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39 Attachment To: Mark Casey, City Manager 3301 Silver Lake Road St. Anthony, MN 55418 Subject: Appeal to City Council of Fire Departments interpretation of 97.11 and application of grill restrictions. After several recent e-mail exchanges with the city Fire Marshall, I believe there is a serious error in the Fire Departments interpretation of Fire Code 97.11. Current code for 97.11 97.11 PATIOS AND BALCONIES. (A) Open flame prohibited In any structure containing 3 or more dwelling units, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within 15 feet (4572 mm) of the structure. In recent e-mail exchanges with Chris Fuller the City Fire Marshall he stated: "Our interpretation of our existing ordinance remains the same. If a structure has 3 or more dwelling units grilling is not allowed on any balconies or decks. Grilling on a patio is acceptable if you can get 15 feet away from the structure. If you wish to appeal this decision the proper process is to go to city hall to fill out an appeal." As defined by code 97.13 1 have 30 days to appeal their interpretation by sending this e-mail as directed by City Clerk, Barb Suciu. The 97.11 code was originally written for condos and does not say "any balconies or decks" it says "balcony above ground level". We have a number of Townhomes that have decks at ground level, not "decks above ground level" as the code states, thus 97.11 does not apply. It's important to us as residents of St Anthony for a number of reasons: the enjoyment of our homes 2. insurance clarification: our association's carrier (exterior insurance) has stated their company would not deny a claim based upon the application of the St Anthony's vague 97.11 fire code, but he can not speak for all other possible carriers of the homeowner inside insurance policies.