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01-1277�RIGI��AL Presented Referred To Council File # b _ ��. 1 Green Sheet # 113658 RESOLUTION OF SAINT PAUL, MINNESOTA l� Committee Date BE TT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the December 4, 2001, decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: ' 4 Pro e�rt�p eu aled A� en llant 5 ll86 Grand Avenue Joseph Wolkowicz 6 Decision: Variance granted on the nonconfornung doors with the following conditions: 1) If the 7 noncon£onning doors ever need to be replaced, they will be replaced with confonning fire rated doors, 2) The 8 building will othenvise be maintained in compliance with all applicable codes and ordinances. 9 390 Sherburne Avenue 10 (Appeal is withdrawn.) David Beaudet 11 881 MarYland Avenue East Bany J. Star 12 Decision: The compliance date on the October 29, 2001, Deficiency List will be amended to January 4, 2002. 13 1016 Albemarle Street #2 Jenny Gritz 14 Decision: Vaziance granted on the following condifions: 1) Only Jenny Gritz and her two children are allowed to 15 occupy this unit, 2) The small room with only one exit cannot be used for sleeping, 3) Jenny Gritz and her two 16 children will have to vacate this unit by January 1, 2006. If the fire department fmds the conditions aze being 17 violated, this variance will be rescinded. Crreen Sheet 113658 �'}��IR��L 1 2 3 4 5 6 7 Yeas Nays Absent Blakey ,/ Coleman ,�- Harris ,� Benanav .� Reiter .,� Bostrom .�- Lantry ✓ '� a t� s 9 10 Adopted by Council: Date: �,.._ _��. a aa 4 11 ` 12 Adoption Certified by Council Secretary 13 By: -��_ � � . 4 �. � 14 Approved by Mayor: Date ; Ll�j 19?�/ 15 By: G�� Ol -�Z1'L Requested by Department o£ Form Approved by City Attorney � Approved by Mayor for Submission to Council � 2 �� City Council Offices Gerry Strathman, 266-8560 12-5-2001 TOTAL # OF SIGNATURE PAGES GREEN SHEET o►-�a�t No 113658 ■ u �..�,�,��. u �„� — � ❑ CIIYATTORIEY ❑ OlYq.ERK � ❑Aq11GY.�ERVICE4GR ❑HIYC4LLtFAY/Y/ACCTO ❑ 1111YOR{GRI�SYEfOM� ❑ (CLiP ALL LOCATIONS FOR SIGNATURE) Approving the December 4, 2001, decisions of the Legislative Hearing Officer on Property ". Code Enforcement Appeals for the following addresses: 1186 Grand Avenue, 390 Sherburne Avenue, 881 Maryland Avenue East, and 1016 Albemarle Street 4f2. PLANNING COMMISSION CIB CAMMITTEE CNIL SEf2VICE CAMMlSSION Has this persoNfiim ererworlcetl under a conlract for thie tlepartmeM7 VES NO Has tnie ae�soNfirm e�er been a city empbyee9 YES NO Dces fhis pe�soNfiim possess a sitill �pt namallypocseesetl by any cunent city employee? YES NO Isthis persaMfitm�atarycted�ventloR � rES wo Councii Research Center �EC 0 �t �001 IF COST/REVENUEBUDGEfED(CIRCLEON� YES SOURCE INFORMATION (IXPW� ACTMNNUMBER NO � -��- �Q. � ( � f � `J € N t.��1 �/ T� t�t- �a.�� - �� -� �� . � , � , w �� ,� �0 � � �� ,t �-�--� .� ,�z�--�-� -� � ,L/�-�n��-� �.�.� �.�-.� � v . /� � t� ' �`� �� ' c � ��- , , . -�`� �� -�- ,� ��.� �--�.,-t,�.� - �"� � ,, � �� " „ / . ��--e-�- �- /lti-�-� '� .� � ,F'�� . � �� . � � �. �. � �.�.� � � �- `-f`��--� � �� 1 "�'" �'�c " V ,/" _ _ ' ✓ v''� ` /L�-✓/�,�.�it.f��" �� -� U�'-2.�.-O n.�7/Y►�-�'i� ,/� CJ�t� �-c.ti,��'�--0.� �'.o - � �� .� . �S �' 0\-1?�1 .� � �� /' , • i ; � / � � , L.t-.��- � o / � . a � �<�' �� c U � �-�cz -e-o . � �� ' . � c � ��-� �-�-e ' � �� ,�-� ° ° - _/ - � � ;+'�-�-�- i�^�i� � �� z_ /_. _. �° �� -`--�-- �-°� � � �� ` .� �� .� � � � .�',-� � .�M �� , ��-:��._.e .�_�-� Q� . . � L� ''�--�- � (�� 0 � - �� a�a�� ` �..� z �`� - (l� t-C.� . � -�/�--_e. / � ('`� /��Q-c,c SL ' �%/`—�. �L'L'IiYYL�c�J l� y . ' 'C_ "�` � ��l� �� , ��,, �La�� 2 V ��r`-� A � • � � / � -f o �CS� 2 ��.� l � / V'� �C/i`—� � - . �� a �� .�0�°� .�.� c� �� .�� -� � �� . . � � � ��--�� .� �. �� 4 �q � �,;,,,� . " C�, � ' �. �. �,a .�.,� ' � /� o � 1 a- � . Q�. ��,.,,,�� ,�� 9 � �� . �`� � ��, ,�,� - � � �-� �.�..�.�, �� _Q ��. �� l�- � � �.��-c��-e�� _� ^ V } �� m C � � � � 2� , � 2 � �� . 3> (� N� ¢� a �� . 1f�-�—��,c�� C� `�� ^ 4�XK.Qiw�- � � ��-w �-� ` � �� 5� �� . �- �� ., � _ �� ° --�� , �-�. .� D,_„�, �� ° � ,-2��, . �-�e�%_e_ _�'<. .� _ � � �> . � ' ` �-�-.� �� . � � � �j � �� — � '�� o�-��.�� g � � � �/�--� /i�n� � � �� (�0 C�� . �p . X�-� �-o , � �� ` �-�.