HomeMy WebLinkAboutAgenda Report - May 15, 1991 PHO:
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Public Hearing. Appeal of Fire Code
Requirements for J.J.S. Warehouse.
MEETING DATE: May 15, 1991
PREPARED BY: Fire Chief
RECOMMENDED ACTION: Discussion and appropriate action.
BACKGROUND INFORMATION: This appeal was to be heard at the
regular City Council meeting of
December 19, 1991. It was continued
to allow for the Fire Department and the appellant, Mr.
Anton Sitter to meet and discuss the requirements placed on
his business. It was the intent of both parties to attempt
to reach a solution to the concern about the Fire Departments
interpretation of the Uniform Fire Code. After several
meetings, written correspondence, and an additional delay in
holding the Public Hearing the Fire Department is prepared to
proceed with the Public Hearing.
The Fire Department believes that its interpretation of
the Uniform Fire Code is correct. We have conferred with the
Uniform Fire Code Coordinator from the International
Conference of Building Officials for input on our
interpretation. We have met with Mr. Sitter and his Attorney
to further clarify the requirements. We have toured his
facility and written several letters in which we have defined
the Code requirements. To date I am unsure of Mr. Sitters
intent regarding compliance with the requirements as I have
had no written or verbal response to my final letter. Should
I receive a response I will share it with the Council.
The Fire Department is comfortable with the requirements
as stated in our final letter to Mr. Sitter and we are
hopeful that he will agree to make the needed alterations to
his facility. We are also open to granting him time to
complete the work required.
Included in this Council Communication are the most
recent letters which were mailed to Mr. Sitter. These
letters include the Fire Departments requirements which are
APPROVED: --LT
O'3
THOMAS A. PETERSON
City Manager
issued under the authority of the Uniform Fire Code and the
Lodi Municipal Code. We feel that these minimum nationally
recognized standards provide the City with good fire
protection and should be enforced to insure a reasonable
degree of fire and life safety in our community. Fire
Marshal Steve Raddigan and I will be available at the Council
Meeting to answer questions and provide you with additional
background on this matter.
The following documents are included in with this agenda
item as background information for the City Council.
* July 31, 1989 Letter regarding original
fire inspection of facility.
* Sept. 12, 1989 Letter responding to Mr.
Sitters questions regarding
original inspection.
* Jan. 22, 1990 Letter of response from
Western Fire Chiefs.
* Sept. 28, 1990 Letter responding to questions
raised by Mr. Sitter at meeting
of Sept. 27, 1990 and further
clarification of issues.
# Sept. 2B, 1990 Notice of Fire Hazard and Order
to Abate.
* Oct. 24, 1990 Notice of Appeal filed by Mr.
Sitter.
* March 6, 1991 Letter outlining agreements and
addressing questions from March
4, 1991 meeting.
* March 27, 1991 Letter addressing further
questions from Mr. Sitter which
were delivered to Chief Hughes
at a meeting with Attorney H.
Horstmann.
EXHIBIT A
CITY OF LODI
FIRE DEPARTMENT
FIRE PREVENTION BUREAU
210 WEST ELM STREET
LODI, CALIFORNIA 95240
(243)333-6739
July 31, 1989
J. J. S. Warehouse
Attn: Anton N. Satter
23 Maxwell Street, AC
Lodi, CA 95240
Dear Mr. Sitter:
RE: FIRE INSPECTION' --23 MAXWELL STREET
On July 27, 1989. I conducted an inspection of the premises
indicated above. This inspection revealed conditions that are
present that do not comply with applicable codes and ordinances.
I have a serious concern about the quantity of flammable liquids
stored outside of the storage room. A research of the building
history has provided the following information:
1. The storage room was built in about October 1981.
2. A sprinkler system was installed at that time to
provide extra hazard protection in the storage room
and ordinary hazard in the warehouse area for
storage up to 12 feet in height.
3. The front office was not part of the warehouse.
4. That on April 2, 1985 a notice was issued to store
flammable liquids in the inside storage room.
Provisions regarding the storage of flammable liquids are
contained in the Uniform Fire Code and are:
The storage of flammable liquids in rooms or areas not
accessible to the public shall not exceed the greater
of 2 gallons per square foot of floor area actually
being used for the storage of Class I -B, I -C, II or
III -A liquids, or 120 gallons of Class I -B, 180 gallons
of Class I -C, 240 gallons of Class II or 660 gallons of
Class III -A liquids, or 240 gallons in any combination
of Class I and Class II liquids subject to the
limitations of the individual class.
FI23MAXW
J. J. S. Warehouse
July 31, 1989
Page 2
The storage of Class I -A flammable liquids in rooms
or areas not accessible to the public shall not exceed
1 gallon per square foot of floor area actually being
used for storage, or 60 gallons, whichever is greater.
