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HomeMy WebLinkAbout~Master - Building Board of Appeals Minutes 04/07/2014 AGENDA MEETING OF THE BUILDING BOARD OF APPEALS ROOM 235 – CITY HALL JULY 7, 2014, 4:00 P.M. 1. Call to order A. Roll call of Board members B. Approve minutes of April 7, 2014 meeting 2. Old business A. Continuation of the Appeal of the Dangerous Building declaration at 913 Carroll by property owner Todd MacVey. 3. New business A. Appeal of 2009 International Building Code, Section 708.12: Enclosure At The Top for Mary Greeley Medical Center by Richard Cleaveland with Shive- Hattery, Inc. on behalf of Mary Greeeley Medical Center. 4. Board or staff comments 5. Adjourn MINUTES OF THE REGULAR MEETING OF THE BUILDING BOARD OF APPEALS AMES, IOWA APRIL 7, 2014 CALL TO ORDER The regular meeting of the Building Board of Appeals was called to order by Chairman Larry Cormicle at 4:00 p.m., April 7, 2014, in Room 235 in City Hall, 515 Clark Avenue. Present from the Building Board of Appeals were Larry Cormicle, Chuck Haselhoff, Dave Carnes, Dan Nutini, Brad Heemstra and Larry Brandt. Staff members present were Shawn Bayouth, Seana Perkins, Scott Ripperger, Sara VanMeeteren, Adam Ostert, and Jessica Spoden. Guests present were appellant, Todd MacVey, and his representative, John Lott. Moved by Brandt, seconded by Haselhoff, to approve the minutes of December 2, 2013 Vote on Motion: 6-0 Motion passed unanimously OLD BUSINESS None NEW BUSINESS Appeal of the Dangerous Building declaration at 913 Carroll by property owner Todd MacVey. Larry Cormicle reviewed the authority of the Board to affirm, modify, or reverse the decision of the Building Official. Todd MacVey summarized his plan to repair 913 Carroll. The Inspection Division staff and he came up with a plan to restructure the roof. Unfortunately, because of the harsh winter, he did not fulfill his obligation. As of now, he has added trusses and blocking to the structure in compliance with what John Lott (the architect on the project) had required to make the building safe. MacVey intends to turn the building into a single family home. Staff was at the site on Friday. MacVey completed repairs over the weekend, so staff has not looked at the building since the repairs have been done. MacVey provided pictures of the repairs. John Lott stated that the walls are in place, the trusses have been anchored and are in place, so the building is now structurally sound. However, the building still has issues. The exterior walls have a bend in them, but Lott has directed MacVey not to try to pull the walls back in to place. He wants the interior walls, which are holding the roof, to stay put. MacVey has pushed everything into place, but it will take a while for it all to settle in. Lott also directed MacVey to nail everything together on the roof once it’s in place. MacVey stated that he has the south end done and all tied in. 1 Discussion was held about the condition of the building. The basement wall is an issue, but it doesn’t mean it’s going to fall down. The biggest issue was the upper floor because of the windows. MacVey is going to leave the old, existing eight inch wide wall, and frame through to the new windows. The roof sheathing is in poor condition and needs to be replaced. Cormicle clarified that this project is a renovation, so it must meet the current code for residential construction. He asked staff for confirmation of whether that was the way they were interpreting it. Staff concurred. He then asked Lott if he believed the building was now structurally stable. Lott stated that now that the roof is tied together he does not have a fear of it blowing over in a strong wind storm. Lott believes that for the benefit of the community the job needs to be completed, and he has been encouraging MacVey to continue and finish the job. Cormicle asked if there is an active permit on the job. MacVey stated that there is. The original permit has been renewed for an additional year. Cormicle summarized that staff had last been to the property on Friday, April 4. Today’s meeting is Monday, April 7. The Board is being asked to grant the appeal, but staff has not had the opportunity to do another inspection before the appeal. Brad Heemstra asked staff to summarize the situation again. Sara VanMeeteren summarized the situation. The project has been going on for a long time. There have been several time lines discussed with MacVey that haven’t been adhered to. As of Friday, April 4, when VanMeeteren and Adam Ostert inspected the property, they were shocked to see how much work had been completed. It was agreed upon at the April 4 inspection that if MacVey completed what he said he would over the weekend, and Lott would approve it, then staff would be willing to move forward with the project as a normal building remodel and follow the appropriate permitting processes. Cormicle recapped that the framing is not complete, the walls are not framed, the windows and headers are not in. The building is not ready for a final inspection. The existing permit is for the structural modifications only. There are no trade permits. Another permit will be required for the interior remodel. Before the Board is the determination of whether 913 Carroll is a dangerous building. Has there been enough repair work so that the building is no longer dangerous? The Board is not deciding on the interior remodeling phase of the project. Lott is not the architect on the remodel, just on the report. Discussion was held regarding the walls. Larry Brandt reviewed the options before the Board in the staff report. Jessie Spoden stated that the Board can extend the time for compliance. Cormicle said that by code the Board can grant one time extension, which seems reasonable considering the progress that has been made. Heemstra asked MacVey what his time frame was at this point. MacVey stated he wants to have it completed by Autumn. Spoden said the code states that the extension should not exceed 90 days for repairs or modifications. 