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section 103.2
May 10, 2018
10:36 am
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dansdesigns@mydurango.net
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K,

First, thanks for the replies. 

I did not mention that Bayfield is where I live, but I was employed in the small Town of Ignacio, CO.  The Town has specific Ordinance that states very clearly " The Building Official shall be appointed by the Town Board".   For some reason the Town Manager, and the Town Trustees, do not need to comply with their adopted Ordinances (there is more than one).  The issue arose after I cited the Town for violation of exiting requirements from the Town Community room, where they hold their public meetings, as well as lease the space out to other entities who need meeting space.  The Town has no grievance policy to take the issue directly to the Town Board members, it stops with the Town Manager.  The TM was VERY upset that I would cite the Town for Code violations and was adamant that he would not allow them to appoint a Building Official as it "would make it difficult to control and fire the employees".  I looked to pursue a legal means by which to get them to comply, but without a source of revenue at this time, it is very costly in legal fees, not to mention all the negativity that goes along with it.  I have considered going to the press, as I know that the Town residents would be very upset to hear of the double standard, but I live in a small community/County and feel that I am better off moving on and re-establishing my Architecture practice.

Thanks again for your detailed response and I look forward to further conversation in the future.

Dan

April 28, 2018
11:32 am
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ksparks@amadorgov.org
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Hey Dan,

    The Town of Bayfield should update their code section references on their website to reflect the 2015 ICC code adoptions as well, but I don't think I would mention that to them if I were you. Wink

April 28, 2018
11:27 am
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ksparks@amadorgov.org
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In reviewing the Town of Bayfield's municipal code, building dept. documents, planning dept. docs. and public works docs., it appears that the Building Inspector is the Building Official. The municipal code designates the procedures for the planning dept. official and the public works official. It didn't actually designate the procedures for determining fire official or building official. The town manager seems to have some of the building official duties in regards to refunds. The documents provided seem to indicate the Town of Bayfield has building official duties as well. There is only one reference to an actual designated "building official" that I found in all of the related municipal codes and documents. It occurs on the official building permit application at the bottom and it states, "The issuance of permit based upon plans, specifications and other data shall not prevent the "building official" from thereafter requiring the correction of errors in said plans. The document has only two signature lines besides the applicant's for approval, the Town of Bayfield Planning Dept. and the Town of Bayfield Building Inspector. That tells me that the building official is the building inspector. One other thing worthy of mention is that the Town of Bayfield has adopted the 2015 codes, so even though the 103.2 code reference is similar in requirements, you should reference the current codes adopted by your jurisdiction. Don't think this will help you get your "at will" job back, but I hope it helps a little. K  

April 28, 2018
9:47 am
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dansdesigns@mydurango.net
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Update.  Last week I was terminated for informing the Town trustees of their requirement to appoint a Building Official.

Apparently I was insubordinate in disobeying the Town managers instructions.

FYI at will employees have no 1st Amendment or 14th Amendment rights.

live and learn.

Anyone need an Architect with municipal experience?

April 21, 2018
11:50 am
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dansdesigns@mydurango.net
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Thank you for your response.

April 20, 2018
3:33 pm
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fgrable@iccsafe.org
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The I-Codes are required to be written in mandatory language. This means that "shall" must be used in sentences to enable the code to be enforceable by law. It really doesn't matter why the building official must be appointed....The code is adopted into law by the Jurisdiction and thus, the Jurisdiction must follow the law. If the Jurisdiction wants to do something different, then the law needs to be changed through the Jurisdiction's process. 

April 19, 2018
5:40 pm
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dansdesigns@mydurango.net
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Joe the following is a quote from the 2003 IBC section 103.2 - Appointment.  The building official shall be appointed by the chief authority of the jurisdiction.

Hope that helps

April 19, 2018
5:27 pm
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joesupulski@gmail.com
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You cite section 103.2, but of what Code? What Adoption Ordinance? What Law?

Section 103.2 of what?

 

Can't help unless someone knows of what you speak...

April 19, 2018
5:13 pm
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dansdesigns@mydurango.net
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I am having a disagreement with the Town Administrator.

After our recent elections and after swearing in the new Board members, the next order of business is to appoint Town officers.  Per section 103.2, the Building Official is to be appointed by the authority of jurisdiction.  The Town Administrator states that appointments interfere with his ability to control his employees.  I pointed to the word shall   and stated it was not up t him....boy did that start an argument.

Question is why shall the Building Official be appointed.  Anyone know the answer?  My response was so the he may do his duties without interference or intimidation from the T.A.

Any assistance would be greatly appreciated.