City of Lawrence

Building Code Board of Appeals

November 10th , 2005 minutes

 

MEMBERS PRESENT:

 

Lee Queen - Chairperson, Janet Smalter Vice Chairperson, Mark Stogsdill Mike Porter John craft

 

 

 

MEMBERS ABSENT:

 

 

 

 

 

STAFF  PRESENT:

 

Barry Walthall Codes Enforcement Manager

 

 

 

Ex-Officio

 

Adrian Jones,  Structural Inspector

 

 

 

 

Correspondence

- Copy of IBC section 3103 Temporary Structures

- Letter to contractors and design professionals from Barry Walthall dated November 3, - 2005. Outlining changes to Code Enforcement operations

 

Chairperson Queen called the meeting to order at 11:55 a.m.

 

Review Minutes

 

Board reviewed the minutes from October 27th,  2005

Motion by Craft to accept the minutes as written, second by Queen, passed 5-0.

 

Craft asked about leaving ICF form exposed. The board concluded that the foam portion of the ICF forms is not permitted as interior finish material.

 

Fire walls

Jones stated he researched the gypsum and U.L. directories for a firewall assemblies  which contained sound board as part of the assembly. He did not find a rated assembly which contained soundboard. Jones stated he only had access to the 2000 U.L. Fire Resistance Directory.

 

Temporary Structures

 

Jones stated that after review of the minutes it was his understanding the previous meeting the Board concluded that no permit was required for temporary structures under section 3103. He stated that in his experience as a code official prior to his work in Lawrence and his reading of the IBC indicated that temporary structures

required a permit. Jones stated that it is his interpretation that any commercial temporary structure over 120 square feet or with an occupant load of 10 or more requires a permit and is thereby regulated by the Code. Jones stated that he also reviewed 3103 with the other inspectors, who concurred with this interpretation. He thought it was important that the interpretation of this section was clarified.

 

Queen stated that the wording in 3103 was not very clear.

 

Jones stated that he commented at the last meeting that the first and last sentence of the section was in conflict. According to his reading of the section structures erected for a period of less that 180 day must comply with section 3103. Structures erected for a period of more than 180 day must comply with the entire Code.  A permit is required if the structure is over 120 square feet.

 

 

Queen asked what type of structures would be regulated. He offered the example of the  structures erected in grocery store parking lots for flowers and plant sales.

 

Walthall replied that the snow cone stand on Iowa would also be an example of a temporary structure.

 

Jones replied that the two types regulated by the code would be wood structures and tent structures.

 

Stogsdill stated the biggest impact would be on merchants of seasonal sale items.

 

Walthall stated that he believed that tent and membrane structures had to meet the provisions of the Fire Code.

 

Porter stated that sentence 2 and sentence 4 said the exact same thing.

 

Smalter asked if jobsite trailer would be example of a temporary structure.

 

Jones replied that trailers are usually erected off site and would not be covered under the building code.

 

Stogsdill asked if the inflatable or air membrane structures would be regulated only by the Fire Code.

 

Walthall stated that he interprets the section to mean that and structures more than 120 square feet or that have an occupant load of more than 10, required a permit and is regulated by this code.

 

Porter asked if a tent is erected on a private residence for a wedding would require a permit.

 

Walthall stated that tents would be covered under the Fire Code, and therefore no building permit would be needed.

 

Smalter asked about the temporary trailers used while the main structure was under construction.

 

Walthall replied that the City did require a permit and required the trailer was evaluated by a third party and have an ICBO certification.

 

Porter asked if the tent that the library puts up every year required a permit.

 

Walthall replied that the tent does not require a building permit. It does require a temporary use permit.  The fire department looks at the permit and looks at exiting, tent material and fire extinguishers.

 

Porter stated in his reading of the Code it appears that the Library tent would require a permit.

 

Craft agreed.

 

Walthall disagreed and pointed out the exception which states that  “Provisions of the International Fire Code shall apply to tents and membrane structures erected for a period of less than 180 days.”

 

Queen said that he would agree that a permit is not required for a tent to sell books but he also thinks that someone should look at it to determine that it’s not going to fall over.

 

Stogsdill asked if the temporary use permit was a zoning issue and not a safety issue.

 

Walthall responded that the initial approach is a zoning issue but before a permit can be issued the life safety issues are addressed.

 

Stogsdill stated that he believes the process of issuing a use permit is accomplishing the same goal. The City is checking for life safety which is what this section is addressing, but calling it a use permit. In his opinion the code says that if there is a tent it must comply with the Fire Code, because that in essence is a dangerous situation.  He stated that what is not spelled out in this section is what provisions of the Fire Code or Building Code apply.

 

Queen asked if someone erects a huge tubular structure in Hyvee’s parking lot to sell flowers and a forty mph wind comes along, knocks down the tent and kills someone. If the City does not inspect these type of structures has the Board done it’s job.

 

Walthall stated that those are not tent or membrane structures and the Code would apply.

 

Walthall said he see those as temporary greenhouses.

 

Queen stated that he thought those would be a type of membrane structure.

 

Jones asked if there was a definition of a membrane structure.

