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HomeMy WebLinkAboutMinutes_BSC_04.19.2012Notice of Meeting of the Building Standards City of Georgetown, Texas Thursday, April 19, 2012 The Building Standards Board will meet on Thursday, April 19, 2012 at 04:00 PM in the City Council Chambers, located at 101 E 7th St, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Building Standards Board Members: Building Standards Board meets every third Thursday of the month at 4:00 p.m. unless otherwise specified. Call to Order at 04:00 PM NOTICE OF PUBLIC MEETING OF THE BUILDING STANDARDS COMMISSION CITY OF GEORGETOWN, TEXAS Notice is hereby given that the City of Georgetown Building Standards Commission will hold a meeting at 4:00 p.m., Thursday, the 19th of April 2012, at the Georgetown City Council Chambers, located at 101 E 7 th , Georgetown, Texas to consider the following: Agenda Building Standards Commission Members: Becky Krause – Chair, Fredrick Lane Bostick, Morris Greenberg, Charles Hooks, Philip Voight Regular Session 1.Consideration of approval of the minutes from the Commission meeting held on Monday, February 28 th , 2011. 2.Election of a Vice Chairman for the Building Standards Commission. 3.Election of a Secretary for the Building Standards Commission. Executive Session (Commission reserves the right to convene into Executive Session at any time during the meeting regarding any agenda item. In compliance with the Open Meetings Act, Chapter 551 Government Code, Vernon’s Texas Code, Annotated, the item below will be discussed in closed session.) 4.Section 551.071 consultation with Attorney. - Advice from attorney about matters on which the attorney has a duty to advise the Building Standards Commission, including this week’s agenda items. Regular Session 5.Action from Executive Session. 6.Discussion and adoption of By-Laws for the Building Standards Commission. 7.Discussion and possible action for a variance request to the 2003 International Building Code, specifically Chapter 3, Section 310 “Residential Occupancy” pertaining to occupancy use type R-1 and the 2003 International Fire Code, specifically Chapter 9, Sections 903.2.7, 903.3 and 903.3.1.2 “Fire Protection Systems” pertaining to occupancy use type R-1 and type of fire protection system to be installed in order to use the 2012 International Residential Code for occupancy use and fire protection system for a proposed Bed and Breakfast occupancy use to be located at 1602 South Austin Avenue, Lost Addition , Block 77 (S/PT) Out Lot Division A in Georgetown, Texas. 8.Suggested items for next regularly scheduled meeting agenda. The Building Standards Commission, appointed by the Mayor and City Council, makes decisions that affect Building Construction, Fire Prevention and Code Enforcement. Order of Hearing Process: 1.Staff Presentation 2.Property Owner or Applicant Presentation* 3.Questions from the Commission to staff and applicants 4.Comments from Proponents* 5.Comments from Opponents* 6.Deliberation 7.Action *Those members of the audience making comments must identify themselves for the meeting records by filling out a speaker identification card. Certificate of Posting I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2012, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Jessica Brettle, City Secretary Building Standards Commission Minutes/April 19, 2012 Page 1 of 9 City of Georgetown, Texas Building Standards Commission Minutes Thursday, April 19, 2012 at 4:00 PM Council Chambers 101 E. Seventh Street, Georgetown, Texas 78626 Members: Becky Krause, Chair, Philip Voigt, Morris Greenberg, Lane Bostick, Charles Hooks Member Present: Becky Krause, Chair, Philip Voigt, Morris Greenberg, Lane Bostick, Charles Hooks Members Absent: None Staff Present: Dave Hall, Director of Inspection Services, Don Jansen, Fire Plans Examiner and Dee Boardman, Permit Technician. Chairman Krause called the meeting to order at 4:01 p.m. Chairman Krause proceeded to remind guests to sign in. Quorum was achieved with all members present. Regular Session 1. Krause asked if there were any director or manager reports to be discussed. Hall stated no. 2. Krause asked if all members had a chance to review the minutes from the Commission meeting held on Monday, February 28, 2011. Bostick motioned to approve the minutes, Hooks second the motion. 3. Hall explained job duties of position. Lane Bostick was elected as Vice Chairman of the Building Standards Commission. Motion to accept by Charles Hooks, Second motion by Morris Greenberg. 