� • � ' �. �Q�.Q� � � 2 � � /� �� / �,�,�, /� r //�� /�///� //J //�� iA - � ��.X _lJ/�G.. % —�� / _ _ ` r \ `/�'�V�� - � �� 2 / ,/ , /C/� L7 _ ��fy� ° . � ` ` l..o""' -'.,..� A /� � � � � , �('�C'�G..'1l..�� ( �(��C"L �'�--e �d--�---�� "�--�� -� �.�.� , ��-� ,c.� ,��-.�1 �1�.�-� �� ,�...�-�� .� ��.Q � , � � � r �,. D. For a level four sanction, when level one to level three sanctions have not resulted in cozrection of deficiencies, the commissioner shall exezcise zestricted use or condemnation authority undet subpart 2. --• ' - ----- Subp. 5. Essential rule deficiencies. When essential rule deficiencies are greatet than ten etcent o e a ica e ru es, a correction o t e cited.deficiencies wi 1 be required _... so a a� percen comp iance za ing wit e essentia zu es �is achieved. Tfiis �s'hal7`occiii�within a speci£ied time as ` deteiminecl by the facility inspector, not to exceed one yeaz. Subp. 6. Appeals.�The facility administrator or governinq body may appeal the time line for corzection of a standazd deficiency by submittinq an appeal in writing within 30 days of receiving the compliance order to the Commissionez of Gorrections, Minnesota Department of Corrections. STAT AUTH: MS s 241.021 HIST: 23 SR 1834 Current as of 11/07/OI l �- �s � O� -li'�'1 _ � _ c �; ( �� . � � D l� t Y N� E"S S�-� Sr � � l� 1�� f'� 1�-� C FI ,i2'T T� � �,.} P� y c�,T,-� T�+E �►� w, w�E,� 7� ��. � U�d��,a �, ^ s � F l t+E �A w �x ccE http://www.revisor.leg.state.mn.us/arule/29] l/0300.htm1 1 i � �d� o. 12/3/01 Atinnesota Statutes 200I Table of Cf�apters �?'�j� ��,J �Y�E� E SSl4� �! p Table of contents for Chapter 243 � 8�' S' T�E' �Aw GUN �1�► l�' �s p\ -\�.'�7 �'c�Nti�►�1U1��c,�?o L�Sa , 293.53 Correctional institutions; oecupancy limits o£ cells. Subdivision 1. Separate cells. (a) When there aze �j� sufficient cells available,_each inmate s a be.confined in a_ �� ara e ce . ac inma e shall be confined in a separate cell � in institutions classified by the co�nissioner as custody level � � five and-six institutions. This requirement does not apply to the following: (1) getiatric dozmitory-type facilities; (2) honoz dotmitory-type faciliCies; and (3) any other multiple occupancy facility at a custody level five oz six institution that confines i�ates who could be confined in an institution at custody level fout oz lowet. (b) Correctional institutions cDassified by the commissioner as custody level one, two, three, or four institutions must permit multiple occupancy, except segregation units, to the g=eatest extent possible. Subd. 2. Repealed, 1997 c 238 s 6 HIST: (10801) RL s 5439; 1992 c 571 art 11 s 2; 1997 c 238 s 2; 2001 c 210 s 14 � Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota. e http://v�n�vw. revisor.teg. state. mn.us/stats/243/53. html 12/3/O1 - --.._e.�•••�• , . ,, �� . usi a� weaGY 1 i/U I UU. hYMI ,. y.:.:.__tt6:'. i �y� .� ; Minnesota Rules Table of Cha ters Table of contents for Chapter 291 I 2911.7400 POLICIES AND pgp�DV�g TO DETECT DETERZORATION OF BUILDING AND EQUIPMENT. - �.. The fac procedures Policies F staff report u physica2 plant administrator shall develop policies and ,,..� �_ �_. . - - – a�ti�as ana unsanitary co n.r�'ytions. �oce utes shall include requirements that facility sanitary and unsafe conditions as well as and equipment repairs and replacement needs; and ka£"appropriate work orders os reauests f�r STAT ALTH: MS s 241.021 HIST: 23 SR 1839 Current as of 11/07/O1 8t-��'11 , ' 1 1 t �F Tf��E' IS ��FF 7'Y ��AZ��/�, .�� ' w �,T�z��, s ,��so .�Naa�o �n�� l�E ��'4�u��ED � �1 �D �N� f 7'E �t , T�+�� '� �-ur�E �� d cE? C�s T. http://www, revisor.leg. state. mn. us/arule/2911 /7400. ht ml T� 12/3/0 ] f � Minnesota Rules. Table of Chapters " p � -1'a1 Table of contents for Chapter 2911 r 2911.0300 INTENDED VS& AND NONCONFORMl1NCE WITH RULES• � Subpart 1. Intended uae. A facility shall be used only in accordance with the classification, Class I to class Vi, for which it has been approved by the Department of Cotrections. A Class Z facility may be approved by the commissioner to house inmates sezvinq alternative sentences for a time not to exceed any limits set by Minnesota Statutes. A Class II facility may house inmates serving an alternative sentence fox a time not to exceed any limits set by Minnesota Statutes. A facility must be � in full compliance part or subpart