HomeMy WebLinkAboutCCA 1987-07-14 Minutes
THE MINUTES OF THE REGULAR CALLED MEETING
OF THE BUILDING BOARD OF APPEALS
OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, JULY 14, 1987 - 7:00 P.M.
1.
CALL TO ORDER
Chairman John Larriviere called the meeting to order July 14, 1987 at
7:00 P.M.
2.
ROLL CALL
PRESENT:
John Larriviere
Robert Skinner
Eric Hill
Joe Crane
Chairman
Member
Member
Member
STAFF:
Danny Taylor
Steve Pence
Ken Miller
Lisa Mills
Division Chief
Fire Inspector
Code Enforcement
Secretary
3.
MINUTES OF THE REGULAR MEETING MAY 12, 1987
APPROVED
Joe Crane moved, seconded by Chairman John Larriviere, to approve the
minutes of the May 12, 1987 meeting.
Motion carried 4-0.
4.
REVIEW OF BBA 87-3
REQUEST OF JERRY P. BIRDWELL TO APPEAL THE ORDER OF
DEMOLITION AT 3920 RUFE SNOW DRIVE.
Chairman John Larriviere forward the representative of the appeal.
Jerry Birdwell of 3920 Rufe Snow Drive came forward and stated that he
did not know how long it had been since the last meeting. He said he
had met with the City during the time. He met with Steve Pence just
that morning and remarked if Mr. Pence had come back that afternoon,
Mr. Brdwell had missed him because he was tieing in a service at a
shopping center. He had told Mr. Pence he would be back at the
building in the afternoon to take care of a few more of the
requirements. He had no idea if Steve Pence came back or not. He
stated Mr. Birdwell stated there was another inspector who came out
two or three weeks ago and gave an itemized list of things that could
be done. Mr. Birdwell said that he agreed to put up some smoke
detectors. He talked to Steve Pence about the fire extinguishers and
he found one more location of where to put an extinguisher and
emergency lighting in 2 locations on the 2nd floor of the building.
The wiring is finished and the emergency lights have been ordered and
Page 2.
when they arrived they would be nailed up. Mr. Birdwell said he has
unloaded a cabinet made out of wood from under the stairway and is
replacing it with metal shelves. He also put thumb latches on the
door and exit signs are up where they needed to be. He moved the
empty freon drums to another city and has done some cleaning. He
stated that he had done some other things but could not remember what
they were.
Joe Crane asked Mr. Birdwell if he met with the Fire Department and if
he made a list of the things he could do and the things he could not.
Was a list made of the things that could be compromised.
Mr. Birdwell stated Kirk Marcum came to the building and gave Mr.
Birdwell a list of what needed to be done and what did not need to be
done. He thought there were 2 or 3 #1900 box covers missing that Joe
Johnson told him needed to be taken care of. Mr. Birdwell stated he
did what Mr. Johnson asked, but it has not been inspected.
Joe Crane stated he understood Jerry Birdwell and the Fire Department
were going to meet and come up with a specific amount of items that
had to be done. He understood from the last meeting with Mr. Birdwell
a time was going to be set up for him and his lawyer to go over a
list of what could or could not be done.
Jerry Birdwell stated he tried 2 or 3 times and was not able to keep
the appointment. Kirk Marcum laid out what needed to be done before
the meeting. Kirk Marcum told him what needed to be done and for Mr.
Birdwell to try and get as much done as possible before this meeting.
Chairman John Larriviere asked if the Fire Department and Jerry
Birdwell and his lawyer got together in which the Board of Appeals
granted a sixty (60) day extension for Mr. Birdwell's lawyer's
convenience. Mr. Larriviere stated at one time Mr. Birdwell told the
Board the reason he had not done anything before was because the
building could be closed down if he was not able to meet all of the
requirements. Chairman Larriviere stated he was under the impression
this matter was to be solved in the sixty day extension period Mr.
