Fire Code Board of Appeals

Meeting Minutes

January 26, 2005 Meeting held at Lower Level Conference Room

Fire & Medical Station No. 1

Board Members Present-

Chairman Tom Waechter

Rich Barr

Pete Eastwood

Jay Zimmerschied

Tom Bracciano

Tracy Green

 

  1. Chairman Tom Waechter called the meeting to order and made comment that there was assurance of a quorum.

 

  1. Designated Tracy Green as secretary to keep meeting minutes.

 

  1. Discussion item #1-session was review of Section 105-Permits of the 2003 IFC. Rich Barr distributed his interpretations and recommendations of which individual items he felt needed permits and which individual items were already covered or didn’t require permits to the board for review.

It was commented that with implementation of Code Footprint Plans by the City it should help monitor potential permitting problems which could occur. However, it was discussed that other processes/procedures may need to be implemented by other city departments in order to fully comply with the intent of Section 105.

For the most part, the board agreed with Rich Barr’s recommendations and Rich was to modify the Section to maintain as many of the permit requirements as needed.

 

  1. Discussion Item #2-Balsting Ordinance meeting format. After a brief discussion it

was agreed the board needed more guidance from the city commission before we address the blasting ordinance modifications.

 

Next meeting was scheduled for February 9, 2004 at 4:00 pm.

 

There being no further business the meeting was adjourned.

 

Fire Code Board of Appeals

Meeting Minutes

February 23, 2005 Meeting held at lower level conference Room

Fire & Medical Station No. 1

 

Board Members in Attendance:

Chairman Tom Waechter

Rich Barr

Pete Eastwood

Tracy Green

Dan Wilkus

Jay Zimmerschied

 

 

  1. Chairman Tom Waechter called the meeting to order and made comment that there was assurance of a quorum.

 

  1. Designated Jay Zimmerschied as secretary to keep meeting minutes for February 23, 2005 meeting.

 

  1. Chairman Waechter established rules of etiquette for the meeting.

 

  1. Rich Bar provided an overview of the City Commission meeting from November 23rd, 2004, when the revised blasting ordinance was presented to the Commission.  The Blasting Ordinance was sent back to the Fire Code Board of Appeals for further considerations.

 

  1. Discussion Item:

 

Ordinance of the City of Lawrence, Kansas

Concerning Blasting Amending Chapter 8, Article 2 of the Code of the City of Lawrence, Kansas, 2003 Edition, and Amendments thereto

 

Article 7701.2:

 

                  Proposed Sub-paragraph “a” was approved for insertion into ordinance.

                  Proposed Sub-paragraph “c” was approved for insertion into the                                                  ordinance.

                  Proposed Sub-paragraph “d” was approved for insertion into the                                                  ordinance.  The language defined as “Blast site” must be revisited                                               to insure proper terminology throughout the ordinance.

 

      Article 7701.3.1:

                 

                  Insert the following language in the first paragraph:

                  “A fee of $100 shall accompany each application for a permit.”

 

                  Insert the following as the second paragraph:

                  “If evidence exists that the permittee has violated a condition or limitation                                     set forth in a permit issued under this section of any regulation contained                                        in this section, the Fire Marshal may at his or her discretion immediately                                       order the permitte to cease and desist all blasting operation until a hearing                                  is held by the chief.”

 

Article 7701.3.2:  Reissuing Permits:

                 

                  Strike the following language from the ordinance:

                  “payment of the renewal fee.”  No renewal fee will be required.

 

 

      Application Checklist for an Explosives and Blasting Permit:

      Section 8-207.55

                  Revise the following paragraphs accordingly:

 

1)      Document-Proof of Liability insurance coverage in the following minimums:

                              Revise General Aggregate Insurance to be $5,000,000.00 in lieu of                                               the existing code requirement for $2,000,000.00.

 

                              Revise the limit per occurrence to be $2,000,000.00.

 

                  Strike proposed Sub-paragraph “3) Pre-blast Survey Plan” on Site from                                        the ordinance.

