July 16, Performance Evaluation and Plan Review, Texas Charter Township

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1 BAUCKHAM, SPARKS, LOHRSTORFER, THALL & SEEBER, P.O. ATTORNEYS AT LAW 458 WEST SOUTH STREET JOHN H. BAUCKHAM KALAMAZOO, MICHIGAN HARRY p. SMITH JOHN K. LOHRSTORFER ROXANNE C. SEEBER TELEPHONE (269) KENNETH C. SPARKS FAX (269) ROBERT E. THALL CATHERINE P. KAUFMAN July 16, 2012 Mr. Michael Sorners, Analyst Office of Administrative Services LARA PO Box Lansing, Ml RE: Performance Evaluation and Plan Review, Texas Charter Township Dear Messrs. Somers: This is to respond to Mr. Poke and Mr. Sommers' communications to the Charter Township of Texas dated We understand that your offices will undertake the first phase of performance evaluation commencing on July 25, 2012 commencing at 9:00 a.m. The Township has no problem with the date and time you have proposed. We look forward to working with you in order to provide as seamless a performance evaluation as possible. If you wish to have the building department pull anything in particular prior to your visit, please let us know. The "Final Decision of the Michigan Construction Code Commission" dated which arrived at the township on July 16 related to the Township's fire hall addition requires the township to: 1. Bring the fire state addition/township hall building into compliance with (the fire wall and sprinkling provisions) of the state construction code. RESPONSE: Our design professional/builder is already working on plans. We understand that we need to submit the plan documents to you for review prior to undertaking the renovations. If so, should they go to Mr. Poke or to Mr. Cordill? Should we transmit them electronically? 2. Submit its plan of action for code compliance to the bureau by no later than July 23, RESPONSE: Same as above. 3. "The R-2 classified portion of the Fire Station Addition/Township Hall Building shall be vacated and shall not be occupied until the identified code compliance issues are resolved and the building passes inspection." RESPONSE: It is the Township's intention at this time to remove the R-2 use from the new addition. Specifically, the Township will remove the sleeping area/rooms and remove them from any occupancy. The township will remove the "residential" occupancy from the building.

2 Michael Sommers July 18 If the current 24-hour 11-day per month shift schedule cannot be met, alternative work schedules and/or off-site sleeping arrangements will be made. The addition houses the fire equipment and offices; as well as the resting areas/sleeping rooms. It is not physically possible to remove the fire station/department to another location; so our intention is to evacuate the "residential" portion until plans are approved and the renovations are completed. The Township believes that it can have the construction completed within 30 days; however, in the mean time, we wish to know whether the non-residential use of the fire department addition can continue. In other words, we are inquiring as to whether the fire department operations need to shut down completely, or is the removal of the residential Use during plan and construction phases a satisfactory temporary resolution? We wish to provide you with our response in order to give the department an opportunity to review and comment on the proposed temporary resolution of the issues. Our response to your initial letter was described as "push back" and "resistance". Please understand that these responses are not intended to be viewed as obstinate. We wish to ensure that our proposed resolutions are both timely and satisfactory. In that vein, we address you hat-in-hand and ready to make the appropriate corrections. Very truly yours, BAUCKHAM, SPARKS, LOHRSTORFER, THALL&SEEBER, P.C. RCS/ch Roxanne C. Seeber Enclosure cc: B. Henderson P. Cutting

3 DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS BUREAU OF CONSTRUCTION CODES CONSTRUCTION CODE COMMISSION 2501 Woodlake Circle Okemos, MI Mailing Date:. Texas Township/Kalamazoo County Performance Evaluation West Q Avenue CCC Document No Kalamazoo, MI FINAL DECISION OF THE MICHIGAN CONSTRUCTION CODE COMMISSION On July 9, 2012, the Construction Code Commission reviewed the report and recommendation from the Bureau of Construction Codes regarding a complaint against the Charter Township of Texas as prescribed in Section 9b (1) of the Stille-DeRossett-Hale Single State Construction Code Act, 1972 PA 230, MCL b (1). The record and all supplemental materials received before the Commission meeting were reviewed. Copies were sent to all parties. This decision is issued pursuant to Section 9b (1) of 1972 PA 230: MCL b (1). FINDINGS AND CONCLUSIONS: The Commission acknowledges receipt and review of the material on this matter at the meeting on the above noted date. Texas Township was. notified on June 21, that this matter would be considered by the Commission. Texas Township officials were present at the meeting. The Commission adopted the report and recommendation of the Bureau of Construction Codes. The Commission concurs with the Conclusions of Law and Recommendation. THEREFORE,.it jsjthe decisi.qn,o thej0.ommissioa_that,the Bureau of Construction..Codes-shalL. conduct a Performance Evaluation of Texas Township's code enforcement program. The following additional stipulations are set forth: 1. The Township shall bring the Fire Station Addition/Township Hall Building into compliance with MBC Sections 903,2,7 and , MMC Sections and in accordance with the report dated June 21, The Township shall submit its plan of action for code compliance to the bureau no later than July 23, The R-2 classified portion of the Fire Station Addition/Township Hall Building shall be vacated and shall not be occupied until the identified code compliance issues are resolved and the building passes inspection.

