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02-696QR1GlNAL Council File # O � g ( Green Sheet # 113826 Presented ReYerred To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the July 23, 2002, 2 decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following address: 3 Property Ap ealed Apnellant 4 5 894 St. Clair Avenue Bebe Jacque 6 Decision: 1} The owner wil] provide an annual certification from a certified mechanical heating contractor 7 indicating that Yhe tank is functioning properly. 2) The Fire Prevention Tnspectors will evaluate the owner's 8 proposed solufion to the fire rated doars. 3) The owner will do tuckpointing this year on the west wall and all 9 other areas that need immediate attention. 4) The owner will provide one functioning grounded outlet in each 10 room. Fire Prevention ]nspectors will work with the owner so that the electrical work will be done in an orderly 11 and economic manner. 12 13 14 15 16 17 18 Yeas Na s Absent Blakey � Coleman �/ Harris ,/ Benanav i /' Reiter � Bostrom ,/ Lantry ,/ 5 O � 19 20 21 Adopted by Councii: Date: � aa a._- 22 ' 23 Adoption Certified by Council Secretary 24 BY� ���► .a- , - 25 Appro e Mayor: 26 By: �X'�Z. Requested by Department of: By: Form Approved by City Attomey I: Approved by Mayor for Submission to Council i: � aa -G�� ���� GREEN SHEET No 113826 Gerry Strathman, 266-8560 TOTAL # OF S(GNATURE PAGES oE.�u.�r nvcraa arvcaro. CIIYAiipUEY ❑ tlTYRFAK _ fliYYJ6LiFAY1CFiCN. ❑ NlYlC114LfFFRV/V/ICCT6 1111YOR(ORI1406fAM1) Q (CUP ALL LOCATIONS FOR SIGNATURE) Approving the Su1y 23, 2002, decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for 894 St. Clair Avenue. PIANNtNG CAMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION Has this persoMim eHer �wrked uMer a contract tar this departmmt? YES NO Hes mie oe�s«Jfrm eva been a cdy employee7 VES NO Does this pcv�rm P� a sidll not nwmal�YP� M anY curteM city emWoYee1 YES NO is this persoNfirtn a farpeted vendoY7 YES NO Council t�esearch CeMer .�UL 2 � 2002 AMOUNT OF 7RANSACTION S COST/(tEVD1UE BU�CE7ED (GRCLE ON� YES NO ACTIVIiY NUMBER ��-�o�f (p \ (o. MINUTES OF THE PROPERTY CODE ENFORCEMENT MEETING Tuesday, July 23, 2002 Room 330 Courthouse Cserry Strathman, Legislative Hearing Qfficer The meeting was called to order at 135 p.m. STAFF PRESENT: Pat Fish, Fire Prevention; Gerald Tvedt, Public Works-Sidewalks; Michael Urmann, Fire Prevention; Scott Wemyss, Fire Prevention 963 Seventh Street West Jessica Martin, owner, appeared and stated her attorney is in trial today. They would like to extend the meeUng to another day. Mr. Strathman asked did she want to talk about it today and continue it another tune for her attorney to be here. Ms. Martin responded yes. They did a voluntary vacation on part of the premises. They haue relocated a11 the residents from the upstairs portion. Today, Station 10 was out and roped off the sidewalk on the whole back half of the building. They inspected the fire exits through the retail portion to make sure they weren't going to be near the hazzrd area. She is suppose to give Pat Fish a list of addresses of where the tenants have been relocated. (Pat Fish submitted photographs.} Pat Fish reported she has some differences in the facts. The fire companies were not there to inspect the residences. She took photographs this morning of the wa11 that did collapse on Friday showing the reaz exit compromised by the brick that is falling. Both exits are needed for the retail space. 1V�. Strathman stated at the May 14 meeting, they taiked about the sidewalk and some separation that was beginning to occur. He asked when the wall feil down. Ms. Fish responded Friday. Ms. Martin added it was the portion of tl�e wail around the back exit that fell. Aiso, she had a photograph showing there are iwo e�ts to the retail store other than the back exit. Ms. Fish stated when it fell, it did compromise the reaz exit. There are two portions of the retail space. The southern most portion is required to have two e�ts, front and back. Ms. Fish's original order was to maintain the e�ts. She talked to Gerry Tvedt (Public Works-Sidewalk Division) about the sidewalk. She asked the fire companies to tape it off because she was concerned that people would be in danger of the falling brick. As can be seen by the photographs, the brick did let go. The heauy rains may have speeded up the process. There is a lot of brick 1eft on the buiiding. Mr. Strathman stated the owner says there aze sufficient fire e�ts and Ms. Fish says there are not. Ms. Fish responded the retail space on the south is required to have two exits, one in the front and one in the back. During the inspection of the building, she made the owner move the