Birdwell was given. He asked Mr. Birdwell if the meeting had taken
place in which the time extension was given for.
Jerry Birdwell stated as far as his attorney goes, it appeared the
sixty day extension was not enough for him. After a couple of
attempts, the City sent Kirk Marcum and Joe Johnson to meet with Mr.
Birdwell. They told him what needed to be done.
Chairman John Larriviere asked if there was a list of things that
needed to be done.
Jerry Birdwell stated yes.
Chairman John Larriviere asked if the list was acceptable to Mr.
Birdwell.
Mr. Birdwell stated the items dictated to him by Kirk Marcum were
acceptable. Jerry Birdwell stated he asked Kirk Marcum to look at the
building and list the items that would bring it to an acceptable
safety level.
Page 3.
Chairman John Larriviere stated his question still had not been
answered. He said there was to be a point in time where he and the
City were to meet and see what amount of things had to be done and a
decision made whether Jerry Birdwell was going to comply or the City
demolish the building. Did Mr. Birdwell know if he was going to keep
the building or not.
Jerry Birdwell stated Kirk Marcum and Joe Johnson came to the building
and gave him a list of things that needed to be done. Most of the
items have been done. All that was left was the smoke detectors and
emergency lighting and the shelves under the stairway. He has about 18
to 23 man hours left to complete the list.
Joe Crane asked if the striping of the parking lot was waived.
Jerry Birdwell stated since he could not comply with the 20 foot lane,
the Fire Department decided he could box out 20 feet up in front of
the building for the fire trucks since they did not have a 20 foot
clearance. The closest fire plug is about 600 feet away from the
building. He is faced with a 14 foot drive approach on one side and
11 foot on the other side and behind the building the gates are locked
because of the vehicles kept there.
Joe Crane stated the Board could not change the Code. They could only
grant appeals and extensions. The Board needed the Fire Department to
inform them of what was being done and if the work was conforming.
Jerry Birdwell stated Kirk Marcum told him he would check into the
fire lane requirement. The 20 foot lane could conform if they tore
the building down.
Danny Taylor stated the fire lane down the side of the building could
not be complied with. Instead the front of the building would have to
remain open at all times where if a fire was in the rear of the
building, an engine could be pulled up and go down the side of the
building.
Joe Crane asked if it had been completed.
Steve Pence agreed there was no way the fire lanes could be put in.
The Fire Department and Mr. Birdwell agree that both sides of the
building would be striped and an area in the back would be maintained
so if an engine had to get to the back, it could have room to turn.
Danny Taylor stated the 14' side, an engine could get down the sides.
Chairman John Larriviere asked what the Fire Department needed Mr.
Birdwell to do to enable him to keep the building.
Danny Taylor stated the list from June 25, 1987 written by Kirk Marcum
was what was being required.
Chairman John Larriviere asked if all the requirements were completed,
then would the building pass inspection.
Steve Pence stated no. When the Fire Department met with Jerry
Birdwell on May 15, they went over the list of items. They determined
what Mr. Birdwell could do and the things that were impossible to do.
Page 4.
Chairman John Larriviere asked if Mr. Birdwell did all of the items
except for the ones which were impossible to do, would his building
then pass the inspection.
Steve Pence stated yes.
Chairman John Larriviere asked what things needed to be done and where
they stood on the completion.
Steve Pence stated all the items were not completed.
Chairman John Larriviere asked what items were left to be completed.
Steve Pence asked if the Board had a copy of the write ups from
January 29, 1987.
Robert Skinner asked the status of Jerry's Cabinetry Shop.
Steve Pence stated it was not completed.
Jerry Birdwell asked if the meeting he had two weeks ago amounted to
anything.
Steve Pence stated the meeting with Kirk Marcum was to get some of the
base requirements completed for life safety.
Jerry Birdwell stated he had the conversation with Mr. Marcum on tape
and he did not believe that was what was said.