The maximum quantity permitted shall be determined by
using only the floor area actually occupied by liquid
merchandise, including any contiguous aisle space.
Quantities exceeding these limitations shall be stored
in an approved liquid storage room or liquid storage
warehouse.
The following describes the manner of storage:
Containers under 30 -gallon capacity shall not be
stacked more than 3 feet or 2 containers high,
whichever is greater, unless on fixed shelving or
otherwise satisfactorily secured.
Storage shall not be closer than 3 feet to the nearest
beam, chord, girder or other obstruction.
Storage shall be 3 feet below sprinkler deflectors.
In areas that are not accessitle to the public, Class
I, II and III -•A liquids shall not be stored in the same
pile or rack section as ordinary combustible
commodities except when they are packaged together as
kits.
Leaking containers shall be taken to a safe location in
an area not accessible to the public and contents
transferred to an undamaged container.
In order to meet the provision of the code, it will be necessary
to group all flammable and combustible liquids on the same rack
sections and then determine the quantity that will be permitted
based on square footage and flammable liquid classification.
The possibility exists that you are exceeding the allowable
quantities outside of the storage room.
There are additional conditions present that will require
correction:
1. All storage above the west office is to be
18 inches below the sprinkler heads.
2. Combustible waste material shall be stored in metal
or metal -lined containers with tight -fitting lids.
The cardboard barrels and cardboard box in the
front office must be removed.
J. J. S. Warehouse
July 31, 1989
Page 3
3. The manner of storage for shipping boxes creates a
hazard because of location and method of storage.
A quantity not exceeding 100 cubic feet is
permitted in a metal or metal -lined container
equipped with a self-closing cover. A quantity
exceeding 100 cubic feet must be stored in a room
separated from the remainder of the building by a
one-hour occupancy separation.
4. The flammable liquid storage room requires two
exits.,
A reinspection is scheduled for August 15, 1989 and will be
conducted on or about that date.
If you have any questions, please contact me.
Sincerely in service,
."&&"'perfc�u��
Steven Raddigan(/�
Fire Marshal
SR/lm
cc: Don Linn
EXHIBIT C
CITY OF LODI
T
FIRE DEPARMENT
FIRE PREVENTION BUREAU
210 WEST ELM STREET
LODI, CALIFORNIA 95240
(209) 333-6739
September 12, 1989
J.J.S. Warehouse
Attn: Anton N. Sitter
23 Maxwell Street, ,#C
Lodi, CA 95240
Dear Mr. Sitter:
RE: FLAMMABLE LIQUID STORAGE - 23 MAXWELL STREET
A review of the information provided indicates that the 1979
Uniform Fire.Code was adopted at the time you began operating
your business.
Division IV of Article 79 outlines the requirements for container
and portable tank storage. Two occupancy types are listed that
are similar to your type of business. These are: 1) mercantile
and other retail occupancies, and 2) general purpose warehouse.
The Uniform Fire Code provides a definition of a mercantile
occupancy as the occupancy or use of a building or structure or
any portion thereof for displaying, selling or buying of goods,
wares or merchandise. There is no definition of a general
purpose warehouse in the Uniform Fire Code, however, I was able
to locate a definition in the National Fire Codes and Standards.
As defined in NFPA 30, a general purpose warehouse is a separate,
detached building or portion of a building used only for
warehousing -type operations.
There are specific requirements for each occupancy outlined in
the 1979 Uniform Fire Code. General purpose warehouse storage
shall be in accordance with Table No. 79.402A and shall be in
noncombustible or fire -resistive buildings or in portion of such
buildings cut off by two-hour fire walls. A mercantile and other
retail occupancies have a significant reduction in approved
quantities outside of flammable liquid storage rooms. There is a
requirement that quantities exceeding those amounts be stored in
flammable liquid storage rooms. There is no such requirement for
general purpose warehouses.
or'�,
J.J.S. Warehouse
September 12, 1989
Page 2
A review of building plans indicates that there was a specific
requirement for the construction of a liquid storage room. Other
new construction is of one-hour construction. This information
leads me to believe that because of the type of building
construction, this building did not qualify as a general purpose
warehouse and that a portion of the main building cut off by
two-hour fire walls was constructed. However, even this room did
not meet the requirements for exiting under 79 UBC :.318.
In applying both the Uniform Fire Code and the Uniform Building
Code adopted at the time you began your business, and comparing
these Codes to the current operation, the building would be
classified as an H2 Occupancy. The 1979 Uniform Building Code
limits the building area to 1,500 square feet unless there is
more than 30 feet from all property lines including property lines
adjacent to public ways. As previously stated, the Uniform Fire
Code requires buildings to be noncombustible or fire -resistive or
in portions of such buildings cut off by two-hour fire walls.