                 

5)      Retain proposed language to read as follows:

Scale drawing produced by City of Lawrence of project area which includes: etc.

 

6)      Revise to Read

“Document(s)- Notice of blasting operations sent by certified U.S. Postal Service, return receipt requested, to all owners of utility lines located within 500 feet of blasting site.”

 

7)      Revise to Read:

“Document - Listing of all proposed pre-blast surveyed structures and utility lines within 500 feet of the blast site.

 

11)     Revise first sentence to read:

“Document – Copy of the written notification to all property and utility line owners within 1500 feet of the blast site which includes:

 

                        Insert the following:

“12)  Fee – Payment of $100 application fee with no renewal fee required.”

 

 

It was determined that further public comment in the form of a public meeting would not be required prior to returning the proposed revisions to the City Commission for consideration.

 

Next meeting was scheduled for March 16, 2005 at 4:00 pm.

 

There being no further business the meeting was adjourned.

City of Lawrence

Fire Code Board of Appeals

March 16, 2005

 

MEMBERS PRESENT:

 

Tom Waechter, Tracy Green, Dan Wilkus and Jay Zimmerschied

 

 

 

MEMBERS ABSENT:

 

Pete Eastwood

 

 

 

STAFF PRESENT:

 

Rich Barr, Fire Marshall; Toni Wheeler, Staff Attorney

 

 

 

 

 

A quorum has been established and Chairman Tom Waecheter called the meeting to order.

 

Designation of Secretary

Chairman Tom Waechter designated Dan Wilkus as secretary to keep meeting minutes for the March 16, 2005, meeting.

 

Approval of the February 23, 2005. Minutes

The February 23. 2005, Meeting Minutes were reviewed by the board.  The board moved to approve the minutes.  Aye: Waechter, Green, Zimmerschied and Wilkus.  Nay: none. Abstained: None.  Motion carried.

 

Public Comment

Dr. Alan Cowles representing the West Lawrence Neighborhood Association asked to make a few statements regarding the blasting code revision process and upcoming blasting at the end of Stone Ridge Drive.  Dr. Cowles encouraged establishment of an open dialogue regarding future blasting and other development issues.  Dr. Cowles indicated his experience has shown significant results for all parties involved when they meet together in a less formal and less tense setting.

 

Discussion Items

The board continued to review and propose revisions to the February 23, 2005, version of the proposed Blasting Ordinance.  The following items were discussed:

 

Section 7701.4:

  1. Proposed changing the general aggregate liability coverage limits from “$7,000,000” to “$5,000,000”.
  2. Proposed changing the each occurrence liability coverage limits from “$3,500,000” to “$2,000,00”.

 

Section 7703.6:

  1. Change “Plans” to “Plan”.

 

Section 7703.6.1

  1. Under Item 3a, delete the words “and utility lines”.
  2. Under Item 3b, delete the words “and utility lines”.
  3. Proposed deleting Item 3c.
  4. Under Item 3d, delete the words “and utility lines”.
  5. For Items 4, 5 and 6 it was agreed to leave “utility lines” and the board will revisit during the final review of the proposed ordinance.

 

Section 7703.6.1b

  1. Proposed deleting this entire section.

 

Section 7703.6.2

  1. Proposed deleting Item 4.
  2. Under Item 5, replace the existing item with the following “Name of insurance company providing coverage and contact information for the insurance company”.
  3. Proposed removing Item 6 and relocating this Item to Section 7703.6.3.  Rich Barr and Toni Wheeler will provide proposed language for the board to consider.

 

Section 7703.6.3

  1. Under Item 4, replace the existing Item with the following “Name of insurance company providing coverage and contact information for the insurance company”.
  2. Delete Item 5 and replace with Item 6 from Section 7703.6.2.

