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17 - Amend Residency Requirement for Building Board of AppealsItem No. 17 Memorandum TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development Duke McGee, Building Official SUBJECT: Consider and Adopt Amendment to the City Code Removing a Residency Requirement for Council Appointment to the Building Board of Appeals DATE: April 24, 2023 BACKGROUND The newly adopted updates for the 2021 ICC Building and Fire Codes, including the local amendments created a conflict with the current City Code Section 4.02.002 (a) which requires that: "The appointed members shall be residents ofor own or operate businesses located ivithin the city and shall not be employees cif the city." This required residency provision for appointment by the City Council to this board conflicts with the newly adopted 2021 Codes best practices which is not based upon a residency requirement, but rather upon training and qualifications within the specific technical area(s) of expertise. Community Development and Fire Department Staff believe that certain qualifications under these required duties, roles and responsibilities will be very difficult to find from within the City of Paris corporate boundary. There is a concern with being able to 1) find the full slate of required professionals needed to fill this Board living within Paris and 2) the lack of there being many professionals in a certain field may create instances of conflict of interests. A specific example from the newly adopted International Building Code (IBC) cites as follows: Section B 101.3.6 states: "A member with any personal, professional or financial interest in a matter before the board shall declare such interest and refrain from participating in discussions, deliberations and voting on such matters." The concern regarding this safeguard relates back to the qualifications of the Building Board of Appeals appointments requiring that they have professional experience, training, licensing and expertise in the various trades. The attached amendment will make all references to this residency requirement consistent within both documents and give us the greatest chance of filling these positions with candidates having the required qualifications. RECOMMENDATION Staff recommends approval of the ordinance amendment to the City Code removing a residency requirement for Council Appointment to the Building Board of Appeals. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 4, "BUILDING REGULATIONS," SECTION 4.02.002(a), OF THE CITY OF PARIS, TEXAS CODE OF ORDINANCES TO DELETE THE RESIDENCY REQUIREMENT FOR SERVING ON THE BUILDING BOARD OF APPEALS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, AND A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 4.02.002 provides for a Building Board of Appeals to hear and decided appeals of orders and decisions or determinations by the building official or fire marshal relating to the application and interpretation of the technical provisions of the city's adopted building and fire codes as relates to commercial and residential construction in the city; and WHEREAS, the City Council of the of Paris has recently adopted the 2021 editions of the International Building Code, the International Fire Code, the International Existing Building Code, the International Residential Code, the International Fuel Gas Code, the International Plumbing Code and the International Mechanical Code as well as the 2020 Edition of the National Electrical Code, each of which prescribes the requirements and qualifications for service on a Building Board of Appeals, which qualifications do not contain a residency provision nor a requirement that a member, if not a resident, own a business within the city; and WHEREAS, because Paris is a small community, the existence of a residency or business ownership requirement for membership on the Building Board of Appeals has made it extremely difficult to constitute this board; and WHEREAS, the City Council, taking into consideration the above and wishing to eliminate any inconsistencies between Sec. 4.02.002 and the City's adopted building and fire codes, finds it to be in the best interest of the city to eliminate the residency and business ownership requirements for service on the Building Board of Appeals; Page 1 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS THAT: Section 1. The findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. Section 4.02.002 (a) of the Code of Ordinances shall be amended to delete the residency and alternative business ownership or operation requirements for service on the Building Board of Appeals, and shall read as follows: "4.02.002 Building board of appeals. (a) Created, composition. There is hereby created a board to be known as the building board of appeals. The board shall be composed of five (5) regular voting members who are appointed by the city council and that are qualified through their individual experience to pass upon matters pertaining to building and fire code related issues. The city council shall also appoint two (2) alternate members to serve in the absence of a regular member. The appointed members shall be residents of er eu n -Ar-- operate businesses leeated t ,4hi the nl+-.T and shall not be employees of the city. The building official and fire code official shall be ex -officio, non-voting members of the board." Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 5. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. That this ordinance shall become effective from and after its passage. Page 2 of 3 PASSED AND ADOPTED on this 24th day of April, 2023. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie Harris, City Attorney Page 3 of 3