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HomeMy WebLinkAboutBuilding Board of Appeals 2014 Minutes Scott, Tracy From: Bennett,Jim Sent: Wednesday, March 04, 2015 9:12 AM To: Scott, Tracy Subject: RE: Schedule You should have minutes for 3/11/14, 7/9/14, and 8/12/14.The 10/14/14 Minutes have not yet been approved since we haven't met since then, so you may not have a copy of those. Jim Bennett, C.B.O. Building Official Building Safety Office Manager Building Safety Office City of Lansing 316 N. Capitol Ave., Suite C-1 Lansing, MI 48933-1238 (517)483-4155 (517)377-0169 Fax Building Safety Office Customer Service Counter Hours Monday through Friday 8:00 AM to 4:30PM Web Page http://plandevelopment.cityoflansingmi.com/bldgsafety/ CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email is intended for use only by the person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. From: Scott, Tracy Sent: Wednesday, March 04, 2015 8:50 AM To: Bennett, Jim Subject: Schedule Good Morning Jim, Is it possible to get a copy of the 2014 meeting schedule, for the Building Board of Appeals? I am comparing minutes and dates. If so, it would be greatly appreciated. Tracy O 01 L,A`�`sf DEPARTMENT OF PLANNING AND ... : NEIGHBORHOOD DEVELOPMENT 316 N.Capitol Avenue, Suites C-1 • Lansing MI 48933-1238 (517)483-4355•FAX: (517)377-0169 BUILDING SAFETY OFFICE Virg Bernero, Mayor OFFICIAL PROCEEDINGS OF THE CITY OF LANSING BUILDING BOARD OF APPEALS Held at 316 N. Capitol Ave. at 2:00 pm March 11 , 2014 The March 11, 2014 meeting of the City of Lansing Building Board of Appeals was called to order at 2:04 PM. by Vice Chairman James Drake. The following members were in attendance: James Drake, Vice Chairman Barry Wood Chad Powers Members Absent: Excused Absence — Don Heck, Chairman Staff Present: Brad Drury, Fire Marshal Jon Snyder, Plan Review Analyst s- �7 Petitioners Present: Colin Maguire, � r� C; Kevin Roragon c-) f` Stanley Samuel, -�- C-' f Public Present: None 1s o James Drake (DRAKE) asked for the approval of the November 12, 2013 meeting minutes with corrections made from Don Heck. Barry Wood (WOOD) made a motion to approve the minutes. Motion seconded by Chad Powers (Powers). Motion carried unanimously. Old Business: None New Business: Case No.: Address: Petitioner: BBA-001-2014 6527 South Cedar Street Wolverine Development (These minutes of the Building Board of Appeals are not intended to be a transcript.) DRAKE introduced the case number and address. DRAKE then asked the petitioners to introduce themselves and state their case. Colin Maguire (MAGUIRE), Stanley Samuel and Kevin Roragon introduced themselves. MAGUIRE explained that they have three main arguments that would explain why requiring fire sprinklers in the building is not necessary. 1 The first being in the 2009 Michigan Building Code (MBC 2009) excludes mattresses and states that there is a reason for this. Secondly, the 2012 International Building Code (IBC 2012) does address mattresses and under this code the new building would not have to be sprinkled under the square footage requirements. The requirements for a mercantile occupancy for the display and sale of upholstered furniture or mattresses exceeding 5,000 square feet are required to be sprinkled under IBC 2012. MAGUIRE also stated that considering the 2009 International Building Code (IBC 2009) in conjunction with the 2012 International Fire Code (IFC 2012), there is a case that shows the same consideration for the size of the building and that there is no intention for a fire suppression system to be installed in a store this small. MAGUIRE references an exhibit that was given out detailing the Consumer Product Safety Commission (CPSC) approving a standard for mattresses flammability. The federal standard went into effect July 1, 2007. MAGUIRE states that the MBC 2009 excluded mattresses for the reason that fire safety precautions were given to mattresses and not upholstered furniture. MAGUIRE directed the Boards attention to a handout that poses a code question to John England with England Enterprises Incorporated. The question asks which of the following will not be required to be sprinkled? The answer shown states the mattress store that is 10,000 square feet does not need to be sprinkled. The answer cites that the CPSC does not see mattresses as upholstered furniture. MAGUIRE cites a state building code interpretation of an amended code section from Yakima, Washington. The hand out given was a draft that showed that if a mercantile occupancy that sold upholstered furniture had a display area that exceeds 5,000 square feet then a fire suppression system will be needed. Also, a storage occupancy that is used for the storage of upholstered furniture that exceeds 2,500 square feet, a fire suppression system will be needed. This conclusion was based on the amended IBC 2009 and IFC 2009. MAGUIRE stated that the new building is under the