Your building did not meet those requirements for a general
purpose warehouse. This provides the reason why the Building and
Fire Departments seemed so confused when trying to address your
needs. Yoii could not be a general purpose warehouse by building
construction and area limitations, and you were not, by
definition, a mercantile or other retail occupancy. Both
departments attempted to apply portions of the Code from each
category. The overall intent was to have the flammable and
combustible liquids in excess of a.determined amount stored in
the storage room. There is nothing in the Codes that required
only the paint thinner to be stored in this room.
The 1982 edition of the Uniform Fire Code eliminated the general
purpose warehouse and set the same requirements for wholesale and
retail stores while creating a section for miscellaneous
industrial buildings. These requirements increase approved
quantities outside of storage rooms from those when you began
operating your wholesale business.
It is my interpretation that your storage requirements in 1981
were more restrictive than today's requirements. This_is based
on the building not meeting requirements for a general purpose
warehouse. It is also my interpretation that your storage needs
to comply with the following:
The storage of flammable liquids in rooms or areas not
accessible to the public shall not exceed the greater
of 2 gallons per square foot of floor area actually
being used for the storage of Class I -B, I -C, II or
III -A liquids, or 120 gallons of Class I -B, 180 gallons
of Class I -C, 240 gallons of Class II or 660 gallons of
Class III -A liquids, or 240 gallons in any combination
of Class I and Class II liquids subject to the
limitations of the individual class.
J.J.S. Warehouse
September 12, 1989
Page 3
The storage of Class I -A flammable liquids in rooms
or areas not accessible to the public shall not exceed
1 gallon per square foot of floor area actually being
used for storage, or 60 gallons, whichever is greater.
The maximum quantity permitted shell be determined by
using only the floor area actually occupied by liquid
merchandise, including any contiguous aisle space.
Quantities exceeding these limitations shall be stored
in an approved liquid storage room or liquid storage
warehouse.
The following describes the manner of storage:
Containers under 30 -gallon capacity shall not be
stacked more than 3 feet or 2 containers high,
whichever is greater, unless on fixed shelving or
otherwise satisfactorily secured.
Storage shall not be closer than 3 feet to the nearest
beam, chord, girder or other obstruction.
Storage shall be 3 feet below sprinkler deflectors.
In areas that are not accessible to the public, Class
I, II and_II_I-A liquids shall not be stored in the same
pile or rack section as ordinary combustible
commodities except when they are packaged together as
kits.
Leaking containers shall be taken to a safe location in
an area not accessible to the public and contents
transferred to an undamaged container.
To answer some of the questions raised during our meeting on
August 11, 1989, I provide the following:
I. In referring to the National Fire Codes, they would be used
when a specific issue is not addressed in the Uniform Fire
Code. In this case, the storage of flammable liquids is
addressed in the Uniform Fire Code and reference is not -made
to the National Fire Code.
2. Storage inside the liquid storage rood is permitted on
shelving of 'noncombustible construction or of wood not less
than 1 inch nominal thickness.
3. A girder is defined as a horizontal main structural member
(as in a building or bridge) that supports vertical loads
and that consists of a single piece or of more than one
piece bound together.
t
J.J.S. Warehouse
September 12, 1989
Page 4
4. %.1 would accept a fire sprinkler head inside the metal box -
used for the storage of shipping boxes in lieu of one-hour
fire -resistive construction.
5. Any expansion of the current storage room will be in
accordance with the applicable Codes.
I understand that these requirements will have an affect on
storage procedures and will require a change in maintaining
inventory and filling orders. I don't expect you to move
inventory and then not be able to find it. I am sure a -
reasonable time period can be established that allows ample time
to make the necessary adjustments without disregard for fire
safety.
Your continued cooperation is appreciated.
Sincerely in service,
Steven Raddigan
Fire Marshal
SR/lm
t1 EXIIIBIT B
FS AS
4
2
Western Fire Chiefs Association, Inc.
Organized September 30, 1891
5360 SOUTH WORKMAN MILL ROAD • WHITTIER, CALIFORNIA 90601 • (213) 699-0124
January 22, 1990
Mr. Steven Raddigan
Fire Marshi a
city of Lodi
Fire Department
Fire Prevention Bureau
210 West Elm Street
l ii, California 95240
Subject: Section 79.201 (e)ii
Uniform Fire Code, 1985 Edition
Dear Mr. Raddigan:
Your letter of December 15, 1989 has been forwarded to me for response.
Your questions arra our answers are as follows:
Ql: If the square footage formula allows for 1,200 gallons of Class I-
B, is it the intent of this section to limit quantities to 120
gallons of Class I -B outside of storage roams or to permit the
1,200 gallons outside of storage rocup?