obstnxctions in front of the reaz exit so that people can get out that door. oz �� � PROPERTY CODE ENFORCEMENT M[NUTES OF 3[JLY 23, 2002 Page 2 Mr. Strathman asked about the other retail space. Ms. Fish responded that is a very small area. It has one exit at the main front door. Mr. Strathman stated he is confused: Ms. Fish is saying there are two e�ts and Ms. Martin is saying there aze three. Ms. Martin responded there are three with the one that is blocked. They are adjoining locations. They aze not two sepazate locations. One retail store takes up 961 to 965 Seventh. Nothing sepazates the two stores. Ms. Fish responded there is a wall that sepazates them. By the building code, they aze considered separate azeas, and each azea has to have e�ts. There is a regulaz doorway going between the two azeas. There is a floor to ceiling wa11 between them. Mr. Strathman summarized: there is a wa11 with a door that connects the two spaces. The one on the north has one entrance. The one on the south, had two exits and now has one. There were three and now there are two. Gerry Tvedt reported he had concerns about the structural integrity of the wa1k. There is a crack near the rear portion of the building. He would like their structural engineer to inspect the inside. Mr. Tvedt believes there is a vault airway below the sidewallc that should be abandoned, filied with grauel, and a new sidewalk constructed. He sent a letter on June 14. He expiained what he thought would be the proper construcrion tecluuques. Mr. Strathman asked would the cost of repairing the sidewalk go to the owner. Mr. Tvedt responded the City does not pay any costs of repairing sidewalk like this on commercial properties. Mr. Strathman stated when the City perceives something to be hazardous, sometimes they will do a summary abatement and send the b111 to the property owner. He asked is that ever done in these cases. Mr. Tvedt responded it has been done. Thep were trying to give the options to the property owner, but they haue not had a response from them. Mr. Strathman asked did Mr. Tvedt get a response on his letter to the property owner. Mr. Tvedt responded no. Ms. Martin added that she was allowing her attorney to respond. She will request a permit to take the wall down. They will go with a siding company. The reason they did not hire a contractor is because there aze open sewer lines in the adjoining properties that leak into her basement, which is the whole reason this is washing away. Mr. Strathxnan's asked has the fire department issued new otders with respect to this properry. Ms. Fish responded she did not take any further acfion until the appeal was fuushed. Mr. Strathman asked Ms. Fish's view on continuing this issue to another day. Ms. Fish responded she would adamantly be opposed because of the safety issue. The owner has a responsibility. Ms. Fish is concerned about the people wallcing by and getting injured. She thought there would be some action taken by the owner during the postponement, but she did not see any action taken. 0� � �( (� PROPERTY CODE ENFORCEMENT MINUTES OF JLTLY 23, 2002 Page 3 Mr. Strathman asked is flus situation as it stands today dangerous. Ms. Fish responded absolutely. Mr. Strathman asked is the sidewalk dangerous. Mr. Tvedt responded he does not know until he looks at it. Mr. Stratbman asked was the measures taken temporary. Ms. Fish responded they used yeilow tape to mazk it. It is not secure. Ms. Martin stated that a fire department person did not understand why Pat Fish did not request it to be taped yesterday. Ms. Martin asked them to extend the azea that is taped off. Anyone that trips on the sidewalk is going to fall. She taped ofFthe back exit. Mr. Strathman denied the appeal. This is ciearly a hazardous situation based on the photographs and Ms Fish's testimony. It is no longer a code compliance issue, but a public hazard issue. The City cannot allow this situation to continue. (Note: The City Council approved this decision on July 24, 2002.) 894 St. Clair Avenue Bebe Jacque, 44 Swan Road, Winchester, Massachusetts, properry manager, appeazed and stated there aze three items she is appealing. (The appealed items are in bo1d.) Provide, repair, or replace the fire rated door and assembly in several units. The minimum rating must be 20 minutes. - Ms. 3acque stated she put a wooden strip over the top of the doors, which would cut any air passing through. If there is anything else she can do to avert removing the oak doors, she would rather try that instead of replacing them. (Michael Urmann submitted photograghs.) Michael Urmann reported there aze multiple doors. It is not their intention to require the doors be replaced. The doors are in good repair. Due to the buiiding shifting and settling, the frames got out of square, so there is a gap at the top of the door frame where there may be smoke and fire infiltration. The only way to correct that is to adjust the frame and not the doar. He would like the frame to be cut, readjusted, and rebuilt around the frame to make it again a fire separation. Mr. Strathman asked about attaching something to the top of the door to close the space. Mr. Urmann responded it would be acceptable if it was the same-as or rated material. The fasteners-nails, screws, etc.