2 Discussion was held regarding the roof. Spoden clarified that if the Board decides that they want to issue a time extension then they are determining that the building, as of April 7, is still a dangerous building based on the definition in the code. MacVey presented a new timeline for completion. All work to be completed and weather tight by May 30, 2014. Spoden stated what could happen if the work is not completed by May 31, 2014 by reviewing Chapter 5 Section 5.406 Demolition or Abatement by City: (1) When the owner fails to commence or complete the required repairs, removal or demolition within the specified time period and does not timely appeal, the Building Official shall report the owner’s failure to the Board, City Manager, and City Council. (2) The Board shall then hold a hearing and may, by majority vote of approval, authorize the Building Official to demolish the structure, or may take other abatement action as deemed appropriate, including the granting of a stay pursuant to Section 5.407. (3) Following Board action, the Building Official shall file a certified copy of the Board’s decision with the county recorder, and shall issue a notice of intent to demolish or abate to the owner of the structure. MacVey asked to amend his request to June 30, 2014. Moved by Brandt, seconded by Heemstra, to give an extension through June 30, 2014 to bring the building into safe condition and to be structurally sound with the walls secure, including but not limited to roofing, stability, sheathing, and inspections. Vote on Motion: 6-0 Motion passed unanimously BOARD COMMENTS Cormicle will not be in attendance at the July 7, 2014 meeting. ADJOURNMENT Moved by Brandt, seconded by Carnes, to adjourn at 5:02 p.m. Vote on Motion: 6-0 Motion passed unanimously ____________________________ Eileen Carter, Recording Secretary 3 515.239.5153 main 515.232.5261 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org Fire Department Inspections MEMO To: Building Board of Appeals From: Seana Perkins, Building Official Date: July 3, 2014 Subject: Dangerous Building Update at 913 Carroll On April 7, 2014, the Building Board of Appeals met and ruled on the status of the property at 913 Carroll, owned by Todd MacVey. The Board motioned to give an extension through June 30, 2014 to bring the building into safe condition and to be structurally sound with the walls secure, including but not limited to roofing, stability, sheathing, and inspections. The motion passed unanimously, granting MacVey the extension through June 30, 2014. A building inspection conducted on June 30, 2014 by Adam Ostert - Commercial Building Inspector, Scott Ripperger - Plans Examiner, Seana Perkins - Building Official, and Sara Van Meeteren - Community Codes Liaison showed that the building is in compliance with the Board’s motion. The Inspection Division also received a Memo on July 2, 2014 from John Lott, the Architect on this project, stating that he believes the building is structurally stable and adequately watertight. He recognizes that there is still work to do, but states that the building meets the required conditions as agreed on at the April 7th Building Board of Appeals meeting. Since all conditions under the approved Building Permit have been met and City Staff has conducted all necessary inspections, the Inspection Division no longer declares the building at 913 Carroll a Dangerous Building. The City will remove all Dangerous Building placards from the property and will file this notice with the County Recorder. Any future work, including the installation of drywall and electrical, mechanical and plumbing updates, will require new permits and inspections. Signed: Seana Perkins, Building Official July 2, 2014 Seana Perkins, Building Inspector Building Code Board of Appeals 515 Clark Avenue Ames, IA 50010 Re: Review of Structural Repairs at 913 Carroll Avenue, Ames Dear Seana and Members of the Board, I have visited the site and reviewed the installation of corrective measures taken to stabilize the existing structure and make it more watertight. The Owner, Todd MacVey, has adequately completed the following: <Added new interior bearing walls inside the building and anchored them into the floor structure below. <Installed new scissors trusses alongside the existing rafters and anchored them to the new walls. <Added an 8" overhang to the roof on each side, framed to the existing structure. The existing framing was opened up for roof ventilation. <Replaced faulty, wet and degraded roof sheathing where required. <Provided new asphalt shingle roofing over the entire roof area, including a continuous ridge vent. The two main areas of concern discussed at the last Board of Appeals meeting was the lateral stability of the new bearing walls and trusses, and to make the building