Al: Section 79.201 (e)ii allows the greater amount as determined by
the fixed quality or the density formula; in this case, 1,200
gallons. Note that quantities determined by the density formula
are actual densities over the area used for storage of flammable
and combustible liquids and contiguous aisles. Quantities are no,,-
determined
otdetermined by averaging over the gross floor area. Additionally,
the its of Section 79.201 (f) apply.
Q2: If the greater quantity of 1,200 gallons of Class I -B is permitted
outside of storage roans, would the building be required to meet
the Building Code regairmient, for an Group H Occupancy?
A2: No, when in compliance with provisions set forth in Al.
iarion of Fire Chiefs 0
A Division of the tnternatio�ralAssot
Mr. Steven Raddigan
January 30, 1990
Page 2
Q3: In using the square footage formula, and having an area of 150
square feet, the forlmxla provides for 300 gallon of Class I -B.
If shelving is used, can 300 gallons be placed on each shelf.
A3: IxTo. Mie density method uses the gross quantity of liquid over the
actual storage area and contiguous aisle space surrounding the
actual storage area. If the shelves and the contiguous aisles
cover 150 square feet than a total of 300 gallons of Class I -B
liquid is allowed on the shelves.
For your information, revisions to the requirements for the storage of
r'l-zm-able and combustible liquids (Article 79) are currently being
considered for the 1991 edition.
If you should need to discuss this further, please feel free to call.
sincerely yours,
���" 0//��
Ray nand Bizal
j Staff Engineer, Godes
RB:ec
EXHIBIT D
CITY OF LODI
FIRE DEPARTMENT
FIRE PREVENTION BUREAU
217 WEST ELM STREET
LODI. CALIFORNIA 95240
(209) 333-6739
September 28, 1990
Mr. Anton N. Sitter
J.J.S. Warehouse
23 Maxwell Street #C
Lodi, CA 95240
Dear Mr. Sitter:
RE: FIRE INSPECTION - 23 MAXWELL STREET, LODI
On September 27, 1990, I met with you and your son in your office
to discuss the flammable liquid storage requirements. At that
time, you submitted a rack storage configuration and requested
that I determine the maximum allowable quantities to be stored.
Several comments were made concerning the application and
interpretation of codes. I would like to remind you that you may
appeal any interpretation that you feel is incorrect.
Prior to stating the requirements under existing code, I would
like to present information concerning the applicable codes
adopted at the time you began your business.
UNIFORM FIRE CODE - 1979 EDITION
Two occupancy types are listed that are similar to your type of
business. These are: 1) Mercantile and Other Retail Occupancies,
and 2) General Purpose Warehouse. There are specific
requirements for each type.
GENERAL PURPOSE WAREHOUSE
A general purpose warehouse shall be of non-combustible or
fire -resistive construction or in portions of buildings cut-off
by two hour fire walls.
The building you presently occupy did not meet the requirement of
non-combustible or fire -resistive construction. Storage would
then need to be in portions of the building cut-off by two-hour
fire walls. A sprinkler or equivalent fire protection system
meeting extra hazardous design would also be required throughout
the storage area.
23HAX
23 Maxwell St.
September 28, 1990
Page 2
Storage permitted in general purpose warehouses is as follows:
Maximum Allowable Maximum
Storage Height
Class lA 2750 gallons 3 feet
Class 1B 5500 gallons 6 feet
If a combination of classes was stored in the same pile,
the maximum gallonage permitted in that pile would be the
smallest of the two gallonages.
If you had installed a fire sprinkler system to meet extra hazard
protection and constructed two-hour fire walls around the storage
area, then you would have been a general purpose warehouse.
MERCANTILE AND OTHER RETAIL OCCUPANCIES
In rooms or areas accessible to the public, quantities were
limited to 2 gallons per square foot of gross floor area being
used. In unsprinklered buildings, the quantity could not exceed
30 gallons of Class 1-A, 60 gallons of Class 1-B, 90 gallons of
Class 1-C, 120 gallons of Class II or any combination of
flammable liquids totaling 120 gallons. In sprinklered
buildings, the quantity could be doubled.
All quantities exceeding these limitations were required to be in
a room or portion of the building that complies with provisions
for an inside storage and handling room as provided in Section
79.404.
DESIGN AND CONSTRUCTION OF INSIDE STORAGE AND HANDLING ROOM
Inside storage and handling rooms must meet the following
requirements:
1. Constructed to meet requirements of Group H, Division 2
occupancies.
2. Sprinkler systems designed for extra hazardous locations
may increase allowable storage.
3. Openings to the room shall be provided with a
non-combustible liquid tight raised sills or ramps at
least four (4) inches in height.
4. Electrical wiring shall be approved for Class I,
Division I locations.
