Loading...
HomeMy WebLinkAboutMinutes Building Code Board Of Appeals - 07/16/2009 ‘111, V1V Minutes of the Building Code Board of Appeals RECEIVED Regular Meeting Thursday,July 16,2009, 1:30 p.m. Fire Department Conference Room OC r 2 3 2009 (3rd Floor Development Services Building) CITY SECRETARY'S OFFICE I. Call to Order The meeting was called to order at 1:35 p.m. II. Roll Call Board members present: CliffAtnip,John Dykema, Bill Ewing, and John Kendall;Mr. Martinez joined the meeting at 1:37 p.m. City staff present: Russ Arney, Courtney Domel,Elsa Martinez Applicant Representative: Andy Moon with Pocket Communications IlI. Approval of Minutes: June 18,2009,Regular Meeting IV. Review, Discuss, and Take Appropriate Action on the Matter of Appeal No. 0609-005, Request for a Code Variance to Section(s)2902.1 and subsections thereof of the 2003 International Building Code, regarding minimum number of plumbing fixtures, Location: Subway (at 3701 N. Leopard/Up River Road),Corpus Christi,Texas Mr.Arney addressed the board with the City staffs recommendation to require compliance for the restroom facility in accord with section 2902 of the International Building Code along with mop sink compliance as required by the same. He continued informing that the staff has reevaluated the requirement for a drinking fountain and due to the fact that there is a change to the 2006 IBC, which is in the process of getting adopted by the City, the staff has no objection to having the applicant provide a bottled water cooler in lieu of the drinking fountain requirement. Mr. Atnip acknowledged that the facility is deficient in the areas described in Mr. Arney's recommendation. Mr. Arney confirmed Mr. Atnip's conclusion and informed that the building referenced is relatively a small one and consists of a Subway shop with a small square footage area attached. He described that the only restrooms for the facility are only accessible through this Subway shop. Mr. Arney identified a door that has a separate entrance and does not have a connection into the Subway store; he added that employees would be required to travel outside the store, around the outside of the building and through the Subway shop in order to access the restrooms available in the facility. An alternate arrangement was provided by Mr. Dale Jackson, former Interim building Official, but in said arrangement another exterior door had to be installed to ensure that no one could potentially.become locked into the restrooms. Mr. Dykema inquired about the option of having access, through a door, between the lease space and Subway, without having to go outside. He asked if this would be accessible. Mr. Arney clarified that the restroom facilities would have to be available to the public at all times during the course of business,for either operating business. He informed that the code requires that employee toilet facilities in mercantile occupancies be located within that space or building, accessed as a central public restroom within that building. These would not be classified as central accessible public restroom as it is located within one tenant space. Mr. Arney further shared the commentary applicable to Section 403.5, IBC, to explain in more detail as to why employee toilet facilities are required in mercantile spaces. Mr. A tnip verified with Mr. Arney the City staffs recommendation to deny the request. Mr. Arney confirmed. Mr. Atnip allowed the representative to introduce himself. Mr. Andy Moon introduced himself and informed that he was in attendance as representative of Pocket Communications located at 2819 NW Loop 410 in San Antonio, Texas. SCAN N ED Minutes of the Building Code Board of Appeals Regular Meeting July 16,2009 Page 2 Mr. Atnip verified with Mr. Moon that he was indeed a representative of Pocket Communications and not the owner. Mr. Moon confirmed. Mr. Atnip asked if the owner was present and Mr. Moon clarified that he was in attendance to represent Pocket Communications. Mr. Moon informed the board that the owner of Subway also owns the space Pocket Communications seeks to lease. Mr. Moon justified not having to meet the mop sink requirement based on the fact that the space, approximately 400 square fee, that Pocket Communications will be occupying is carpeted and they would not have a need to mop this space. Mr. Moon informed the board that he had been working with City staff j; specifically Dale Jackson,former Interim Building Official, to reach a reasonable arrangement to meet the requirement of providing access to public restrooms. He further informed the board that Pocket Communications was willing and ready to provide access to the restroom facilities located within Subway, as had been agreed between him and the property owner. Board member and Mr. Arney discussed that this location had been built as an occupancy with one address only. Mr. Arney indicated that he had been made aware that a submeter existed and he confirmed this when he drove by one day and did take note that there were two meter cans at the location: one identified as 3701A and the other as 3702B. He added that he could not locate City records that supported the submeter at this location. After discussion of the various possibilities, Mr. Kendall made a motion to grant the code variance with the following stipulations: A door between the Subway store and the leased space be installed; The lease agreement between the owner and lessee must reflect the owner's agreement to allow Pocket Communications' customers and employees the accessibility to the public restrooms located within Subway during Pocket Communications'business hours;and A mop sink requirement will be waived in lieu of providing bottle drinking water. The motion was seconded by Bill Ewing. The motion was opened for discussion. Mr. Martinez informed the board that he didn't support granting this variance. Mr. Martinez added that the applicant has the option to lease other locations, opt-out clause which allows Pocket Communications to withdraw from the lease, and does not have a financial burden which might be affected by the board's decision. Mr. Dykema agreed to the board's position on whether the members had justifiable cause which would create a uniqueness to grant the variance. The motion failed with a 2-3-0 vote. V. Review, Discuss, and Act as Appropriate to Recommend to City Council the Adoption of Proposed Local Amendments to the 2006 International Building Code, International Existing Building Code, International Residential Code,and International Energy Conservation Code The board tabled Item V. VI. Review,Discuss,and Act as Appropriate to Recommend to City Council the Adoption of the: A. 2006 International Building Code, B. 2006 International Existing Building Code Minutes of the Building Code Board of Appeals Regular Meeting July 16,2009 Page 3 C. 2006 International Residential Code;and D. 2006 International Energy Conservation Code The board tabled Item VI. VII. Review, Discuss, and Act as Appropriate to Recommend to City Council the Adoption of the Administration Provision for Technical Construction Codes in Chapter 14,Code of Ordinances The board tabled Item VII. VIII. Building Official's Report A. Department Updates B. Staffing No report was provided on behalf of City staff. IX. Public Comments Board members may not deliberate or make a decision on any matter presented at this time. The Open Meetings Act limits Board response to only two options: 1)a statement of specific factual information given in response to an inquiry; or 2) a recitation of existing policy in response to the inquiry. Any deliberation of or decision about the subject shall be limited to a proposal to place the subject on the agenda for a subsequent meeting. Ms. Morey made a comment that she had spoken with Elsa who informed her that Jay Reining continues to work on the code amendments and that it would probably be another two months before the amendments would be ready for review. X. Identify items to be placed on next agenda ➢ Update on Status of Building Official Position > Status of FEMA Audit XI. Adjourn T • m•eting was adjourned at.2. p.m. Lir (,rt Presiding Offic,