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FY2019-05 City of Kodiak MOA for Buidling Inspection Program - reestablishes the parameters of the April 15, 1988 agreement - Expires June 30, 2023l= `l? -011 -b5 MEMORANDUM OF AGREEMENT Between KODIAK ISLAND BOROUGH and the CITY OF KODIAK for BUILDING INSPECTION PROGRAM On April 15, 1988, the Kodiak Island Borough and the City of Kodiak established a single program for the inspection of buildings within the jurisdiction of both governments. This memorandum of agreement (MOA) reestablishes the parameters of the shared building inspection program that serves the residents of both jurisdictions. Objectives 1. To provide for a single building inspection program for the City of Kodiak and the Kodiak Island Borough. 2. To ensure a consistent application of building regulations in the City of Kodiak and the Kodiak Island Borough. 3. To reduce the total cost of building inspection services in the Kodiak Island Borough and the City of Kodiak. 4. To provide an economical, efficient, and effective building inspection program for residents of the Kodiak Island Borough and the City of Kodiak. Points of Agreement 1. The Kodiak Island Borough (hereinafter `Borough") hereby contracts with the City of Kodiak (hereinafter "City") for building inspection services. Personnel aspects of the program are the responsibility of the City, and the building official and deputy building official shall be employees of the City. A. This service will include the following: (1) a full-time building official; (2) a full-time deputy building official; (3) typical functions associated with an operational building inspection program; (4) administration and enforcement of Borough Code Title 15, Buildings and Construction, including issuing permits, checking plans, performing field inspections, maintaining records of each permit, and maintaining statistical records; (5) records will be kept on each building permit and will include at a minimum, the following applicable information: building permit applications, approved plans and specifications; the as -built site plan; compaction report on engineered fills; and inspection reports on all inspections performed; and (6) issuance of a certificate of occupancy and/or final inspection report when construction, for which a permit was issued, is completed. The borough assessor shall be provided with a copy of all certificates of occupancy and/or final inspection reports on a monthly basis. B. The Borough will supply the office space for building inspection program. Page 1 of 6 C. The City will supply the vehicle for the building inspection program D. Monthly and annual reports of building permit activities will be submitted on forms agreed upon by the Borough and the City Managers. 2. In all cases, the building official will be responsible for ensuring that all structures are in compliance with locally adopted codes. The Borough or the City may, on a case-by-case basis, request from the building official approval to use alternative personnel for ensuring that public construction projects meet adopted codes. The building official may deny approval for the use of alternative personnel based on the lack of appropriate qualifications of the personnel. All code compliance inspection reports or similar records generated for public construction projects shall become part of the building file maintained in the building inspection program office. If approval is granted by the building official for the use of alternative personnel, a permit fee will not be charged for the portion of the project inspected by the alternative personnel; however, the value of any portion of a public construction project inspected by alternative personnel will be included in the project owner's portion of the permit value calculations for building inspection program operations. If building inspection program staff perform code compliance inspections for a public construction project, then the project will be charged the applicable building permit, electrical permit, or plumbing permit fees, and the project or portion of the project inspected will not be included in the permit value calculations for building inspection program operations. The cost of the building inspection program will be split equally between the City and the Borough. Payments by the Borough shall be made promptly upon billings submitted by the City. 3. The Borough Community Development Department will work with the City Department of Building Safety to ensure adherence to this MOA is implemented. This MOA is not intended to replace current day-to-day communications between staff, which are encouraged to continue. All policy issues, whether City, Borough, or joint, will be referred to the Borough Manager and City Manager for joint resolution. A. The MOA for zoning compliance is incorporated, in total, in this MOA and is labeled Appendix A. B. The MOA for the building fire safety inspection program for the Kodiak road system is incorporated, in total, in this MOA and is labeled Appendix B. 4. The Borough and the City shall review and revise their respective Building Codes and maintain identical regulations that include, but are not limited to, the following: A. Building Code; B. Electrical Code; C. Plumbing Code; D. Mechanical Code; E. Fuel Gas Code; F. Fire Code; G. Ordinances providing for fire safety review and approval of plans and specifications, and the enforcement of state fire statutes and regulations; I. Building Valuations; and J. Standard plans to address the common projects most often requiring engineering. Page 2 of 6 5. The Borough shall adopt an ordinance that requires the identification of lot corners in the field prior to commencement of construction. 