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Home My WebLink AboutBLDG BOARD - 02/05/04 �1�� CITY OF PALM DESERT � � BUILDING & SAFETY DEPARTMENT INTEROFFICE MEMORANDUM To: Rachelle�K�lassen, City Clerk vr-2� From: Suzanne Cic�ini, Administrative Secretary Date: July 18, 2007 Subject: Submission of Approved Minutes for the Building Board of Appeals Attached is a copy of Minutes of the Building Board of Appeals from the last meeting on February 5, 2004, approved by the Board on July 17, 2007. Please include on the next City Council agenda. Thank you ; . .,�.L Al:'1'1(Jtv. ��.::-;'rsn�!�,)�ti , DENZEL — _ . _ . - -_. Attachment `;��=:��-�;�. f� _i.le ----- OTHER —�--.----- -- •— _ . . ... - - - - - - - — . .�� ,- _ -- --- ---_ --- ,;�::. ,:, _ _ ---� - - D y � � . _ --- - - �'� � e � �n� F�n er t_ . __��{-_l� e./7y_ ,�f- • � - . .. �o�� . . .. �, _ _ _-----___.. .. . _ _ .._ . . �+��:,,:�; o _ �p� �s� ---- _ ----- __ ___ __... . . �aiS':1��1IN: N_ �. ..----- �r�R�F�IED IIY: � —_____._- --- �� -----.._—.�._._ '�rir�na� vr� Fi.7.�=-� rr{ `�: �:�;itY Clerk `-c --Off�c;F� G.�BIdgSfly�Suzanne Cicchini�Word Flles�Bwltling Board d Appeals�Memo-City Clerk-Minutes.doc �T-� CITY OF PALM DESERT f�°� ��,�;�`. , MINUTES � :.��° :. BUILDING BOARD OF APPEALS AND CONDEMNATION - FEBRUARY 5, 2004 ' Administrative Conference Room I. CALL TO ORDER Chairman Ken Stendell called the meeting to order at 1:00 p.m. II. ROLL CALL OF MEMBERS Present: Excused Absence: Chairman Ken Stendell Member Robyn Ritchey Member Rod Murphy Member Denise Poeltler Member Walter Pruter Also Present: Amir Hamidzadeh, Board Secretary, Director of Building & Safety David Avila, Cove Communities Fire Marshal Bruce Pelletier, Cove Communities Fire Department Steve Buchanan, City of Rancho Mirage Perry Pastion, Get Alarmed Security (Appellant) Jeff Judis, Get Alarmed Security (Installer) Mary Clark, Recording Secretary III. ORAL COMMUNICATIONS None IV. OLD BUSINESS A motion was made by Member Rod Murphy to approve the minutes from the October 11, 2001 meeting. The Board unanimously approved the motion. Building Board of Appeals Preliminary Minutes February 5, 2004 V. NEW BUSINESS ACTION REQUESTED: Consideration of the appeal of Perry Pastion, Owner of Get Alarmed Securiry, regarding the use of a two-way supervised wireless fire alarm monitor system. BACKGROUND: Chairman Ken Stendell asked David Avila, Cove Fire Marshal to present the Fire Department's basic reason for denial. David Avila, Fire Marshal for Cove Communities directed the Board to his letter dated January 30, 2004. This correspondence provides the background and history. The Cover Fire Marshal is requesting that approval be deferred of the AES IntelliNet Fire Transmission Radio system until an adequate working knowledge of the system and develop a standard for plan review, installation, and testing the product. (Attachment 1) Chief Avila indicated that they do not currently have the training to understand the testing and maintenance He submitted a letter from Frank Kawasaki, Battalion Chief, County Fire Marshal who has conditionally approved the AES system as a water flow monitoring device, on a case-by-case basis, because they have reservations and until they can measure the process and performance of this product they are going to deny all future applications. (Attachment 2) Chief Avila stated that they expect to approve this system once they have a better understanding of the product and together develop a standard which can be used as a measure to bring to the whole County system. It is the Fire Marshal's position that this is an unappealable event, and they would like to develop a method of working together. He again commented that this is not an appeal for any project but rather for a concept. Chairman Ken Stendell asked what the code is for the minimum monitoring for the project that was submitted for plan review. Bruce Pelletier, Cove Fire Marshal's office indicated that they submitted for a standard B Occupancy, with a standard water flow which means a sprinkler system until it reaches 100 heads and then it would have to be monitored. 