desiqnat�as "' - ' ..,_' '" 'mandato=y_under this chaptet ordei�£o�meet approval _ ---°- ... .. �Fequirements for continued•opezation unless the commissioner `waives th�art or subpart. Each rule pazt oz subpart ��eignated as man3atory shall be identified by placing the tezm mandatory adjacent to the iule part� subpazt, item, or sentence in parenthesis. Appzoval shall be based on com�iance with rules applicable to the facility's classification at the time of the facility's last inspection. (Mandatory) Subp. 2. Noncon£o=mance, unsafe, unsanitary, or illegal conditions. When conditions do not substantially conform or where specific conditions endanget the health, welfare, or safety of inmates oz staff, the facility's use is restricted puisvant to Minnesota Statutes, section 291.021, subdivision 1, or legal proceedings to condemn the facility will be initiated puisuant to Minnesota Statutes, section 641.26 or 642.10. (Mandatozy) Subp. 3. Comparable care. A facility that houses males and females shall piovide comparable care for each gzoup. (MandatoLyl __..,.___ _____---.-.__. i .-- _ . , _ _-- - -_ , � � %'7 �� Subp. 4. Coxrection of deficiencies. Sanctions for � violation of mandatory rules aze: ) �� f, �-�- A. For a level one sanction, the facility inspectoz • shall issue a written compliance ordex to the facility administratoz and governing body fot corzection of deficiencies within a specified time up to 180 days. B. For a level two sanction, the facility inspectoi shall issue a writteh compliance ordez to the facility administsator and governinq body which requires submission of a written plan of action inclusive of time lines for correction of any deficiency allowed more than 180 days fot corzection. The depa=tment shall gzant or deny approval of the action plan in writing within 30 days of receiving the action plan. C. For a level three sanction, when compliance is not _ achieved within time lines oidered or action plans are not implemented as appzoved by the depattment, the facilit ;.,<.,o�tor shall submit to the facility�administxator.an govezning boay a litcutea use agreemeu� i�� _��_�, ��y•��«. an return within a speci ie time. n � �'!T/ZEIvS SH�'u�-Q /� GSd E Etv�yTt E� T"AG 1e�� E t� � " http:!(www.revisor.te�.state.mn.us/arute/2911/0300.html 1�3701 t� Minnesota Rules Table of Cha ters Table of contenis for Chapter 29I 1 � ,;•. 2911.0330 AppgOVED CppACITY. a Subpatt 1. Capacity requiremeats. For the puzpose of this chapter, six capacity definitions have been established under parts 2911.0330 to 2911.0370. Subp. 2, Approved capacity. "Approved capacity" means the numbez of beds determined by exclusion of holding cells and beds designed foz disciplinary segregation or administzative segregation purposes. Approved bed capacity shall be based on the followinq criteria: \ A. Single occupancy cells or detention rooms built or let for bids aftet May 15, 1978, shall provide a minimum of 70 square feet of floor space per inmate. B. Single occupancy cells oz detention rooms in -� facilities used for detention or confinement of inmates prior to May 15, 1978, shall pzovide a minimum of 50 square feet of floor space per inmate. � �e - -- � --- _� - C. Dormitories shall provide a minimum of 60 square feet of floor space per inmate. D. Double occupancy cells shall provide a minimum of 70 square feet of floor space. E. No beds in facilities condemned shall be considered as approved. STAT AUTH: MS s 241.0�1 HIST: 23 SR 1839 Current as of 03/29/99 0�—t� 0 �� E / `� � t� 5 �' � ° �" �E �N `�' f''� ,�L f-l� Z.� ,e� fF' / E Sr� 7E �� Y �C � ui ,C �-3 �d ,�- �O�sa� � I� �-'T /.�- "'� F Q c�-� /v E� ,g U l � Q/�� s. .S'a Jc- � � Y's ��- ��-Z � s � � � z r�� -� � �-� . http://www_ revisor.leg.state. mn.us/arule/29 1 1103 3 0. ht ml S � � �- 10/2S/01 Minnesota Rules Table of Chapters Table of contents for Cha�ter 2911 2911.0350 EXISTTNG BED CAPACITY. "Existing hed capacity" means the total nur�er of beds within the existing facility exclusive of holding cells and those desiqned for disciplinary or administrative seqregation. Existinq bed capacity is determined without regard to square £ootage allowances per inmate, double o� multiple occupancy cell conditions, and new construction requirements. - �_ -- -�- -- ` As an example, several