City of Lawrence

Neighborhood Resources Department

MEMORANDUM

TO:	Mike Wildgen, City Manager
THRU:	Victor Torres, Neighborhood Resources Director
FROM:	Barry Walthall, Codes Enforcement Manager
Date:	February 18, 2005

On February 8, 2005, Robert Schumm, owner of the property at 717, 719, 721 Massachusetts visited the Neighborhood Resources Department office and spoke with Tim Pinnick and I concerning a proposed remodel project for Buffalo Bob’s Smokehouse.  He told us he was preparing to expand the kitchen into an adjoining space and wanted to do some work in the existing space to prepare, including re-working the sanitary drainage system within the building.  He asked if PVC pipe would be accepted for the project.  We told him PVC piping was restricted to underground use in commercial occupancies.  He was also told the decision could be appealed to the Board of Plumbers and Gas Fitters Examiners.

Later that day he delivered a letter to the Board requesting and appeal hearing to allow the use of PVC pipe above ground to remodel and expand the kitchen, bathrooms, and service stations in the restaurant.  The basis for the request for appeal is that waste materials from carbonated beverages (syrups) flowing through the drainage system are severely corrosive to cast iron pipe, and that he could document significant costs in repairs to the cast iron piping system less than eight years old.

Also on February 8 the Board met for the regularly scheduled monthly meeting.  Mr. Schumm’s letter requesting an appeal was distributed to the Board with the request that a meeting date be set within the next week.  The Board discussed the request for appeal and voted to deny the request.

At the request of NR staff, the Board met again on Thursday, February 17 to allow Mr. Schumm to present his case to the Board.  At this meeting the Board reconsidered the request and determined that PVC pipe met the intent of the code for this project and to allow the use as an alternative material.  This decision was unanimous, 4-0.  The Board also voted unanimously (4-0) to recommend to the City Commission that the amendment restricting the use of PVC pipe for drainage systems be altered to delete PVC pipe from the list of restricted materials.

Neighborhood Resources staff concurs with these decisions.  The proposed procedure to forward this recommendation to the Commission is to have a public meeting on March 16 to receive public comment concerning the code change.  The Board will consider public comment and then forward the recommendation.