November 3, 2006 minutes
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MEMBERS PRESENT: |
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Chairman Frank Lewis, Co-Chairman Doug Dillon, Jim Carpenter and Chuck Hoag |
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MEMBERS ABSENT: |
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Kenny Breithaupt |
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Guest: |
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Mark Ridenour, Natural Breeze Inc; Victor Torres, City of Lawrence; Barry Walthall, City of Lawrence; Adrian Jones, City of Lawrence |
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Ex-Offico: |
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Mark Mills, Plumbing Inspector |
Call meeting to order
Lewis called the meeting to order at 1:05 p.m.
Introductions
The Board Members and Guest introduced themselves.
Natural Breeze request for variance
Natural Breeze’s request was for a variance from section 408.6 of the 2003 Uniform Plumbing Code, specifically the twenty four inch clear space required in front of the water closet.
Lewis turned the floor over to Mark Ridenour of Natural Breeze Inc.
Ridenour stated that his main point was there was no health or safety issue and the home owners were happy. Ridenour explained that the violation got past him, the designer, the rough inspections and was unfortunate.
Ridenour stated that a water closet was twenty seven inches and with the twenty four inch clearance a room would clearly need to be fifty one inches. Ridenour pointed out that the room was never that big.
Dillon asked if he was reading the dimension in front of the water closet correct in that it was seventeen inches.
Ridenour said that the dimension was seventeen inches. Ridenour then stated that the home owners liked the smaller space because the people that will live there have mobility issues.
Ridenour stated that if Natural Breeze had built the home scratch it would have been different they probable would have put in ADA bathrooms in each room. Ridenour expressed that there was one ADA bathroom and the two bathrooms in question were added for convenience and privacy for the patience living in those particular rooms.
Ridenour informed the Board that changing the clearance would create a great hardship on the owners. Ridenour explained that the concrete, drywall, tile and walls would all need to be torn out to achieve the proper clearance.
Ridenour stated that if the violation had been caught any time prior to the final inspection that it would not have been a problem.
Hoag asked if Walthall had any comments.
Walthall stated that the situation was clear and it was just a matter of how the Board wanted to proceed.
Hoag questioned if Walthall had any impute whether or not it should stay or go or should be changed.
Walthall stated that he would defer to the Board.
Jones stated that the compartment was very small and that he would not be able to use the water closet.
Ridenour stated that the owners of the property knew that going into the project and like it that way and felt it added more security for the residents.
Hoag asked if there was anything Ridenour could do other than tearing out walls to make it code compliant.
Ridenour stated that they had tried a couple of different water closets but could not get the clearance. Ridenour asked if this had come up with any of the Board members.
Dillon responded that his company had been sited for not meeting the side clearance of fifteen inches on a water closet and was required to fix the violation.
Hoag stated that with the owner’s approval he had no problem allowing the variance.
Dillon stated that would be going against the code and then the Board would have to allow it for someone else, then someone else.
Ridenour replied that after this appeal everyone would be more conscious of the requirement, especially the inspectors. Ridenour continued that the inspectors will be looking for this at earlier stages of construction.
Dillon stated that the violation got by the plumber, builder and the City until it was too late from what he was reading. Dillon asked what happens if the Board approves the variance with owner’s blessing, the place gets sold to someone else and there’s an issue ending in a law suit.
Hoag asked if the violation was caught at the final inspection.
Torres responded that would be when the violation would be caught because that was when the fixture is installed.
Ridenour stated that with some foresight you would know the clearance was not going to be there.
Torres explained that there are a number of different dimensions for water closets and the City’s inspectors look at the product at the final inspection for the minimum clearances. Torres went on to say that the code does not specify the size of the room or the length.
Ridenour replied that just looking at the plans, there is not twenty four inches in front of it or the stool would be over three feet long.
Torres stated that the water closet on the plans was an architectural stencil and may not be to the scale of the drawing.
Carpenter made a motion to approve the variance. Hoag second the motion, the motion passed 4-0.
Dillon stated that he would like to see a waver signed by the owners added to the file.
Torres suggested that the letters and the minutes from the meeting could be attached digitally to the permanent file in the Neighborhood Resources office.
The Board was in agreement with Torres’ suggestion.
Walthall thanked the Board for meeting on short notice and that their service was appreciated.
Adjourn
With no other business a motion was made by Dillon to adjourn the meeting, Hoag second the motion, the motion passed 4-0.
Carpenter adjourned the meeting at 1:30 p.m.