08-93Council File # �"y 3
Green Sheet #304907]
RESOLUTION
CITY QF SAINT PAUL, MINNESOTA
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Presented by
BE IT RE50LVED, that the Council of the City of Saint Paul hereby certifies and approves the December 18, 2007
decision of the Legislative Hearing Officer on Appeals of Letters, Correction Notices and Correction Orders for the
following addresses:
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11
12
13
14
15
16
17
18
19
20
21
22
23
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2�
Property Appealed
Ag�ellant
1965 Fard Parkwav Steve Hardie, on behalf of
Planned Parenthood
Decision: Appeal denied on sprinkler system connection, grant extension Co October 1, 2008 for compliance. Appeal
denied on exit requirement from stairway and grant extension on complianae with agreement reached by February 8,
2008.
7 38 Vandalia Street Patrick Kriske
Welsh Companies
I�ecision: Appeal denied on sprinkler system expansion to accommodate greater storage load; grant extension to
December 31, 2009 if storage conFguration approved by Fire Prevention staff.
I 19 Garanium Avenue West Jim Daveet
Decision: Appeal denied. Require Departmant re-issue correation order with corrected code citations. Compliance
deadlSne January 18, 2008.
677 3essamine Avenue East
Decision: Appeal withdrawn
Daniel McGarry, on behalf of
Mark Swanson and Maureen
McGarry
Requested by Department of:
�
Foren Approved by City Attorney
By:
Form Approved by Mayor for Submission to Council
By:
Adoption Certified by COUncil Secretary
!
By: � . i �
Approved M o Date � ��
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
�g-�i3
, CD - Council
� ConWCt Person 8 Phone:
Marcia Mcetmond
6-8570
, Must Be on Council Aaen
'� Doa Type: RESOLUTION
; E-Oocument Required: Y
Document Contact: Mai Vang
I Contact Ptwne: 68563
23-JAN-08 I Green Sheet NO: 3049071
� veparuneni aem �orerson
0 onncil
AsSign I Ouucil De arhneotDirecNr
Number Z ' Cle�k
For
Routing 3
Order 4
5
Total # of Signature Pages _{Cl+p All Lxations for Si9nature)
Resolu[ion approving the December 18, 2007 decisions of the Legislative Hearing Officer on Appeals of Lettets, Conection Notices,
and Letters of Deficiency for properties at 1965 Ford Parkway, 738 Vandalia Street, 114 Geranium Avenue West, and 677 Jessamine
Avenue Sast.
iaacwns: qpprove �t�) or tt
Planning Commission
CIB Gommittee
Crvil Service Commission
1. Has this personlfirm ever worked under e contracF for this department?
Yes No
2. Has ihis person/firm ever been a city employee?
Yes No
3. Does this personlfirm possess a skill `wt normally possessed by any
curreat city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity {Who, What, When, Where, Why):
Advantages If Approvetl:
Disadvantages If Approved:
Disadvantages If Not Approved:
Transaction:
Funding Source:
Financial Information:
(Explain)
CosflRevenue Budgeted;
Activity Number:
January 23, 2008 10:01 AM Page 1
b� -93
MINUTES OF THE LEGISLATIVE HEARTNG
ON LETTERS OF DEFTCIENCY, CORRECTION NOTICES
CORRECTI01�3 ORDERS AND LETTERS
Tuesday, December 18, 2007
Room 330 City Hall, IS Kellogg Blvd. West
Marcia Moermond, Legislative Hearing Officer
The hearing was called to order at 1:30 p.m.
Staff Present: Phil Owens, Department of Safety and Inspection (DST) - Fire Prevention; and
Leanna Shaff, DSI-Fire Prevention
Appeal of Steve Hardie, on behalf of Planned Parenthood, Certificate of Occupancy
Deficiency List for property at 1965 Ford Parkwav. (Rescheduled from December 4)
Ms. Moermond requested a staff report. Mr.Owens stated that this appeal concerns the basement
area of the property, that this is a fairly convoluted set of circumstances for a fairly simple issue.
He noted that in 1971, Saint Paul did have a policy that required basements to have fire sprinkler
systems in any area larger than I,500 square feet. He added that in 1976, the Fire Code had
consistent language and continued to have the same policy, In 1986, the Fire Code began to specify
where fire sprinkler systems need to be. In the same year, Saint Paul Fire Prevention drafted a
policy predicated upon this (1986) policy. He discussed ensuing years' policies, and noted that
back to 1986, the code specified areas over 1,500 feet need to be sprinklered. Mr. Owens added
Yhat the only thing that is not happening now, that should be happening, is that thexe is no water to
the sprinkler system, and this would have to be approved by the Water DepartmenYs Engineering
Division. He stated that his question was whether the water supply had been installed properly and
terminated, or whether the water supply never installed.