-can become heated and then take the rating and safety factar out of the door. �Z (�c��t (� PROPERTY CODE ENFORCEMENT MTN[3TES OF NLY 23, 2002 Page 4 Mr. Strathman asked about glues and adhesives. Mr. Urmann responded they may not hold up in a fire condition. The only fix he is awaze of is to readjust the frame to fix the door to go square again. Ms. Jacque stated they added another piece of wood to build the frame down. Mr. Urmann stated she extended the door stop of the frazne to cover the door. If it is the full distance of the door from frame to frame, they may accept it as long as it is the same-as material. Remove the ont-of-service tank. This work may require a permit(s). - Ms. Jacque stated the building is specially designed. The Energy Resource Center and NSP (Northern States Power) worked with the previous owners to design a system that would be energy efficient. When the prices of oil aze lower, they can switch to an oii system; when gas is cheaper, they can switch to a gas system. The boiler gets maintained every yeaz and it is on file with the City. The oil tank is not in the ground; it is in concrete. A couple of years ago, the inspector said the oil had been sitting there too long and asked them to remove the oil in the tank, which they did. The tank has a minunal amount of oil to keep it from rusting. Regarding the oil tank, Mr. Urmann reported, the fire code reads that if it is abandoned or out of service for a yeaz, it has to be removed. All he would require is some sort of cert3fication or a receipt bill that fuel has been put in the tank. Mr. Strathman responded he understands the code definition of "abondonment," but there is also a common sense definition. The owner is not abandoning it. She is electing not to use it. Mr. Urmann stated abandoned to him means that it is unusable for 90 days, and a11 the lines haue been taken out. The code uses the word "unused." This tank has been unused for a year. All he is looking for is something that proves that the tank is in service and being used or a certificarion from a certified mechanical heating contractor that it is a viable piece of equipment that could be used tomorrow if needed. In other words, it functions. Ms, Jacque responded she had a pluxnber come out to make sure the system is in working operation every year. Mr. Strathxnan stated the plumber needs to certify that it could be used. Provide and maintain ali exterior walls free from holes and deterioation. All exterior anprotected surfaces must be painted or protected from the elements and maintained in a professional manner free from chipped or peeling paint. Repair (tuckpoint) missing and deteriorated mortar. Repaint window frames and cracked and peeling surfaces (rear wail). Repair and paint soffit above main entry door. Mr. Jacque stated that she agrees that the buiiding needs to be tuckpointed and some of the windows need to be caulked and painted. The side facing west is the worst. There has been a lot of underbrush that is grown. It is a lazge building complex. It has about 8 sides to the building because it is in the shape of a`u'. They do one face a year because it costs anywhere from $5,000 to $7,000 every time. They aze in the process of elnninating the brush right now so the work can start. The west side will be finished by the end of the suinxuer. The other sides that need immediate attenrion will also get done. o� ��c� PROPERTY CODE ENFORCEMENT MINUTES OF JtTLY 23, 2002 Page 5 Scott Wemyss reported that he found that on multiple faces of the building, the mortar has deteriorated in some fashion. He and the owner haue traded voice mails, but have not talked to each other. He is looldng for a time line and a plan for the tuckpointing to occw. Mr. Strathman asked is the proposal she made acceptable. Mr. Wemyss responded it would be, but there aze some faces that need more attention ftian a one or two year cycle. Mr. Strathman responded he understood her to say that they wouid do the entire west wall this summer and they would address other problems that were serious. Provide an approved electrical service adequate to meet the buildings needs. This