square footage required to trigger the building being sprinkled under the IBC 2012 and IFC 2012. MAGUIRE requested reconsideration from the Building Board of Appeals on the city's decision to require the building to be sprinkled under the MBC 2009. MAGUIRE stated the intent of the MBC 2009 was not to have a fire suppression system installed in a mattress store this small. Fire Marshal Brad Drury (DRURY) asked MAGUIRE on what grounds are mattresses excluded from the code. MAGUIRE says the MBC 2009 does not say "mattresses" because of the 2006 CPSC ruling. MAGUIRE references the Sleep Doctor document in Kentwood Michigan that came to the same conclusion with the Fire Chief that they are asking for. DRURY states that MAGUIRE is stating the intent of the code and asks MAGUIRE that without being a code official how would he know the intent. 2 MAGUIRE references the Sofa Mart fire in South Carolina that killed 9 fire fighters. MAGUIRE states the store had display space of 42,000 square feet and 17,000 in storage space. MAGUIRE states the IBC 2012 took this into consideration and this is why smaller buildings are not required to be sprinkled under the IBC 2012. DRURY references three separate fires that he was involved with that were mattress stores that were total losses. DRURY states that typical storage areas for mattresses are covered with high density plastic. It is this packaging that adds to the fuel load and over takes the ability of the fire retardant mattresses to suppress a fire. It is this high spread level that is the reason that has killed fire fighters all over the country for years and years. DRURY references a local fire of Discount Dave's on South Washington. The building of over 6,000 square feet was a total loss. The storage portion of the building that held the mattresses where the fire was started was not even 3,000 square feet. The owner confirmed the mattresses were fire retardant and flame resistant to the new standard. MAGUIRE references a set of given drawings of the new building and shows the 1 hour rated walls separating the building into 2 tenants and separating the storage portion in the proposed mattress store. MAGUIRE states this would hopefully prevent a total loss if a fire happened. Plan Review Analyst Jon Snyder (SNYDER) notes for the Board that the CPSC federal standard is in reference to R3 occupancies being specifically 1 and 2 family dwellings. The standard references smokers in their residence in bed not mattresses in a mercantile occupancy and possibly covered with plastic. DRURY states that there are municipalities that are not adopting the IBC 2012 due to discrepancies. DRURY reiterates that the three fires that he has been a fire fighter on that involved mattresses were total losses just at the time the fire department arrives on scene. The fire at Washington Avenue and West Barnes Avenue is 3 blocks away from a fire station and by the time of arrival the fire was through the roof. The square footage was approximately 2,500 to 3,000 square feet. This location had furniture and mattresses. DRURY expresses the fuel load will overtake the fire retardant mattresses. Board Member Barry Wood (WOOD) asks when the 2012 Michigan Building Code (MBC 2012) will come out. SNYDER answers it has been reported by the State possibly this summer. WOOD states and we don't know what it says regarding this issue? SNYDER not until Michigan adopts it. DRURY stated that Michigan always puts amendments in it. This very issue will be lobbied very hard by the Fire Service and Michigan Fire Inspector Society to not allow this issue into the (MBC 2012). WOOD questioned if that was speculation. 3 DRURY stated that this is very good speculation being that he is a member of the association. MAGUIRE stated the current adopted code MBC 2009 does not mention mattresses and asks for the reversal of the decision of the city based on this exclusion. DRURY stated that any code ever written cannot be written for every single piece of furniture or scenario. This why the code requires interpretation by the Building Code Official (Jim Bennett) and the Fire Code Official. In this case Jim Bennett, Jon Snyder and I are under the same opinion. SNYDER the code is subject to interpretation. I think the MBC 2009 does not exclude mattresses, in fact I feel the MBC 2012 demonstrates the inclusion. Because the MBC 2012 code states "upholstered furniture or mattresses". Therefore the intent of MBC 2009's was to include mattresses. DRURY mentioned that usually where there is an "or" it means encompasses all. SNYDER in fact when I was doing the plan review Brad was asked about mattresses being upholstered furniture and without hesitation the answer was yes. MAGUIRE does not agree with the city's interpretation. It was common enough knowledge to be on a professional development question and does not include mattresses. MAGUIRE if we are to consider the plastic around the