4. Philip Voigt was elected as Secretary for the Building Standards Commission. Motion to accept by Charles Hooks, Second motion by Morris Greenberg. Executive Session (Commission reserves the right to convene into Executive Session at any time during the meeting regarding any agenda item. In compliance with the Open Meetings Act, Chapter 551 Government Code, Vernon’s Texas Code, Annotated, the item below will be discussed in closed session.) Building Standards Commission Minutes/April 19, 2012 Page 2 of 9 1. Krause says there is no Executive Session at this time. Regular Session Krause referred to Hall to briefly explain By-Laws. Hall says that City Council had created generic By-Laws for all Boards and Commissions two years ago. With the new By-Laws, Chairpersons were appointed by Council. Greenberg questioned Section 4.4 Quorum. Greenberg says that a Quorum shall consist of a majority of the Members. Therefore it would be three. However, it says that attendance of at least four members is required to hear and determine a case. Hall says that it is strange but that was how it was set up. Hall says at least four Members is required to hear and determine a case. Greenberg says then you can’t conduct business. Hall says that if you have three you really are not supposed to have a meeting. Bostick then asked if it could have been a typo based on a seven person Committee. Krause says that any further discussion on the By-Laws is pending will be discussed at the next meeting once Hall consults with Legal Services. Krause asked if there was further discussion. No further discussion. Krause referred to Hall to read the following item number seven on the agenda. Hall proceeded to open up his Staff presentation by motioning to the Commission that Mr. Phillip and Kristyn Brown are present and if they had wanted to speak it would be after his Staff presentation. Hall read the following caption item number seven on the agenda: Discussion and possible action for a variance request to the 2003 International Building Code, specifically Chapter 3, Section 310 “Residential Occupancy” pertaining to occupancy use type R-1 and the 2003 International Fire Code, specifically Chapter 9, Sections 903.2.7, 903.3 and 903.3.1.2 “Fire Protection Systems” pertaining to occupancy use type R-1 and type of fire protection system to be installed in order to use the 2012 International Residential Code for occupancy use and fire protection system for a proposed Bed and Breakfast occupancy use to be located at 1602 South Austin Avenue, Lost Addition , Block 77 (S/PT) Out Lot Division A in Georgetown, Texas. Hall referred to Memorandum packet for all the information. Hall says to please feel free to ask any questions after the report presentation. Hall refers to Exhibit A – Map of 1602 S Austin Ave. Hall talks about the Code Analysis that the occupancy type is currently, One and Two – Family Dwelling with at proposed occupancy type One and Two – Family Dwelling/R-1; Mixed Use. Construction type is V-B currently which is typical of One and Two Family Dwelling that is combustible material. The total square feet is 2,300. Building Standards Commission Minutes/April 19, 2012 Page 3 of 9 Mr. and Mrs. Brown plan to provide a small Bed and Breakfast occupancy use at their current place of residence. Pursuant to a pre-application meeting and various inquiries by the owners of the subject property along with the intended use, research of code requirements were conducted. The 2003 International Building Code is the primary code of use and the 2003 International Fire Codes which is considered a “companion” code to the governing Building Code. For the intent of the 2003 International Building Code, a Bed and Breakfast would be defined as a Boarding House which is a “building arranged or used for lodging for compensation, with or without meals, and not occupied as a single – family unit. In this case however the owners of the property still intend to occupy the structure as their place of residence while conducting a Bed and Breakfast occupancy use. They will basically have two rooms downstairs in the structure that will be used as the Bed and Breakfast as part of the Occupancy. Under Chapter 3, Section 310, (Exhibit B) titled “Residential Group R, specifically 310.1, the code would classify a proposed Bed and Breakfast occupancy as R-1 which is considered as a residential occupancy where the occupants are primarily transient in nature to include Boarding Houses. In other words they are not going to stay there, they come and go. In this particular case, the occupancy type for the subject location would be considered as a “mixed” occupancy with the more restrictive R-1 occupancy type governing. Once the occupancy classification is determined, then the 2003 International Fire Code would have to be referenced for Fire Protection requirements since the proposed occupancy would fall under a commercial type use. Chapter 9, Section 903, titled “Automatic Sprinkler Systems”, specifically 903.1 tilted “General” states