work may require a permit(s).... Discontinue use of all multi-plug adapters and extension cords. Contract with a licensed electrician to provide approved 3 prong grounded outlets for all electrical appliances in all units. Provide permits and contracts to this office as proof of compliance. - Mr. Urmann stated the owner has not addressed this issue, even though it is on her appiication for appeal. Thexe aze grounded appliances in all units, such as computers and microwave ovens, that are being plugged into nongrounded outlets, which defeats the safety device itself. The tenants are taking out the grounding prong on the plug or putting in an adapter to plugging into a two prong outlet. It is a hazard. They aze allowed to use a nongrounded appliance in a nongrounded ouUet. When they aze using an appliance with a ground, she had to provide them with a grounded outlet. They can be told to not use grounded appliances, but that usually does not work. Mr. Strathman asked how expensive is it. Mr. Urmann responded it can be easily repaired if the conduit and box are both metal. ff the wiring system is three wire, again it can be very easy. The code also allows an option to provide a GFI circuiC for that whole circuit. All of those appliance plug ins are changed to a grounded outlet that loops back to a GFI circuit. They are a11 doable. Mr. Wemyss stated that he found that it is an upscale clientele so they all have some sort of computer, printer, and associated hardwaze. Some have plugged into a power strip, but the power strip has been adapted to a two prong outlet so they have defeated the ground in that fashion. The apartments aze wired predominantly in a two wire outlet. His e�perience with other buildings would lead him to guess it is a two wire system with metal conduit and metal boxes. Mr. Stratl�mui responded she would not have to replace them ali, but just those that have to be used by people for appliances that require ground. Mr. Urmann responded they normally would have to replace one outlet in each room with a grounded outlet. Ms. Jacque stated she was told the same thing when they were doing the bathrooms. Each GFI costs about $150 per outlet. They aze talking about $SOQ worth of work per apar(ment and the rent is $700 for an auerage. It will not be economically feasible if they are asking her to change all the outlets. Also, it is confusing because now she is being told to do it according to tenants use, which is variable. Mr. Wemyss responded he designed his order so the environment needed to be constructed in such a fashion to encourage the tenants to do the right thing. �z �� � PROPERTY CODE ENFORCEMENT MINUTES OF JULY 23, 2Q02 Page 6 Mr. Strathman asked about installing the proper ground at the tenants request. Mr. Wemyss responded that would be a good idea in theory, but if the tenant already has the adapter in place, it is not an issue for them. Ms. Jacque asked the purpose of the ground. Mr. Urmann responded so that someone will not be shocked if the electrical system fails within the appliance. The electrical goes back to the ground instead of the person. Power strips do not work if they aze plugged into a nongrounded outlet. Mr. Strathman stated it is not necessary for her to do it tomotrow, but it necessary for it to get done. She needs to talk to an electrician to find out how big a project this is. If the electrician says this it is a big deal, that is another concern. Perhaps the Fire Department is willing to amend this order so that she has a period of tune to investigate, consider her opiions, put it into her budget, and deal with it. Ms. Jacque stated whenever they get into the older buildings, there are lots they start to find. What started out to be $150 a unit, ended up being about $500 a unit. Mr. Urmann stated they are wiiling to work with tune issues. Gerry Strathman's decision is as follows: 1) The owner will provide an annual certification from a certified mechanical heafing contractor indicating that the tank is functioning properly. 2) The Fire Prevention Inspectors will evaluate the owner's proposed solution to the fire rated doors. 3) The owner wiil do tuckpointing this year on the west wa11 and all other azeas that need immediate attention. 4) The owner will provide one functioning grounded outlet in each room. Fire Frevention inspectors will work with the owner so that the electrical work will be done in an orderly and economic manner. The meeting was adjoumed at 233 p.m. E���i ORIGINAL Council File # O- q fP Green Sheet # 113826 Presented Referred To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the July 23, 2002, 2 decision of the Legislarive Hearing Officer on Property Code Enforcement Appeals for the following address: 3 Property Appealed A epp ilant 4 5 894 St. Clair Avenue Bebe Jacque 6 Decision: 1) The owner will provide an annual certification from a certified mechanical heating contractor 7 indicating that the tank is functioning properly. 