City of Lawrence
Fire Code Board of Appeals
February 4, 2013
MEMBERS PRESENT: Stephen Blanchard, Capt. Pete Easterwood, Tracy Green, Dan Wilkus, Jay Zimmerschied
MEMBERS ABSENT:
STAFF PRESENT: Chief Mark Bradford, Division Chief James King, Jeanette Reiling
GUEST PRESENT: Adrian Jones, Scott McCullough, Barry Walthall
Chair Stephen Blanchard called the meeting to order at 4:00 p.m.
APPROVAL OF MINUTES:
There were no minutes for approval.
OLD BUSINESS:
There was no old business.
NEW BUSINESS:
The Board waited till approximately 4:20 p.m. for Mr. Clark to arrive. Scott McCullough confirmed that he had sent a meeting announcement to Mr. Clark.
Chair Stephen Blanchard told board members that they would be discussing an appeal brought by Mr. T. J. Clark regarding sprinkling of a mercantile he wants to open at 1040 Massachusetts St.
Chair Blanchard asked Division Chief Jim King to give board members and guests some additional information regarding the appeal.
Division Chief Jim King responded that the appeal was regarding a 10,000 sq. ft. space and the issue before the board was that Mr. Clark would like to open a mercantile that sells upholstered furniture within that space; he is making an appeal to use the space without the benefit of a fire sprinkler system which is required under the 2009 IFC that was adopted and amended by the City of Lawrence. Division Chief King stated that Mr. Clark is appealing this and would like the board to revert back to the 2006 IFC or earlier code that did not have a sprinkler requirement until meeting the threshold of 12,000 sq. ft. Division Chief King asked for clarification or any additional comments from Scott McCullough, Director of Planning and Development Services.
Scott McCullough commented that Mr. Clark had not formally made an appeal; he had presented his issue to the City Manager who advised him to present the issue to the Fire Code Board of Appeals for recommendations to try to resolve his ‘challenge’. The recommendations of the Board would then be presented to the City Commission as well as Mr. Clark.
Division Chief King stated the position of the fire department was to stay with the 2009 IFC until such time as the 2012 IFC is adopted. Under the 2009 IFC any mercantile or any business that sells upholstered furniture is required to be fully sprinkled, it would also be required to have smoke detection and a monitored alarm system in conjunction with that. Division Chief King stated that Mr. Clark had been informed via his office and Planning and Development Services that under the 2012 IFC he would be able to have up to 2,500 sq. ft. with the proper separations for upholstered furniture in lieu of that. Division Chief King stated the issue before the board was threefold, recommend the board’s position with regard to the 2012 IFC, continue to stand behind the 2009 IFC or consider an action, which is outside the scope of the board, or to revert to an earlier code edition that does not have that requirement.
Chair Blanchard asked if the 2009 IFC included a 5,000 sq. ft. threshold. Division Chief King answered that in the 2009 IFC there was no threshold, any amount of upholstered furniture in a mercantile required the building to be fully sprinkled. In the 2006 IFC, the threshold was 12,000 sq. ft. The 2009 IFC square footage threshold was zero. The 2012 IFC changed to a 5,000 sq. ft. threshold and the board then recommended through local amendments adopting the 2,500 sq. ft. threshold.
Chair Blanchard stated that the building had a bowstring type construction and asked Adrian Jones if the building was a 5B. Adrian Jones stated he was not familiar with the supporting walls in the structure so it could be a 3B. Chair Blanchard asked Adrian Jones if there were any restrictions from Planning and Development Services for a building of this construction type. Adrian Jones answered that “no, building construction type would be a separate issue.” Mr. Wilkus asked if there was an exception made if it would apply citywide or just on an individual basis. Division Chief King stated that his impression from Mr. Clark’s emails was that he wanted the exception applied to his individual business.
Chair Blanchard stated the board had previously had much discussion regarding this topic. Chair Blanchard stated he understood that Mr. Clark had been informed that he could separate the spaces to allow for 2,500 sq. ft. of space for upholstered furniture to meet the 2012 IFC criteria and have that space solely dedicated to upholstered furniture, the other 7,500 sq. ft. for whatever he wanted, other than upholstered furniture, and asked Scott McCullough if this was not favorable to Mr. Clark.
Scot McCullough stated that Mr. Clark felt this would be a temporary situation and he wasn’t able to put a lot of money into the building. He felt he may only be there for about three years or the building owner might move him out of the building eventually. Chair Blanchard stated that if Mr. Clark moved his business to a different jurisdiction, he would be faced with the same situation.
Chair Blanchard stated he felt that a 10,000 sq. ft. space without sprinklers would not be a good idea.
Chair Blanchard made a motion not to change the Board’s position on the adoption of Section 903.2.7 Group M, threshold at less than 2,500 sq. ft. not requiring fire sprinklers and to maintain the 2012 IFC as submitted with local amendments and to enforce the 2009 IFC as currently adopted.
Jay Zimmerschied seconded the motion. The motion was passed unanimously.
Division Chief King stated that board members should consider scheduling meetings periodically throughout the year. Chair Blanchard suggested possibly meeting every three months. Division Chef King stated that he would look at the calendar and contact board members regarding a meeting sometime in early June, 2013.
ADJOURNMENT
Division Chief King made a motion to adjourn. Meeting was adjourned at 4:37 p.m.
NEXT MEETING
Next meeting will take place in early June, 2013.