HomeMy WebLinkAboutRes 2008-09RECEIVED
FEB 2 7 2008
O ' Fire, Building & Life Safety RESOLUTION NO. 2008 -09
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, REPEALING RESOLUTION NO. 2006 -45
AND APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN
THE TOWN OF FOUNTAIN HILLS AND THE OFFICE OF STATE FIRE
MARSHAL RELATING TO FIRE INSPECTION SERVICES.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. That Resolution 2006 -45, approving the Intergovernmental Agreement (the
"Agreement") between the Town of Fountain Hills and the Office of State Fire Marshal within
the Arizona Department of Building and Fire Safety relating to the provision of fire inspection
services, is hereby repealed.
SECTION 2. That the Memorandum of Understanding (the "MOU ") between the Town
of Fountain Hills and the Office of State Fire Marshal within the Arizona Department of
Building and Fire Safety relating to the provision of fire inspection services is hereby adopted in
the form attached hereto as Exhibit A and incorporated herein by reference.
SECTION 3. That the Mayor, the Town Manager, the Town Clerk and the Town
Attorney are hereby authorized and directed to cause the execution of the MOU and to take all
ILI steps necessary to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, February 2008.
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FOR THE
W. J'
REVIEWED BY:
FOUNTAIN HILLS:
Kathleen M. Zanon, Interim Town Manager
806868.1
ATTESTED TO:
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APPROVED AS TO FORM:
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Andrew J. McGuire, Town Attorney
EXHIBIT A
TO
RESOLUTION NO. 2008-09
[Memorandum of Understanding]
See following pages.
806868.1
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is between the Arizona Office of State Fire
Marshal and the Town of Fountain Hills Fire Department concerning the review of
plans for construction, remodeling, alterations and additions (collectively referred to as
"plans") of state, county and public school buildings and grounds [A..R.S.§ 41- 2163(C)J
and the inspections performed in conjunction therewith; as well as regularly
scheduled inspections of state and county owned buildings and all public and private
schools [A.R.S.§ 41 2163(A)(4)j.
><. RECITALS
A. Whereas the State has adopted the International Fire Code 2003 edition
as modified by A.A.C. R4 -36 -201 as the Arizona State Fire Code, and all
Fire Departments and Fire Districts must comply with the Arizona State
Fire Code or a code adopted by the controlling political subdivision which
is equivalent to or more stringent than the Arizona State Fire Code
(collectively referred to as "Fire Code ").
B. Whereas the Fountain Hills Fire Department has personnel who have
exhibited the necessary proficiency in the understanding, interpretation
and application of that Fire Code, and
C. Whereas the Arizona Office of State Fire Marshal is charged with
conducting regularly scheduled inspections of state and county owned
building and public and private schools throughout Arizona, and
D. Whereas the Arizona Office of State Fire Marshal is charged with the
review of plans and specifications for new construction, remodeling,
Alterations and additions and performing inspections in conjunction
therewith for state, county and public school buildings and grounds, and
E. Whereas the Fountain Hills Fire Department and Arizona Office of State
Fire Marshal desire to cooperate in the duties which each is charged to
conduct.
II. TERMS
A. The Arizona Office of State Fire Marshal agrees to allow the Fountain
Hills Fire Department to conduct review of plans for construction,
remodeling, Alterations and additions of state, county and public school
buildings on behalf of the Office of State Fire Marshal and complete any
inspections required in conjunction therewith.
B. The Arizona Office of State Fire Marshal agrees to allow the Fountain
Hills Fire Department to conduct regularly scheduled inspections of state
and county owned buildings and all public and private schools on behalf
of the Office of State Fire Marshal.
C. The Fountain Hills Fire Department agrees to submit to the Office of
State Fire Marshal, on a quarterly basis, but not later than July 31,
October 21, January 31 and April 30, a list of each county and state
owned facilities and schools for which the Fountain Hills Fire
Department has reviewed and approved plans for new construction,
remodeling, alterations and additions and /or performed an inspection.
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D. The Fountain Hills Fire Department agrees to submit to the Office of
State Fire Marshal on a quarterly basis, not later than July 31, October
21, January 31 and April 30, a list of inspections of county and state
owned facilities and schools to which the Fountain Hills Fire Department
conducted a regularly scheduled inspection.
E. In the course of completing its review or inspection, the Fountain Hills
Fire Department may transmit the information either, electronically or by
mail.
F. At a minimum, all reports shall include the same information as the
attached Notification of Inspection form. The Fountain Hills Fire
Department may use the attached Notice of Inspection form approved by
the Arizona Office of the State Fire Marshal or any other form which
contains the equivalent information. Original forms and supporting
documentation shall be kept by the Fountain Hills Fire Department for a
period of 5 years after completion of the inspection and subject to audit
by the State Fire Marshal.
G. Any costs incurred by Fountain Hills Fire Department to implement this
Memorandum of Understanding shall be borne by the Fountain Hills Fire
Department-
H. Fountain Hills Fire Department may collect such fees as permitted by its
political subdivision. Any funds collected by the Fountain Hills Fire
Department to implement this Memorandum of Understanding are made
under the authority granted to that jurisdiction and are not subject to
attachment by the Arizona Office of State Fire Marshal.
1. This Memorandum of Understanding does not grant the authority to
inspect installation or removal of underground fuel storage tanks. That
task remains the sole authority and responsibility of the Arizona Office of
State Fire Marshal as granted by the Arizona Department of
Environmental Quality. The State Fire Marshal recognizes some Fire
Departments have a separate agreement to perform such inspections for
Arizona Department of Environmental Quality.
J. This Memorandum of Understanding may be terminated by either party
upon 30 -days written notice to the other party.
A 1�FIRE MARSHAL / l/
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Printed Name: �1 C M-6<-6
Foun6in Hills Fire Department
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