Robert Skinner stated Mr. Birdwell came before the Board on April 14,
1987 and Mr. Skinner personally went (~er the list of requirements
date January 29, 1987. Jerry Birdwell was aware at the time of the
requirements and what needed to be done to bring the building up to
Code. Mr. Birdwell was given until the present day to complete
the requirements. Now, 120 days later, Mr. Birdwell had still not
completed the requirements. The City had gone so far as to waive some
of the items and gave Mr. Birdwell a list again on June 25, 1987.
Mr. Skinner asked Jerry Birdwell to go over the list and tell the
Board what had been done.
Mr. Birdwell stated he did not have a list with him.
Robert Skinner asked if Mr. Birdwell would mind him reading the list.
Mr. Skinner stated on the list of January 29, 1887, the following
requirements shall be met.
1. No storage of flammable or combustible material under stairways.
Mr. Skinner asked if Mr. Birdwell had completed the item.
Jerry Birdwell stated he needed to see the list.
Robert Skinner asked if Mr. Birdwell had received a copy of the list
after the inspection had been made.
Danny Taylor stated he did not know.
Jerry Birdwell stated he had already explained about Item No.1. He
had told Steve Pence he would have to wrench the present cabinet to
get it out and they were working on it.
Page 5.
Robert Skinner asked if at this point was the material still under the
stairway and had it been ever since the meeting in April.
Jerry Birdwell stated no. This requirement was not of the original
ones. Originally, the list read nothing could be done under the
stairway, and on June 25, 1987 the inspector said if there was no
flammable or combustible material, and it was made of concrete or
steel, the material could be stored under the stairway.
Robert Skinner stated Item 11 of the January 29, 1987 reads:
"There shall be no enclosed space usable under stairs and in an
exit enclosure nor shall all the open space under stairs be used
for any purpose."
Jerry Birdwell asked Robert Skinner if he was saying the meeting of
June 25, 1987 was of no purpose.
Chairman John Larriviere stated he understood it was a supplement
meeting to get some things done to show some progress. The meeting
did not wipe out all of the other requirements and all Mr. Birdwell
would have to do is the eleven requirements and his building would be
in Code. He asked Mr. Birdwell if he understood.
Jerry Birdwell stated he understood he just had the eleven
requirements.
Robert Skinner stated that Item No. 2 read:
"There shall be one piece of 5/8 inch Type x gypsum added to
corridor walls and ceilings if the south office upstairs is ever
leased."
Mr. Skinner asked if the upstairs office was leased and had any gypsum
been added.
Jerry Birdwell stated no to both questions. He did not add gypsum
because he had asked for gas service and could not get any so he
decided against the gypsum.
Robert Skinner read Item. No.3.
"All doors entering a corridor shall be of at least a twenty minute
fire rating 1 3/4 solid core."
Mr. Skinner asked if it had been completed.
Jerry Birdwell stated it had not. He could just remove the doors and
comply.
Robert Skinner read Item No.4.
"Lighted exit signs of an approved illuminated type shall be placed
as discussed."
He asked Mr. Birdwell if it had been completed.
Jerry Birdwell stated yes.
Robert Skinner read Item No.5.
"Smoke detectors of an approved electrical type shall be placed as
discussed."
He asked Mr. Birdwell if it had been completed.
Mr. Birdwell stated the wiring for the detectors was half completed.
Page 6.
Robert Skinner asked if the detectors were connected.
Jerry Birdwell stated he was saying they were 50 percent completed and
Mr. Skinner was saying completed.
Robert Skinner stated the items were written in January 29, 1987 and
to date were still not completed. It was re-written on June 25, 1987.
The Board did not know if these items were completed or not. That is
why he is asking these questions.
Jerry Birdwell stated everything had been covered in other meetings.
Robert Skinner read Item No.6,
"General Housekeeping inside and out should be maintained."
