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HomeMy WebLinkAbout11-30-04 Specail Called Meeting of the La Porte Fire Review Board Minutes CITY OF LA PORTE FIRE CODE REVIEW BOARD MINUTES OF MEETING NOVEMBER 30, 2004 Members Present: Richard Browder, Bryan Moore, Tom Handy, Tom Hayes, Floyd Craft, and Members Absent: Louis Heintschel, Emery Farkas, Sam Brechtel and Jim Suber Staff Present: Deputy Fire Marshal Philip Creamer 1. CALL TO ORDER Meeting called to order at 6:33 p.m. by Chairperson Richard Browder. 2. APPROVE MINUTES FROM MEETING OF October 20th, 2004. Motion by Tom Handy to approve the Minutes of September 21,2004. Second by Bryan Moore. The motion carried. Ayes: Nays: Abstain: Handy, Moore, Hayes, Craft, and Browder None None 3. CONSIDER APPEAL # 04-02 REQUESTED FOR PROPOSED NEW CONSTRUCTION OF PROPERTY AT 421 SOUTH 15TH STREET TEMPLO BAUTISTA CHURCH. APPEAL IS IN REFERNCE TO DECISION MADE BY FIRE MARSHAL TO REQUIRE SPRINKLER SYSTEM BE INSTALLED PER ORDINANCE 603.15.9. THIS APPEAL IS BEING SOUGHT UNDER THE TERMS OF SECTION 105.3 OF THE SBCC11994ed. STAFF PRESENTATIONS Deputy Fire Marshal Philip Creamer reviewed Appeal Request # 04-002 as outlined. The applicant has requested an Appeal to the Fire Marshal's decision to require installation of a sprinkler system for new construction at the Templo Bautista Church located at 421 South 15th Street. PROPONENTS Pastor Jorge Reynaga - representing Templo Bautista Church addressed the board. Pastor Reynaga pleaded to the board his reasons for why he feels the Appeal should be granted to allow the construction without a sprinkler system. His main argument was that the community programs sponsored by his congregation would stop if he had to divert funds to the construction of his small church. His church will be 7300 S.F. and the congregation will be less than 200. OPPONENTS No Opponents Fire Code Review Board Page 1 of 4 The review board discussed the appeal and reviewed the presented materials. A motion was made by Mr. Moore to accept the appeal and was seconded by Mr. Handy. The Motion Carried. Ayes: Nays: Abstain: Handy, Moore, Hayes, Craft, and Browder None None 4. CONSIDER APPEAL # 04-04 REQUESTED FOR PROPOSED NEW CONSTRUCTION OF PROPERTY AT 9529 W. FAIRMONT LIFE COMMUNITY CHURCH. APPEAL IS IN REFERNCE TO DECISION MADE BY FIRE MARSHAL TO REQUIRE SPRINKLER SYSTEM BE INSTALLED PER ORDINANCE 603.15.9. THIS APPEAL IS BEING SOUGHT UNDER THE TERMS OF SECTION 105.3 OF THE SBCC11994ed. STAFF PRESENTATIONS Deputy Fire Marshal Philip Creamer reviewed Appeal Request # 04-004 as outlined. The applicant has requested an Appeal to the Fire Marshal's decision to require installation of a sprinkler system for new construction of the Life Community Church located at 9529 W. Fairmont. PROPONENTS Pastor Alan Neel- representing Life Community Church addressed the board. Pastor Neellisted for the board his reasons for why he feels the Appeal should be granted to allow the construction without a sprinkler system. His main argument is that his church is being built with a 4 hour fire wall dividing the church in half, the hallways were 4 hour rated, and precedence has been set with the appeal approval given to the First United Methodist Church. OPPONENTS No Opponents Deputy Fire Marshal Philip Creamer reiterated the following: · The church is a combined 18,000 S.F. · The Building code has a maximum of 12,000 S.F. per floor and per multistory without adding an automatic sprinkler system. · All Class A assemblies have to be sprinklered per city ordinance. · Per 1997 Life Safety Code - NFP A 101, assembly occupancies with occupant loads of greater than 300 shall be protected by an approved automatic sprinkler system. A motion was made by Mr. Craft to deny the appeal and was seconded by Mr. Handy. The Motion Carried. Ayes: Nays: Abstain: Handy, Moore, Hayes, Craft, and Browder None None 5. CONSIDER APPEAL # 04-05 REQUESTED FOR PROPOSED NEW CONSTRUCTION OF PROPERTY AT 9601 FAIRMONT ADJACENT TO THE FIRST UNITED METHODIST CHURCH. APPEAL IS IN REFERENCE TO DECISION BY FIRST UNITED METHODIST CHURCH TO INCREASE BUILDING OCCUPANCY LIFE SAFETY CODE 8-3.5.1, NFPA 101 AND REFERENCE TO DECISION BY FIRE MARSHAL TO REQUIRE SPRINKLER SYSTEM BE INSTALLED PER ORDINANCE 603.15.9. THIS APPEAL IS BEING SOUGHT UNDER THE TERMS OF SECTION 105.3 OF THE SBCC11994ed. STAFF PRESENTATIONS Deputy Fire Marshal Philip Creamer reviewed Appeal Request # 04-005 (appeal #04-003 & appeal #04-005 are the same appeal) as outlined. The applicant has requested an Appeal to the Fire Marshal's decision to require installation of a sprinkler system for increase of occupant load in the new family life building of the First United Methodist Church located at 9601 W. Fairmont Parkway. PROPONENTS Alan Balius and Scott H., Representatives of the SLI Group, addressed the Board. They are working with the First United Methodist Church on the planned construction. They wanted clarification that the church could occupy the new family life building with more than 300 people and not have to install an automatic fire sprinkler system due to them winning the first appeal. Their presentation was outlined in a slide show. The Pastor of First United Methodist Church spoke on the appeal by SLI and on the original proposal to keep the occupant load below 300 to keep from sprinklering the building. He apologized for any misrepresentation that may have been interpreted. OPPONENTS No Opponents Deputy Fire Marshal Philip Creamer reiterated the following: · The new building will be 11,010 S.F and when combined with the old church will be 30,000 S.F. total. · All Class A assemblies have to be sprinklered per city ordinance. · Per 1997 Life Safety Code - NFPA 101, assembly occupancies with occupant loads of greater than 300 shall be protected by an approved automatic sprinkler system. · The new building and the existing building could total way more than 1000 people being in the combined church. The board reviewed amongst the previous appeal ruling. Then they discussed if they needed to make a motion or rule in the appeal based upon what was originally appealed. The board decided that they did not have to vote on the appeal and the since the original appeal had allowed the construction without a sprinkler building based upon the city ordinance. So the First United Methodist Church is able to occupy the new family life building with more than 300 people but less than a 1000. 