that “Automatic sprinkler systems shall comply with this section”. In other words, when going to a commercial type use and mixed occupancy type use then you have to go in and put in a fire suppression system, what they are requiring under the International Fire Code, 2003 edition, is a NFPA 13. If this building we are in were sprinkled, it would be a NFPA 13. Mr. Don Jansen, Fire Plans Examiner is here as well to answer any questions. Further, Section 903.2.7 for Group R occupancy types states that “An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area”. Once this requirement is established, then 903.3, titled Installation requirements states that “Automatic sprinkler systems shall be installed in accordance with Sections 903.3.1 through 903.3.7”. Hall states that there are a lot of Commercial buildings that are not sprinkled. Under the code, depending on the type of construction, occupancy content, use, group A, group B, assembly use, there is a whole host of things that determine whether a building has to be sprinkled or not. In this particular case, it says yes it does. You are more vulnerable to fire situations as opposed to a one and two family dwelling structure than you are in a commercial structure. The death rate, you are sleeping at night. If this is a business, you are there from 8am to 5pm but at your home, you are there all night. Out of these sections the one of most importance is Section 903.3.1.2, titled “NFPA 13R sprinkler systems” which states that “Where allowed in buildings of Group R, up to and including four Building Standards Commission Minutes/April 19, 2012 Page 4 of 9 stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R”. (National Fire Protection Agency)(Exhibits’ C) NFPA 13R Fire Sprinkler Systems are systems that contain design and installation requirements for a sprinkler system to aid in the detection and control of fires in low-rise (four stories or less) residential occupancies. The variance requested by the applicant is to be able to use the 2012 International Residential Code in lieu of the 2003 International Building and Fire Codes due to the differences in the two types of NFPA Fire Sprinkler Systems, or not having to meet the requirement for a Fire Sprinkler System at all, due to the nature of the home. (Exhibit E) While the Building and Fire Code currently define a Bed and Breakfast occupancy use as a Group R-1 and certain Fire Sprinkler System requirements apply, the major concern by the applicant is the cost of the commercial type NFPA 13R Fire Sprinkler System. I will talk about the differences and what is takes from one system versus the other. Since the 2003 International Code editions were adopted by the City of Georgetown there have been numerous code changes that are reflected on a three year basis from the International Code Council by public input nationally through newer code editions such as in the 2006, 2009 and 2012 International Codes. Often times confusion of code requirements prompt code changes. After researching and reviewing past code change proposals and changes, a Bed and Breakfast occupancy use classification has been relocated over to the newer 2012 International Residential Code. Your 2003 IBC and IFC are used for Commercial Uses only except when you go into R-1, some R- 2 occupancies like when you have apartments of that nature. Those codes exclude One and Two family dwellings. What I did was go back from 2003 to 2012 and pulled a lot of the public hearing revision requests to the ICC, which they basically conduct Code hearings. They entertain requests to revisions to these Codes. Committees act on these Codes. Public is allowed to speak and vote if you are a member. Looking thru the public testimonies, I came upon one regarding the confusion about criteria for Bed and Breakfast from Washington State and Carolina. Bed and Breakfast Occupancies types were moved out of the IBC to the 2012 IRC. (Exhibit D) The 2012 International Residential Code, Chapter 1, Section R101.2, titled “Scope”, with exception number 2, provides that “Owner-occupied lodging houses with five or fewer guestrooms shall be permitted to be constructed in accordance with the International Residential Code for One and Two – Family Dwellings when equipped with a fire sprinkler system in accordance with Section P2904”. (P2904 is a residential fire sprinkler engineering design section in the 2012 International Plumbing Code) The last two or three years the ICC thru the public hearing process, have incorporated into the One and Two Family Dwelling code, if the code was adopted right now and if you are building a Building Standards Commission Minutes/April 19, 2012 Page 5 of 9 new house, every house would have to have a fire suppression system. However the State Legislature went