facilities built prior to 1976 have ' 64-s uare-foot cells desYqned for and still beinq used to house o�,r inma es. our beds shall be counted in arriving at the existing capacity number. �------'� '—_"--�------� ' -- -. ._ STAT AUSH: MS s 291.021 HIST: 23 SR 1834 current as of 11/07/01 o� -1a�'1 2 �U� �EoPE �� jS l� 2 ��5�� y oa� 7 C' Y G✓F� � ,� r,� � � J�a-�T i-� 2E'Ns � /d� � �c�'�sa,v http://www.revisor.leg.state.mn.us/arulei29] 1/0350.htmi 12/3/O1 ttinnesota Rules Table of Cha ters I ahle of contents for Chapter 2911 2911.0100 INTRODIICTZON. Minnesota Statutes, section 291.021, subdivision 1, piovides that the commissioner of coriections adopt rules establishing minimum standards for all correctional facilities throughout the state, whether public or�private, established and operated for the detention and conEinement of persons detained ot confined according to law except to the extent that they are inspected or licensed by other state regulating agencies. This chapter provides minimum standards for Class I to Class V2 facilities in Minnesota. STAT AUTH: MS s 291.021 � �> HIST: 23 SR 1834 ��—� ��, � Current as of 03/29/99 X, � �/ °� � �T�2t C -T �F I l 5 � Ci �' i z E �,_, htt p://www.revisor.leg.state.mn,us/arule/2911/0 ] 00.html �i��% �r Di .\��L 1 /�� U� 10/28/01 �,. � �` 1997 UNIFORM BUILDING CODE /�ccess to, and cgress from, buildinbs rcquired to bc ntt sh�d: bc proviJcd :iti spcciticd in Ch;+plcr 1]. RatinncnU in dwclling units and cvcry slccping room ;he (ourlh slorY +L:dl linvc at le;i.t one oper:�ble window � :q�p�uvecf tor emerbency ese:�pe <>r rescuc that shal: opaz intu a public slrecl, public allcy, yarJ or rY; -- c em dnur or winduw sl�all }••.._ � �ovid d r:�..... � 7 ��1�� "� r c_ /� � i � Q � �� 7�C1 IC:�r �, l ILC( C�bC�( � im). "f'tic /� .,, '.Oinchcs lf" � scape or �C� n y n44 in- !� c c �i}L� �, �" i _ � below �inJuu• ollow- � . (I � t„- C fJ� oW C6 hc � S„Z V �S � pCn- �", � ao � u _... .,��nensiun of 36 �. wmdow wells with a vcrtical depth of more than 44 inches (1I1R mm) tih:dl be cqvippcd with an approved percnanen0y at- fised IadJer or stuirs that arc acces.iblc wifh the window in the fully opcn posilion. 7'6e lad�er or stairs shall not encroach into tl�e rcyuircJ dimcnsions of thc winduw wcll by morc than 6 iudies (152 mm). 13ars, grilies, grates or simi!.v devicec m:ry be insla�llcJ on emergency esr.�pe or rescue windows, doors or window wells, p�u�•ideJ: L'fhe devicec :iro equipped wit6 apprnved release mecha- nisinti lhal :uc open:�bic Lom thc insidc wiihuui tl�c usc of u 6ey or �pccia! I.nowkdgc or c((aC and 2 7'hc buildinb is equippcd wi�h smokc dcicctors installcd in accurJancc wi�h Scction 310.9. 310.5 I.ighl, Vcntilatiun and Sanitation. L.ight nnJ ventilation tilr,+tl bc as spttiSied iiy Cl�apicr 72. 1}�� »umUer of plumUing tix- �ures shal! not Le Il'S5 II1811 S�1 eci(ied in Section 29026. 310.( Rnom Uimcnsiuns. 33U.L.1 Cciling hcigS�ts. IlaUitublc space ahall havc a cciling hcie6t of not Ie�s than 7 feet G inches (22SG mm) except as other- wisc permittcd in Ihis scctiun. Kitchcns. halis, balhrooms and lo: Ict companmcros m:ry havc a cciling hcioht af noI Icss Ih�n 7lcct {2i3=t mm) mcasured w thc luwcst projectiou from tl�c tti;ing. Whcre cspnuJ beam ceiling members are xpaced at less than 4S irtc6es (1219 mnQ on center. cciling hcighl shall be measured tu the bottom of �hese mcmbers. Wt�ere ex�osed beam cciling membets are sp;iced at 4A inches (]219 mm) or more on eenter, cciling hrighf shnl) be mcasured tu the boftotn ot Il�e deck suP' purtcd by ti�ese memberti, provided that the botwm of tl�e mcm- bco is iiot Ictis Uian 7 fcet (2134 nmi) above the Iloor. If ;�ny «�om in u huilJing bati �i tiluping ceiling, [hc prescribcd cciling hcighl lur Ihc room is rcquired in only onc Lalf Ihc area �LcrruC tQo pt�rtion o( Ihc roo�tr measurino ktis Ihan 5 fcel (1524 rum) from Ihc tinished Iloor to thc finixi�ed eeiling shatl be in- rluJrd in any cumputntion oC thc mininmm ;vca thcrcof. ��s dnor a fuU, O\•li1'� �, � Q Q'� r � I' i If:my � om has �� furzcJ ccilino. Ihc pr� ibcu ccilin�; Lcigl'i iti requircJ in hvo lhirds the area lhereot, bul in no cnsc ti6.41 Ihc hei�,h� of thc furrcd cci;inb bc lcst tl�an 7 Ice� (273=1 mm). ?]0.C.2 Ptuur arca. bwelling units and congrra itc raidcnccs shall havc at Icasl one mom thal shall lurvc noi 1�� than 12U syuarc Icct (] I..'