23 Maxwell St.
September 28, 1990
Page 3
5. Ventilation shall be designed to provide for a complete
change of air within the room at least six times per
hour.
5. beating shall be restricted.
7. Explosion venting shall be provided.
g. Exits shall be in accordance with the building code.
Storage is limited to the following:
1. A qua4tity of 5000 gallons would be permitted in rooms
of two-hour construction having a maximum area of 500
square feet and provided with an automatic extinguishing
system.
2. There shall be at least one aisle with a minimum width
of three (3) feet.
3. Containers under 30 gallons capacity shall not be
stacked more than 3 feet or two containers high.
After a review of documents, it is my opinion that actions were
taken by you to meet the requirements of mercantile and other
retail occupancies because the building did not meet construction
requirements for a general purpose warehouse. This opinion is
based on the following:
1. A fire sprinkler system was installed meeting a design
for ordinary hazard except for a small area along the
south wall which was designed for extra hazard. A
probable reason for this was to maximize on the
quantities of flammable liquids outside of a storage
room.
2. A storage room was built that:
a. did not exceed 500 square feet.
b. was protected by fire sprinklers for extra
hazard locations.
C. was constructed of two-hour fire walls.
d. using electrical components meeting hazardous
location requirements.
e. provided for ventilation.
f. provided for a four (4) inch ramp at openings.
In addition, notes on building plans indicated that storage was
to be in accordance with U.F.C. 79.409 (1979) and in 1985, a
notice was issued requiring flammable liquids to be in the inside
storage and handling room.
C"N
23 Maxwell St.
September 28, 1990
Page 4
This was not intended to be a general purpose warehouse for the
following reasons:
1. New construction involved the use of some one-hour fire
walls instead of all two-hour fire walls as required for
a warehouse.
2. The fire sprinkler system installed did not meet the
design for a warehouse storing flammable liquids.
3. There is not a requirement under general purpose
warehouses to construct rooms or portions of buildings
having four inch ramps, electrical components for
hazardous locations and ventilation.
It was to your advantage to design as a mercantile or other
retail occupancy. A general purpose warehouse would have
required a full height two-hour fire wall and a sprinkler system
meeting a design for extra hazard locations. The quantity of
storage permitted would have been 5500 gallons with possible
limitations because of mixed classes of flammables. This could
have resulted in a maximum allowable of 2750 gallons. The
quantity of storage as a fire sprinklered mercantile or retail
occupancy having a storage room would have been 5240 gallons.
As stated in a previous letter, the requirements were more
restrictive under the 1979 Uniform Fire Code than under the 1988
Uniform Fire Code.
The current code provides for the following:
WHOLESALE AND RETAIL STORES
In rooms or areas accessible to the public, storage shall be
limited to quantities:
1. The amount of flammable liquid that may be stored in
this building in rooms or areas not accessible to the
public shall not exceed the greater of 2 gallons per
square foot of floor area actually being used for the
storage of Class I -B, I -C, II or III -A liquids.
2. The storage of Class I -A flammable liquids in rooms
or areas not accessible to the public shall not
exceed 1 gallon per square foot of floor area
actually being used for storage.
1%
23 'Maxwell St.
September 28, 1990
Page 5
3. The maximum quantity permitted shall be determined
by using only the floor area actually occupied by
liquid merchandise, including any contiguous aisle
space.
4. Quantities exceeding these limitations shall be
stored in an approved liquid storage room or liquid
storage warehouse.
5. The manner of storage shall.be as follows:
a. Containers under 30 -gallon capacity shall not
be stacked more than 3 feet or 2 containers
high, whichever is greater, unless on fixed
shelving or otherwise satisfactorily secured.
b. Storage shall not be closer than 3 feet to the
nearest beam, chord, girder or other
obstruction.
C. Storage shall be 3 feet below sprinkler
deflectors.
d. In areas that are not accessible to the
public, Class I, II and III -A liquids shall
not be stored in the same pile or rack section
as ordinary combustible commodities except
when they are packaged together as kits.
e. Leaking containers shall be taken to a safe
location in an area not accessible to the
public and contents transferred to an
undamaged container.
After a review of the proposed rack storage plan, I have
determined the following:
1. The maximum quantity of flammable liquids shall
be 3648 gallons. At this time, I considered
all liquids to be Class 1-B. I will continue to do so
unless it becomes clear that you are storing Class 1-A
liquids in excess of the one (1) gallon per square foot
limitation. This would be determined by the storage of
Class 1-A containers having a capacity of 5 gallons or
more or storage of an appreciable amount of known Class
1-A flammable liquids.
2. The maximum quantity allowed for racks twenty-five (25)
feet in lengths shall be 682 gallons.