back and said no, we are not allowing you to do that. A lot of Codes are adopted by the State. In this particular case for the Bed and Breakfast Use and the differences between the two Codes, the City of Georgetown will have no problem with recommending this variance be approved based upon the Nationally recognized code. The City is working towards 2012 edition adopted sometime this year. But it will come thru a public review process before the Building Standards Commission. The difference in the NFPA 13R in which you classify this particular fire suppression system is NFPA 13D is the water supply. We have a one and two family structure system with a typical standard water supply maybe a 75-80 psi and in an older home it may not be that much. Mr. and Mrs. Brown had someone come out and look at the design for a 13R system, have to have a tank, drove the cost up. The 13D system, you are able to utilize the 2012 and refer to the plumbing code will give you the design criteria. Plumbers are able to put these systems provided there is a review by the local Jurisdiction. Once installed, it is connected to your regular household system which is part of the potable water system. It takes less water for one of those type systems than it does the 13R which is a little bit less expensive. You still have fire suppression system basically what the 2012 is saying. Move Bed and Breakfast and if it is five or fewer rooms then you can put in a regular residential fire sprinkler system. It’s not saying that you are not going to put one in; you still have to put one in. Either way, you are going to have a system however, it just relaxes what would be some of the costs. I did have an opportunity to walk thru the structure, plenty of smoke detectors that are hardwired, carbon monoxide detectors; old style windows which are very large for vent openings. Historically staff does not make recommendations to these types of requests. Staff also does not have the authority to waive or vary from the adopted codes. However, in this case, and as I have referenced in my comments, numerous code changes occur on a three year basis. Therefore, staff would have no concern with supporting this variance request to use the requirements of the 2012 International Residential Code over the 2003 International Building and Fire Codes. Again, The City of Georgetown is working towards the possible adoption of the 2012 International Codes sometime later this year. The International Codes are written with minimum standards or requirements with one main purpose which is for the protection of the Life, Safety, Health and Welfare of the public or occupants within the built environment. Attached are the required Finding of Facts papers for which the granting or denial of a code variance shall be based upon. These findings must be answered by the Commission for either denial or approval. (Attachment) Hall completes his report and asks the Commission if there are any questions. Building Standards Commission Minutes/April 19, 2012 Page 6 of 9 Hooks asks how many more of these individual cases might be forthcoming that have to be looked as opposed to getting it done sooner with the Council. Hall says Staff can only go by the current code that was adopted. Any variation from those codes, newer codes has to come by public action. One year had approximately 3,000 code changes. Hall says the he is currently going thru every one of those changes. City Council wants to know what are those changes are, and how will it impact construction costs. Staff was going to adopt the 2009 Code which changes about every three years. By the time Staff was ready to adopt here come the new ones. 2009 probably had more changes in which a lot of the Cities did not adopt and adopted the 2006 instead. Now a lot of the Cities are looking at the 2012. It is going to take quite a few months to go thru that process. A lot of Cites do not participate in public hearings in this process. However, I don’t do it that way; I want to make sure everyone has an opportunity to have input. I have been on a lot of the Code Committees at the International level for a number of years and have heard testimonies that these changes will not impact construction costs, yes it does. So, I have to look at all the significant changes to the Codes. Bostick asks if City Council is waiting for Staff analysis of the Code Changes before they take action. Hall says that Council is waiting for Staff to present to Commission and hold public hearings. From there the Commission will either recommend or don’t recommend to City Council for adoption. The older codes you have effects insurance rates. Hooks asks how it would this would effect in this particular case, Halls says he does not know. Years ago, the Insurance industry did not