Jerry Birdwell stated he had moved material to another city the City
of North Richland Hills thought was a fire hazard.
Robert Skinner stated for the City and Mr. Birdwell's benefit, fire
inspectors knew the hazards.
Jerry Birdwell stated they could not make an empty freon bottle blow
up.
Robert Skinner read Item No.7.
"Emergency lighting shall be installed as discussed."
He asked if the lighting had been installed.
Jerry Birdwell stated the boxes were set and shown to Steve Pence.
When the lights were delivered, they would be put up.
Robert Skinner asked if the lights had been ordered.
Jerry Birdwell stated yes.
Robert Skinner read Item No.8.
"Application of fire retardant to bottom side of flooring."
Jerry Birdwell stated this was added after the discussion. Item No. 8
was not in the original list. An engineer Mr. Birdwell talked to said
there is a retardant that could be applied to the bottom side of a
wooden floor. Then if something catches on fire, the retardant
produces C02 which smothers the fire. Mr. Birdwell was in the process
of pricing the product simply for safety reasons.
Robert Skinner stated all the items he had just read or found in
longer sentence form on the January 29 list. Mr. Birdwell had been
aware of these since then, and was aware of it at the meeting in April
and on June 25.
Chairman John Larriviere asked Steve Pence to tell the Board what had
been accomplished and what had not.
Steve Pence stated Item No. 1 had been completed.
Item No. 2 "Stairs should be separated from all parts of the
building by a one hour fire wall" Mr. Pence filled Kirk Marcum in
on the situation on May 27. He agreed with Kirk Marcum at the time
if no flammable material was underneathe the stairway, Mr. Birdwell
Page 7.
could store materials under the stairs if there was no combustible
materials.
Item No. 3 dealt with the interior class rating of the building and
the Fire Department agreed since the building has been there so
long, they would accept it as is, but if any remodeling was done,
it would to be brought up to Class A,B,or C fire rating.
Item No. 4 "Corridors must be of one hour fire construction to
protect means of egress extended from wall to floor bottom and to
roof deck. The Fire Department agreed to leave as is until Jerry
Birdwell leased out the upstairs office, then it would have to be
brought up to code.
Item No.5 "Corridors must have Class A,B, or C flame spread." This
dealt with the interior finish and the Fire Department agreed to
leave it as is.
Item No. 6 "All doors, frames and assemblies shall be laid with one
hour fire rate." The Fire Department decided the exterior doors and
all doors entering the corridor would have at least a twenty minute
rating. Mr. Birdwell had not completed the item.
Item No. 7 dealt with the interior finish of the office and the
Fire Department agreed to leave as is.
Item No.8 "Lighted exit signs of an approved illuminous nature."
The signs have been installed.
Item No. 9 "Any area used for general storage, boiler, or furnace
shall have one hour construction walls according to Provision
No.4. The Fire Department agreed to leave as is because the
entire back of the building is used as general storage. Mr.
Birdwell does not have a boiler or furnace room.
Item No. 10 "Exit doors must swing in direction of egress." Steve
Pence met with Mr. Birdwell on May 15 and agreed to come and look
at the back door of the building and make a decision of whether
there was enough room to leave the door swinging in. Kirk Marcum
went to determine this and felt there was enough room and to leave
as is.
Item No. 11 " Should be no enlosed space usable under the stairs
in an exit enclosure or shall the open space under the stairs
be used for any purpose." The Fire Department agreed if the com-
bustible material was removed, Mr. Birdwell could store non-
combustible material under the back stairs.
Item No. 12 "Smoke detectors of an approved type." The wiring was
fifty percent completed.
Jerry Birdwell stated the wiring of the smoke detectors was difficult.
It was time consuming to wire in the detectors as compared to roughing
in a residential home.
Steve Pence read Item No. 13 " Two 2A10BC fire extinguishers are
required as shown on plans." Mr. Pence referred to the plans submitted
in 1983.