23 Maxwell St.
September 28, 1990
Page 6
3. The maximum quantity allowed for rack twenty (20) feet
in length shall be 572 gallons.
4. No storage of flammable liquids shall be permitted on
the top shelf of any rack.
5. Manner of storage of containers shall be as follows:
a. Containers under 30 -gallon capacity shall not
be stacked more than 3 fe.et or 2 containers
high, whichever is greater, unless on fixed
shelving or otherwise satisfactorily secured.
b. Storage shall not be closer than 3 feet to the
nearest beam, chord, girder or other
obstruction.
C. Storage shall be 3 feet below sprinkler
deflectors.
d. In areas that are not accessible to the public,
Class I, II and III -A liquids shall not be
stored in the same pile or rack section as
ordinary combustible commodities except when
they are packaged together as kits.
e. Leaking containers shall be taken to a safe
location in an area not accessible to the -
public and contents transferred to an undamaged
container.
During our conversation, you stated that it would take
approximately three (.3) months to complete the rearrangement of
the rack storage. I rind this to be acceptable.
I have enclosed 3 NOTICE OF FIRE HAZARD AND ORDER TO ABATE. This
is being issued because of the comments made regarding the
inability to operate with a reduced inventory and the inability
to afford additional storage space.
Also, as requested, I have enclosed copies of the applicable fire
code sections.
If you have any questions, please contact me.
Sincerely In Service,
Steven W. Raddigan
Fire 14arshal
SR/lh
f
NJJS WAREHOUSE - 23 Maxwe.l! Street
,
,
,
,
,
r' ----------------------------5
Storage Area: 1824 square feet
Maximum quantity permitted in storage area: 3648 gallons
Maximum quantity permitted on 25' racks: 682 gallons
Maximum quantity permitted on 20' racks: 572 gallons
Total aggregate quantity shall not exceed 3648 gallons
Exfl)BIT G
Y S
,.,--ARE DEPARTMENT "
0 a t e
W. Elm Street C—RTIFICATE OF INSPECTION
Lodi, CA 95240
(209) 369-2737
3..-me'l-t"C'ag Eu.
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Firm; Name Address
Owner/Mgrl/ Address
Insurer Address
Occupancy 14 Reinspection'
Initial/Date
Code Ref.
Coce Compliance Required For Items Below
A -e
4"1
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A reasonable degree of fire & life safety exists at this time.
Failure to comply with the above listed requirements within the prescribed time periods is a violation of the
Fire Code and can result in the issuance of a citation.
'Fyir r tA
Prt&
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Copy received by Inspector
DISPOSITION C3 Request For Inspection File
0 Copy To Commercial File
C1 copy To:
0 copy To Apartments File
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--� EXHIBIT E
CITY OF LODI
FIRE DEPARTMENT
FIRE PREVENTION BUREAU
21: WEST ELM STREET
LODI. CALIFORNIA 95240
(209) 3336739
NOTICE OF FIRE.HAZARD
AND
ORDER TO ABATE
September 28, 1990
Mr. Anton N. Sitter
J.J.S. Warehouse
23 Maxwell St. r'C
Lodi, CA 95240
Dear Mr. Sitter:
RE: 23 MAXWELL STREET, LODI
;NOTICE OF FIRE HAZARD
Records indicate that you are the current occupant of the real
and improved property in the City of Lodi, County of San Joaquin,
State of California described as follows: Assessor Parcel No.
062-050-0004. Said property is more commonly known as 23 Maxwell
Street, Lodi, CA 95240.
As the occupant, you are hereby notified that the undersigned
Fire Marshal of the City of Lodi has inspected said property and
has found conditions which create a FIRE HAZARD that are in
violation of the Uniform Fire Code as adopted by the City of
Lodi.
INSPECTIONS AND VIOLATIONS
Or. September 24, 1990, the undersigned Fire Marshal caused said
property to be inspected. The following violations were
discovered:
231.1AXNOV
23 Maxwell St.
September 28, 1990
Page 2
1988 Uniform Fire Code
Sec. 79.201(E)3(ii). In rooms or areas not accessible to the
public storage of flammable and combustible liquids shall
not exceed the greater of 2 gallons per square foot of floor
area actually being used for the storage of Class I -B, I -C,
II or III -A liquids, or 120 gallons of Class I -B, 180
gallons of Class I -C, 240 gallons of Class II or 660 gallons
of Class III -A liquids, or 240 gallons in any combination of
Class I and Class II liquids, subject to the limitation of
the individual class. Storage of Class I -A liquids shall be
prohibited in basements and limited to I gallon per square
foot or 60 gallons, whichever is greater, on other floors.
Quantities exceeding these limitations shall be stored in an
approved liquid storage room or liquid storage warehouse in
accordance with Sections 79.202 and 79.203.