. m�) oC Roor area. Othcr habit iltllC IUUt11\ l'%Cl' � kitchcns shall L,rvc an area ot no[ icss Ih:m 70 syuare fcct (G.S m-). "E dwclling units shxll co:npiy with tl�c rcyuirements al Scction 31Q7. 310.G.3 Widt4. Ilabita6lc rooms othcr th:m a ki�chen sh��ll not bc less than 7 fect (2134 mm) in any dimcnsion. . � to thc L�cienc}"�iwell�pg uni codc CRCC, t 85 hcru� 1?._„� _.. �i.�niLShall fiaJc' a li4ing ioo�.'of noti3ess.than 220 squarQr � eL(20 �.m?) o£supe�ci•nl tlooaaxea..An additional 100 squnrco-,-� et, (9,3 m of,suptrfic,iat fl area sh?ll, ye.prOViJcd for cadi'� xugant of such ynit,in cxcesc.ot jwu. . 2. 1'he unit Shall Uc pruvided wit6 a separate closei 3. '1'hc unit shall Uc providcd wilh a kiichcn siok. cookin� IIj)OII�I1lC 811(J ICIfIZ,`ClAl1U11 GICIGIICS, C:1CI1 havins a clear wuiking spacc of not ]etis l7�an 30 inchcs (7G2 mm) in (ronL I.igirt and vcu- iilatinn confonning Io thi� codc ahall bc pioaiJe�. 4.'fhc unit shall bc providccl �vilh a scparate bathroom rnm:un- in� a watcr doset, Invator y ancl balt�tub ur showcr. 310.3 Shaft and Exit Enciusures. F.xits shall bc cncluscd as spccitied in Ciiapicr 10. Elcvator s6afts, vcnf shafts, dumUwaitcr shaps, dothc. chu;cti and olher vertic.il openingc sliall be enclosed anJ the endutiwc shall bc as spccified in Scction 711. In nonsprinklcred G�oup I2, Division 1 Ocwpancics, con idon servinb an occupant load of 70 or more sLall be separaied fium corridors and other aroat on aJjacent noors by no[ 1e.5 tLan ap- prueed fixcd wired glass scl in stccl fr.mics or by 20-minu:c smol.o- and drn:t-controi .isscmblics, which arc aulumatic <9u>- ing by smokc delcction. 310.9 Smokc llciccfors and Syrinhtcr Systems. 310.91 Smokc detcctors. 37Q91.1 Ct9�C�:d. I�wCilinF, u4ilti, conb�Cg:�iC tCSidcnccti nnJ hotc( or lodging housc guczt tooms that arc uscd [or slecpin�, pur- poscs shall bc proviJcd with smokc dctecfors. Ucicc�ors shul! hc installcJ in accord:mcc with Ihc approvcd manufaclurcr's imtruc- tions. 31D.),I.2 Additinnc, allcraliuns or npairs to Croup R Orcu- pancics. When ihe valua;ion of an addition, altcratiun or rcp:�i� to x Gruup R Occupancy cxcccds 51,000 and a pennii is rryuiicd, or whcn onc or more slccping rooms arc addcd or crcatcd in c�i.t- ing Croup R Occupancicx, smokc dctcclas shall bc iml,illcd in accordancc with Sections 370.9.13, 3fOJ'.IA and,,lO.9J5 of this scction. � EXCEI'7'!O\: Rcpai�� to tIk cxtccio� su�{n<cs uf a G�uvp H Oco�- p, ncy arc cacntpt Gom ILc requiremcnR of �Lia xaion 310.9.13 Powcr sourcc. In ncw wnstrudion, requircJ smol�c dricclors shall receive preir primary porver Irom thc hui;ding wir- ing w}��n such �viring is scrvcd frotn x commcrcinl sourcc , nd str,�ll be equipped �vith a bnttcry backup. "1'6c Jclector tihall rmii a xignal WIIL'fl Illl � ;IfC IO\V. �V3TIf7�; SI1:lII JC pcnn:inrnt :inJ �viihout a discoimccting switci� uthcr than .hose requirec for uvcr- currcnt prolcclinn. $mokc dcicclurs may be solcly battcp- upci- ateJ tvhen iuzUilled in existinh buildin�;c; or in buildingti w�ilh��ui 7-27 �� g� ti� . �3) Refuse and garbage s[orage. The owner o: every residential stzucture ahall :supply sufficient approved containers with covers impervious to veather .°or � storage of refuse and gazbage. O, _��11 (C.F. No. 92-1496, [(sectionJJ 1, 1-12-93; C.F. No. 94-369, [(section]7 6, 5-11-94) Sec. 36.12. 2astallatioa nnd mnin��- - The owner of anv �- � he following zequirements: /� A 1�' ��v l Wl._�._' (1) Privat � .7 �'.e dwellings serviced by a private well :or d . teria and nitrate testing o£ water sh>11 be c� �� two (2) years. It shall be responsibiJ 1 a. Submit w �� .he division of pu5lic health, to the divisioi �� zalysis; or b. Con:ract rY M 'innesota Department of iiealth for colleccion, �� W?thir. th?::y ~ Z ' � ' the test results, on £ozms to be p:o�'ided b_ ��C�� 11 be suSmittefl by the prope-ty o�-ne. tc t4e c �� U z such £ee as may be set by the cicy cor=.ci1. � a 2 ��`� then issue a certi£icate, to be cood :or two ( ' p ��b � �\ Z fying tha: the �+ater samoles a: e vichin the �( � � � > `� � � •-�1 repairs and inscallations shall be made i �_..vls�oas o� Minnesota Water Well Constructioa Co • -•��• (�) zl_' -sc:'ities z.