watertight by completing the roofing. Todd has installed metal diagonal bracing on the walls as directed, and the roofing is complete and secure. I recommend that the Board consider this building structurally stable and adequately watertight. There is still much work to do to make it weathertight such as replacing the windows as an example, however this was not a condition stated for Todd to complete within the given time period at the last meeting. If you have any questions please contact me. Sincerely, John D. Lott, A.I.A., LEED AP BD+C Benjamin Design Collaborative 401 Clark Avenue, Suite 200  Ames, Iowa 50010  515-232-0888  Fax 515-232-0882 Report to the Building Board of Appeals Meeting Date: July 7, 2012 Appellant: Richard Cleaveland, Shive-Hattery, Inc. Code: 2009 International Building Code, Section 708.12: Enclosure At The Top Property Address: 1111 Duff Avenue BACKGROUND: On or around April 30, 2014, City staff performed an occupancy inspection of the fifth floor of Mary Greeley Medical Center. Review of the mechanical shafts occurred during that inspection while staff was verifying that the smoke barriers for the "C" compartment were complete and that the joints and penetrations were protected. As staff proceeded with the inspection and walked through the mechanical penthouse, the shafts were noted as being open. The mechanical shafts were discussed with the onsite superintendent, Fred Frick with JE Dunn Construction, and it was decided that additional research was needed to confirm whether corrections would be required. City staff reviewed section 708 of the 2009 International Building Code, specifically Section 708.12, and found that the shafts would need to be terminated. Staff contacted JE Dunn Construction and explained that the shaft must continue to the roof or be enclosed at the topmost floor line penetrated. It was at this point that JE Dunn Construction contacted their architect, the Appellant, for review and/or a new design. The City of Ames has provided Mary Greeley Medical Center an informal Temporary Certificate of Occupancy (TCO) which provides permission to use certain areas of the hospital. There are still areas of the hospital that are under construction, so the City is not able to issue a formal TCO or a full Certificate of Occupancy (CO). There are currently other outstanding items which remain incomplete such as a parking lot and landscaping, as well as utilities upgrades. CODE: The following is an excerpt from the 2009 International Building Code, Section 708.12: 708.12 Enclosure at the top. A shaft enclosure that does not extend to the underside of the roof sheathing, deck or slab of the building shall be enclosed at the top with construction of the same fire-resistance rating as the topmost floor penetrated by the shaft, but not less than the fire-resistance rating required for the shaft enclosure. APPEAL: The Appellant has filed the appeal based upon the following criterion: There are specific fixed conditions that make strict compliance with this Code impracticable. The Appellant has designed the mechanical shafts according to the NFPA 101: Life Safety Code, 2000 Edition and the State adopted 2009 International Building Code (IBC) with the State’s adopted amendments. The State does view the NFPA 101 to be an alternative to the IBC when there is conflict between the two. The City of Ames does not have the same provision and the City has not adopted NFPA 101 for alternate designs, therefore the City of Ames is not able to utilize these standards. The 2009 IBC, as locally adopted, has two options for termination of a shaft: it has to continue to the underside of the roof sheathing, deck or slab of the building, or it has to be enclosed at the top with fire rated construction with the same rating as the topmost floor it penetrates, but not less than the rating of the shaft itself. BOARD AUTHORITY: The Building Board of Appeals’ purpose is described in Ames Municipal Code Section 5.600: 5.600 BUILDING BOARD OF APPEALS. There is established a Building Board of Appeals to hear appeals of persons in matters of building construction, safety and code compliance within the scope of the building, electrical, mechanical, and plumbing codes as adopted by the City of Ames. The Building Board of Appeals’ authority is described in Ames Municipal Code Section 5.609: 5.609. BOARD AUTHORITY. The Board has authority to affirm, modify or reverse the decision of the Building Official. ALTERNATIVES: To bring this project into full compliance, the Appellant would need to create a "top of shaft" on fifth floor that has a 2-hour fire resistive rating or build the 2-hour shaft to the underside of the roof structure. The ducts that penetrate the 2-hour construction would be required to have fire and smoke dampers installed at the rated construction line. Any penetrations of the 2-hour construction must also be treated. It could all be done on fifth floor with the addition of the rated construction and the dampers in the duct work. The following are the alternatives available to the Building Board of Appeals: 1. The Building Board of Appeals can deny the appeal and require compliance with the City of Ames’ locally adopted Codes. 2. The Building Board of Appeals can approve the appeal and allow compliance with the State of Iowa adopted codes. 3. The Building Board of Appeals can refer this item back to staff for additional information.