The manner of storage shall be in accordance with Subsection
(f) of this section.
VIOLATIONS:
1. Flammable and combustible liquids are stored in
quantities in excess of the allowable permitted.
2. Quantities exceeding these limitations are not
stored in an approved liquid storage room.
3. The manner of storage is not in accordance with
Subsection (f) of this section.
Sec. 79.201(f) Containers under 30 -gallon capacity shall
not be stacked more than 3 feet or 2 containers high,
whichever is greater, unless on fixed shelving or otherwise
satisfactorily secured.
Storage shall not be closer than 3 feet to the nearest beam,
chord, girder or other obstruction.
Storage shall be 3 feet below sprinkler deflectors.
In areas that are not accessible to the public, Class I, II
and III -A liquids shall not be stored in the same pile or
rack section as ordinary combustible commodities except when
they are packaged together as kits.
Leaking containers shall be taken to a safe location in an
area not accessible to the public and contents transferred
to an undamaged container.
23 Maxwell St.
September 28, 1990
Page 3
VIOLATIONS:
1. Containers under 30—gallon capacity are stored more
than three containers high or more than three feet
high.
2. Stora -,e is close than three (3) to the nearest
beam, `chord, or girder.
3. Ordinary combustible commodities are stored in the
same rack section as flammable liquids.
DETERMINATION
As a result of the forgoing violations, the undersigned Fire
Marshal has declared that a FIRE HAZARD exists on the property
and has made the following determination:
1. The storage of flammable liquids shall be limited to 2
gallons per square foot of actual storage area and in a
manner as required by the fire code.
TIME PERIOD FOR COMPLIANCE
1. The storage of flammable liquids shall be as required by the
fire code within 90 days.
ORDER TO ABATE
Pursuant to Section 15.20.030 of the Lodi Municipal Code, this
Notice constitutes an ORDER to you, the occupant of the property
in question, TO ABATE the conditions listed herein in a manner
and within the time determined -above.
APPEAL
Whenever the Fire Chief disapproves an application or refuses to
grant a permit applied for, or when it is claimed that the
provisions of the fire prevention code do not apply or that the
true intent and meaning of the fire prevention code has been
misconstrued or wrongly interpreted, the applicant may appeal
from the decision of the Fire Chief to tie City Manager within
thirty days from the date of the decision appealed.
23 Maxwell St.
September 28, 1990
Page 4
FAILURE TO COMPLY
No person, whether as owner, lessee, sublessee or occupant, shall
use, occupy or maintain any occupancy, premises, or vehicle or
cause or permit the same to be done, contrary to or in violation
of any of the provisions of this fire code or any lawful order
issued by the Fire Chief or his authorized representatives under
this chapter. Any -person violating the provisions of this
section is guilty of a misdemeanor for each day such violation
continues.
Steven W. Raddigapl::�
Fire Marshal
SR/lh
cc: Chief Building Inspector
City Attorney
K.D. & R.V. Gamblin
EXHIBIT F
OCT ?. 6 1990
City Attorney's Office
NOTICE OF APPEAL
Thomas A- Peterson
City Manager
City of Lodi
CCity HaII
221 'West Pine Street
Lodi, California .95240
:Re: 23 Maxwell Street, Lodi, California
Dear Sir:
The undersigned, Anton N. Sitter, owner of J.J.S.
Warehouse located at 23 Maxwell Street, Building C. Lodi,
California, hereby appeals from the Notice of Fire Hazard dated
September 28, 1990, under the applicable provisions of the
Uniform Fire Code and Lodi Municipal Code. .
Dated: October, 24, 1990
AN ON N. SITTER
cc: Robert McNatt, City Attorney
Fire Chief
Larry. F. Hughes
r. cawr
121 vire v e artrp ept
210 West Elm Street
Lodi, California 95240
209/333-6735
M 4t•
Fe ry 6, 1991
Mr. Anton N_ Sitter
J.J_S. Warehouse
23 Maxwell Street, #C
Lodi, CA_ 95240
Dear Mr. Sitter:
Management Team .
Robert Gorbet
Larry Lorenz
Steve Raddigan
Gary Duck
Ken Morgan
Frank Ortiz
RE: RESULTS OF OUR MEETING OF 3-4-91, REGARDING FIRE
INSPECTION REQUIREMENTS FOR 23 MAXWELL STREET, LODI
As a result of the meeting between yourself, your son,
your Attorney Herb Horstmann, myself and Fire Marshal Steve
Raddigan, the Fire Department is in agreement that if the
following Fire Code conditions are carried out, your
warehouse at 23 Maxwell, #C, will be in compliance with the
1988 Edition of the Uniform Fire Code.
QUANTITY OF FLAMMABLE LIQUID TO BE STORED:
1. The maximum quantity of Class I -B, I -C, II or III -A liquid
shall be computed by taking the floor area designated for
flammable liquid storage and multiplying that square
footage by 2. This equates to storage of 2 gallons per
square foot of floor area as the amount that may be stored
in the designated area. When computing the square footage
of the designated flammable liquid storage area, you can
use only the floor area actually used (rack area) and any
contiguous aisle space to that rack or storage area_
2. Quantities of flammable liquids in excess of those
calculated using the above criteria must be stored in the
liquid storage room.