^.d ecu'_pmer.t. All recuirec and su��lied er,uipme�t aad all bv:lciac saace and par:s in every residen:ial building shall be const_ucted anfl m�i::�s?zec Lo proge_ly anc safely perfo=;n their intendec function in accordance �.•_�: tne �=ovisioas o'_ the a??licable code. (C.F. l�o. S3-1596, ((sec:ioa)J l, 1-12-53) S'�e�e"�".a��^d'cc't.�'a3+ ?ae o�-�e= o`_ any premises shall com?ly with t?�e followir.c recvi:ements: �:) r:':_ru- ce-_';�g heiah:. In calculati�g the :loor a_ea o� habita5le roons, o�'_}• t:ose po_tio^s o`_ the _loo= area c: a_oom having s clear ceiliny heis::t in er.cess o= !ive (5) feet may be iacluded. Rt least hal. o: the floor area o_ any ha5ita51e =oom s!�all have a cleaz ee32ing hei5ht of seven (7) :eet oz more. C�2)�.R ra e s pace. n we23inq�un�'s':"'�veiy cT'we'S1i�Iy",SUiY�"SYia'TT''aoritain a inin Pgross--flooY"a'rea""o`:"a�"'leas't'one''huridYed :ifty t150) �s'qu�re"feet'tor"t2ie""f3'i'srt ioccupant, at lea'st' ;one 'riiui�re'd "(300?"`"squaTe` ea'cH"occtiipant°CTieYCa2ter, !"the�fYoor- ealculated:on�Athe basis-oE.�trie-total^habiCabTe"Y6om'erea. ; �sTee�ing rooms:•�In "every'dwelling`iuii[; every room occupied 'for�'sl'eeping"purpos'e's by�on'e"� �occupant shall'have"a minimum�gTOSS,floor area— o'_ at least•seventy'i70) squaie"Peet. In every`dwelliny'unit, every room occupied � fo: sleeping purposes by two'(2) or more occupan�s shall have a minimum gross � Ylaor area of Sitty (50) square feet per occupant the_eo�. Rooming units shall.. � t com�ly Mith section 3t.17(2? o: this Code. (t3 Escaoe window. At least oae (1) windoW in every room used Por sleeping pu�oses must be o�enable Erom the inside, with a minimum overall net Slazed a=ea oP ;ioe and sevea-ter.ths (5.'I) square feet; the minimun net clear opening height dinension shall be twenty-four �2S) inches, the minimum net clear opening width dimension sSall be tweaty (20) inches, and it shall have a'minimum finished sill heisht o: not more than Porty-eigh: (a8) inches above the floor. Should the o� �2��1 �� NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING Tuesday, December 4, 2001 Room 330 Courthouse Gerry Strathxnan, Legisiative Hearing Officer The meeting was called to order at 1:48 p.m. STAFF PRESENT: Michael Urmann, Fire Prevention 1186 Grand Avenue Joseph Wolkowicz, owner, appeazed. Gerry Strathman stated this is a request for a variance with respect to fire doors. Mike Urmann stated this is a standard appeal. Gerry Strathman granted a vaziance on the nonconforming doors with the following conditions: 1) when the nonconforming need to be replaced, they will be replaced with conforming fire rated doors, 2) the building will otherwise be in compliance with the fire code. 390 Sherburne Avenue (Lisa Foster, Code Enforcement, left a message that she and the appellant have come to an agreement.) Gerry Strathman stated the appeal is withdrawn. 881 Maryland Avenue Gerry Strathman stated the appellant is appealing three items. The first two have to do with fire rated doors, and the third has to do with ceramic tile and wall in the bath area. Mr. Strathman asked about the tile. Barry J. Staz, owner, appeared and responded the inspector said the wall is defective. Whoever repaired the wall made it lumpy; it is not perfectly straight, but the wall is solid. Mike Urmann reported the inspector informed him the wall is starting to have problems with holding grout because of the inconsistency of the wall. The tiles are starting to crack and are no longer water tight. The wall may be solid now, but it will not maintain water tightness azound the bath area because of the deterioration of the grout and the tile. Mr. Staz responded the inspector just said it was defective. He asked her to put her hand on the wall because there is no soflness nor evidence of any decay. Water cannot pond there. Mr. Strathman asked is he planning to fix it or leave it like that. Mr. Star responded he is planning to leave it the way it is. O \-\� PROPERTY CODE ENFORCEMENT NOTES OF DECEMBER 4, 2001 Page 2 Mr. Strathman asked where the doors are located. Mr. Star responded they are entrance doors to two apartmeuts. Again, the inspector used the woTd "defeetive" a nuxnber of times. One door has a little hole in it. The other door has a slightly bigger hole. The holes are at the bottom and he proposes to repair