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Building Standards Commission

Agenda Request

Agenda Of:

10-22-09

Agenda Request No:

IV-A

Initiated By:

Nelda McGee

Executive Secretary

Responsible Department:

City Secretary

Presented By:

Glenda Gundermann,

City Secretary

Department Head:

Glenda Gundermann,

City SecretaryINITIAL

 

 

Additional Department. Head (s):

N/A

Subject / Proceeding:

 Minutes building standards commission Meeting December 18, 2008

Approve Minutes

Exhibits:

Minutes December 18, 2008

Clearances

Approval

Legal:

N/A

Executive Director:

jim callaway, community development  

Vice President:

 

 

 

Recommended Action

Approve the minutes of the Building Standards Commission meeting December 18, 2008.

Exhibits

 

STATE OF TEXAS

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COUNTY OF FORT BEND

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CITY OF SUGAR LAND

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CITY OF SUGAR LAND

building standards commission

thursday, december 18, 2008

 

REGULAR MEETING

 

The Building Standards Commission convened in a meeting open to the public and pursuant to notice thereof duly given in accordance with Chapter 551, Government Code, Vernon's Texas Codes, Annotated, as amended, in Sugar Land City Hall within said City on Thursday, December 18, 2008, at 5:00 o'clock P.M., and the roll was taken of the members; to wit:

 

Al Abramczyk, Chairman

Harvinder S. Arora

Paul Barnett

Aabraham Joseph

Jim Lancaster

Robert Ring

Dinesh Shah

Himesh Ghandi, Alternate

Lars Hagen, Jr., Alternate

Pankaj Shah, Alternate

 

QUORUM PRESENT

 

All of said members were present with the exception of Mr. Abraham Joseph, who was absent, and Mr. Himesh Gandhi, who arrived at 5:28 o’clock P.M.

 

Also present were:

 

Clark Peschel, Building Official

Danny Batts, Management Assistant

Mike Goodrum, Community and Environmental Director

Leticia Garza, Administrative Manager, and

A Number of Staff and Visitors

 

CONVENE MEETING

 

Chairman Abramczyk convened the session, open to the public, to order at 5:17 o’clock P.M. and stated that Mr. Lars Hagen, Jr., will serve as alternate for one absent regular member.

 

Chairman Abramczyk requested each Commission member to introduce himself before proceeding.

 

Minutes

 

Chairman Abramczyk introduced consideration on approval of the minutes of the regular Building Standards Commission Meeting held on July 30, 2008.

 

Chairman Abramczyk had three corrections to the minutes of the regular Building Standards Commission Meeting held on July 30, 2008.

 

 

 

 

Following a full and complete discussion, Mr. Ring, seconded by Mr. Arora, made a motion to approve, as amended, the minutes of the regular Building Standards Commission meeting held on July 30, 2008.  The motion carried unanimously.

 

Election of Officer

 

Chairman Abramczyk introduced consideration on election of a Vice Chairman for the period October 01, 2008 through September 30, 2009.  

 

Following a full and complete discussion, Mr. Arora, seconded by Mr. Ring, made a motion to appoint Mr. Jim Lancaster as Vice Chairman for the period October 01, 2008 through September 30, 2009.  The motion carried unanimously.

 

Orientation

 

Chairman Abramczyk introduced orientation and training for members of the Building Standards Commission.

 

Mr. Danny Batts, Management Assistant, presented handbooks to new members and provided inserts for reappointed member handbooks, including a membership directory, copy of the amended City of Sugar Land Building Standards Commission Rules and Procedures, and a copy of Appendix D:  Rental Property Licensing Ordinance No. 1660 as amended by Ordinance No. 1687.  

 

Mr. Batts stated that the Commission is authorized by Chapter 54 of the Local Government Code and created by Chapter 2, Article 5 Section 253 of the Sugar Land Code of Ordinances.  The Commission is a quasi-judicial body, which hears evidence, receives testimony, issues orders similar in nature to a court, and decisions of the Commission can only be appealed to a state court.  The City has only one other quasi-judicial body, the Zoning Board of Adjustment.  The Commission decisions provide justification, are filed in writing, and provided to the applicant; they are final and subject only to appeal to State District Court.

 

Procedure

 

The Commission must have a quorum, or simple majority of the Board, to conduct a meeting, and an affirmative majority vote of the members present is required to take action on any proceeding. Commission Rules and Procedures are included in members’ handbooks.

 

Duties

 

The duties of the Commission are to regulate dangerous buildings and unsafe structures; hear appeals of administrative decisions regarding the International Property Maintenance Code which the City has adopted; hear appeals regarding denial or revocation of a rental license; hear appeals of administrative decisions regarding City Building Codes; and to grant variances to City Building Codes.  The rental related duties are under the jurisdiction of Mr. Mike Goodrum, Director, Community and Environmental Services; the building related duties are under the direction of Mr. Clark W. Peschel, Building Official Permits and Inspections. 

