HomeMy WebLinkAbout04/15/2002 - Regular Minutes - Construction Board of AdjustmentsMINUTES
CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS
15 April 2002
6:30 P.M.
City Hall Council Chambers
MEMBERS PRESENT: Chairman Dan Sears, Vice Chairman George McLean,
Board Members: Frank Cox, Kevin Kuddes, Larry
Patton, Glenn Thomas, Alternate Mark Clayton
MEMBERS ABSENT: Board Member: Alternate Neal Nutall
STAFF PRESENT: Building Official Lance Simms, Assistant City Attorney
Angela Deluca, and Staff Assistant Marla Brewer
AGENDA ITEM NO. 1: Call meeting to order.
Chairman, Dan Sears, called the meeting to order.
AGENDA ITEM NO. 2: Consider request for absence.
No absence request
AGENDA ITEM NO. 3: Hear visitors for items not on agenda.
No one choose to speak.
AGENDA ITEM NO. 4: Approve minutes from Construction Board of
Adjustments and Appeals meeting held on
Monday, March 11, 2002.
Dan Sears asked the Board if anyone was ready to make a motion.
George McLean motioned to approve the minutes.
Larry Patton seconded the motion; pointing out that the word "question"
was misspelled on page 2 of 10, last paragraph second sentence.
The motion passed unanimously, (7 -0).
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AGENDA ITEM NO. 5: Public hearing for the consideration and possible
action of Variance 02 -854 to request modification to
Chapter 3, Appendix 1 (A) Amendment 9, College
Station Code of Ordinances. The applicant is C. Leon
Williamson.
Dan Sears asked staff to brief the Board on the request. Lance Simms, Building
Official, took the floor and referenced his staff report. He said that the applicant is
the design professional for a new four -story medical office building (MOB) that is
planned for construction between the existing hospital and the existing MOB on
Rock Prairie Road. He said that the applicant met with staff from the Building
Division and the Fire Marshal's office to discuss the building separation
requirements as outlined in the 2000 International Building Code (IBC). As part of
that discussion, staff pointed out a local amendment to the IBC that requires a
four -hour rating for all firewalls. Lance said that the IBC, as written, allows a
firewall to be rated two hours, three hours, or four hours, depending on the
occupancy group and construction type. In this particular case, the IBC would
require a two hour rated firewall between the new MOB and the adjacent
buildings. However, our local amendment requires a four hour rated firewall
between the new MOB and the adjacent buildings.
Lance also said there is a requirement that firewalls be structurally independent.
He continued, by saying that, in theory, you could have total loss of construction
on one side and the wall would still be standing. Lance continued by referencing
the staff report and stating that the applicant can meet the four hour requirement
for the fire wall between the new MOB and the existing MOB. However, because
of the height difference between the new MOB and the hospital, a four hour rated
firewall is much more difficult to construct. Lance said that after exploring options
to the firewall requirement between the new MOB and the hospital, the applicant
decided to seek a variance.
Lance then continued by explaining the drawing layout submitted by the applicant.
Lance said that the applicant is asking the Board to accept two, two -hour firewalls
instead of one four -hour rate wall. He said what the applicant is proposing is to
make the exterior wall of the existing hospital a two -hour rated wall and when he
begins the construction build a two -hour rated wall as part of the new MOB. In
theory, Lance continued, you could argue that two, two -hour rated walls, each
connected to the adjacent construction, is as good as one four -hour rated wall
constructed independently.
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Lance said the staff's recommendation was to approve the variance request,
based on the fact that there are inherent complications in building a new building
in between two existing buildings. He added that, in this case, it causes some
design concerns with respect to structural instability.
Larry Patton asked why the local amendment requires a four -hour wall? Lance
said this was a carryover from 1994 Standard Building Code. He added that he
still felt it was a good idea to have it as a local amendment. The Board discussed
the amendment and the two -hour rated walls versus a four -hour rated wall for a
short time.
Dan Sears opened the public hearing and asked if anyone would like to speak in
favor of the item.
Leon Williamson with Williamson's Group Architect took the floor. He said he
wanted to speak in favor of the variance request. He said they are dealing with
life safety regardless of how we look at our firewalls and penetrations. He said he
wanted to remind the Board that the hospital, by Texas Department of Health's
(TDH) rules, also requires a two -hour rated wall separating the buildings. He said
all the buildings would be hooked to a common fire alarm system that will be
annunciated in the existing hospital, which is also required by the TDH. Mr.
Williamson said the fire alarm panel would be manned 24 hours a day. He added
that all three buildings would be sprinkled. He said because of all the fire safety
systems in the buildings that it will be difficult to have a fire, let alone one that will
not be suppressed, that would burn through a four -hour fire. He said he was
asking for a reduction in the firewall capacity to two- hours. He said there were a
couple of reasons why they were asking for the variance. He said one is that the
existing hospital wall is 53 foot 9 1/2 inch high and it is very difficult, virtually
impossible, to build in a single stem wall that spans that height. He said if that
wall were to be free standing it would be impossible to support it for not only the
first three floors but especially that fourth floor. He explained, in detail, the
problems with building a four -hour wall that high. He then offered to answer
questions that the board might have. The Board did not have any questions.