2) The Fire Prevention Inspectors will evaluate the owner's 8 proposed solution to the fire rated doors. 3) The owner will do tuckpointing this yeaz on the west wall and all 9 other azeas that need immediate attention. 4) The owner will provide one functioning grounded ouflet in each 10 room. Fire Prevention inspectors will work with the owner so that the electrical work will be done in an orderly 11 and economic manner. 12 13 14 15 16 17 18 Yeas Nays Absent Blakey ✓ Coleman �/ Harris ,/ Benanau i /' Reiter � Bostrom ,/ Lantry c/ 5 O �. 19 20 21 Adopted by Councii: Date: �aa a. — 22 ` 23 Adoption Certified by Council Secretary 24 By: �Q /t � . -� � 25 Appro e Mayor: 26 By: . �.. Requested by Department of: Form Approved by City Attorney � Approved by Mayor for Submission to Council : �� a�.6q� O�ARTMFNTNFFICE/COUNCIL aAiElNiiWSED � ' c�t Council Offices ,ru� z9 Zoo2 GREEN SHEET No j� 3g26 GOMAC7 PFRSON 8 PFiONE wtlawm Nwa11Dffie Geiry Strathman, 266-8560 �µ��� �,�� MUST BE ON COUNCIL AGEN�.4 BV (Q4T� wsEIG11 INIIIBBtPOR alY�iTORIEY ❑G1YClFnR ROIRQI0. �� A�U1C11LaFRY1CF1oR AiItI1C1111.aFAViV/ICCf6 ❑rvartloxwsatsrwn� ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) cnori a�nuESrm Approving the July 23, 2002, decision of the Legislafive Hearing Officer on Property Code Enforcement Appeals for 894 St. Clair Avenue. RECAMMEN ATION Approve (A) w RejeM (R) PERSONAL SERVICE CONTRAGfS MUSTANSWER THE FOLLOWIN6 QUFSRONS: 1. HasthispersaJfrtnevervrorketluntlMacantractforthistle0arlment'7 PLANNING CAMMISSION VES NO CIBCAMMITTEE 2. Fksthiape'wNfmnorerheenaatyempbyce? CNILSERVICECOMMISSION YES NO 3. Dces ihis P�� P� a sltlll not rwrmallypossessetl by any curteM cilY emploY�? VES NO 4. �s this pe�soruhrm a farp�ed veMOYl YES NO E+mlain all yes aribwers m separate sheet and attach to green she� IN�TIATING PROBLEM ISSUE, OPPORTUNITY (Wl�o, Wtmi When, Where. Why) ADVANTAGESIFAPPROVED COUncil �iesearch CeMer ,lUL 2 � 20� DISADVANTAGESIFAPPROVED � - / . DISADVANTAGES IF NOTAPPROVFD TO7ALAMOUNTOF7RANSACTIONf COST/REVENUEBUOGETED(GRCLEON� YES NO FUNDING SOURCE ACTIIIITY NUMBER � FlNANCIFL INFORMATON (IXPWN) C��-�G(� � �, MINiJTES OF TI� PROPERTY CODE ENFORCEMENT MEETING Tuesday, July 23, 2002 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 135 p.m. STAFF PRESENT: Pat Fish, Fue Prevention; Gerald Tvedt, Public Works-Sidewalks; Michael Urmann, Fire Prevention; Scott Wemyss, Fire Prevenfion 963 Seventh Street West Jessica Martin, owner, appeazed and stated her attorney is in trial today. They would like to extend the meeting to another day. Mr. Strathman asked did she want to talk about it today and continue it another tune for her attorney to be here. Ms. Martin responded yes. They did a voluntary vacation on part of the premises. They haue relocated a11 the residents from the upstairs portion. Today, Station 10 was out and roped off the sidewalk on the whole back half of the building. They inspected the fire ea�its through the retail portion to make sure they weren't going to be neaz the hazard area. She is suppose to give Pat Fish a list of addresses of where the tenants haue been relocated. (Pat Fish submitted photographs.) Pat Fish reported she has some differences in the facts. The fire companies were not there to inspect the residences. She took photographs this morning of the wall that did collapse on Friday showing the rear exit compromised by the brick that is falling. Both exits are needed far the retail space. Mr. Strathman stated at the May 14 meeting, they talked about the sidewalk and some separation that was begimiiug to occur. He asked when the wall fell down. Ms. Fish responded Friday. Ms. Martin added it was the portion of the wall azound the back exit that fell. Also, she had a photograph showing there are two exits to the retail stare other than the back exit. Ms. Fish stated when it fell, it did compromise the reaz exit. There are two portions of the retail space. The southern most portion is required to have two exits, front and back. Ms. Fish's original order was to maintain the exits. She talked to Gerry Tvedt (Public Works-Sidewalk Division) about the sidewalk. She asked the fire companies to tape it off because she was concerned that people would be in danger of the falling brick. As can be seen by the photographs, the brick did let go. The heavy rains may have speeded up the process. There is a lot of brick left on the building. Mr. Strathxnan stated the owner says there are