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Home My WebLink About5.C.1. Updating City Code Chapter 4 Regarding Applicable Building and Fire Codes-Ord. No. 800 s: C. (# CITY OF SHAKOPEE MEMORANDUM CONSENT CASELOG NO: NA --- TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Text Amendment Updating City Code Chapter 4 Regarding Applicable Building and Fire Codes MEETING DATE: June 17,2008 INTRODUCTION: This item was re-tabled on September 18, 2007 because of concerns expressed that the requirements of optional chapter 1306 might be burdensome for buildings in old Shakopee. Fire Inspector Tom Pitschneider has reviewed and attempted to respond to those concerns. There is a concern on the part of the City's Building Official, Jim Grampre, and Fire Inspector Tom Pitschneider that, ifthe optional chapter is not adopted, it will adversely affect the City's ability to apply the requirements in upcoming projects where they serve the public safety. DISCUSSION: In the past both the Building Official and Fire Inspector have been very cognizant of the issue of the possible costs especially for older structures in the Downtown, some of which have historical value both on a local and broader level. Without reviewing each and every structure in the Downtown or old Shakopee areas it would be impossible to determine the potential cost impact for the installation of a fire suppression system for all structures in these areas. It is important to keep in mind that Chapter 1306 addresses both new and existing buildings only when buildings are expanded. The requirements of Chapter 1306 do not apply until there has been an expansion of the building or there has been a change of use in the building. In most cases within "Old Shakopee" there will not be a case where the required fire suppression system will cost more than the building is valued at. Most of the buildings with such a low value would fall under the 2,000 sq. ft. threshold for this type of improvement. H:\CC\2008\Building and Fire Code Adoption 06172008.doc 1 As an example stafflooked at the building that houses Babe's Place. The current building has 1,200 sq. ft. on the main floor. Thus, the requirements of Chapter 1306 would not apply to this building as the main floor square footage is under 2,000. Should this facility choose to expand into the building located to the south (Lady Di Antiques) the total overall main floor size would be 2,400 sq. ft. which now exceeds the 2,000 sq. ft. threshold of Chapter 1306, at which point the requirements would apply. This would be similar to the expansion that Turtle's went through several years ago, however at that time the Chapter 1306 threshold was 5,000 sq. ft. One way to deal with the financial impact is to allow that impact the be spread out over an agreed upon time frame. This process was used during the 4th Avenue E. reconstruction a few years back when staff worked with the Shakopee Ballroom to have a 6" water service provided to their property line and the Shakopee Knights of Columbus to have a 6" water service provided to their building. This will allow them in the future to install a fire suppression system without having to incur the waterman installation costs at the same time. Some communities have also offered financing and incentives similar to the fa<;ade improvement program Shakopee has offered in the past. If that is something Council would be interested in, it should direct staff to further explore how it might operate and possible sources of funding. AL TERNA TIVES: 1. Offer and adopt Ordinance No. 800 an ordinance amending City Code Chapter 4 as presented. 2. Offer and adopt Ordinance No. 800, an ordinance amending City Code Chapter 4 with revisions. 3. Do not adopt the proposed ordinance 4. Table the item for additional information. VISIONING RELATIONSHIP: The proposed text amendment supports adopted Goal B: High quality of life. ACTION REQUESTED: Offer and adopt Ordinance No. 800, an ordinance amending City Code Chapter 4 as presented. ~ ~... v - ~/-~/. /~~--6 R. Michael Leek Community Development Director H:\CC\2008\Building and Fire Code Adoption 06172008.doc 2 1306.0010 GENERAL. This chapter authorizes optional provisions for the installation of on-premises fire suppression systems that may be adopted by a municipality in addition to the State Building Code. If the municipality adopts them, the sprinkler system requirements of this chapter become part of the State Building Code and are applicable throughout the municipality. This chapter, if adopted, must be adopted without amendment. STAT AUTH: MS s 16B.59; 16B.61; 16B.64 HIST: 27 SR 1479 Current as of 07/11/07 1306.0020 MUNICIPAL OPTION. Subpart 1. Requirement. The sprinkler system requirements of this chapter, if adopted, must be adopted with the selection of either subpart 2 or 3, without amendment. Subp. 2. Existing and new buildings. Automatic sprinkler systems for new buildings, buildings increased in total floor area (including the existing building), or buildings in which the occupancy classification has changed, must be installed and maintained in operational condition within the structure. The requirements of this subpart apply to structures that fall within the occupancy classifications established in part 1306.0030, items A to D. Exception: The floor area of minor additions that do not increase the occupant load does not have to be figured into the square footage for occupancy classifications established in part 1306.0030, items A toD. Subp.3. New buildings. Automatic sprinkler systems for new buildings, additions to existing buildings, or buildings in which the occupancy classification has changed must be installed and maintained in operational condition within the structure. The requirements of this subpart apply to structures that fall within the occupancy classifications established in part 1306.0030, items A to D. Exception: The floor area of minor additions that do not increase the occupant load does not have to be H:\CC\2008\Building and Fire Code Adoption 06172008.doc 3 figured into the square footage for occupancy classifications established in part 1306.0030, items A toD. STAT AUTH: MS s 16B.59; 16B.61; 16B.64 HIST: 27 SR 1479; 32 SR 6 Current as of 07/11/07 1306.0030 REQUIREMENTS. For purposes of this chapter, area separation, fire barriers, or fire walls do not establish separate buildings. Gross square footage (gsf) means