Mr. Hazdie stated that he was told that the system was inactive. They have had a series of
inspections. He stated that they have appealed this, as they wanted to do some research. In 1995,
anotheT renovation was done, and this one was done by Flannery Construction. Since that time,
Flannery has moved and does not have records of the work that was done. Mr. Hardie added that
they cannot find where the water system comes into the building, and that it has been at least twelve
years since the sprinkler system was working, if it ever was. They have no records of what
happenedthere.
Mr. Owens stated that it would require a hydrostatic test to see if the system could be put in service.
Ms. Moermond questioned whether the water plan was approved in September, 1976. Mr. Owens
shared the report with Ms. Moermond. Mr. Hardie stated he doesn't think there is any water in the
system, and added that if this is a life safety issue, they need to make this happen.
Mr. Owens sYated that it is Fire's thought that this certainly needs to be done, and added thaC, since
it has been tY�is way between eight (8) and thiriy (30) years, a xeasonable time would be given for
them to research the issue and provide the service.
The Annex Fire Door was discussed. Mr. Hardie staYed that this is not an exiUentrance to the
building; this was abandoned in prior years due to security concerns. The main exitlentrance to the
December 18, 2007 Property Code Minutes D�I � 9 3 Page 2
building is observed by a security guard and is located approximately 15 feet from the Annex Fire
Door. He added that this area has been out of service for years, and they would prefer to keep it that
way, that there is no line of sight with this door, which compromises security.
Mr. Owens noted that this door exits out of a stairwell, that the exit from the stairwell must be
operable. Mr. Hardie stated that the door is not operable. Mr, Owens answered that alarms could
be provided which could mark it as"emergency exit only." However, this door needs to be
functional.
Ms. Moermond added that because this services the stairwell specifically, it must be useable.
Mr. Owens stated that, although he irusts the judgment of his inspector, he will look at this and will
check the locking device. Ms. Moermond stated that she will receive a recommendation from Mr.
Owens by January 8` or January 1>` With respect to the water hookup, she noted that this does
seem ta be a lifelsafety issue.
Mr. Owens stated that an air test needs to be done and the test will need to be pressure-tested. He
added that this will be a late spring or summer job.
Ms. Moermond recommended Fire review the plan far full compliance on the fire sprinkler system
by October 1, 2008. The owner should call to schedule an appointment concerning the Annex Fire
Door.
On January 7, 2008, Mr. Owens contacted Ms. Moermond to indicate that he had visited the
location and reaehed an accommodation with Mr. Hardie on the exit door out of the stairway. The
accommodation includes the following: 1) the addition of "Exit" signage; 2) An allowance that the
stair door to the exterior may remain locked; 3) an allowance that the locked door will be provided
with approved signage indicating NOT AN EXTT; 4) a photo lusninescent EXIT sign will be placed
on or over the door from the stair into the lobby; 5) a hard wired, internally illuminated EXIT sign
with batYery back up and Emergency lighting will be provided in an approved location at the main
exit; and 6) Thls work will be completed within 30 days.
Marcia recommended denying the appeal on spxinkler system connecrion, grant extension to
October 1, 3008 for compliance. Denying appeal on esit requirement from stair�vay and granting
extension on compliance wiTh agreement reached by February 8, 2008.
December 18, 2007 Property Code Minutes D g�� Page 3
2. Appeal of Patrick Kriske, Welsh Companies, to a Certificate of Occupancy Deficiency List
for property at 738 Vandalia Street.
Ms. Moermond requested a staff report. Mr. Owens stated that this is a sprinkler issue. This is a
commercial wazehouse operation which has fumiture, as well as contract lease space provided to
other entities. Orders were issued to provide required automatic sprinkler system on main floor and
second floor area where combined floor areas exceed 24,000 square feet or single floor level
exceeds 12,000 square feet. Mr. Owens noted there is a 29,000 square foot basement, and the first
and second floor exceeds the 12,000 square foot limit.
Mr. Kriske stated the ceiling height is eight feet, three inches; if the sprinkler heads were to go in
there, that would come down about six inches; he said stacking would occur eighteen inches below
the sprinkler head, which would bring this down to five feet-plus. He noted that they are currently
stacking up to seven feet. This would cut starage there about 50%. He added that anything he has
in his files indicates approved occupancy going back to 2000, with no indication that they aze in
violation. He stated he has letters dated November 9 and November 16.
Mr. Owens answered that the company was notified eazly on that the November 9 letter was in error
and that the November 16 letter superseded the November 9letter.
Mr. Owens referred to #3 on the deficiency list, "Provide required automatic sprinkler system
throughout the basement." He stated that over the years, the use of the building has increased
significantly. The business has grown, but it also has impacted the fire issues ln the building. It is a
furniture warehouse which has a large quantity of furniture, plus they also contract out and store for
oTher people. Ae stated that storage configurations have always been an issue, and storage
configurarion in the basement is not in compliance. He added Chat they have more furniture now
than they ever have.
