08-08-1988 Appeal Hearing
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BUILDING TRADES REGULATORY AND APPEALS BOARD
APPEAL HEARING
AUGUST 8, 1988, 7:00 P.M.
EDGEWATER CITY HALL
Chairman John Ciaffoni called to order a hearing on August 8, 1988 at 7:00 p.m.
to hear an appeal filed by Mr. Paul Bowman.
ROLL CALL:
Members present were: Les Ogram, Norman Cox, Jack Hayman and John Ciaffoni.
Also present were Dennis Fischer, Building Official, Jan Morris, Secretary
and Mr. Paul Bowman. Member Larry Swets was excused and Doug Cole and
Lester Yarnell were absent.
APPEAL:
Chairman Ciaffoni stated the meeting was called to hear an appeal of a decision
made by the Building Official and Fire Inspector to operate a business at
1804 Hibiscus Drive. The appeal was filed by Mr. Paul Bowman.
Mr. Bowman and Mr. Fischer took an oath to tell the truth and nothing but
the truth.
Mr. Fischer explained what had transpired up to the filing of the appeal. He
stated the building at 1804 Hibiscus was a multiple. unit building separated
into office/warehouse.. He stated they did a building inspection on June 17, 1988 and
it lacked the fire separation requirements called for in Building Code, Section
403., which is tenant separation. Section 403. has a listing of fire separation
between tenants in one building and list how much that separation is required to be.
He stated when the inspection was done to Mr. Bowman's building they found
hollow core doors between tenents so they left Mr. Bowman a copy of that section
of the code in regards to one hour separation and what he needs to do to bring it
into compliance. Mr. Fischer read Section 403. (Mixed Occupancy Separtion) from
the Southern Building Code. He stated that when a building as two or more
occupancies then that is classified as a mixed occupancy. He related there is
an exception to the occupancy separation requirements but it is Class "B" and
Class "S". If you have 3,000 square feet 0 less and a single group occupancy
then you do not have to have fire separation.
Mr. Fischer stated Mr. Bowman's business of cabinet manufacturing isa Class "F"
occupancy. He stated they have more than one occupancy and more than one
classification. He related to the Board the business now occuping the the building.
Mr. Fischer read a letter sent to Mr. Bowman in reference to what needs to
be done and the history of the building. He said the areas in question were
the office areas and storage areas that were not occupied by the same tenant.
He also stated he have taken pictures in the attic area of the crawl space
and the fire separation is a north and south separation between individual units.
Mr. Bowman read a letter he had sent to the Mayor. He stated the Code people
has given him about fifteen things he needed to do. Mr. Bowman stated he was
first told he could have his business in there and then told he did not qualify
to put his business in there.
Mr. Bowman related to the Board he did not want to go against the code but
he did not want to spend a lot of money to fix something and then if the code
changes next year be told he had to do something else. He said he was told
he needed two coarses of one hour fire rating, 5/8 inche drywall, in between
tenents. He said he took the code back to them and showed them the section
on exceptions and they then told him he was a Class "F". He said he contacted
the Southern Building Code in Brimingham and was told the block had some
fire rating therefore they said he only needed to put one hour fire rating in.
Mr. Bowman said he did not want to pay for a new set of code changes now or in
the future. He just want to operate his business.
The Board reviewed past occupancies of the building and present ones. They
reviewed the Southern Building Code classifications and requirements.
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The Board discussed the City zoning code along with the Southern Building Code.
It was stated the City zoning code allows light manufacturing in the B-2 zoning
but the Southern Building Code does not make discintion for light manufacturing.
It just groups all manufacturing under Class "F" whether small as Mr. Bowman
or large as General Electric.
Mr. Hayman asked for clarification. He sated the orginial owner of the building
back in 1982 asked for the approval of the building so he could rent it for a
storage area and it was carried 5-0. Therefore, he had offices with storage areas
immediately behind them. Mr. Fischer replied that was the plan.
Mr. Hayman asked Mr. Bowman if at the present time if his plans were a similar
arrangement as the previous owners or if he intended for one occupy an office
and another occupy a storage area.
Mr. Bowman answered in some places a tenent may occupy the office with another
occuping the storage area.
Mr. Hayman stated in that instance then that wall separating the office area
and the storage area does not conform with what code requires in reference to
fire protection from the floor to roof.
The Board discussed the exception to the square footage and the classifications.
Mr. Fischer stated by definition of the Southern Building Code, you have business,
storage and factory.
Mr. Hayman said we are back into the B-2 zoning which allows light manufacturing
where on the other hand the Southern Building Code makes no provision between the
small manufacturer or the large industrial complex.
Chairman Ciaffoni read the "F" Classification in the Southern Building Code.
Mr. Fischer told the Board not to confuse the zoning code and what is allowable
with the building code and what is called different classifications. He added
a classification may fall within one area in the building code and mayor may
not be allowed within one area just by reference in the City Code.
After a lengthy discussion, Mr. Hayman made a motion to recommend to the City
Council that the B-2 zoning be amended to reclassify "Light Manufacturing
which does not exceed three employees and performing light manufacturing,
service and repairs as a "B" occupational classification. Motion seconded
by Mr. Cox. Approved 4-0.
There being no further business a motion was made by Mr. Cox, seconded by Mr.
Ogram that the meeting adjourn. Meeting adjourned at 9:25 P.M...
Minutes Respectfully Submitted By.
Janet Morris
Building Trades Regulatory and Appeals Board
August 8, 1988
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