6. Insurance A. The City shall provide liability insurance. Upon request the City shall provide the Borough with evidence of the insurance coverage in force. If the Borough should conclude that the insurance coverage obtained by the City is inadequate to protect its interest, the Borough shall give the City written notice of its concerns and shall request that the insurance coverage maintained by the city be broadened or increased in certain particulars. B. Any liability insurance policy obtained by either the City or the Borough shall contain a waiver of all subrogation claims against the other party. C. The Borough agrees to indemnify and hold the City harmless from any and all uninsured claims or damages arising out of actions or omissions of the staff of the building inspection program which are associated primarily with implementation of this agreement with respect to property lying outside of the City and the City agrees to indemnify and hold harmless the Borough from any and all uninsured claims or damages arising out of actions or omissions of the staff of the building inspection program which are associated primarily with implementation of this agreement with respect to property lying within the City. 7. The Borough and the City shall separately assume any legal costs associated with building inspection program enforcement within their respective jurisdictions. B. It is the responsibility of the building inspection program staff to initiate Borough and City building and related code updates. All Borough and City code revisions that may affect the building inspection program shall be provided to the building official for review and comment. 9. Standard Plans -The City and the Borough will jointly develop and pay for engineering designs for small residential construction projects that are similar in nature that cannot be built prescriptively under the building code. Total annual cost shall not exceed $15,000 annually, to be split evenly between the parties. The Managers will work together to determine the plans to be developed. 10. This agreement may be terminated by either party upon ninety (90) days advance written notice to the other party. Term of Agreement This agreement shall re ain in effect from the date of signing until June 30, 2023. Dated this3 day of/VQL4 , 2018 KODIAK ISLAND BOROUGH CITY OF KODIAK ZONING COMPLIANCE PROGRAM Appendix A of the Building Inspection Program MOA On March 1, 1984, the Kodiak Island Borough (Borough) and the City of Kodiak (City) established a coordinated procedure for the enforcement of zoning regulations within the city limits. This Appendix replaces the original Zoning Compliance MOA of 1984, and provides a procedure for the inspection of zoning requirements through the building inspection program. Objectives 1. To provide zoning compliance inspections in conjunction with building inspections as stated in the points of agreement. 2. To ensure a coordinated and consistent zoning compliance inspection program. 3. To provide a specific and acceptable process that defines the responsibilities of the Borough and the City for implementing zoning compliance inspections as a function of the building inspection program. Points of Agreement 1. No building permit will be issued without written zoning authorization from the Borough, except as may be otherwise provided for in the Borough Code. 2. Written zoning authorization by the Borough will be on a form provided by the Borough and printed in a format mutually agreed to by the City and the Borough. The format shall include at a minimum the following information: A. property corner markers with identification or other acceptable markers must be in place and available for verification of setback distances; and B. applicant acknowledgment that the information provided on the authorization is correct, and that the applicant agrees to comply with all ordinances and laws regulating zoning compliance. 3. The written zoning authorization will be specific in its identification of regulations that require compliance, including any approvals or conditions specified by the Borough Planning and Zoning Commission. 4. While conducting site inspections as part of the building inspection process, it will be the responsibility of the Department of Building Safety staff to note all violations of the written zoning authorization and to inform both the applicant and the Borough Community Development Department of any violations including, but not limited to, the following: a. setback requirements; b. height restrictions; c. off-street parking requirements and development standards; and d. permitted uses. 5. In cases of confusion or conflict between the applicant and the building inspection program staff over either the written zoning authorization or the imposition of specific zoning regulations, the issue will be brought to the Community Development Department for resolution. Page 4 of 6 6. In cases when there are violations of both the zoning and building codes, the Community Development Department and Building Inspection Program staff shall engage in joint signatures on violation letters and joint site inspections. Page 5 of 6 FIRE SAFETY INSPECTION PROGRAM Appendix B of the Building Inspection Program The Kodiak Island Borough and the City of Kodiak have established and will continue to operate, a coordinated fire safety inspection program throughout each respective jurisdiction. Objective To enforce State fire safety laws as established in AS 18.70 and AS 18.72 and all regulations adopted pursuant to these statutes through a local fire safety program. Points of Agreement 1. It will be the responsibility of the City of Kodiak Fire Department to administer and enforce the requirements of the fire safety program on the contiguous Kodiak road system. 2. Additional inspections requested by the Borough will be scheduled in as timely a manner as possible by the City Fire Department. 3. The Borough shall be financially responsible for the fire safety inspection program outside the boundaries of the City. 4. This agreement will adhere to the requirements of the City of Kodiak's deferment from the State of Alaska Fire Marshall and as outlined in AS 18.70 and 18.72 Page 6 of 6