6. ADOURN Motion by Bryan Moore to adjourn. Second by Tom Handy. The meeting adjourned at 7:28 p.m. Ayes: Nays: Abstain: Handy, Moore, Hayes. Craft, and Browder None None Submitted by: ~(1~ Philip Carner Secretary Approved on this / /./;! day of C7ikJf.L6~ Lt~tJ~~ Richard Browder Chairperson, Fire Code Review Board Su . 200,A'. City Of La Porte Fire Marshal's Office ACTIVITIES OF FIRE MARSHAL'S OFFICE FOR 2005 ~ Review / Adopt a new Fire Code ~ Review / Update City ordinance on Fire Code Review Board ~ Review / Update Checklist for Inspections ~ Review / update Response Log ~ Review / Update 2005 Business listing for inspections ~ Look at Hiring a new Fire Marshal ~ Continue With Dangerous Buildings Program ~ Update 2005 inspection plan: · May - (2) large car dealerships · June - All Hotel/Motel facilities - along with all Apartment Complexes · July - All Churches scheduled for inspections · August - All LPISD (26) facilities - along with San Jacinto College · September - All airport facilities · October - All licensed facilities (Fire Prevention Month) · November & December- All city buildings ~ Continue Monthly Report ~ Continue to Develop a juvenile Intervention Program with Pasadena ~ Roll Out Additional School Fire Prevention Program ~ Continue Fire Prevention Month - Poster Contest - Add junior and Senior high schools ~ Work with Emergency Operations as a backup to the EOM Phil Creamer Deputy Fire Marshal 604 West Fairmont Parkway La Porte, TX 77571 Office: 281-867-4603 Fax: 281-842=1868 Fire Codes Review Board A. Organization In order to hear and decide appeals of orders, decisions or determinations made by the Fire Marshal relative to the application and interpretation of the Fire Codes adopted in this chapter, there shall be and is hereby created by the City Council of the City of La Porte Fire Code Appeals Board. Whenever this Code refers to the term "Board of Adjustment and Appeals", it shall mean the Fire Code Review Board as established herein. B. Compilation of Board The Fire Code Review Board shall consist of nine (9) voting members and three (3) ex-officio members. The voting members shall be resident electors of the City of La Porte or non-resident individuals owning or operating a business within the City of La Porte, duly verified by proof of an applicable tax statement or utility account for such business, who the City Council deems competent to serve on such Board by virtue of their experience and training in matters pertaining to Fire Safety Codes. Members of the Fire Code Review Board may not be employed by the City of La Porte. The chairperson of the Fire Code Review Board shall be selected by its members. All cases to be heard by the Fire Code Review Board will always be heard by a minimum of five (5) members. C. Membership and Terms Voting members of the Fire Code Review Board are appointed by the City Council, for a term of two (2) years, and serve at the pleasure ofthe City Council. Whenever any position on the board shall become vacant by reason of death, resignation or removal, the secretary shall notify the City Manager and request a replacement. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant for any cause, in the same manner as the original appointment was made. Additionally, the chairman may request a replacement for any member who has missed three consecutive meetings without being excused. The members shall be appointed as follows: · The council persons representing the following district, 1, 2, 3, 4, 5, and 6 shall each nominate one member. · The councilpersons representing the following districts, At Large - Position A and At Large Position B, shall each nominate one member. · The mayor shall nominate one member. The three ex-officio members shall be: · The fire chief, or his duly authorized representative. · The fire marshal, or his duly authorized representative. · The chief building official or his duly authorized representative. All nominations are subject to confirmation by a majority of the City Council of the City of La Porte. The fire marshal shall be the secretary to the board. It shall be his duty to post notices of meetings, keep meeting minutes, handle correspondence and any other duties as may be assigned by the board. D. Rules and Meetings The Fire Code Review Board shall adopt rules of procedure in accordance with the provisions of this chapter, and this code. Meetings of the Board shall be held at the call of the Chairman and at such other times as at least five (5) members of the Fire Code Review Board may determine. All meetings of the Fire Code Review Board shall be open to the public. The Fire Code Review Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or in failing to vote, indicating such fact, and shall keep records of all of its official acts, all of which shall be immediately filed in the office of the City Secretary and shall become a public record. E. Powers