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Home My WebLink About1984-12-03 - Minutes• MINUTES OF THE MEETING • OF BOARD OF CONSTRUCTION APPEALS • • December 3, 1984 MICROFILMED A meeting of the Board of Construction Appeals was held on December 3, 1984, at the City Administration Building, Room 111, Fayetteville, Arkansas. Members Present: Neal Albright, Dale Cress, Tommi Ackley -Perkins. Others Present: Dale Frederick --Airport Manager, Donald Grimes --City Manager, Jim McCord --City Attorney, Paul Logue --Fire Chief, Freeman Wood --Inspection Superintendent, Bert Rakes --Inspector, Beverly Erwin -- Inspection Clerk. - The meeting was called to order by Chairman Albright at 4:25. The variance to be reviewed was for the City of Fayetteville Airport to allow three thousand one hundred twenty nine (3,129) feet between 1 hour rated walls. McCord, speaking on behalf of the City, stated the petition is by the City of Fayetteville for a minor variance from the requirements of the State Fire Code. He reminded us of the variance that came before the Board a few months ago to waive the requirements of the fire walls in T -hangars at the airport. He stated that we were not asking for a waiver of any required firewalls, they are just asking the board to permit a slight overage in the permitted square footage between one hour rated fire partitions. The hanger in question will have thirteen (13) separate t -hangar stalls, each one of which is one thousand forty three (1043) square feet. He referred back to the State Fire Code Section 403.2, which said a one hour fire rated partition is required every three thousand (3,000) square feet and in between that you can have as many non -rated partitions as you would like. An example, if each stall was one thousand (1,000) square feet you could have three stalls and then you would have to have your one hour rated wall then you can have three more one thousand (1,000) foot stalls and then you would have to have another one hour wall. He stated that they were just asking that each stall have forty three additional feet so that the total square footage between three hour fire walls is one hundred twenty nine (129) feet over the three thousand square feet. McCord stated he felt this is a reasonable request in that it will not increase the fire hazard, they are not trying to squeeze any additional airplanes in there, there will be only thirteen airplanes. Obviously another forty three (43) square feet in each stall will not permit a second airplane to be installed. If the variance is not granted two additional walls will have to be installed at a cost of approximately five thousand dollars ($5,000). He went further to state that the additional cost would increase the rental cost and would be harder for the City to be competitive with the other airports in this area. Because the variance request is very small, and would not increase the fire hazard, and because compliance would be expensive he asked the Board to grant the minor variance. He went further to state that there will be a four (4) hour wall installed so that neither side of the hangar is in excess of ten thousand (10,000) square feet. By doing that, a sprinkler system is not required. He stated that the Fire Chief, Fire Inspector, and Inspection Department has no objection to the variance. Logue stated he had no objection to the variance, he feels it is reason- able. Wood stated he had no problem with the variance. With no other questions, Albright asked for a motion that the variance be granted. Ackley -Perkins moved that the variance be granted. Cress seconded. After no discussion or questions, the motion was approved, vote was unanimous, 3--0. Wood talked to the Board members about the Fire Zone as was discussed at the last meeting. He reminded them that they had spoke about getting the fire zone boundaries changed. Wood has spoke to the Inspector's from Little Rock and they pointed out to him how it is handled in Little Rock. He stated they are able to apply a variance to another situation and not .call a meeting of the Board in like situations. He has spoke to McCord about it and McCord feels that something like that can be done here in Fayetteville. Wood stated that McCord has not had time to write a letter concerning this and he would like to write an opinion letter. McCord stated that, since the members of the Board change he would like to render an opinion in writing so it can be passed on to other board members and they can be familiar with the process. He stated that they could establish a policy stating under what situations they would grant a variance from the fire zone and that it could be handled administratively when that criteria is met. Wood stated that there seems to be some indications that insurance rates will rise and since we don't know what will happen to the rating if the zone is changed. He felt that this would be an alternative to the problem. He stated that it was up to them and if they still wanted the letter written to change the boundaries then he would compose the letter to give to the Board of Directors. He feels that either one would serve the purpose. Albright stated that he would feel more comfortable if it were presented to him in writing. Cress stated that McCord was talking about writing the opinion. • • McCord stated that the Board would set the criteria for handling the matter administratively, where they wouldn't have to meet on every variance. Cress reminded the members that they were going to bring the fire zone boundaries in, and he is offering to handle this administratively rather than change the fire zone. Ackley—Perkins state it would be fine if you could figure out what the criteria would be. Wood stated that in the past he had used the permanent open space of thirty (30) feet. He stated if you look at that then you can establish it quickly. Ackley—Perkins stated that they may have to look at that as they go along because you just can't sit down and look at each and every case. Wood stated that there are not very many reasons for granting the variance other than the above mentioned. Ackley—Perkins stated that if something came up that we had nothing to compare it to then a meeting would have to be called. Wood stated that this might be a better alternative than what was discussed before. He stated the board's problem was that they wouldn't have to come back and meet on every situation. Cress corrected Wood's statement and said like situations. Wood stated that they were having to come back and meet on like situations he thought that this might solve the problem and would be a lot easier than moving the fire zone boundaries. McCord stated he would write something to them and they can decide the criteria. Wood stated to write the opinion and give to him and he would be responsible for getting -the letter to the members. Cress asked if he was thinking about putting something in it to say that we would have to check with the Fire Chief and Inspector before issuing the variance. Wood stated that they could put any stipulation in it that they wanted and that McCord was only going to write an opinion on whether it could be done or not. He stated that the Board would have to meet and set the guide lines under which you could say that when the Fire Chief and Inspection Superintendent agree on situations. Cress stated that what he was talking about was that Wood could call the Fire Chief and ask him if he had any problems with that particular building and there might be cases where he would. • Wood stated that they could put any guide lines in it they wanted. Cress stated that it would be easier to get hold of the Fire Chief than it would be to get hold of the board members. The meeting adjourned at 4:45. NOTICE OF APPEAL TO BUILDING. BOARD OF ADJUSTMENTS AND APPEALS rpa E Fayetteville Airport DATE November 29, 1984 ADDRESS HOME TELEPHONE BUSINESS TELEPHONE 521-7700 ADDRESS OF PROPERTY WHERE VARIANCE REQUESTED: 349 Ernest Lancaster Drive LEGAL DESCRIPTION OF PROPERTY WHERE VARIANCE REQUESTED: NW4, NE4, Sec 4, T -15-N, R -30=W VARIANCE REQUESTED: Allow 3,129 square feet between 1hour rated walls REASONS FOR REQUESTING VARIANCE: If a variance is granted, we will be able to eliminate two (2) 1 hour rated walls, which will result in considerable savings. We are com- peting for tenants and the less cost incurred, the more competitive we can be. INTERPP.ETATION OF BUILDING OFFICIAL APPEALED FROM: Code requires 1 hour' rated wall every 3,000 square feet REASONS DECISION OF BUILDING REVERSED: We feel that 129 square feet over not increase the fire hazard very justify the additional expense of OFFICIAL SHOULD BE MODIFIED OR the 3,000 square feet allowed would much, and certainly not enough to building two more fire rated walls. • NOTE: A fee of $10.00 shall accompany each Notice of Appeal. Section 111.5 of the Building Code provides that the Board shall meet within ten (10) days after Notice of Appeal has been re- ceived. Section 112.1 of the Building Code provides that Notice of Appeal shall be filed within ninety (90) days after the de- cision is rendered by the building official.