su�cient fire e�ts and Ms. Fish says there are not. Ms. Fish responded the retail space on the south is required to haue two e�ts, one in the front and one in the back. During the inspection of the building, she made the owner move the obstructions in front of the rear exit so that people can get out that door. OZ �G � PROPERTY CODE ENFORCEMENT MINUTES O�' 3ULY 23, 2002 Page 2 Mr. Strathman asked about the other retail space. Ms. Fish responded that is a very small area. It has one e�cit at the main front door. Mr. Strathman stated he is confused: Ms. Fish is saying there are two e�ts and Ms. Martin is saying there aze three. Ms. Martin responded there aze three with the one that is blocked. They aze adjoining locations. They aze not two sepazate locations. One retail store takes up 961 to 965 Seventh. Nothing separates the two stores. Ms. Fish responded there is a wall that sepazates them. By the building code, they aze considered separate areas, and each azea has to have exits. There is a regulaz doorway going between the two azeas. There is a floor to ceiling wall between them. Mr. Strathman suimnarized: there is a wall with a door that connects the two spaces. The one on the north has one entrance. The one on the south, had two exits and now has one. There were three and now there are two. Gerry Tvedt reported he had concerns about the structural integrity of the wa1k. There is a crack neaz the reaz portion of the building. He would like their structural engineer to inspect the inside. Mr. Tvedt believes there is a vault airway below the sidewalk that should be abandoned, filled with grauel, and a new sidewalk constructed. He sent a letter on June 14. He explained what he thought would be the proper construcfion techniques. Mr. Strathman asked would the cost of repairing the sidewalk go to the owner. Mr. Tvedt responded the City does not pay any costs of repairing sidewalk like this on commercial propezties. Mr. Strathman stated when the City perceives something to be hazazdous, sometimes they will do a summary abatement and send the bill to the property owner. He asked is that ever done in these cases. Mr. Tvedt responded it has been done. They were hying to give the options to the property owner, but they have not had a response from them. Mr. Strathman asked did Mr. Tvedt get a response on his letter to the property owner. Mr. Tvedt responded no. Ms. Martin added that she was allowing her attorney to respond. She will request a pernut to take the wall down. They will go with a siding company. The reason they did not hire a contractor is because there aze open sewer lines in the adjoining properties that leak into her basement, which is the whole reason this is washing away. Mr. Strathman's asked has the fire department issued new orders with respect to this property. Ms. Fish responded she did not take any further action until the appeal was finished. Mr. Strathman asked Ms. Fish's view on continuing this issue to another day. Ms. Fish responded she would adamanUy be opposed because of the safety issue. The owner has a responsibility. Ms. Fish is concemed about the people walking by and getting injured. She thought there would be some action taken by the owner during the postponement, but she did not see any action taken. c��.— �� �, PROPERTY CODE ENFORCEMENT NIINUTES OF J[JLY 23, 2002 Page 3 Mr. Strathman asked is this situation as it stands today dangerous. Ms. Fish responded absolutely. Mr. Strathman asked is the sidewalk dangerous. Mr. Tvedt responded he does not know until he looks at it. Mr. S�athman asked was the measures taken temporary. Ms. Fish responded they used yellow tape to mazk it. It is not secure. Ms. Martin stated that a fire deparhnent person did not understand why Pat Fish did not request it to be taped yesterday. Ms. Martin asked them to e�end the area that is taped off. Anyone that trips on the sidewalk is going to fall. She taped off the back exit. Mr. Strathman denied the appeal. This is cleazly a hazazdous situation based on the photographs and Ms Fish's testimony. It is no longer a code compliance issue, but a public hazard issue. The City cannot a11ow this situation to continue. (Note: The City Council approved this decision on July 24, 2002.) 