them. Mr. Urmann sta#ed the unit doors aze damaged and aze hollow care doors. The inspector described them as closet doors. They aze not the substantial doors on which Mr. Strathman has allowed variances. These are thin paneled, damaged, nonrated doors and are required to be replaced rather than repaired. Even repaued, the doors do not meet code, stated NIr. Strathman. As for the tiles, it does not sound like an urgent situation. However, If the issue continues, the inspector believes the wall will deteriorate. Mr. Strathman would be willing to give him time to do it, but is reluctant to say it is just okay. He asked what needs to be done. Mr. Urmann responded replacement of the damaged tile, replacement of the grout, even out the damaged wall. The way it is setting is the reason the tile is cracking. Mr. 5trathman asked the owner would one yeaz be enough time to take care of the bathroom. Mr. Urmann responded he would be opposed to a yeaz extension for a minor repair. He as willing to grant the owner time if he would request the tnne. Mr. Star responded he does not need a lot of time. His main objection is the inspector was unfair for not even touching the tile. He found the inspector to be difficult to deal with. The inspector will reinspect on January 4, and Mr. Star will haue the wall done by then. Gerry Srathman amended the compliance date to January 4, 2002. 1016 Albemarle Street #2 The following appeared: Jenny Gritz, appellant and tenant; Don and Tish Dame, 2934 Farrington Avenue. (Mr. Dame gave Mr. Stratlunan and Mr. Urmann a packet of informarion.) Mr. Dame stated he is helping out his friend Ms. Gritz, and wants to take his comments to the City Council. In the last election, elected officials said increasing the amount of affordable housing is a high priority. Mr. Dame feels the shortage of affordable housing is due in large part to decisions made by the City Council. Enforcing these fire code rules is devastating citizens of Saint Paul. He has no quarrels with the inspectors or the Legislative Hearing O�cer, far they are enforcing decisions made by the City Council. His question to the City Council is what are citizens of modest means suppose to do for the ttuee yeazs it takes to come to the top of the list for Section 8 housing. Ms. Gritz is the mother of two children who aze 4 yeazs oid and 10 months old. This buiiding was a private home that was converted into three apartments. She has lived there for three yeazs. An inspector came by and said there isn't enough squaze feet for three people. They have given O\ �2 PROPERTY CODE ENFORCEMENT NOTES OF DECEMBER 4, 2001 Page 3 Ms. Gritz 30 days to get out of an aparhnent, and she has no alternafive but to live under a bridge. She can afford this apartment because her rent is about $375 a month. She is terrified of the government and authority figures. She has received a list of properties and has been told there is a three yeaz wait. One of the other people living in the apartment next to hers is Mr. Dame's son and his family. The last two pages of his documents are state law that relates to residence used by the government for jails, stated Mr. Dame. The government says if the residence is a jail or detention facility, then only 16 square feet per person is needed. If it is an apartment, then 100 square feet per person is needed. If her residence was called a detention facility, then it would be safe for ten people. It is absurd that the name put on a residence determines whether it is unsafe from the standpoint of the fire code. Mr. Strathman responded it is a little more than that. Aetention facilities do not have kitchens and other amenities, but he understands his point. Mike Urmann reported he received a complaint that there were four individuals occupying an efficiency apartment. Upon investigation, they found the appellant, two children, and her significant other. The apartment is 170 square feet. Under the code, the unit is big enough far only one person. There is no legal bedroom in this unit. A person would have to occupy the living room as a sleeping room for it to be legal for one person. Mr. Strathman asked the code requirement for an adult and two children. Mr. Urmann responded it would be 150 for the first person and 100 feet per additional