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City Attc *y
Citv of Fort Collins
M E M O R A N D U M
DATE: July 24, 1991
TO: Tom Peterson, Director of Planning
FROM: W. Paul Eckman, Deputy City Attorney
RE: New Post Office
Tom, I told you the other night about a federal law that I had
discovered that pertains to the construction of federal buildings
and compliance with local building codes, zoning laws, local fees,
etc. It is found at 40 U.S.C.S. §619, and a copy is attached. You
will notice that we have some rights of consultation and review,
but pursuant to paragraph (e), we have no remedy in the event that
the United States should fail to meet the requirements of the
section. Also, pursuant to paragraph (f), we cannot charge any
fees or require the United States to pay any amount of money for
reviewing plans, doing inspections, etc. Overall, the law is
better than nothing. Has the United States complied with it?
WPE:whm
Attachment
300 LaPorte Avenue • P. O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6520
40 UF�S § 617 PUBLIC" ILDINGS, PROPERTY, WORKS
possession a notice of assignment to take effect upon acceptance thereof, or in such other manner as may
be prescribed by the laws of the State, commonwealth, territory, or possession in which such lands or
interests in lands are located.
(Sept. 9, 1959, P. L. 86-249, § 19, as added Nov. 17, 1988, P. L. 100-678, § 5 in part, 102 Stat. 4050.)
§ 618. Special rules for leased buildings
(a) Specifications. Notwithstanding the provisions of section 210(hxl) (40 USCS § 490(hxl)) of the
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Federal Property and Administrative Services Act of 1949, the Administrator shall not make any
agreement or undertake any commitment which will result in the construction of any building which is
to be constructed for lease to, and for predominant use by, the United States until the Administrator has
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established detailed specification requirements for such building.
(b) Competitive procedures. The Administrator may acquire a leasehold interest in any building which is
constructed for lease to, and for predominant use by, the United States only by the use of competitive
procedures required by section 303 of the Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253).
(c) Inspections. The Administrator shall inspect every building to be constructed for lease to, and for
predominant use by, the United States during the construction of building in
such order to determine
that the specifications established for such building are complied with.
(d) Enforcement. (1) Post -construction evaluation. Upon completion of a building constructed for lease
to, and for predominant use by, the United States, the Administrator shall evaluate such building for
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the purpose of determining the extent, if any, of failure to comply with the specifications referred to
in subsection (a).
(2) Contract clause. The Administrator shall ensure that any contract entered into for a building
described in paragraph (1) shall contain provisions permitting a
reduction of rent during any period
when such building is not in compliance with such specifications.
(Sept. 9, 1959, P. L. 86-249,
§ 20, as added Nov. 17, 1988, P. L. 100.678, § 5 in part, 102 Stat. 4050.)
§ 619. Compliance with nationally recognized codes;
(a) Building codes. Each building constructed or altered by the General Services Administration or any
other Federal agency shall be constructed or altered, to the maximum extent feasible as determined by
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the Administrator or the head of such Federal agency, in compliance with one of the nationally
recognized model building codes and with other applicable nationally recognized codes. Such other codes
shall include, but not be limited to, electrical codes; fire and life safety codes, and plumbing codes, as
determined appropriate '-�y the Administrator. In carrying out this subsection, the Administrator or the
head of the Federal agency authorized to construct or building
alter the shall use the latest edition of the
nationally recognized codes referred to in this subsection.
(b) Zoning laws. Each building constructed or altered by the General Services Administration or any
other Federal agency shall be constructed or altered only after consideration of all requirements (other
than procedural requirements) of—
(1) Zoning lawsrand
(2) lawn relating to landscaping, open apace, minimum distance of a- building .from the property line,
maximum height of a building, historic preservation, and esthetic qualities of a building, and other
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of a State or apolitical subdivision of a State which would apply to the building if it were not- a building
constructed or altered by a Federal agency.
(c) Special rules.—{1) State and local government consultation, review, and inspections. For purposes.of
mating the requirements of subsections (a) and (b) with respect to a building, the Administrator
or
the head of the Federal agency authorized to construct or alter the building shall —
(A) in prang plans for the building, oonsult with appropriate officials of the State or political
subdivision, or both, in which the building will be located;.
(B) upon request, submit such plans in a timely manner to such officials for review by such
officials for a reasonable period of time not exceeding 30 days; and
(C) permitinspection by such officials during construction or alteration of the building, in
accordance with the customary schedule of inspections for construction or alteration of buildings
in the locality, if such officials provide to the Administrator or the head of the Federal agency, as
the case may be—
(i) a copy of such schedule before construction of the building is begun; and
(ii) reasonable notice of their intention to conduct any inspection before conducting such
inspection.
(2) Limitation on state responsibilities. Nothing in this section shall impose an obligation on any State
or political subdivision to take any action under paragraph (1).
(d) State and Local Government Recommendations. Appropriate officials of a State or a political
subdivision of a State may make recommendations to the Administrator or the head of the Federal
agency authorized to construct or alter a building concerning measures necessary to meet the require-
ments of subsections (a) and (b). Such officials may also make recommendations to the Administrator or
the head of the Federal agency concerning measures which should be taken in the construction or
alteration of the building to take into account local conditions. The Administrator or the head of the
Federal agency shall give due consideration to any such recommendations.
(e) Effect of noncompliance. No action may be brought against the United States and no fine or penalty
may be imposed against the United States for failure to mat the requirements of subsection (a), (b), or
(c) of this section or for failure to carry out any recommendation under subsection M.
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