mattresses then we might consider the quality and age of the building. New construction with new one hour walls to be in place. As opposed to older buildings with tinder including the structural materials themselves. MAGUIRE we don't think this applies under the MBC 2009 and mattresses are specifically excluded. We respectfully request the Board go with this interpretation and reverse the city's opinion. DRURY referred to section "209.9 Matters Not Provided For" in the Fire Code: The requirements that are essential for public safety of an existing or proposed activity, building structure, or for the safety of occupants thereof. Which are not specifically provided for by this code shall be determined by the Fire Code Official. The Building Code is the same way. DRURY stated that he has looked into the testing of the mattresses. They are designed, as Jon pointed out, designed for people to fall asleep smoking. WOOD verified when the packaging is not on it. DRURY exactly. WOOD stated that, that goes with a lot of fires and storage of equipment. It is the packaging that is often more of a problem than the product. WOOD makes the motion for application of appeal to be denied. Based on the fact that we are not currently under the MBC 2012 and don't know what amendments will contain. Motion seconded by Chad Powers. Motion carried unanimously. Other Business: Discussion of Demolition Board. Tabled for later date when all board members and secretary are present. 4 Public Comment: None James Drake moved to adjourn. Motion seconded by Chad Powers. Motion passed unanimously. Respectfully submitted, Jon Snyder, Plan Analyst Draft date: 03/18/2014 Approved date: 07/09/2014 cc: Mayor's Office Board Secretary City Clerk's Office Building Safety Office Staff Representatives Appeal folders Appeal applicants Public file-original 5 '`�51 DEPARTMENT OF PLANNING AND NEIGHBORHOOD DEVELOPMENT 316 N. Capitol Avenue, Suites C-1 . Lansing MI 48933-1238 (517)483-4355. FAX: (517)377-0169 BUILDING SAFETY OFFICE Virg Bernero, Mayor OFFICIAL PROCEEDINGS OF THE CITY OF LANSING BUILDING BOARD OF APPEALS Held at 316 N. Capitol Ave. at 2:00 pm July 9, 2014 The July 9, 2014 meeting of the City of Lansing Building Board of Appeals was called to order at 2:04 PM. by Chairman Don Heck. The following members were in attendance: Don Heck, Chairman Barry Wood Chad Powers rg- Members Absent: Excused Absence — James Drake, Vice Chairman Staff Present: James Bennett, Chief Plan Review Analyst/Building Official r+-1 N (� Petitioners Present: Jeff Kay, Sparrow Hospital John West, Sparrow Hospital John Bates, 913 Everett Dr. Public Present: None Don Heck asked for the approval of the March 11, 2014 meeting minutes. Barry Wood made a motion to approve the minutes. Motion seconded by Chad Powers (Powers). Motion carried unanimously. Old Business: None New Business: Case No.: Address: Petitioner: BBA-002-2014 1215 E Michigan E.W. Sparrow Hospital BBA-003-2014 1200 E Michigan E.W. Sparrow Hospital BBA-004-2014 1210 W Saginaw E.W. Sparrow Hospital At the suggestion of Chairman Heck the three cases would be considered together. Mr. Kay from Sparrow Hospital and Mr. Bennett explained that the purpose of the appeal was to arrive at an agreed starting point in regard to fire and life safety requirements within the three buildings owned by Sparrow. Each of the buildings was built and has been renovated numerous times under various editions of the Building Code. This has led to portions of the buildings having fire or smoke control ratings that are not necessarily required to be maintained as fire and smoke zones. Granting of this appeal would allow Sparrow to move forward with future renovations without having to incur the expense of maintaining fire ratings and smoke containment features that are no longer required. 1 Sparrow has retained the services of Koffel Associates, Fire Protection Engineers, to survey the existing buildings and produce drawings indicating the location, extent, classification, and fire rating of building elements to demonstrate compliance with the current Building Code. Mr. Bennett walked the Board through the three drawing sets pointing out some deficiencies and questions that need to be answered before the drawings are acceptable to the Building Safety Office. After some discussion by the Board, Sparrow, and Mr. Bennett, Barry Wood made the following motion: Move to accept the plans for BBA-002-2014 1215 East Michigan, BBA-003-2014 1200 East Michigan, and BBA-004-2014 1210 West Saginaw as presented for the purpose of serving as a record document showing the building life safety plans from this date forward pursuant to plan review and revisions as completed by Sparrow Health Systems, Koffel Associates, and the City of Lansing Building Safety Office with a final report to the Board of Appeals. Motion was seconded by Chad Powers. Motion passed unanimously. Case No.: Address: Petitioner: BBA-005-2014 