894 St. Clair Avenue Bebe Jacque, 44 Swan Road, Winchester, Massachusetts, properiy manager, appeazed and stated there aze three items she is appealing. (The appealed items are in bold.) Provide, repair, or repiace the fire rated door and assembly in several units. The minimum rating must be 20 minutes. - Ms. Jacque stated she put a wooden strip over the top of the doors, which would cut any air passing through. If there is anything else she can do to avert removing the oak doors, she would rather hy that instead of replacing them. (Michael Urmann submitted photographs.) Michael Urmann reported there are mulfiple doors. It is not their intention to require the doors be replaced. The doors aze in good repair. Due to the building shifting and settling, the frames got out of squaze, so there is a gap at the top of the door frame where there may be smoke and fire infiltration. The only way to correct that is to adjust the frame and not the door. He would like the frame to be cut, readjusted, and rebuilt azound the frame to make it again a fire separation. Mr. Strathman asked about attaching something to the top of the door to close the space. Mr. Urmann responded it would be acceptabie if it was the same-as or rated material. The fasteners-nails, screws, etc.-can become heated and then take the rating and safety factor out of the door. �Z �G ( PROPERTY CODE ENFORCEMENT MINLJTES OF JLJLY 23, 2002 Page 4 Mr. Strathman asked about glues and adhesives. Mr. Urmann responded they may not hoid up in a fire condition. The only fiY he is awaze of is to readjust the frame to fix the door to go square again. Ms. Jacque stated they added another piece of wood to build the frame down. Mr. Urmann stated she ea-tended the doar stop of the frame to cover the door. If it is the full distauce of the door from frame to frame, they may accept it as long as it is the same-as material. Remove the out-of-service tank. This work may require a permit(s). - Ms. Jacque stated the building is specially designed. The Energy Resource Center and NSP (Northern States Power) worked with the previous owners to design a system that would be energy efficient. When the prices of oil are lower, they can switch to an oil system; when gas is cheaper, they can switch to a gas system. The boiler gets maintained every year and it is on file with the City. The oil tank is not in the ground; it is in concrete. A couple of years ago, the inspector said the oil had been sitting there too long and asked them to remove the oil in the tank, which they did. The tank has a minnnal amount of oil to keep it from rusting. Regarding the oil tank, Mr. Urmann reported, the fire code reads that if it is abandoned ar out of service far a year, it has to be removed. All he would require is some sort of certification or a receipt bill that fuel has been put in the tank. Mr. Strathman responded he understands the code definition of "abondonment," but there is also a common sense definition. The owner is not abandoning it. She is electing not to use it. Mr. Urmann stated abandoned to him means that it is unusable for 90 days, and all the lines have been taken out. The code uses the word "unused.° This tank has been unused for a year. All he is looking for is something that proves that the tank is in service and being used or a certification from a certified mechanical heating contractor that it is a viable piece of equipment that could be used tomorrow if needed. In other words, it functions. Ms. Jacque responded she had a plumber come out to make sure the system is in working operation every year. Mr. Strathxnan stated the plumber needs to certify that it could be used. Provide and maintain all exterior walls free from holes and deterioation. All eaterior unprotected surfaces must be painted or protected from the elements and maintained in a professional manner free from chipped or peeling paint. Repair (tuckpoint) missing and deteriorated mortar. Repaint window frames and cracked and peeling surfaces (rear wall). Repair and paint soffit above main entry door. Mr. Jacque stated that she agrees that the building needs to be tuckpointed and some of the windows need to be caulked and painted. The side facing west is the worst. There has been a lot of underbrush that is grown. It is a large building complex. It has about 8 sides to the building because it is in the shape of a`u'. They do one face a yeaz because it costs anywhere from $5,000 to $7,000 every time. They are in the process of eliminating the brush right now so the work can start. The west side will be finished by the end of the sixmmer. The other sides that need immediate attention will also get done. oz ��� PROPERTY CODE ENFORCEMENT MIN[JTES OF JULY 23, 2002 Page 5 Scott Wemyss reported that he found that on multiple faces of the building, the mortar has deteriorated in some fasluon. He and the owner have traded voice mails, but have not talked to each other. He is looking for a time line and a plan for the tuckpointing to occur. Mr. Strathman asked is the proposai she made acceptable. Mr. Wemyss responded it would be, but there are some faces that need more attention than a one or two yeaz cycle. Mr. Strathman