person after that. That is living space only. The sleeping room would be more square feet and a different code section. Mr. Dame stated the last two sheets of his document are the fire code. Mr. Urmann responded that is actually the property maintenance code. Mr. Strathman asked is the unit in a good state of repair. Mr. Urmann responded there are few issues with the building. Mr. Strathman asked what negative consequences might he perceive if she were allowed to live in this unit. Mr. Urmann responded both children occupy a space that is not big enough for a bedroom. It does not have a legal escape window directly out of it. That is a life safety issue that needs to be addressed if they were to continue to occupy the space. The azea set up for the children's bedroom appears to be a converted walk in closet. It does not meet the requirement for a bedroom for square feet and for a legal escape window. They could exit the bedroom through the door and into the main common area, which would be the sleeping room for the adult. The second issue is one of occupancy load and safety requirements for the occupancy load. If the unit is overcrowded, he wonders if they can get out in an emergency situation. Mrs. Dame stated the male babysits while Ms. Gritz goes to work in the morning. He does not live there. o�-��.. PROPERTY CODE ENFORCEMENT NOTES OF DECEMBER 4, 2001 Page 4 Mr. Strathman asked is there a way to rearrange the space so the children would be sleeping in a safe area. Mr. Urmann responded he does not think there is. Mrs. Dame responded there is room for a junior size bed and a crib in the closet. She works for social services and has seen this kind of situation with eight people in it. It is only one step out the door and three steps to the window. Ms. Gritz has a ladder, and practiced using it this summer. Mr. Urmann stated the arrangement of the room makes it nnpracfical to occupy with three or four people. The decision that it was occupied by four people was due to the fact that there were personal belongings of a fourth person there. It is a concern of his that there is such a small unit being occupied by so many people. Mr. Strathman stated he is going to grant a variance under two conditions: 1) no more than three people may occupy this space, specifically Ms. Gritz and her children, 2) The smali room with only one exit cannot be used for sleeping. This variance would extend only to her and her two children. The fire department does check these sorts of things. If they find the condifions aze being violated, this variance will be rescinded and the tenant will have to leave the space. This is a tough situation, and this is as faz as he will go. He will include a copy of the correspondence provided by Mr. Dame to the City Council. Mrs. Dame stated Mr. Urmann said there was an anonymous complaint, but Mr. Dame was told by Tom Zangs (Fire Prevention) that they inspect every two years. Mr. Urmann responded they inspect every two years, but they received information from an anonyxnous source that multiple people were living on the site. Mr. Strathman added the inspectors respond to people who contend there is a violafion somewhere. The law provides that they have to be anonymous. Mr. Urmann stated he has concerns with the suggested appeal. As the children get older, it will be more of an issue. He suggested a time period for her to find adequate housing. Mr. Stratlunan responded the point is well taken. This should be limited to four yeaxs. At that point, the older child will be eight years old and should not be in such a small space. This will give Ms. Gritz plenty of time to work out some other arrangement. Mr. Dame asked what would happen if the housing situation is worse then. Mr. Sirathman responded another appeal can be filed. On a three yeaz waiting list, she may be at the top in three yeazs. Gerry Strathman granted a variance on the following conditions: 1) Only Jeimy Gritz and her two children are allowed to occupy this unit, 2) The small room with only one exit cannot be used for sleeping, 3) Jenny Gritz and her two children will have to vacate tlus unit by January 1, 2006. If the fire department finds the condirions are being violated, this variance will be rescinded. The meeting was adjourned at 2:14 p.m. rm