 

Section 7703.7

  1. From the 4th and 5th sentences delete “or more” after 500 feet and “as the Fire Marshal deems appropriate under the circumstances” after blasting area.
  2. Under the 4th paragraph, the preblast survey report content and surveying process will be reviewed by Rich Barr and Toni Wheeler, and revised language will be proposed.  The proposed language will be considered by the board at a later date.  Considerable discussions was made by the board regarding whether or not an applicant shall be required to provide a copy of the pre-blast survey to a property owner at the applicant’s expense.  Also, it was suggested a building schematic be proposed and any photographs taken be keyed to the schematic.  Rich Barr suggested requiring a schematic drawing similar to those used by the fire department in their fire investigations.

 

Section 7703.9

  1. Rich Barr and Toni Wheeler will review and propose changes to those items required by blasting expert to review and analyze.
  2. Rich Barr and Toni Wheeler will prepare proposed language for the blasting expert to sign certifying under penalty of law that he/she has reviewed all of the information required under Section 7703.9 and will state whether or not the proposed blasting operations will comply with City Code.

 

The next meeting was scheduled for March 30, 2005.

 

There, being no further business, the meeting was adjourned at 7:05 p.m.

                                    Fire Code Board Of Appeals Meeting

 

Meeting called to Order at 4:15 p.m., March 30, 2005.

 

Members in attendance: Tom Waechter, Pete Easterwood, Tracy Green,

                                      Jay Zimmerman and Dan Wilkus.

 

Staff in attendance: Rich Barr and Toni Wheeler.

 

Chairman Waechter opened the meeting allowing Rich Barr to give an overview of the blasting ordinance Chapter 8, Article 2.

 

The Board members discussed the appeal process for residence owners surrounding the blast site. The board agreed that the appeal process should be offered to residence owners early in the planning stage as not to prolong the time for blasting to begin.

 

 Mr. Russ Pilshaw (blasting contractor) raised the question of distance surrounding the blast site that the contractor would be required to cause an audible alarm to be heard before blasting occurs. The board agreed that an audible warning from the contractor should be heard at a distance beyond 100 feet of the proposed blast site.

 

The board agreed that section 7703.9 should remain as is concerning the distance for blasting from any structures or utility lines. Some of the items that the blasting expert shall review and analyze will be eliminated. Those same items are stated earlier in the ordinance prior to obtaining a permit.

 

Toni Wheeler agreed to research the items in section 7703.10 blast records and bring a report back to the board for review at the next meeting.

 

Rich Barr will contact the Planning and the Engineering departments about section 7703.12 Period for Requesting Appeal. Rich will also invite representatives of Planning and Engineering departments to our next meeting to give some insight into the appeal process.

 

Meeting adjourned at 6:30 p.m.

Next meeting will be April 13th, 2005.

 

Fire Code Board of Appeals

April 27, 2005  Meeting Minutes

Meeting held at lower level conference Room

Fire & Medical Station No. 1

 

Board Members in Attendance:                          General Public:

Chairman Tom Waechter                                   Steve Glass

Sheila Stogsdill                                                  Russell Pilshaw

Rich Barr

Tracy Green

Dan Wilkus

Jay Zimmerschied

 

 

Chairman Tom Waechter called the meeting to order and made comment that there was assurance of a quorum.

 

Board Business.

 

  1. Motion to approve previous meeting minutes.  Motion was seconded and minutes were approved.

 

  1. Sheila Stogsdill from the Lawrence Planning Department was present to respond to staff questions regarding possible overlap of Planning and Fire Code Board of Appeals issues as they relate to the blasting ordinance.  Chairman Waechter asked if it would be possible to provide earlier notification to the general public through the planning office when projects that might involve blasting are first proposed, potentially as part of the platting process.  The thought being the earlier the notification, the fewer objections experienced later in the process.  Sheila agreed that it would be possible to insert a requirement into the planning process and agreed to take this concern back to the Planning Board as they are currently revising sub-division regulations. 

 

  1. Steve Glass indicated that premature release of possible blasting activities, during the planning stages of developments, would in his opinion only serve to stir additional public concern that might be unjustified when a project originally identified for blasting activities ultimately does not require any to complete the work.

 

  1. Steve Glass requested that a public draft of the revised ordinance be provided for review prior to board action sending the revisions to the City Commission for approval.