Robert Skinner asked if the extinguishers had been installed.
Steve Pence stated not to his knowledge.
Item No. 14 " Designated aisles must be maintained as storage areas
with a width of not less that 32". Steve Pence stated he was at
Mr. Birdwell's building on Friday, July 10, 1987 and found there
was 32" clearance.
Item No. 15 "At no time can an aisle, exit, or means of egress to
of from an exit be blocked." Mr. Pence stated this was a give and
take situation.
Page 8.
Item No. 16 "This occupancy shall be separated from the other
occupancies by a one hour construction wall." Mr. Pence stated
this had not been done.
Robert Skinner asked where the one hour fire rating needed to be.
Steve Pence stated between the first and second floor plus if the
office across from Mr. Birdwell's was ever leased, then the office
needed to be separated by one hour fire rating.
Robert Skinner asked for Mr. Birdwell's comments.
Mr. Birdwell stated he had disregarded the idea of Item No. 16 three
or four years ago on leasing the office upstairs. As far as the fire
rating between the first and second floor, it was his understanding
there was not any big deal over that. He was still checking on the
price of fire rating.
Steve Pence read Item No. 17 "Pressurized fuel, gas, and oxygen
cylind~rs must be stored twenty feet from flammable and combustible
liquids. Easily ignited forms of material such as wood, paper, oil,
and grease needed to be stored where they would not be exposed to
excessive rise in temperature. Physical damage or tampering by
unauthorized persons. Cylinders must be kept secured by either
chaining to walls or placed in racks." Steve Pence stated the
cylinders had been removed. The refrigerent bottles Mr. Birdwell had
are kept from excessive heat or rise. Mr. Pence stated he was talking
about the material stored around the cylinders that could catch fire
and burn quickly.
Jerry Birdwell stated the cylinders are shipped in cardboard boxes and
the cardboard burns quickly.
Steve Pence stated this fell under the General Housekeeping Ordinance
of keeping it organized and common sense safe.
Item No. 18 "Two 2A10BC fire extinguishers are required in the
upstairs storage area, one must be centrally located between the
door and the stairs, one to be located at the rear exit.
Extinguishers to be mounted on the wall, four feet from the floor
not to exceed five feet and easily accessible. Fire extinguishers
to have current inspection tags and properly sealed."
Steve Pence stated on July 10, he went over this with Jerry Birdwell
and showed him where to put them. They decided to relocate one of the
extinguishers next to the door leading from the corridor into the
storage area, one at the top of the stairs and one at the bottom of
the stairs.
Jerry Birdwell stated the extinguishers had been mounted except for
the third one Mr. Pence had asked for.
Steve Pence read Item No. 19 "Two smoke detectors electrically powered
on house current on their own circuits shall be installed on the
upstairs and back storage area. These detectors shall be centrally
located approximately halfway between the east end and the west end
of the storage area, one towards the north half of storage and one
towards the south half of the storage area."
Mr. Pence stated Jerry Birdwell was in the process of putting the
wiring in.
Page 9.
Item No. 20"All trash, leaves, rubbish,discarded materials, paper,
grass, and other combustible materials must be cleaned and arranged
as not to constitute a fire hazard and this General Housekeeping is
to be maintained."
Mr. Pence stated Jerry Birdwell had cleaned up alot of the outside of
the building and discarded some materials.
Robert Skinner asked if there was more to be done.
Steve Pence stated yes.
Item No. 21 was about the fire lanes that was discussed earlier.
There was no way to meet the fire lane requirement. Mr. Birdwell
agreed to keep the lanes unobstructed and pick an area in the back
for an emergency vehicle.
Robert Skinner asked if Steve Pence had shown Jerry Birdwell where the
striping should be.
Steve Pence stated no.
Robert Skinner asked if Mr. Birdwell could paint the stripes where he
desires.
Steve Pence stated no.
