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08-199Council File # Qg �(99 Green Sheet #3050350 1 � 3 4 � 6 7 8 9 10 ll 12 13 14 15 16 17 18 RESOLUTION F�AINT PAUL, MINNESOTA I'resented by Iq BE IT RESOLVED, tha�"fP�uncil of the City of Saint Paul hereby certifies and approves the January 3, 2008 decision of the Legislative Hearing Officer on Appeals of Letters, Conection Notices and Correction Orders for the following addresses: Pronertv Appealed 570 Asburv Street Appellant(s) Allison Klis, on behalf of Hamline Park Plaza Partnership Decision: Deny the appeal and grant an extension to December 31, 2008 714 Stryker Avenue MJF Property Management Decision: Deny the appeal 749 Hall Avenue Michael Leach Decision: Deny the appeal for the use of the third level as a sleeping room as Yhis was a real safety issue ✓ Requested by Department oP: � Helgen Stark Adopted by Council: Date 3 Adoption Certified by Cou�cil Secretary B - Approved b o. Date � i� (� By: Form Approved by City Attomey By: Form Approved by Mayor for Submission to Council By: Approved by the Office of Financial Services � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 6� -(9`1 C� {ouncil - Contact Person & Phone: Marcia Moertnond 6-5570 Must Be on Council Agenda by (D� ' Doa 7ype: RESOIUTION ' E-Document ReqUlred: Y � Document ContacL Mai Vang ' Contact Phone: 6-8563 22-FEB-08 I Green Sheet NO: 3050350 � veuam�rcm aemwre�seu 0 ouncil Assign 1 ouncil De artment Director Number 2 i Clerk Ci Clerk Por Routing 3 Order 4 5 � Total # of Signature Pages _(Clip All Locations for Signature) , Action Requested: ' Resolutwn approving the January 3, 2008 decisions of the Legislative Heazing Officer on Appeals of Letters, Correction Notices and ; Corcection Orders for properties at 570 Asbury Street, 714 Stryker Avenue, and 749 Hall Avenue. � �i Recommendahons: Approve (A) or R __ Plamm�g Commission � CIB Committee ' Crvtl Service Commission 1. Has this persoNfirm ever worked under a coniract for this department? Yes No 2. Has this person/firm ever been a ciry employee? Yes No 3. Does ihis person/firm possess a skill not normally possessed by any current city employee? Yes No Expla�n aii yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): ' Advantages If Approved: , DisadvantageslfApproved: i1 �i Disadvantages If Not Approved: i Transaction: Funtling Source: F inan cial I nformation: (Explain) CosURevenue Budgeted: Activity Num6er: February 22, 2005 10:58 AM Page 1 bg M3NUT'ES OF THE LBGISLATIVE HEARING ON LETTERS OF DEFICIENCY, CORRECTION NOTICES CORRECTION ORDERS t1ND LETTERS Thursday, January 3, 2008 Room 330 City Hall, 15 Kellogg Blvd. West Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 1:30 pm. Staff Present: Leanna Shaff, Department of Safety and Inspection (DSI) - Fire Prevention 1. Appeal of Allison Klis, on behalf of Hamline Pazk Plaza Parinership, to a Certificate of Occupancy Deficiency List for property at 570 Asburv Street. Ms. Moermond requested a staff report. Ms. Shaff stated that on December 12, 2007, Inspector Kris Skow-Fiske conducted a Certificate of Occupancy inspection and discovered that in many of the units, walls had been moved around at one time or another so the sprinkling system was not adequate. An appeal has been filed which addresses the sprinkler head locations throughout the building. The owner purchased the building two years ago and was not aware of the issue related to the sprinkler head locations. The owners have received a bid from Olsen Fire Protection, Inc., which has outlined the work needed, which is estimated at approximately $10,000.00. Ms. Shaff stated that she has had an opportunity today to speak with Mr. James Councilman, a representative of Hamline Park Office Plaza, and he and she agreed that the work could be completed by the end of 2008. Ms. Shaff added that Fire is not opposed to that timeframe. Ms. Moermond stated that she would recommend denying the appeal and granting an extension to December 31, 2008. 2. Appeal of M7F Property Management to a Certificate of Occupancy Deficiency List for propert}� at 714 Strvker Avenue. Ms. Moermond requested a staff report. Ms. Shaff stated that on November 14, 2007, Inspector Stevens went to the property on a referral that the washer and dryer were not working. He saw that the washer and dryer were not working and also saw cabinets torn down; as he walked through the property, he found holes in the walls. When he returned to the office, he reviewed the file and noted that a Certificate of Occupancy inspection was scheduled for Mazch. When a referral is received this close to a C of O inspection date, an early C of O inspection will be done. The building was inspected for renewal of the Fire Certificate