913 Everett Drive John Bates Chairman Heck introduced Mr. Bates and invited him to present his appeal. Mr. bates outlined his desire to use a portion of the existing basement as a bedroom and another portion of the basement as "rec room". The board questioned Mr. Bates and Mr. Bennett and discussed the matter and possible alternatives. Chad Powers made the following motion: Move to grant the appeal for a variance to Mr. Bates, provided the following measures are taken to reduce the fire load in the basement. • Install an egress window. • Install solid core door to replace existing furnace room door. • Install hardwired smoke detection and CO detection in the furnace room. • Install hardwired smoke detection in bedroom and rec room. • Install% inch drywall to entire basement ceiling and underside of stairs. • Obtain all applicable permits and inspection from the City. Motion seconded by Don Heck. Yes votes: Heck and Powers. No votes: Wood Motion carried Other Business: Discussion of Demolition Board. A discussion was held between the Board and Mr. Bennett as to how the Board felt about the possibility of assuming the duties currently exercised by the Demolition Board under City Ordinance. The Board had no objections to performing those functions and an advantage would be the inclusion of Mr. Muylle who currently serves on the Demolition Board as a member of the Building Board. Mr. Bennett will pass this information along to the Code Compliance Office and the City Attorney for consideration of an amendment to the ordinance to allow this. 2 Public Comment: None Barry Wood moved to adjourn. Motion seconded by Chad Powers Motion passed unanimously. Respectf II submitted, James Bennett, Chief Plan Analyst Draft Date: 07/29/2014 Approved Date: 08/12/2014 cc: Mayor's Office Board Secretary City Clerk's Office Building Safety Office Staff Representatives Appeal folders Appeal applicants Public file-original 3 ol }`vSf DEPARTMENT OF PLANNING AND 1 , NEIGHBORHOOD DEVELOPMENT 316 N. Capitol Avenue, Suites C-1 • Lansing MI 48933-1238 (517)483-4355• FAX: (517)377-0169 BUILDING SAFETY OFFICE Virg Bernero, Mayor OFFICIAL PROCEEDINGS OF THE CITY OF LANSING BUILDING BOARD OF APPEALS Held at 316 N. Capitol Ave. at 2:00 pm August 12, 2014 The August 12, 2014 meeting of the City of Lansing Building Board of Appeals was called to order at 2:08 PM. by James Drake, Vice Chairman. The following members were in attendance: James Drake, Vice Chairman Barry Wood Chad Powers Members Absent: Excused Absence — Don Heck, Chairman t�- Staff Present: James Bennett, Chief Plan Review Analyst/Building Official Petitioners Present: Dennis Graham, Ingham County Land bank t<? CD ry Public Present: None James Drake asked for the approval of the July 9, 2014 meeting minutes. Barry Wood mWe d7notEea to approve the minutes. Motion seconded by Chad Powers. Motion carried unanimously. : Cn Old Business: None New Business: Case No.: Address: Petitioner: BBA-006-2014 3024 Turner Street Ingham County Land Bank- Dennis Graham James Drake introduced Dennis Graham from the Ingham County Land Bank (ICLB). Mr. Graham explained that ICLB obtained the property at 3024 Turner that was previously occupied by a home improvement contractor. The ICLB submitted drawings and permit applications for interior alterations to the office space including the basement. It was assumed that since the basement space had already been used as office that the use was legal. When one of the electrical inspectors was doing his inspection he questioned the ceiling height in the basement. Mr. Graham contacted the Building Safety Office and it was determined that the basement space was originally built out as office space without permits and was therefore never approved as a legal occupancy. The ICLB proposes to make a number of fire and life safety improvements to the basement that would not otherwise be required by the code as outlined in the materials submitted with the appeal. Further the 1 space is not normally occupied as it is used for storage and the offices of seasonal program staff that spend the vast majority of their time in the field. They are requesting relief from the ceiling height requirement of the code. Mr. Bennett commented that the Building Safety Office had no objections to the granting of the appeal given the space had two exits directly to the exterior and they were adding an emergency escape and rescue opening as part of the project in addition to other measures. Chad Powers made the following motion; l move to grant the appeal for a variance of code section 1208.2 MBC per the sketch provided and as described by Dennis Graham. Barry Wood seconded the motion. Motion carried unanimously. Public Comment: None Barry Wood moved to adjourn. Motion seconded by Chad Powers Motion passed unanimously. Meeting adjourned at 2:25 PM. Respectfully submitted, James Bennett, Chief Plan Analyst Draft Date: 8/14/2014 Approved