in the discussion regarding building and fire code is an important part of the CICC process. At the direction of the Executive Committee, the Code Committees shall determine how to involve industry representatives in the code review. The CICC Executive Committee may establish Review Committees to review and make recommendations to the State of Iowa on the following trade codes: ● National Electrical Code (NEC) published by the National Fire Protection Association ● International Energy Conservation Code (IECC) published by the International Code Council ● International Mechanical Code (IMC) published by the International Code Council ● Uniform Plumbing Code (UPC) published by the International Association of Plumbing and Mechanical Officials ● NFPA 54/58 published by the National Fire Protection Association 4. ADMINISTRATION The administration of this MOU shall be the responsibility of the Central Iowa Code Consortium Executive Committee. All requests, suggestions, recommendations, and questions regarding the administration of the MOU and the operation of the Consortium shall be submitted in writing to the Executive Committee. This MOU shall become effective upon the date that at least seven (7) Central Iowa Communities have executed the MOU and delivered an original or certified copy of the executed MOU to the records custodian. This MOU shall remain in effect until it is disso lved by the passage of a resolution by a majority of the Participating Communities supporting the dissolution of the Central Iowa Code Consortium. a. This MOU may be amended by written agreement between the Participating Communities. b. The Executive Committee shall have the authority to create, dissolve or amend Code Committees to assure they are functioning in an effective and efficient manner. MOU FOR THE CENTRAL IOWA CODE CONSORTIUM Page 6 c. Any change that significantly alters the purpose, governance, structure, or scope of the MOU must be approved by Addendum by the governing body of each Participating Community. d. If a community desires to become a Participating Community, they must submit a written request and documentation that the governing body has approved the MOU to the Executive Committee. The Executive Committee is responsible for approving new Participating Communities. e. A Participating Community that is a party to this MOU may choose to terminate their involvement by providing 90-day written notice to the Executive Committee. IN WITNESS WHEREOF, this Memorandum of Understanding has been executed by the authorized representatives of the Participating Communities on dates identified on each attached individual page. MOU FOR THE CENTRAL IOWA CODE CONSORTIUM Page 7 Signature Page Organization Name: City of Waukee Mayor (Signature) Date Attest Signature Date Mayor (Printed) Attest Printed Name