Robert Skinner requested the Fire Department to tell Mr. Birdwell
where to put the stripes.
Steve Pence read Item No. 22.
"All doors shall be equipped with quick unlock device on their
interior sides as to be able to gain egress without the use of a
key."
Mr. Pence stated Mr. Birdwell had these devices of the front and back
doors. The other door in the building that would need it was the
Jerry's Cabintry Shop.
Item No. 23 "Emergency lighting of an approved type shall be
approved to illuminate the means of egress in the front and rear
stairs, corridors, passageways, and roof storage to stairs."
Mr. Pence stated the wiring and the boxes for the lighting had been
completed but the lights were not in place.
Robert Skinner asked Mr. Pence if Item No. 1 had been completed.
Steve Pence stated yes and no.
Robert Skinner asked about Item No.2.
Steve Pence stated it was accepted as is.
Chairman John Larriviere asked if those were the requirements needed
by the Fire Department.
Steve Pence stated yes.
Chairman John Larriviere asked if they included the requirements by
the Building Department.
Steve Pence stated no.
Page 10.
Chairman John Larriviere asked for someone to read the requirements
needed by the Building Department.
Danny Taylor stated Joe Johnson went with Kirk Marcum to Mr.
Birdwell's building. Mr. Taylor stated the following items had been
completed.
1. Light fixtures hanging had been hooked back up.
2. Outside electric box had been fixed.
3. The hole in the concrete stair had been fixed.
Items No. 6,8,9, of the Building Inspection report were not complete.
Chairman John Larriviere asked if the meeting between the Fire
Department and Mr. Birdwell ever took place.
Steve Pence state yes.
Robert Skinner stated from the write ups of January 29, nine of the
twenty three requirements were waived, five of the twenty three were
partially complete, five of the twenty three had been completed, and
three of the twenty three were to be reviewed. So there was some give
and take. Mr. Skinner said the Board had no reports between the
January 29th report and the June 25th report.
Steve Pence stated there were no reports written. The only thing the
Fire Department had were the reports from the meeting with Mr.
Birdwell and his attorney. At that time they both and went over the
January 29th report and marked which items they could live with and
the items that could not be complied with.
Chairman John Larriviere asked if both parties were in agreement at
the meeting that Mr. Birdwell could do eighteen of the items then the
building would pass the Fire Code.
Steve Pence stated the Fire Department met with Mr. Birdwell's
attorney on April 30th and went over the list and then on May 15th the
Fire Department met with Mr. Birdwell and went over the list with him.
Chairman John Larriviere asked if at that time was Mr. Birdwell aware
of what needed to be done and agreed to do them.
Steve Pence stated yes.
Chairman John Larriviere asked Mr. Birdwell if the remaining items
were going to be difficult to complete.
Jerry Birdwell stated the items Kirk Marcum had written would take two
to three days.
Chairman John Larriviere asked Mr. Birdwell if he had agreed to comply
with the requirements that were discussed by himself and the Fire
Department. Chairman John Larriviere stated he understood the whole
point of the meeting was for Mr. Birdwell to decide if he was going to
comply or let his building go.
Mr. Birdwell stated it was never his intent to let the building go.
He met with the Fire Department on his premises two or three times and
the items dictated to him on June 25th were the items Mr. Birdwell
understood needed to be done. But now those were not the only
Page 11.
requirements.
Chairman John Larriviere stated that Mr. Birdwell was correct. The
original list was not completed. The list of June 25th were the items
Mr. Birdwell could do between June 25th and the present date. Chairman
John Larriviere stated he wanted to know if Mr. Birdwell knew what
needed to be done and when will they be done or is he going to have a
problem doing some of them.
Mr. Birdwell stated he needed someone to point out where the fire
lanes needed to be.
Chairman John Larriviere asked when would the remaining items be
completed and if Mr. Birdwell was going to do them.
