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• <br /> 40 Page 2 <br /> January 13, 1997 <br /> Fire Code Authorization and Appeals Process: <br /> The Uniform Fire Code places final authority with the local fire chief. In certain situations the <br /> local chief may accept changes,reductions, or variances if other "safety" provisions are provided. <br /> One example of this would be eliminating access roads and on-site hydrants in lieu of a sprinkler <br /> system. The fire chief is seldom left with discretionary powers and must assure that either the <br /> code or an authorized exception is included. If an applicant or recipient of fire orders feels <br /> aggrieved the code requires an appeals process which includes a local and state component. The <br /> council is currently appointed(by themselves) as the local appeals board and must act on <br /> submitted requests. Either party may appeal the local decision to the State Board whose decision <br /> is final. <br /> In Ms. Sheldons letter to Mr. Olson dated December 19, 1996 she advises a written request for <br /> repealing the local code requirement. Furthermore, she advises Mr. Olson of the expectation that <br /> Council would oppose such change based upon the discussions that occurred during the <br /> application and review process. <br /> Mr. Olson has submitted the request which discusses the hardships incurred on small business <br /> and churches suggesting repealment. However,the specific request appears to be the substitution <br /> • of a detection system in lieu of the suppression system. The council has no policy or formal <br /> procedure for appeals and as such should accept Mr. Olson's request as such notice requesting an <br /> action. <br /> Issues: <br /> The fire code does not recognize fire detection systems as a substitute for suppression systems. <br /> In order for the church to not sprinkler the building the City would have to repeal the Appendix E <br /> sprinkler provision as provided for under the repeal process. Subsequently,the City must amend <br /> the Construction Agreement to reflect the change. It is not possible, under the Fire Code,to <br /> selectively apply provisions to a single occupancy or class of occupancies. <br /> The sprinklering(or lack of) of City Hall was researched and found to be in violation of the fire <br /> code. Sufficient blame can be placed on any number of people as to why this occurred,however, <br /> upon evidence of non-compliance, efforts have been generated to obtain compliance versus <br /> affixing blame. Administrator Whiting is aware of the issue and has formulated a plan to address <br /> the issue. City Hall is the only structure that is non-compliant with respect to the issue. Again, <br /> the fire code allows the local chief to work with the occupant on any deficiencies allowing <br /> sufficient time in the resolution of such. <br /> Mr. Olson makes several references to the State Building Code 16,000 square foot rule. He <br /> claims the State used this rule in the calculations of safety for firefighters. Additionally,he states <br /> that churches were excluded under the 16,000 square foot rule since they are occupied only a few <br /> • hours per week. In discussions with Building Official Jarson and a subsequent discussion with <br />