responded he understood her to say that tliey would do the entire west wall this suuuner and they would address other problems that were serious. Provide an approved electrical service adequate to meet the buildings needs. This work may require a permit(s).... Discontinue use of all mulri-plug adapters and extension cords. Contract with a licensed electrician to provide approved 3 prong grounded outlets for all electrical appliances in all units. Provide permits and contracts to this office as proof of compliance. - Mr. Urmann stated the owner has not addressed this issue, even though it is on her application for appeal. There are grounded appliances in all units, such as computers and microwaue ovens, that are being plugged into nongrounded oudets, which defeats the safety device itsel£ The tenants aze talcing out the grounding prong on the plug or putting in an adapter to plugging into a two prong ouUet. It is a hazazd. They are allowed to use a nongrounded appliance in a nongrounded outlet. When they aze using an appliance with a ground, she had to provide them with a grounded outlet. They can be told to not use grounded appliances, but that usually does not work. Mr. Strathman asked how expensive is it. Mr. Urmann responded it can be easily repaired if the conduit and box are both metal. If the wiring system is three wire, again it can be very easy. The code also allows an option to provide a GFI circuit for that whole circuit. All of those appliance plug ins are changed to a grounded outlet that loops back to a GFI circuit. They are ali doable. Mr. Wemyss stated that he found that it is an upscale clientele so they all have some sort of computer, printer, and associated hazdware. Some have plugged into a power strip, but the power strip has been adapted to a two prong ouflet so they have defeated the ground in that fashion. The apartments are wired predominantly in a rivo wire ouflet. His experience with other buildings would lead him to guess it is a two wire system with metal conduit and metal boxes. Mr. Strathman responded she would not have to replace them ali, but just those that have to be used by people for appliances that require ground. Mr. Urmann responded they normally would have to replace one outlet in each room with a grounded outlet. Ms. Jacque stated she was told the same thing when they were doing the bathrooms. Each CTFI costs about $150 per outlet. They aze talking about $500 worth of work per apartment and the rent is $700 for an auerage. It will not be economically feasible if they aze asking her to change ail the ouflets. Also, it is confusing because now she is being told to do it according to tenants use, which is variable. Mr. Wemyss responded he designed his order so the environxnent needed to be constructed in such a fashion to encourage the tenants to do the right thing. dz �� � PROPERTY CODE ENFORCEMENT MINLJTES OF JLTLY 23, 2002 Page 6 Mr. Strathman asked about installing the proper ground at the tenants request. Mr. Wemyss responded that would be a good idea in theory, but if the tenant already has the adapter in place, it is not an issue for them. Ms. 7acque asked the purpose of the ground. Mr. Urmann responded so that someone wiil not be shocked if the electrical system fails within the appliance. The electrical goes back to the ground instead of the person. Power strips do not work if they are plugged into a nongrounded outlet. Mr. Strathman stated it is not necessary for her to do it tomonow, but it necessary for it to get done. She needs to talk to an electrician to fmd out how big a project this is. If the electrician says this it is a big deai, that is another concem. Perhaps the Fire Department is willing to amend this order so that she has a period of time to investigate, consider her options, put it into her budget, and deal with it. Ms. Jacque stated whenever they get into the older buildings, there are lots they start to fmd. VJhat started out to be $150 a unit, ended up being about $500 a unit. Mr. Urmann stated they are willing to work with fime issues. Gerry Strathman's decision is as follows: 1) The owner will provide an annual certification from a cerkified mechanical heating contractor indicating that the tank is functioning properly. 2) The Fire Prevention Inspectors will evaluate the owner's proposed solution to the fire rated doors. 3) The owner wili do tuckpointing this yeaz on the west wall and all other areas that need immediate attention. 4) The owner will provide one functioning grounded outlet in each room. Fire Prevention inspectors wiil wark with the owner so that the electrical work will be done in an orderly and economic manner. The meeting was adjourned at 2:33 p.m. rrri