Mr. Birdwell stated part of the requirements were going to involve
Jerry's Cabinetry. He went through the building with Kirk Marcum and
Joe Johnson on June 25th. The things dictated to him were what he
believed was what needed to be done in order in bring the building up
to Code. If that was the case, then he needed to get with the City
again and go through some of the other items.
Chairman John Larriviere asked if Mr. Birdwell thought the meeting on
June 25th was a second time to eliminate some of the items that were
required on the January 29th list.
Jerry Birdwell stated he thought what was being dictated to him on
June 25th was all that was required. Until Qe listened to his
recording of the meeting with Kirk Marcum, he was not going to state
what Kirk Marcum had intended.
Robert Skinner stated he had specifically asked Mr. Birdwell twice at
the last meeting how long it would take him to complete the list and
Mr. Birdwell never gave him an answer.
Jerry Birdwell asked if the Board wanted him to shut down his business
and start to work on the building assuming he agreed with all the
requirements, which he had already stated some of the items were
impossible to comply with.
Robert Skinner stated the Fire Department had waived the items that
were impossible and had given Mr. Birdwell more than enough rope on
the items that were questionable. Mr. Birdwell had completed some of
the items and half completed some others. Mr. Skinner said he thought
it was great progress after eight years.
Mr. Birdwell stated if the Board felt that way, there was not much he
could do about it.
Robert Skinner made a motion that by July 18, 1987 Steve Pence would
have met with Mr. Birdwell and have an inspection on Mr. Birdwell's
building including Jerry's Cabin try. Mr. Skinner asked if Mr.
Birdwell was responsible for the cabinet shop.
Mr. Birdwell stated he was not responsible. He said if the City tore
down the top part of his building Jerry's Cabinetry would not be too
happy.
Page 12.
Robert Skinner stated he understood the cabinet shop leased the office
from Mr. Birdwell.
Mr. Birdwell agreed.
Robert Skinner asked Steve Pence and Danny Taylor if the meeting would
be possible.
Mr. Taylor stated yes.
Steve Pence stated yes.
Robert Skinner stated it was the feeling of the Board the requirements
be completed in thirty days or other measures would be taken.
Mr. Birdwell stated he did not understand what Mr. Skinner was
specifically talking about.
Mr. Skinner stated Mr. Birdwell needed to bring his building and
property up to Code as has been discussed over an eight year time
period.
Mr. Birdwell stated he was understanding the building would pass
everything up until 1984.
Robert Skinner stated Mr. Birdwell could not deny the fact the City
had given him plenty of lee way with some of the original write ups.
Nine of the original requirements had been waived out of twenty three.
Mr. Birdwell stated when the building was built, it passed all the
inspections for fifteen years up until 1984.
Danny Taylor stated the City had only one record of the building and
it was in 1985 when Jerry's Cabinetry applied for a certificate of
occupancy. They never picked up their requirements.
Robert Skinner stated the City was not asking for the impossible.
They were just asking for Mr. Birdwell to bring the building up to the
Fire Code.
Mr. Birdwell stated he evideutally misunderstood Kirk Marcum because
Mr. Birdwell thought the requirements Mr. Marcum dictated to him on
June 25th were what needed to be done.
Robert Skinner motioned the Fire Department inspect the building by
the end of the week and the inspection was to be done with or without
Mr. Birdwell's presence.
Eric Hill stated he had made the motion at the last meeting to give
Mr. Birdwell the sixty day extension. Mr. Hill said he wanted Mr.
Birdwell to meet with the City and come up with a new list of what
needs to be done.
Mr. Birdwell asked when he could do it.
Joe Crane asked if the Board could legally grant another thirty day
extension.
Page 13.
Chairman John Larriviere stated he understood the purpose of the
meeting was to review the progress. The Board needed to decide
whether to let Mr. Birdwell continue with the upgrading of the
building or start a demolition process.
Joe Crane stated Mr. Birdwell was probably tired of this matter and
would rather the Board to either deny or approve the appeal. Mr.