recognized fire suppression systems in one and two family dwellings as a discount. Bostick asks to verify that the Staff recommendation is based either the 2002 or the 2012 requirement to have a residential sprinkler system. Staff requirement is to adopt the lesser under the 2012 International Code. Hall says it would be the 2003 IBC which is the current code adopted by the City. The commercial code which requires a fire suppression system is the more stringent type system over the 2012 Residential Code which is for residential only. Hooks asked with the Bed and Breakfast, can a large group of people be able to occupy the spaces. Hall states that there is a typical occupant load requirement for residential one and two family dwellings. Hall states that the Brown’s had to go thru HARC, Planning & Zoning and City Council for a Specific Use Permit for a Bed and Breakfast. Mr. Brown speaks to the Commission. Brown says he and his wife moved to Georgetown a little than a year ago. Brown thanks Hall and Staff for all the research that he has done for this request. Building Standards Commission Minutes/April 19, 2012 Page 7 of 9 Brown says that yes, they went before HARC to get approval for Bed and Breakfast Use and an alternative parking requirement. We then went before Planning & Zoning in which our request which unanimously passed with no discussion. Brown says that they are on the Agenda for City Council. Regarding the nature of the business, they want to be the kind of Bed and Breakfast where clientele come that have disposable income and a desire to spend in downtown Georgetown. Maximum occupancy for practical purposes is going to be two people per room and is not aware of any technical limitations. Brown says that they filled out detailed applications to two Insurance companies recommended by the Texas Bed and Breakfast Association and neither of them asked about fire suppression system. There aren’t many insurance companies that write Bed and Breakfast coverage. This is more of a specialty type of coverage with no breaks and slightly higher than a typical home insurance coverage. Brown says that he understands the Commissions primary consideration is not about the cost but at a business standpoint, there is a viability issue. One of the bids they received for 13D was for $10,000.00-$12,000.00. If you go into 13R, you could go into the $20,000.00-$30,000.00. From our standpoint, it would not be viable based on the gross annual revenue for a Bed and Breakfast business. Brown says that he respects Staff’s position on the NFPA 13D however as requested in their application, any modification somehow would be advantageous to him. He is concerned about the safety and wellbeing of his guests. We would be interested in a modified situation. Many of older houses in town have converted their upper space (attic) to master suite spaces. There is minimal attic space and it would difficult to install pipes. Because guests will never go upstairs, we would be interested in a compromise position which will allow sprinklers downstairs and possibly not upstairs. We plan on adding a three quarter bath to one of the rooms in the future that doesn’t have its own. Remodeling costs to a house that is 90 years old with changes to walls and ceilings to accommodate a lot pipes and sprinkler heads throughout 2,300 square feet, gets pretty intrusive and the possibility for damage is there. When we presented to HARC, one of the major items we talked about was wanting to maintain the character of the house in every way possible. We plan on having a small sidewalk. Make it better thru maintenance and landscaping. Have the house as a true historic component of the residential and business community within walking distance of the Square. Brown asked have any other B and B applicants come forth since the 2003 codes. He knows of one and the other two existing B and B predate some of the more stringent codes we are talking about. Not sure what kind of systems they have, don’t have. He was talking to the former Cleburne house Bed and Breakfast owner who said she was very surprised to hear any of this. Building Standards Commission Minutes/April 19, 2012 Page 8 of 9 Her house predates many of these Codes. He understands things change and he understands they change for good reason but he also has to competitive in today’s market. Krause asked if the Commission had any further questions for Mr. Brown. Bostick asked if there were any discussions with HARC about the potential for fire suppression system. Brown says it did not come up. They asked for HARC’s blessing for the purpose and an alternative parking agreement. There were not conditions. There was an informal discussion about the height of the privacy fence and how close it was to the driveway. They decided