 

Next meeting was scheduled for May 18, 2005 at 4:00 pm.

 

There being no further business the meeting was adjourned.

 

                                                Fire Code Board Of Appeals

                                                        Meeting Minutes

                                                May 24, 2005 Conference Room

                                                   Fire & Medical Station One

 

Board Members Present: Chairman Tom Waechter, Acting Secretary Pete Easterwood, Tracy Green, Jay Zimmerschied and Dan Wilkus.

 

Staff Present: Fire Marshall Rich Barr and Atty. Toni Wheeler

 

Chairman Waechter called meeting to order at 4:05pm.

 

Meeting designated as a Public Forum.

Chairman gives overview of agenda and gives instructions to attending public.

 

 (1).  Meeting opened to attending public for discussion.

            (a). A letter written by Steve Glass (L.R.M.) was discussed at length. Mr. Glass’s letter was in regards to the proposed blasting ordinance of the City Of Lawrence. Mr. Glass pointed out various sections in the code that he felt needed more of the boards’ attention. The majority of the attending public gave comment on this subject. Many of the public comments were very supportive of the boards’ decisions regarding the blasting ordinance.

 

(2). Chairman Waechter explained The Code Boards goals to the attending public. The public comments were closed at this time.

 

Marshall Rich Barr gives an overview of the proposed blasting ordinance.

 (1). Items discussed were: Timeline for issuance of blasting permit. Timeline (0-30 days) will begin with all property notifications being sent out. Timeline ends on day 30 when blasting may occur. A checklist was recommended to be completed before a blasting permit can or will be issued.

Pre-blast surveys will include notification of properties within 500 feet.

  (2). The board discussed various definitions (structures, utility lines ect.)

  (3). Revision of the Blasting Ordinance proceeded.

 

Next meeting date to be announced.

           

Meeting adjourned at 7:00pm. 

           

                       


Fire Code Board of Appeals

 

Meeting minutes: June 30, 2005

Meeting held Fire Medical Station No. 1 Conference Room

 

Board Members attending:   Tom Waechter, Jay Zimmersheid, Tracy Green, Dan Wilkus

Staff attending:  Rich Barr, Toni Wheeler

 

  1. Chairman Waechter called the meeting to order and assured that there was a quorum. 
  2. Tom Waechter to take notes for the meeting minutes.
  3. Acknowledged that June 8 meeting minutes were complete; copies to be provided to board for approval at next meeting.  Approval of April 27 and May 18 minutes deferred.
  4. Discussion item no. 1:  A definition of structure was provided by Rich Barr as a NFPA 495 definition.  Barr also provided a Websters version of the definition.  The definition was amended to include the statement “built for purposes of utility”.
  5. Discussion item no. 2:  The board discussed the advantages of removing references to the UFC and discussed with staff the advantages of allowing the proposed ordinance to rely upon IFC references and avoid the pending stage of removing UFC references entirely from the code with the eventual adoption of an entirely new code.   Toni Wheeler acknowledged that the existing references to UFC would need to be repealed and superseded.  The recommendation of the board was that the proposed ordinance be written to allow conversion to IFC and remove UFC references.
  6. Discussion item no. 3:  Reorganize the document to outline the most restrictive to least restrictive requirements: structures less than 500’ from the blast site, structures 500’-1500’from the blast site, and structure more than 1500’.  Waechter provided an overview of the proposed reorganization and had shared a sample document with staff.  Board also reviewed the details of a proposed timeline that Waechter had drafted for discussion.
  7. Board also discusses the need to require the application checklist is for all blasting permits and approve by consensus.  The change will be made in the checklist.
  8. Board recommends that the project name and address be provided on the application checklist.
  9. Action items for staff include completing the revision of the proposed ordinance to reference IFC definitions and reorganize section numbers before completing memo to city commission.
  10. Board members voted to adjourn at 6:05 pm.

