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HomeMy WebLinkAboutMinutes 01.21.2010 Building Trades & Fire Code Board of Appeals M inutes January 21, 201 BOARD MEMBERS PRESENT: Tilman Reagan, Clifford Davis, Manuel Gonzales, Bill McDowell, Sr. STAFF MEMBERS PRESENT: Delwin Derrick -Chief Building Inspector, Philip Mize — Plainview Fire Marshal, Rusty Powers — Plainview Fire Chief, Jaime Salinas — Plainview Police Department Lieutenant, Leslie Pearce - Plainview City Attorney, and Katy Seals - Secretary GUESTS PRESENT: Mark Hardin, Larry Gould, James Odom, Steve Solberg, Antonia Martinez, Robert Martinez, Carlos Martinez, Tracy Coleman, Mr. & Mrs. Jose Garcia, Rey Rosas Meeting called to order by Tilman Reagan at 7:00 PM First Item on the Agenda: Oath of Office to members: Not applicable. Second Item on the Agenda: Approval of October 15, 2009 minutes. Motion to approve minutes as presented by Bill McDowell, Sr., seconded by Manuel Gonzales. Motion carried unanimously. Third Item on the Agenda: The request of Antonia Martinez, owner of Illusions Banquet Hall, 109 N. Broadway, requesting review of revoked temporary certificate of occupancy for noncompliance. Motion to open the public hearing made by Manuel Gonzales and seconded by Bill McDowell, Sr. Motion carried unanimously. Rey Rosas and Antonia Martinez stepped to the microphone. Rey Rosas said he was there to assist Antonia Martinez. Tilman Reagan asked if she needed a language translator and said the City of Plainview has an impartial interpreter available if needed. Rey Rosas declined use of the interpreter. Antonia Martinez said she wanted Rey Rosas to represent her. Rey Rosas said Antonia Martinez was not properly informed about needing a fire sprinkler system before she purchased the building. Antonia Martinez said she spoke to John Castro who, at that time, was the City of Plainview Planning and Zoning Director before purchasing the building at 109 N. Broadway about her intentions for converting the building into a banquet hall. She said John Castro told her the building could be used as a banquet hall. Antonia Martinez said John Castro also told her to check with the City of Plainview Fire Marshal for further information. Rey Rosas said Antonia Martinez has spent a considerable amount of money to make substantial improvements to the building but has not yet generated the revenue required for a fire suppression system which could cost upwards of $79,000. Rey Rosas said that all the requirements from the city to bring the building up to code had been met except for the fire Page 1 of 3 Minutes - January 21, 2010 Building Trades /Fire Code Board of Appeals M M suppression system. Among these required improvements were an additional two exit doors being installed near the back of the assembly hall with correct signage and additional fire extinguishers. Antonia Martinez said there is no smoking and no candles are allowed in the facility as a preventative measure. Rey Rosas said he is a certified security officer and in the past, he has provided fire watch for the building. Rey Rosas asked the Board to consider an additional 12 month extension to get the fire suppression system installed. Manuel Gonzales asked if there were other businesses that had temporary certificates of occupancy and Philip Mize stated there is one at this time. Manuel Gonzales said it has been 18 months since the date of the letter from Fire Marshal Philip Mize to Antonia Martinez which outlined the provisions allowing Antonia Martinez to open the business temporarily. Tilman Reagan asked Fire Marshal Philip Mize if the sprinkler system had to have been installed completely by October 1, 2009 or would progress shown have allowed the business to remain open. Fire Marshal Philip Mize said it could have been as little as a copy of a signed contract showing the fire suppression system had ordered for installation. City of Plainview Fire Chief Rusty Powers gave a Power Point presentation that showed several fires which resulted in numerous deaths. Each of the buildings had no fire suppression system. He said safety of citizens is the utmost concern. City of Plainview Fire Marshal gave a Power Point presentation that outlined the codes used to determine whether a building must have a fire suppression system. He said this building had a total of 25,710 square feet with an assembly area of 16,200 square feet. He said the occupancy load for the assembly area is 1,080 people. He said the International Existing Building Code states the building must have sprinkler system of one of three of the following exist: 1. The fire area exceeds 5,000 square feet; 2. The fire area has an occupant load of 300 or more; 3. The fire area is located on a floor other than the level of exit discharge. He said this building meets two of the three situations. (Number three does not apply.) He told the Board he gave Antonia Martinez five provisions for the temporary occupancy of the building. Those are: 1. All events will have at least one person assigned to fire watch. 2. Any person assigned to fire watch shall not be assigned to any other duties. 3. Any person assigned to fire watch must have access to a telephone or other form of direct communication with Plainview 911 dispatch. 4. All persons to be used for fire watch duty must be approved by the Fire Marshal or his designee. 5. A list of events scheduled for this facility must be presented to the Fire Marshal for approval at least 10 days prior to the event. Fire Marshal Philip Mize said the reason he needed to approve the fire watch personnel is because he needs to make sure they are qualified. He said he prefers off duty fire or police personnel since they could have a radio with direct communication to Plainview emergency services. Plainview Police Department Lieutenant Jaime Salinas said the police department would not be able to provide these services since alcohol is allowed in the building and that would be a violation of the department's policy for providing security. Bill McDowell, Sr. asked if Antonia Martinez had complied with the 5 provisions outlined in the letter. Fire Marshal Philip Mize said to his knowledge the building had not been used since he has never been Page 2 of 3 Minutes - January 21, 2010 Building Trades /Fire Code Board of Appeals notified of any events. Manuel Gonzales asked again if Antonia Martinez had complied with the provisions of the letter. Fire Marshal Philip Mize said not one of the provisions had been met. Fire Chief Rusty Powers said the 12 months that was given to Antonia Martinez to comply with installing the fire suppression system goes well beyond a reasonable definition of temporary. Fire Marshal Philip Mize recommended the Board revoke the certificate of occupancy due to the amount of time already given and the disregard to the provisions set forth to Antonia Martinez for temporary occupancy. Tilman Reagan asked Antonia Martinez if she had complied with the provisions for temporary occupancy. Antonia Martinez said she did have fire watch, but no, she was sorry that she did not comply with the provisions set forth. City of Plainview City Attorney Leslie Pearce said everyone involved in the process of not requiring a sprinkler system could possibly face being sued in the event a fire did occur which resulted in injury. She stressed that the safety of the citizens is main focus. Motion made by Bill McDowell, Sr. to close the public hearing and seconded by Manuel Gonzales. Motion carried unanimously. Motion made by Manuel Gonzales to revoke the Certificate of Occupancy. Second was made by Clifford Davis. Motion carried unanimously. Fourth Item on t i e Agenda: Adjournment. Meeting adjourned at 8:22 P.M. CHAIRMAN SECRETARY Page 3 of 3 Minutes - January 21, 2010 Building Trades /Fire Code Board of Appeals