Mr. Kriske stated that at one point they �vere informed that if they cut holes every 50 feet or so,
hoses cou]d be dropped. When the property was re-inspected, they were informed the holes could
not be cut because the building is more than 75 feet wide. He questioned whether it might be viable
to cut the requested 20 foot openings on both sides, Mr. Owens answered that Fire can look into
this, that it sounds like it might work. He informed Mr. Kriske thai he will go out Chere with his
staff and, probably, with Mr. Kriske's contractor. He informed Mr. Kriske that the entire idea for
having the sprinkler in the basement is to allow for evacnaCion if there is a fire, that there is no
worse condation than to put a fire fighter into an unventilated basement.
Mr. Kriske stated that his tenants are nervous, as there is a preliminazy bid for the entire sprinkler
system of $298,000. He added that the awner is hoping to stagger the implementation of this
project. The tenants have basically atated that they cannot function with the entire project being
done at once. Mr. Owens perused the bid. He stated that Fire could look seriously at phasing this
in, but they �vould have to manage their own stock and continually comply with e]evations of that
stock. He added that, according to the inspector, it has been a"yo-yo" whenever the inspector has
been out there. He suggested that they could work to establish some parameters, but he was not
prepared to establish those today.
Mr. Kriske asked about responding to the deficiencies on the list if they treat Item #s 1 and 2 as
they are identified, which would be the first to be addressed, the basement or the first and second
December 18, 2007 Property Code Minutes D$ �g ? Page 4
floor. Mr. Owens responded emphatically that the basement should absolutely be first, adding that
a fire that is not suppressed in the basement wi11 quickly become an uncontrotled fire on the first
floor.
Ms. Moermond inquired about Item #1 on the deficaency list: "Install approved hangers and
supports for the gas piping in compliance with Yhe mechanical code." Mr. Kriske replied that this
has been done. He added that he will begin getting hard bids on the basement, and should have
them within the month.
Ms. Moermond stated that she will have Mr. Owens give Mr. Kriske a copy of whatever is given to
her, and if Mr. Owens' proposal is acceptable to Mr. Kriski, it can be handled over the phone; if Mr.
Kriske should want modlfication, he would need to schedule another hearing.
Marcia zecommended denying the appeal on sprinkler system expansion to accommodate greater
storage load; granting extension to December 31, 2009 if storage configuxations approved by Fire
Prevention staff.
Appeal of Jim Dovicet to a Certificate of Occupancy Aeficiency List for property at 119
Geranium Avenue West
Ms. Moermond requested a staff report. Mr. Owens stated this concerns a woodburning stove in the
garage. Calls have been received that there are odors coming from the garage and that garbage may
be being burned in the woodburner. He stated that a wood stove may not be in the garage, that this
has been a section in the Fire Code since 1986, ar probably in the 1984 addition to the code, and is
�till there today.
Much discussion ensued regarding the Fire Code. Ms. Moermond referred to Item #1 on the
deficiency list: "Garage-Woodburner — MSFC 307.1 Fire Prevention has been receiving
complaints regarding fires conducted on your property. Only natural firewood can be burned (no
construction materials, brush or waste materials), and fire shall be extinguished if the smoke is
deemed a nuisance. A citation wi11 be issued for non-compliance."
Mr. Owens stated that garbage cannot be bumed in the house, solid waste cannot be burned on the
premises. He added that the primary issue is that they cannot have a wood stove in the garage.
Mr. Ducet, representing Ms. McClintick, stated that he has done fire suppression wark for many
years. He continued that he called the Fire Inspector, Kevin Chapdelaine, and asked Mr.
Chapdelaine to clarify; he stated that Mr. Chapdelaine explained nothing. He stated that the
incorrect code numbers were listed for deficiency list Item #s 1 and 2. Mr. Ducet continued that
this structure looks like a gazage, but is actually a workshop. He said that he has a fire alarm
security and fire extinguishers in there.
Ms. Moermond confened with Mr. Owens and noted that incorrect code numbers were listed for
deficiency list Item #s 1 and 2. He stated that Mr. Owens' office will send a new letter with the
correct code citations and with a compliance date of January 18, 2008.
December I 8, 2007 Property Code Minutes
Q$'�J�j Page 5
Mr. Ducet discussed harassment issues and requested the name of the complainant. Ms, Moermond
stated that staff is concemed onl}� whether the compiaint is founded or unfounded, and that, by State
law, the complainant's information is confidential; State law does not permit the complainanYs
information to be shared.
Denying the appeal. Require Department re-issue correction order with conected code citations.
Compliance deadline Januuy 18, 2008.
Appeal of Daniel McGarry, on behalf of Mark Swanson and Maureen McGarry, to a
Certificate of Occupancy Revocation and Vacant Building Registration for property at 677
Jessamine Avenue East. (Withdrawn)
Submitted by:
Barb Benson