to change it already made application to the City. No real discussion, HARC voted 7-0. Bostick asks with the assumption that you would move forward with the 13D installation, or a variation of that, would it be necessary to back to HARC to make them aware of any structural changes or aesthetic modifications that might impact their original decision. Brown says no per Robbie Wyler, Staff member, not on interior changes like that. No discussion like that. Krause asked the Commission if there were any further questions or comments. Hooks asked Hall if they go to City Council to adopt the Codes, is people able to do the same thing without having to go thru the Commission. It would automatically be done. Hall says yes, if the Commission recommends the adoption of the Code and then it goes to City Council, Council says yes, Bed and Breakfast would fall underneath the one and two family code from that point forward unless it changes again later down the road. Bostick asks to Clarify Hooks original question. This is a variance that is being sought after for this specific incidence. This would not set the precedence for future B and B. However, if the Council does adopt the 2012 ICC Code, then they would all fall under the parameters. Hall says Yes, from this point forward each one of them would come in on an individual bases. Each structure is different. If look at the current Code, you could go to the 13D under the 2003 however, you can’t trade out the other emergency requirements such as exits and things of that nature. It would be questionable in an existing one and two family dwelling so then you would really need to go the requirements of the newer code. Krause asked if there were further comments and deliberations among the Commission. Krause says the manner before the Commission is to approve or oppose a variance for the fire suppression system for owner occupied bed and breakfast. Granting this variance would follow the 2012 IRC and not the previous 2003 Code and this would require the installation of a NFPA 13D fire suppression system. Halls says this is correct. Krause then asked the Commission is there a motion to approve this variance. Bostick so moved to approve. Voigt second the motion. Motion was made and approved to approve the variance Building Standards Commission Minutes/April 19, 2012 Page 9 of 9 for the installation of the fire suppression system NFPA 13D for Mr. and Mrs. Brown for the Bed and Breakfast located at 1602 S Austin Avenue. Hall says the Commission would need to fill out the Findings of Fact and make sure that the Brown’s get copies of that and the actions that were taken here today for their records. Hall says he can help the Commission fill out the Findings of Fact. Hall says they will go by item by item. He reads the Required Findings info. 1. Historic structure, not new construction. If this was a new construction, you could probably get your NFPA 13R system. It would be a more feasible cost economically than what it would take to do to retrofit and existing structure. Historic Old Town, existing one and two family dwelling structure being converted into a Bed and Breakfast. Not a typical standard everyday thing that happens. They could run the pipes on the outside of the walls then encapsulate with trim, molding etc. 2. Hall says yes, the conditions and circumstances do result in the actions of the applicant. If they were doing a remodel alteration of that structure and it exceeded 50% or more of the present market value, then the whole structure would have to be brought up to code. Krause says basically no alteration or modification exceeds 50%. Hall says yes. 3. Hall says true, owner asking that the 2012 IRC be allowed which requires the fire suppression system. 4. Hall says yes, the NFPA 13R system will probably not be reasonable. However, the NFPA 13D would make reasonable use of the building for the occupancy type intended. 5. Hall says true, by allowing the variance from the adopted 2003 IBC to the 2012 IRC. Krause asked Hall if there was a specific case number. Hall says number seven. Hall says the last item on the agenda item eight. Halls says that he still working on the adoption of the Codes probably in June unless another item comes up for the Building Standards Commission. Hall says that the Building Standards Committee entertains all types of code cases such as dangerous buildings, high weeds and grass. If an applicant wants to contend, they could plead their case to the Commission. Hall is also drafting prerequisites for the hearing process. Krause asks at this time is this all on the future agenda. Hall says yes. Krause says being no further business to discuss, is there a motion to adjourn. Hooks motioned to adjourn. Bostick second the motion. Meeting adjourn at 5:05pm.