2 Building Board of Appeals Preliminary Minutes February 5, 2004 In summary, David Avila indicated that they do not want to deny this system and some of the issues are: Permanent vs. temporary sites Need more technical knowledge Develop criteria that everyone can work with in order to accept this product. APPELLANT RESPONSE: Perry Pastion, Owner, Get Alarmed Security, was asked by Chairman Stendell to provide a chronology of the process that got him to this point. Mr. Pastion indicated that the process is to submit a set of plans to the appropriate agency, if they are required, and a permit must be pulled. They look at the standards they must follow, which is the State Fire Code in this case, the NFPA, which the State Fire Code refers to, the State Fire Marshal's office, which the product must be listed by. Underwriter's Laboratories must test it then. Their equipment meets that burden. Mr. Pastion indicated that it is not the Fire Department's position in code enforcement to have opinion to do testing of the product. That is an independent labs job, which has been done and is recognized. Mr. Pastion indicated that he and the company would continue to work with the Fire Marshal's office. Mr. Pastion pointed out that they have met all of the codes that apply; that there are no codes that prohibit the use of this equipment, and that they are asking to be approved on that basis. BOARD DISCUSSION AND DECISION: The Board asked a number of questions in order to fully clarify the issues involved. Chairman Stendell closed oral communication and moved to open discussion of the Board members. Walter Pruter indicated that he would like to feel that the fire services people are confident that they are going to be comfortable with what they are enforcing, and that Mr. Pastion will be working closely with them on an educational program to their satisfaction. Chairman Ken Stendell stated that he is looking at this from the standpoint of a plan check item. In looking over all of the information he indicated that: 3 Building Board of Appeals Preliminary Minutes February 5, 2004 1. The product they are installing is a monitoring system that communicates. 2. It is Underwriter's Laboratory (UL) tested. 3. That is does comply with NFPA 72 guideline as written in that code. He indicated he is trying to understand the reason for denial. Member Rod Murphy indicated he feels similar to what was stated by Chairman Stendell. There needs to be a reason for denial based upon code, and he hasn't seen that shown yet. At the same time, he understands the fire safety situation. He pointed out that the fire department are the guardians to assure residences and office buildings meet compliance; however, he has not seen anything that would not allow this due to approvals by UL and the State Fire. If someone could show him that right now he indicated he would probably change his mind. Chairman Ken Stendell closed discussion and entertained a motion to either uphold the denial or a motion to strike down the denial. Denial is by the Fire Department. They are denying the system in plan check; therefore, plan check cannot proceed further to a permit. Member Rod Murphy asked for clarification with regard to plan check— was it the Fire Departments or the City's? It was clarified that the Fire Department is doing the plan check as the City's representative, and the City of Palm Desert will issue the building permit. The decision to be made is whether to uphold the denial or strike down the denial. Rod Murphy moved that the Board strike down the denial of the City of Palm Desert Fire Department plan check denial and allow for the permit process to proceed. Denise Poeltler seconded the motion. By unanimous vote the Board of Appeals ruled in favor of the appellant and struck down the denial of the City plan check correction. Member Rod Murphy commented that it would be very important that Get Alarmed Security and the Fire Department work hand in hand. He indicated that Bruce Pelletier, Fire Marshal's office did a wonderful job in that he caught the things that are outside the periphery of the code. Chairman Stendell indicated that the Board of Appeals has set a precedent in the community, and it is an important health and safety issue. He said that this appeal and this appeal only was acted on by the Board. It would not stop the Fire Marshal from denying subsequent submittals. If 4 Building Board of Appeals Preliminary Minutes February 5, 2004 there are new facts and those new facts are presented to the Board under an appeal then another decision would be made based upon facts. ELECTION OF OFFICERS: Chairman Stendell asked for nominations for the chair position on the Board. Denise Poeltler nominated Ken Stendell and Walter Pruter seconded the motion. It passed unanimously. Amir Hamidzadeh, Director of Buifding and Safety indicated that he would like to see the Board meet on a regular basis. He suggested that there be a set schedule i.e. quarterly or every semi-annually. The Board agreed that it should be left to Amir to set the schedule. Amir indicated that he would look at a time in approximately 6 months. VI. ADJOURNMENT A motion to adjourn the meeting at 2:15 p.m. was made by Member Rod Murphy and second by Member Walter Pruter. 5