Date: cc: Mayor's Office Board Secretary City Clerk's Office Building Safety Office Staff Representatives Appeal folders Appeal applicants Public file-original 2 S 1 �G Department of Planning and Neighborhood Development 316 N.Capitol Ave.,Suite C-1—Lansing, MI 48933-1238—(517)4834355—Fax(517)377-0169 Robert Johnson,Director I C H t www.cityoflansingmi.com Virg Bernero,Mayor Building Safety Office October 23, 2014 To: City Clerk's Office City Council Office City Hall Personnel Mayor's Office From: James Bennett RE: BUILDING BOARD OF APPEALS MEETING CANCELLATION NOTICE The regularly scheduled Building Board of Appeals Meeting for Novemnber 12, 2014, has been cancelled. The next regularly scheduled meeting will be December 9, 2014, at 2:00 pm in the Conference Room at 316 N. Capitol Avenue, Suite C-3, Lansing, MI. Cc: Board Members (4) Building Safety Lobby Board Secretary Appeal folders Applicants Public file - Original S l 1 Department of Planning and j Neighborhood Development 316 N.Capitol Ave.,Suite C-I—Lansing,M1 48933-1238—(517)483-4355—Fax(517)377-0169 Robert Johnson,Director !c H I G www.cityoflansingmi.com Virg Berncro,Mayor Building Safety Office August 21, 2014 To: City Clerk's Office City Council Office City Hall Personnel Mayor's Office > o From: James Bennett c :j 4' r1 RE: ` �" m m BUILDING BOARD OF APPEALS I—) —r' M :: , MEETING CANCELLATION NOTICE The regularly scheduled Building Board of Appeals Meeting for September 9, 2014, has been cancelled. The next regularly scheduled meeting will be October 14, 2014, at 2:00 pm in the Conference Room at 316 N. Capitol Avenue, Suite C-3, Lansing, MI. Cc: Board Members (4) Building Safety Lobby Board Secretary Appeal folders Applicants Public file - Original "` ;��'�`sf� , DEPARTMENT OF PLANNING AND NEIGHBORHOOD DEVELOPMENT 316 N.Capitol Avenue,Suites C-1 • Lansing MI 48933-1238 (517)483-4355•FAX: (517)377-0169 ���jCHlC:,l'�s BUILDING SAFETY OFFICE Virg Bernero, Mayor OFFICIAL PROCEEDINGS OF THE CITY OF LANSING BUILDING BOARD OF APPEALS ,. Held at 316 N. Capitol Ave. at 2:00 pm tJ'_ :S:p August 12, 2014 `=; C - The August 12, 2014 meeting of the City of Lansing Building Board of Appeals was called t®=ordei-at 2:08 PM. by James Drake, Vice Chairman. The following members were in attendance: James Drake, Vice Chairman !I Barry Wood �R= Chad Powers Members Absent: Excused Absence — Don Heck, Chairman Staff Present: James Bennett, Chief Plan Review Analyst/Building Official Petitioners Present: Dennis Graham, Ingham County Land bank Public Present: None James Drake asked for the approval of the July 9, 2014 meeting minutes. Barry Wood made a motion to approve the minutes. Motion seconded by Chad Powers. Motion carried unanimously. Old Business: None New Business: Case No.: Address: Petitioner: BBA-006-2014 3024 Turner Street Ingham County Land Bank- Dennis Graham James Drake introduced Dennis Graham from the Ingham County Land Bank (ICLB). Mr. Graham explained that ICLB obtained the property at 3024 Turner that was previously occupied by a home improvement contractor. The ICLB submitted drawings and permit applications for interior alterations to the office space including the basement. It was assumed that since the basement space had already been used as office that the use was legal. When one of the electrical inspectors was doing his inspection he questioned the ceiling height in the basement. Mr. Graham contacted the Building Safety Office and it was determined that the basement space was originally built out as office space without-permits and was therefore never approved as a legal occupancy. The ICLB proposes to make a number of fire and life safety improvements to the basement that would not otherwise be required by the code as outlined in the materials submitted with the appeal. Further the 1 space is not normally occupied as it is used for storage and the offices of seasonal program staff that spend the vast majority of their time in the field. They are requesting relief from the ceiling height requirement of the code. Mr. Bennett commented that the Building Safety Office had no objections to the granting of the appeal given the space had two exits directly to the exterior and they were adding an emergency escape and rescue opening as part of the project in addition to other measures. Chad Powers made the following motion; 1 move to grant the appeal for a variance of code section 1208.2 MBC per the sketch provided and as described by Dennis Graham. Barry Wood seconded the motion. Motion carried unanimously. Public Comment: None Barry Wood moved to adjourn. Motion seconded by Chad Powers Motion passed unanimously. Meeting adjourned at 2:25 PM. Res p Ily submitted, James Bennett, Chief Plan Analyst Draft Date: 8/14/2014 Approved Date: 10/14/2014 cc: Mayor's Office Board Secretary City Clerk's Office Building Safety Office Staff Representatives Appeal folders Appeal applicants Public file-original 2