 

 

Queen asked if a temporary use permit is required for the tent green house for the seasonal flower sales. He noted it would be an alteration of the site plan.

 

Walthall stated that he believes the site plans are set up for seasonal sales.

 

Queen asked if building inspection or the fire department inspects these “greenhouses”

 

Walthall replied that building inspection was not inspecting the greenhouses and he did not know if the Fire Department was inspecting them.

 

Porter stated that section 3102.1 states “The provisions of this section shall apply to air-supported, air-inflated, membrane-covered cable and membrane covered frame structures, collectively known as membrane structures, erected for a period of 180 days or longer”.  So the flower sales structure at Hyvee would be a membrane structure and then section 3102.1 applies.  If it’s less than 180 days then membrane structures shall comply with 3103.

 

Walthall stated the Fire department has a process for inspection of structures. The Fire Department has a part in the review process for Temporary Use Permits.

 

Stogsdill asked if temporary lighting and power would require a permit.  

 

Porter stated that he believes the code says the Fire code has to be followed but the Building Official has to issue a permit.

 

Walthall stated that he would propose that staff research this item and report to the Board at the next meeting.

 

Letter to Contractors          

 

Walthall explained the letter was to inform contractors of upcoming changes associated with the adoption of the new Code.  There will also be some administrative changes that will improve the departments operating environment. He hopes the changes will help the department do a better job for the City and the community, will improve record keeping and improve the quality of inspections.

 

Walthall clarified a note on the letter by explaining that single family structures with had less than 15% glazing were not exempt from the provisions of the Energy Code.

 

Porter asked about the energy inspection checklist.

 

Walthall explained that the checklist was a sample checklist and was illustrative of the some of the items that would be part of the insulation inspection.

 

Stogsdill stated the checklist would be part of the compliance documents generated by the Rescheck software. The documents would be submitted with a set of plans. The program would fill in the specific values on the checklist and the inspector would check those items on the inspection.

 

Jones agreed with Stogsdill statement and added that he input the values from a set of plans and the program issued a compliance sheet and an inspection sheet which has a very detailed checklist. The each building component is specified on the checklist.

 

Porter suggested that the City provide a checklist with typical values for builders who may not be familiar with Rescheck.

 

Jones stated that as he worked with the Rescheck program. He noted that a typical ranch style with slab on grade using current construction methods did not pass Rescheck. He stated that he input energy efficient low E windows and doors, high efficiency furnace and air conditioner and R-38 in the attic.

 

Walthall stated that insulation of slab edges was also a big concern of the Homebuilders.

 

Porter stated that he attend a SIPS meeting two weeks ago. SIPS are panels with foam insulation sandwiched between two plywood sheets. The manufactures absolutely insist that the bugs will not eat the insulation and slab insulation is not a problem. Porter said he asked the SIPS representatives to contact staff.

 

Queen stated that the bugs may not eat the insulation but live between the concrete and the foam.         

 

Porter stated the SIPS manufacturers have a system for slab insulation and they insist the insects do not live in the insulation.

 

Craft stated that the slab edge was important because thermal imaging showed that area to be an area of significant heat loss.

 

Queen stated the Lawrence Home Builders Association had an alternate method of slab insulation which allowed the insulation to be placed horizontally.

 

Stogsdill stated that he did not think that method was effective for slab insulation.

 

Walthall stated that no conclusions had been made on that particular method but staff was examining it. He stated that he thought the Homebuilders wanted a common detail for slab insulation that everyone could agree to upfront.

 

Craft asked if a builder would have to indicate which method of Energy Code compliance they intended to use when they submitted a application.

 

Walthall indicated applicants that would have specify the compliance method.

 

Smalter suggested there be a check box on the building permit application.

 

Smalter stated the letter indicated that it was mailed to design professionals. She said she did not receive a copy.

 

Stogsdill stated he did not receive a copy of the letter.

 

Walthall apologized and stated he would make sure Smalter and Stogsdill was on the mailing list.

 

Stogsdill asked about the ADA compliance sheet. He said he had not heard of or seen this requirements from any jurisdiction before. He said that it may not be a bad idea but it was something new to him.   

 

Walthall stated that this requirement comes out of criticism that the department had received over the years in it’s enforcement of ADA compliance. He stated the department has done several things to try to improve on and address those criticisms including staff training and certification.

 

Smalter stated that she has been to training on ADA building plans documentation.  It is her understanding that ADA compliance is required to be included in the plans and not a separate sheet.  

 

Walthall stated that the ADA plan submittal may not be required in other jurisdictions but he thinks it would be helpful to have all the requirements on a single page to make sure all the compliance issues had been considered. That would include the site issues.

 

Stogsdill asked where on the site is the documentation required to show compliance. Typically the architect only deals with the building and someone else specializes with site compliance.

 

Walthall stated that would be a case by case basis. Most issues would be building specific. On larger projects it may start from the bus stop and continue into building.

 

The Board discussed submitting plans in electronic format. Porter suggested PDF as the preferred format. 

 

Porter moved to adjourn, seconded by Smalter. Motion passed 5-0

 

Meeting adjourned 1:05 p.m.