the floor area as defined in the International Building Code. The floor area requirements established in items A to D are based on the gross square footage of the entire building and establish thresholds for these requirements. The following occupancy groups must comply with sprinkler requirements of this chapter, unless specified otherwise: A. Group A-I, A-2, A-3, and A-4 occupancies; Exception: air inflated structures, and open picnic shelters. B. Group B, F, M, and S occupancies with 2,000 or more gross square feet of floor area or with three or more stories in height; Exception: S-2 open parking garages, aircraft hangars, salt storage sheds, and group "M" detached canopIes. C. Group E occupancies with 2,000 or more gross square feet of floor area or with two or more stories in height; D. Group E day care occupancies with an occupant load of30 or more. STAT AUTH: MS s 16B.59; 16B.61; 16B.64 HIST: 27 SR 1479; 32 SR 6 H:\CC\2008\Building and Fire Code Adoption 06172008.doc 4 Current as of 07/11/07 1306.0040 STANDARD. Automatic sprinkler systems must comply with the applicable standard referenced in the State Building Code. If a public water supply is not available, the building official and fire chief shall approve the use of an alternate on-site source of water if the alternate source provides protection that is comparable to that provided by a public water supply. If an adequate alternate water supply sufficient for hose stream requirements is provided or available, the building official and fire chief may permit the water supply requirements for the hose stream demands to be modified. STAT AUTH: MS s 16B.59; 16B.6l; 16B.64 HIST: 27 SR 1479 Current as 0107/11/07 1306.0050 SUBSTITUTE CONSTRUCTION. The installation of an automatic sprinkler system, as required by this chapter, would still allow the substitution of one-hour fire-resistive construction as permitted by the International Building Code, Table 601, footnote d. STAT AUTH: MS s 16B.59; 16B.61; 16B.64 HIST: 27 SR 1479 Current as 0107/11/07 1306.0060 EXEMPTION. The building official, with the concurrence of the fire official, may waive the requirements of this chapter if the application of water has been demonstrated to constitute a serious life, fire, or environmental hazard, or if the building does not have an adequate water supply and the building is surrounded by public ways or yards more than 60 feet wide on all sides. STAT AUTH: MS s 16B.59; 16B.61; 16B.64 HIST: 27 SR 1479 H:\CC\2008\Building and Fire Code Adoption 06172008.doc 5 Current as of 07/11/07 1306.0070 REPORTING. A municipality must submit a copy of the ordinance adopting this chapter to the Department of Labor and Industry, Construction Codes and Licensing Division. The ordinance does not go into effect until: A. a signed electronic, faxed, or paper copy of the ordinance has been received by the division; and B. the ordinance has been approved by the division. An ordinance is deemed automatically approved by the division if the municipality has not been informed that the ordinance has not been approved within ten working days of the division's receipt of the ordinance. STAT AUTH: MS s 16B.59; 16B.61; 16B.64 HIST: 27 SR 1479; 32 SR 6 Current as of 07/11/07 1306.0100 [Repealed, 27 SR 1479] Current as of 07/11/07 Minn. Rules repealed, etc. in chapter 1306 1306.0100 [Repealed, 27 SR 1479] Current as of 07/11/07 H:\CC\2008\Building and Fire Code Adoption 06172008.doc 6 ORDINANCE NO. 800, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, ADOPTING THE MINNESOTA STATE BUILDING CODE. THIS ORDINANCE: PROVIDES FOR THE APPLICATION, ADMINISTRATION, AND ENFORCEMENT OF THE MINNESOTA STATE BUILDING CODE BY REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THIS MUNICIPALITY; PROVIDES FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDES PENAL TIES FOR VIOLATION THEREOF; REPEALS ALL ORDINANCES AND PARTS OF ORDINANCES THAT CONFLICT THEREWITH. THIS ORDINANCE SHALL PERPETUALLY INCLUDE THE MOST CURRENT EDITION OF THE MINNESOTA STATE BUILDING CODE WITH THE EXCEPTION OF THE OPTIONAL APPENDIX CHAPTERS. OPTIONAL APPENDIX CHAPTERS SHALL NOT APPLY UNLESS SPECIFICALLY ADOPTED. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA DOES HEREBY ORDAIN: Section 1. City Code Chapter 4, Section 4.01, Building Code, Subds. 1, Subd. 3 and Subd. 4, and City Code Sec. 4.40. Housing Code are hereby deleted and replaced with the following language. Subd. 1. Application, Administration and Enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota State Building Code. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, 16B.62, subdivision 1, when so established by this ordinance. The code enforcement agency of this municipality is called the Inspection Division of the Community Development Department of the City of Shakopee. This code shall be enforced by the Minnesota Certified Building Official designated by this Municipality to administer the code (Minnesota statute 16B.65) subdivision 1. Subd. 3. Violations and Penalties. A violation of the code is a misdemeanor (Minnesota H:\CC\2008\Building and Fire Code Adoption 06172008.doc 7 statutes 16B.69 Subd. 4. Building Codes. The Minnesota State Building Code, as adopted by the Commissioner of Administration pursuant to Minnesota Statutes chapter 16B.59 to 16B75, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Administration, through the Building Codes and Standards Division is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this ordnance. The Minnesota State Building Code is hereby incorporated in this ordinance as if fully set out herein. Section 2. Building Code Optional Chapters. The Minnesota State Building Code, established pursuant to Minnesota Statutes l6B.59 to l6B.75 allows the Municipality to adopt by reference and enforce certain optional chapters of the most current edition of the Minnesota State Building Code. The following optional provisions identified in the most current edition of the State Building Code are hereby adopted and incorporated as part of the building code for this municipality. 1. Chapter 1306, subp. 2. Existing and New Buildings. Section 2. Effective Date of Ordinance. This ordinance becomes effective from and after its passage and publication. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this _ day of , 2008. Mayor of the City of Shakopee ATTEST: City Clerk H:\CC\2008\Building and Fire Code Adoption 06172008.doc 8