of Occupancy. Ms. Moermond read the submitted appeal, "The inspector went through the entire building; no notice was given; the Inspector misrepresented to my handyman that it was for C of O; and the C of O was completed four (4) months ago. Tnspector claimed that a referral on November 15, 2007 showed conditions that warranted another C of O; however, orders issued on November 15 were only for a broken washer and dryer. The inspection was unwarranted and therefore in violation of City ordinance." Ms. Moermond questioned Ms. Shaff as to the date of the last C of O inspectlon. January 3, 2008 Property Code Minutes �� ,�C1 Gj Page 2 Ms. Shaff answered this was started on March 8, 2007 and was completed on June 25, 2007. This was categorized as a C building at that point in time and noted that a Class C was now one (1) inspection per year. Michael Fox, representing the property, stated that the initial inspection was just for a broken washer and dryer. Ms. Shaff answered that the complaint was investigated, and, due to the time frame, was rolled over into a C of O inspection. Mr. Fox stated that the handyman was to be there far the washer and dryer only. Ms. Shaff noted there were two (2) letters sent. Ms. Shaff informed Mr. Fox that one of the comments Fire Inspector Barb Cuuimings made was that last March (2007), all units needed smoke detectors and/or battery replacement. She added that smoke detectors are required by State Starixte, that 299.F362 addresses smoke detectors. Mr. Fox stated, "You guys go in there and make them put the batteries hack in. It is impossible to monitor." Ms. Shaff noted that State Statute does supersede all codes and ordinances, especially on smoke detectars. Ms. Moermond questioned Mr. Fox as to whether he was adequately noticed that this was going to happen. He responded "No." He added that he does not have a problem with what was found; he has a problem with the way it was found. Ms. Moermond stated that she will recommend to the Saint Paul City Council that this was a valid inspection, that Mr. Fox's person was there, met the inspector, and showed the inspector these areas. The inspector had information from the previous inspection. She stated it is her belief that Mr. Fox had adequate notice, as there was no returned mail. She recommended denying his appeal. 3. Appeal of Michael Leach to a Certificate of Occupancy Deficiency List for property at 749 Hall Avenue. Mr. Moermond requested a staff report. Ms. Shaff stated that Fire Inspector Neis was at the 749 Hall Avenue property on the Certificate of Occupancy inspection and noted that in the upper unit, the ceiling height only measures 6 feet, 6 inches at its highest point. Ms. Moermond noted exceptions as stated in the 2000 International Fire Code. She added that ceiling height is addressed in 1003.2.4: "In order to provide an exit path that maintains a reasonable amount of headroom clearance for the occupants, this section requires the means of egress to haue a minimum ceiling height of 7 feet (2134 mm). The intent of the provision is to address all potential paths of exit travel that can be created based upon multiple directions of egress and the layout of the room or space insofar as fumiture, equipment and fixtures are concerned. Any portion of the floor area of the building that can be considered as a possible exit path should be provided with a minimum 7-foot (2134mm) clear height, unless reduced by exceptions permitted for sloped ceilings, dwelling units, stair headroom, door height and protruding objects." Ms. Shaff informed Mr. Leach that the ceiling height for at least half of the room, that if you must exit, you will not hit your head. She stated that this may be used for a den or something else other than a bedroom. January 3, 2008 Property Code Minutes �� �(�G( Page 3 Mr. Leach stated that he acquired the property in 2002; the property was listed as a four-bedroom. He stated that the room upstairs is 24' x 11 ; there is one bedroom downstairs; another room downstairs; a dining area, living room azea downstairs; with a full bath and kitchen. The upstairs has two bedrooms on the main floor and a kitchen. The bedroom being discussed today is a trurd level. Ms. Moermond stated that she is concerned about Fire Fighters getting in and out of this room. She added that this cannot be used as a bedroom space—it can be used as another kind of space, but not as a sleeping room. Ms. Shaff noted that this room could be used as a den or a living room. She stated that DSI-Fire can produce something in writing to make this more clear. Ms. Moermond recommended denying the appeal for the use of the third level as a sleeping room as this was a real safety issue. Submitted by: Barb Benson