and Duties of the Board The Fire Code Review Board shall have the following powers: 1. To hear and decide appeals from the determination of the Fire Marshal where it is alleged that on a claim that the true intent of the Fire and Life Safety codes adopted in this chapter have been incorrectly interpreted, that the provisions of a code adopted under this chapter do not fully apply, or that an equally good or better form of construction is proposed. The Fire Code Review Board shall have no authority to waive requirements of this code. 2. The Fire Code Review Board is to conduct a regular comprehensive review of the codes adopted in this chapter, and has the power to recommend to the City Council of the City of La Porte changes, additions, or deletions from said codes for any reason including the following: 3. Defects in the text of the codes and deficiencies created by improper or lax administration of the codes. F. Appeals to the Board Appeals to the Fire Code Review Board may be taken by any person aggrieved or by any officer, department or board, of the city affected by any decision of the Fire Marshal. Such appeal shall be taken within 30 days of receiving written notification by the Fire Marshal, by filing with the Fire Marshal from whom the appeal is taken specifying the grounds thereof. The Fire Marshal from whom the appeal is taken shall forthwith transmit to the board of adjustment all papers constituting the record upon which the action a. When appeals stay all proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Fire Marshal from whom the appeal is taken certifies to the Review Board after notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause immediate peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Review Board or by a court of record on application on notice of the Fire Marshal from whom the appeal is taken and on due cause shown. b. Time for and notice of hearing of appeal. The Fire Code Review Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or attorney. c. Action on appeal. The Fire Code Review Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the Fire Marshal from whom the appeal is taken. The board must find the following in order to grant an appeal: G. Additional conditions. The Fire Code Review Board is empowered to impose upon any appeal variance or special exception any condition reasonably necessary to protect the public interest and community welfare. H. Notice of public hearings before the board of adjustment. The notice of public hearings provided for in this section shall be given by posting at city hall. The posting shall state the date and time of the meeting as well as include a copy of the meeting Agenda. The posting shall be made no closer than 72 hours prior to the meeting date. I. V ote necessary for decision of board of adjustment. The concurring vote of five members of the Fire Code Review Board shall be necessary to reverse any order, requirement, decision, or determination of the enforcement officer or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variance in this chapter. J. Appeals from the Fire Code Review Board Any person or persons, jointly or severally, aggrieved by any decision of the Fire Code Review Board of adjustment, or any taxpayer, or any officer, department, board, or bureau of the city may present to a court of record a petition for a writ of certiorari, as provided by VT.C.A., Local Government Code ~ 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the Fire code Review Board. K. Revocation or modification. a. The board shall only consider a revocation or modification based on a written report from the Fire Marshal stating findings of fact. A variance or special exception may be revoked or modified for any of the following reasons: 1) That a variance or special exception was obtained or extended by fraud or deception. 2) That one or more of the conditions imposed by the board in granting such variance or special exception has not been complied with or has been violated. b. As required, five concurring votes are necessary for revocation or modification. L. Reapplication. No application for a variance, special exception, or appeal which has been denied shall be filed again earlier than one year from the date of original denial. Also the same variance, special exception, or appeal cannot be reapplied for with out a change in conditions. M. Validity. If an appeal variance or special exception is granted by the board, written notice shall be mailed to the person, firm or the address of such person, firm or corporation as the same shall appear in the records of the city secretary relating to the granting within 5 working days. CITY OF LA PORTE TEXAS PUBLIC INFORMATION LAW OPEN RECORDS ACT Under the Texas Public Information Act, the Open Records Act states that anyone may request information regarding municipal employees and Elected/Appointed Officials (i.e. name, addre8.\ and telephone number). You have the right to request the exclusion of certain information contained within your personnel files from public access. You also have a right to change your mind in the future by contacting the Human Resources Department (Elected and Appointed Officials need to return this form to the City Secretary's Office) of the City of La Porte. Note: All request for disclosure of public information are subject to reviiEW of the City Attorney, who shall initially determine which information is subject to privacy exclusions pursuant to the Texas Public Information Act. Do you want to request that certain information within your personnel file be excluded from public access? [ ] YES : :.~" [ ]NO Print Name Employee Signature