Crane said Mr. Birdwell did not seem to agree with what the City was
asking of him.
Mr. Birdwell stated he did not know. He suggested he and the City
have a meeting.
Chairman John Larriviere stated they were to have a meeting after the
last Board of Appeals meeting. That was the meeting Mr. Birdwell's
lawyer asked for the sixty day extension because he was busy. The
Board had agreed to let Mr. Birdwell meet with the City and decide
what needed to be done and make a decision whether to do the
requirements or not.
Mr. Birdwell stated he misunderstood what the meeting was for on June
25.
Chairman John Larriviere stated the meeting was irrevelant to the
original meeting.
Mr. Birdwell stated if none of the meetings meant anything, why were
they having them.
Robert Skinner stated it meant one thing. The building is either
going to sta'1d or be demolished. He asked Mr. Birdwell if he wanted
the building demoiished.
Mr. Birdwell stated he already answered the question.
Mr. Skinner stated the purpose of the meetings was to give Mr.
Birdwell time to conform with the Fire Code.
Mr. Birdwell stated they apparantly needed to have a full blown
meeting instead of having someone go to the building and tell him th~
items that needed to be done.~pparantly when Mr. Marcum came to his
building on June 25, the Board would not abide by what he said.
Mr. Skinner stated he did not say the Board would not abide by what
Mr. Marcum said. He was saying he was giving Mr. Birdwell a chance to
have a current inspection and in thirty days if the requirements were
not complete, the process for demolition would be started.
Mr. Birdwell asked when could he have a meeting with the Fire and
Building Department inspectors.
Robert Skinner asked him to name a convienent time between the present
day and Friday at 5:00 P.M.
Danny Taylor asked Mr. Birdwell to set the time because there had been
too many meetings cancelled. He told him to set a time and he would
have the inspectors there day or night.
Page 14.
Robert Skinner asked Mr. Birdwell to name the time.
Mr. Birdwell stated Thursday at 2:00 P.M. at the front door of the
building.
Chairman John Larriviere stated there was a motion to prolong the
extension to allow Mr. Birdwell to meet with the inspectors and comply
with the requirements.
Joe Crane asked if he would be allowed thirty days after the meeting.
Robert Skinner stated thirty days after the inspection.
Steve Pence asked if the inspection was for the whole building or just
Birdwell Construction.
Joe Crane stated the whole building.
Chairman John Larriviere asked what would be done when the inspectors
went out to the building.
Danny Taylor stated there would be one more set of write ups done,
they would be divided up between Birdwell Construction and Jerry's
Cabinetry Shop. When the inspectors went back to the building before
the next Board meeting, there would be no write ups. The inspectors
will just check off what has been done and bring them to the Board.
Steve Pence asked if the Board was including Jerry's Cabintry Shop in
the inspection.
Robert Skinner stated it was for the entire property at 3920 Rufe Snow
Drive.
Chairman John Larriviere called for a vote.
Eric Hill seconded and the motion carried 4-0.
Chairman John Larriviere stated the vote was for the meeting with Mr.
Birdwell and the City Official on Thursday, July 16, 1987 at 2:00 p.m.
for Mr. Birdwell to find out what needed to be done. He would then
have thirty days from that day to complete the requirements.
Robert Skinner asked if Mr. Birdwell understood.
Mr. Birdwell stated yes.
5.
REVIEW OF THE REQUIREMENT FOR FIRE DAMPERS IN
SUPPLY AND RETURN DUCT.
The Board voted that more information was needed on the definitions of
suspended ceilings and roof ceiling assemblies before a vote could be
taken on whether to require the fire dampers or not.
Page 15.
6.
ADJOURNMENT
Joe Crane moved, seconded by Robert Skinner, to adjourn the meeting.
Motion carried 4-0.
Chairman of the Board of Appeals
ATTEST:
Secretary