4 FINAL DECISION Texas Township Performance Evaluation CCC Document No Page 2 of3 The Township is-advised that, pursuant to Section 9b (3) of the Act, failure to comply with the recommendations- resulting:'from 'a perfofrnance'evaluation may result in the issuarice;;of a Notice of Intent-to" Withdraw''Code'Adniinistfalipn' and Enforcement Responsibilities from the Township. ' ' ' " " irvrnj.poke,aia Director, Bureau of)'coristruction Codes

5 FINAL DECISION Texas Township Performance Evaluation CCC Document No Page 3 of 3 PROOF OF SERVICE I hereby state, to the best of my knowledge, information, and belief, that a copy of-the foregoing document was sewed on this date upon all parties and/or, attorneys of record in this matter by to those parties employed by the State of Michigan and by first class mail to the remaining parties at their respective addresses as disclosed below. i, Secretary - Office of Administrative Services Bureau of Construction Codes ' Date David Healy, Supervisor 7110 West Q Avenue Kalamazoo,MI Linda Kerr3 Clerk 7110 West Q Avenue Kalamazoo, MI Bill Henderson, Building Official 7110 West Q Avenue.Kalamazoo, MI Keith Lambert, Deputy Director Bureau of Construction Codes Deborah Young, Director, OAS ' Bureau of Construction Codes Michael Somers, Analyst, OAS Bureau of Construction Codes

6 STATE OF MICHIGAN RICKSNYDER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS' STEVEN H. HILFINGER GOVERNOR BUREAU OF CONSTRUCTION CODES DIRECTOR IRVIN J. POKE DIRECTOR July 12, 2012 Mr. David Healy, Supervisor 7110 West Q Avenue. Kalamazoo, MI RE: PE Dear Mr. Healy: On July 9, 2012, the State Construction Code Commission approved a recommendation to conduct a performance evaluation of the ' construction code program and an order requiring the Township to submit a plan of action to bring its Fire Station Addition into compliance with the code. The Commission's decision is attached containing the deadline for submission of the action plan. The performance evaluation will be conducted in.two' phases. First will.be a review of all official records and documents relating to applications for permits, construction permits, inspection records, correction notices, orders to' stop"construction, and certificates 'of use and occupancy. Additionally, all administrative procedures, code enforcement procedures, and record keeping procedures will be reviewed and evaluated.. Bureau staff will perform interviews with Township enforcing agency personnel, and will perform random reviews of construction plans on file. This component of the evaluation.will be conducted on Wednesday July 25, 2012, starting at 9:00 a.m. As a second component of the evaluation, the bureau's Senior State Building,.Electrical, and Mechanical Inspectors will accompany the Township's enforcing agency personnel on inspections of randomly and specifically selected projects. This will occur on a mutually convenient date to be determined subsequent to the initial administrative review. It is requested that the Township's inspectors prepare a list of regularly scheduled inspections for that date. Upon completion of the two phases of the evaluation, a report will be prepared' which will include the findings from the evaluation and recommendations for necessary program improvements. A copy will be provided to you, the Township Clerk, and the State Construction Code Commission. ". Providing for Michigan's Safety in the Built Environment LARA is an equal opportunity employer Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities. P.O. BOX LANSING, MICHIGAN Telephone (517) Fax (517)

7 Mr. David Healy Page 2 July 12, 2012 The intent of this evaluation is to assist the Township in the administration and enforcement of the code and identify program deficiencies. The bureau will work with the Township to resolve any identified areas of concern and achieve compliance with the Act and the codes being enforced. It is requested that you provide our office with confrrmation of the date of Wednesday July 25, 2012, to conduct the initial portion of the evaluation. I look forward to working with the Township during the performance evaluation process. If you have questions, you may contact me at (517) Sincerely, Michael Somers, Analyst Office of Administrative Services MDS/ms cc: Linda Kerr, Clerk, Bill Henderson, Building Official, Harold Cirino