Fire Code Board of Appeals

Meeting Minutes

June 8, 2005 Meeting held at Lower Level Conference Room

Fire & Medical Station No. 1

Board Members Present-

Chairman Tom Waechter

Rich Barr

Jay Zimmerschied

Dan Wilkus

Tracy Green

 

  1. Chairman Tom Waechter called the meeting to order and made comment that there was assurance of a quorum.

 

  1. Designated Tracy Green as secretary to keep meeting minutes.

 

  1. Deferred approval of May 18 and April 27 board meeting minutes.

 

Discussion Item #1- Blasting Ordinance review

 

Section 2-

Rich will have the Webster’s Dictionary definition of “structure” at the next meeting and/or e-mail it to the board members.

 

General note- that the terminology “contractor” where used anywhere in the ordinance shall be changes to “applicant”

 

Section 3-

Chapter 8, Article 2, Section 8-207.57-

Proof of Liability Insurance was discussed and the limits will be confirmed and/or modified by the next meeting.

 

Section 4-

Chapter 8, Article 2, Section 8-207.59

Section 7703.6.2-

  1. Insurance company contact to be revised to “name of insurance company/agency”
  2. ok as written

 

Section 7703.6.3

4. Same insurance information as #4 above.     

Add Item 8. Each individual utility company to define for its own benefit the scope of the Pre-blast survey to protect its’ own interests.

 

 

 

 

Section 7703.6.4

Posting to include-

1. PDF map

2. Copies of blasting certificate or documentation of required on site personnel.

 

 

Section 7703.7

Pre-blast survey

4. Modify insurance company information (reference 7703.6.2 #4)

5. Modify insurance company information (reference 7703.6.2 #4)

 

Page 6-Strike reference to “utility lines” on entire page

 

Page 7- first paragraph sentence delete …”and keyed to” …

            Change the word …”shall” to “may”… (third line)

            Reword …”property owners requesting”…(sixth line)

Second paragraph-add after surveyor…,applicant and/or insurance company representative”….

 

Section 7703.8

Ground Vibration

Delete the words “at the” and change to ...”between the nearest structure and utility line to the blast site”….( ninth line)

Change to read “Seismographic monitoring of blasts at the nearest structure shall be provided by the applicant” (last sentence)

 

Section 7703.9

            Delete second to last sentence in paragraph number two.

 

Section 7703.10

Blast Records

First sentence add the word …”by the applicant” … after the word kept.

Change “or the public” to “or property owner’s within 500 feet of the blast site”

 

Section 7703.11           delete in its entirety

Section 7703.12           delete in its entirety      

 

 

Next meeting was scheduled for June 22, 2005 at 4:00 pm.

 

There being no further business the meeting was adjourned.

 

                                    Fire Code Board of Appeals

                                          Meeting Minutes

      August 18,2005   Meeting held at Fire and Medical Conference Room

 

Board Members Present-  Chairman Tom Waechter

                                           Acting Secretary Lt. Pete Easterwood

                                           Tracy Green

                                           Dan Wilkus

                                           Jay Zimmerschied

Staff Members Present  -   Fire Marshall Rich Barr

                                           Legal Representative Toni Wheeler

 

1. Chairman Waechter called the meeting to order at 4:15pm. All members present.

2. Members approved April 27,2005 minutes. Minutes from May 18,2005 and June 8,

    2005 were also approved at that time.

 

Discussion Item #1- E-mail Responses.

 

a.       Board members and staff received e-mail concerns from Dave Dressler, Bobbi Flory and Steve Glass.

b.      Board and staff reviewed concerns and made changes as needed to the ordinance.

 

Action Item #1-   Review of Blasting Ordinance.

 

            Revisions were made to the Blasting Ordinance, Chapter 8, Article 6 of the Code of the City of Lawrence, Kansas, 2003 edition as directed by the City Commission. Code Board members did complete revisions to the Blasting Ordinance to be presented to the City Commission for approval. Chairman Waechter and staff members will present a draft of the revised ordinance to the City Commission for adoption.

 

Appeal Board’s Next meeting to be announced at a later date.

 

Meeting adjourned at 6:30pm.