Dan Sears asked if anyone else would like to speak in favor of or in opposition to
the item.
Dan Sears asked if anyone was ready to make a motion. The Board discussed the
item for a moment and Mark Clayton asked if we needed this amendment in the
ordinance. The Board discussed this for a short time. Lance joined the
discussion and they agreed that at this time they would leave it as it is and if there
were several variance requests of this kind, then they would look at re- evaluating
the amendment requiring a four hour rated wall.
Kevin Kuddes asked what the Fire Marshal's stance was on this issue. Lance told
him that the Fire Marshal supports granting the variance. Glenn Thomas asked
Mr. Williamson about the doors in the firewalls. Mr. Williamson said the main
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reason is for egress. He briefly explained to the Board the process of how the
doors would need to work.
Frank Cox motioned to accept staff's recommendation.
Kevin Kuddes seconded the motion.
The motion passed (5 -1), with Board member Mark Clayton voting in opposition to
the motion and Larry Patton abstaining from the vote.
AGENDA ITEM NO. 6 : Public hearing and discussion of the use of nonmetallic
— sheathed cable (AKA Romex) in education
occupancies with possible action recommending an
amendment to Article 336, 1999 National Electrical
Code.
Dan Sears asked staff to brief the Board on the request.
Lance Simms took the floor and told the Board that they heard this item at two
previous meetings so this would be the third time. He said during those meetings,
staff reviewed the allowable use of romex under the 1999 National Electrical Code
(NEC) and presented some options to the Board on restricting the use of romex in
education occupancies. He added that the majority of the discussion centered on
whether or not to include daycares and private or parochial schools in any
proposed amendment to the code. He said they had also discussed the possibility
of College Station Independent School District including a provision in their
construction specifications that prohibits the use of romex in their facilities. He
then said one question raised by the Board was if it was legal to have an
amendment prohibiting the use of romex in public schools but allowing it to be
used in private schools and daycares. He said at that time Joe Jackson was our
legal support and since then Angela Deluca had taken over as our legal support.
He told the Board that he had asked Angela if she could take over this research
project. Lance then turned the floor over to Angela Deluca.
Angela took the floor and said she had researched the issue and that she did not
feel it would be a good idea to exclude private or parochial schools in any
amendment to the NEC. She said if the Board is going to make a change to
prohibit the use of Romex in educational schools, it would need to include all or
none. She said this was her opinion based on the legal research she had done.
Angela said she thought there may be some issues with equal protection laws if
any group was excluded. She added that if CSISD could prohibit the use of
Romex in their building specs then that would be the better route to go.
Dan Sears opened the public hearing.
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Dan Sears asked if anyone would like to speak in favor of the item.
George McLean said that he felt if they put the Romex restriction in the school's
specifications, it would be overlooked. He added that he personally felt that
Romex did not have a place in schools. He said Houston did not allow the use
Romex in any school. He then said that his concern is the potential of mechanical
damage that can occur to Romex if it is laid across metal objects. He said it was
never his intention to penalize any other type of schools or daycares by making
this proposal. He then said that he would abstain from voting.
Dan Sears asked if anyone else would like to speak in favor or opposition to the
item.
Dan Sears closed the Public hearing.
Kevin Kuddes asked if the Houston requirement was written in their school specs
or the City Ordinance? George McLean said it was in the City Ordinance and had
been there since 1955.
The Board discussed the Romex issue further. They reviewed the issues they
had talked about in the previous two meetings. Mark Clayton pointed out that if
the City did adopt an amendment restricting Romex in educational occupancies
and a small daycare was affected by it that they could always seek a variance.
The Board discussed this item again for a short time.
Dan asked if anyone would like to make a motion.
Larry Patton motioned to have an amendment made to the NEC that does not
allow the use of Romex in educational facilities, and that this item be brought to
the council for adoption at a future date.
Glenn Thomas seconded the motion.
The motion passed unanimously, (6 -0) with George McLean abstaining from the
vote.
Dan Sears and Glenn Thomas said that they had some issues that they needed to
discuss that were brought to them by some local contractors. Lance Simms and
Angela Deluca said that they would need to have those items put on another
agenda in order to discuss them. The Board agreed to do this and Dan Sears
moved to agenda item number seven.
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AGENDA ITEM NO. 7 Adjourn
Larry Patton motioned to adjourn.
Glenn Thomas seconded the motion.
The motion passed unanimously, (7 -0).
The meeting was adjourned.
APPROVED:
Chairman: Dan Sears
ATTEST:
Staff Assistant: Marla E. Brewer
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