 

Dangerous Buildings and Unsafe Structures

 

The Commission is the primary agent responsible for repair and demolition of unsafe structures in the City; the authority and responsibilities are outlined in the Dangerous Buildings Ordinance, Appendix B in the handbook.

 

The following general conditions qualify a structure as dangerous or a hazard: 

1)      33 percent structural damage

2)      50 per cent non-structural component damage

3)      extensive fire damage

4)      extensive storm damage

5)      an unsecured or abandoned building

 

To have a building declared an unsafe structure staff will gather evidence about the condition of the structure and seek voluntary compliance from the owner.  If unsuccessful, a public hearing will be scheduled before the Commission to present evidence from staff, the property owner and/or any interested member of the public.  If the Commission concurs that the structure is a dangerous building, an order will be issued requiring the structure be secured, repaired, removed, or demolished. 

 

Examples from other cities of cases that might come before the Commission include: 

 

Appeals from the International Property Maintenance Code

 

The City currently uses the 2003 International Property Maintenance Code (IPMC); Appendix C in the handbook lists all of the Sugar Land amendments to the code.  The code ensures that property is maintained in safe and sanitary condition so as to be fit for continual use and occupancy. 

 

In the appeal process for an administrative decision of the IPMC, staff makes the initial determination of whether or not a violation exists; if the property owner contests the staff determination, persons can appeal the determination before the Building Standards Commission at a public hearing.  If the Commission overturns the staff determination, all enforcement actions against the property for that specific condition cease.

 

The most common IPMC violations include peeling paint, foundation failure, missing shingles, and high grass and weeds.

 

Rental Licensing Program

 

All single family residences within the City must apply for a license if they are offered for rental purpose.  All rental properties receive an annual exterior inspection to ensure the property maintenance standards are being met.  Interior inspections are done when there is a change in occupancy or when requested by the tenant. 

 

The Commission hears appeals regarding denial or revocation of a rental license.  When staff believes a licensed rental property or applicant rental property has significant life safety issues or critical violations that make it unsuitable for habitation, staff will consider denying or revoking the rental license.  If the license is revoked or denied, the property owner has the option to appeal the decision at a public hearing before the Commission.  If the Commission overturns the staff decision, the license is either granted or restored.

 

Building Codes

 

The Commission hears appeals of administrative decisions regarding the City Building Codes.  The owner of the building has the right to appeal the decision of the Building Official to the Commission when one of the following conditions exists:

1)      the Building Official rejected or refused to approve the manner of construction or materials to be used in the installation or alteration of the building

2)      the provisions of the code do not apply to the specific case

3)      an equally good or more desirable method of installation can be employed in a specific case

4)      the true intent and meaning of the code has been misconstrued or incorrectly interpreted

 

Mr. Batts stated that the City rarely receives this type of appeal; the last one being January 1996, and was the last time an appeal was heard. 

 

Variances

 

The Commission has the authority to grant variances to City Building Codes.  Consideration of a variance would be justified when enforcement of the Building Codes creates injustice and is contrary to the spirit or purpose of the code’s technical requirements or in the best interest of the public.

 

The process provides for the property owner to submit a formal written letter documenting the specific code section and his proposed analysis of the section; the Building Official will process the request and schedule a public hearing before the Commission within 30 days. 

 

The International Building Code, Fire Code, National Electric Code, and all local amendments to the codes are available for review, but because the codes and amendments are extensive, individual copies are not provided.

 

Chairman Abramczyk introduced Mr. Clark W. Peschel, Building Official to discuss possible changes to the Building Codes.

 

Mr. Peschel stated that the 2009 International Building Codes will be published in the spring of 2009.    The City intends to adopt the codes, but sometime next year will formulate a technical advisory committee to go through the codes and decide what significant changes are impacted with those codes versus the 2003 codes the City currently enforces.  The committee will review the changes as well as the standard code, which basically will be the same as the 2003 code, determine what is most applicable for Sugar Land, and make recommendations.  Formal adoption of the codes should take place by the end of 2009.

 

Chairman Abramczyk asked about procedure for approval and the role of the Commission.  Mr. Peschel stated approval was by ordinance approved by City Council. The Commission has no role in the code adoption process; the review will be by a technical advisory committee consisting of a master electrician, master plumber, architectural engineer, and group of design professionals that live and work in Sugar Land.

 

ADJOURN

 

Chairman Abramczyk asked if there were any questions or comments before adjourning. 

 

Mr. Batts commented that while the Commission may not meet often, the subject matter that is addressed under the Commission jurisdiction is very important and that members have a vital role in protecting the integrity of city neighborhoods.

 

Chairman Abramczyk added that it speaks well of the staff that they are able to handle whatever problems come up and the Commission is able to “standby” and serve as needed.

 

There, being no further business to come before the Commission, Mr. Lancaster, seconded by Mr. Ring, moved that the meeting adjourn.  The motion carried unanimously and the meeting adjourned, time at 5:37 o'clock P.M.

 

 

 

                                                           

Glenda Gundermann, Secretary

(SEAL)