3. You may store combustible materials on separate racks in
the designated flammable liquid storage area, but the
square footage taken up by this storage cannot be used to
compute the total gallonage allowed in that area_
4. You must meet all of the requirements regarding methods of
storage which were outlined in Fire Marshal Raddigans
letter dated September 28, 1990_ They are as follows:
stacked more than 3 feet or 2 containers high,
whichever is greater, unless on fixed shelving
(which I believe you have) or otherwise
satisfactorily secured.
b. Storage shall not be closer than 3 feet to the
nearest beam, chord, girder or other obstruction_
c. Storage shall be 3 feet below sprinkler deflectors
(heads).
d. In areas that are not accessible to the public,
Class 1, II and III -A liquids shall not be stored in
the same pile or rack section as ordinary
combustible commodities except when they are
packaged together as a kit. (This is why we
required that combustibles be stored on separate
racks in item #3 above)
e_ Leaking containers shall be taken to a safe location
in an area not accessible to the public and contents
transferred to an undamaged container.
There is still the question of how much flammable liquid
can you store in your building. If you will provide us with
a diagram of your building showing the rack configuration and
their size and the location and size of the "designated
flammable liquids storage area", we will be pleased to
provid:! you with the maximum amount of Class I -B, I -C, II,
and III -A flammable liquids that you can store in your
building and on each rack.
As we noted during our meeting, your building does not
meet the requirements of a General Purpose Warehouse under
the 1979 Uniform Fire Code, and it is to your advantage to
use the provisions of the 1988 Uniform Fire Code in lieu of
spending the dollars to bring the building tip to the
requirements of the 1979 code. However, if you choose to do
so, we will accept the building under the provisions of the
1979 code, once it is modified to meet the requirements of
that code.
At our meeting you requested si.x (6) months to comply
At our meeting you requested six (6) months to comply
with the requirements of the code (1979 or 1988). 'If your
choice is to meet the requirements as I have outlined them in
this letter I have no problem allowing you an additional six
(6) months to comply. If however, you choose to continue
with your appeal I ask that you notify the City'Manager by no
later than March 12, 1991 so that your appeal can be placed
on the March 20, 1991 City Council Agenda or be continued
until the April 10, 1991 City Council Agenda. If you are not
going to continue with your.appeal I will report back to the
City Council on March 20, 1991 that you have been given an
additional six_ (6) months to comply with the items as'noted
in this letter, and that you have agreed to comply as herein
stated.
Thank you for meeting with us and attempting to work out
our differences. We appreciated the opportunity to discuss
these items, and hopefully we have provided clarification on
what the Uniform Fire Code requirements are for you building.
Respectfully,
Larry F. Hughes
Fire Chief
cc:
Tom Peterson, City Manager
Steve Raddigan, Fire Marshal
Herb Horstmann, Attorney
File
JJS/1
fire DepartiveRt
210 West Elm Street
Lodi, California 95240
209/333-6735
Larry F. Hughes
In. Q kf
March 27, 1991
Mr Anton N. Sitter
J.J.S. Warehouse
23 Maxwell St. #C
Lodi, CA. 95240
Dear Mr. Sitter,
Management Team
Robert Gorbet
IAM Lorenz
Steve Raddigan
Gary Duck
Ken Morgan
Frank Ortiz
Your attorney, Mr. Herb Horstmann, and I met on March 26,
1991 for the purpose of clarifying points of my letter of
March, 6 1991. As noted previously this letter was
improperly dated February 6, 1991. During my meeting with
Mr. Horstmann it was concluded that you needed clarification
of the following points.
1., Does your building meet the requirements to be
classified as Non -Combustible and/or Fire Resistive
construction?
2. If you choose to meet the requirements of the 1988
code, as listed in the Fire Departments correspondence to
you, how long can materials be left in the shipping/receiving
area of the building?
My answers to these questions are:
1. The exterior of your building, which I understand to
be metal construction, does meet the requirements for Non -
Combustible construction as currently defined in the Uniform
Building Code_ For the entire building to meet this
requirement all interior walls must also meet this
definition. I believe that your building does have some
walls with wood studs. If this is true then the building
will not meet the requirement_
If, however, the wood studs are covered with one hour
fire resistive materials as defined in the code you would
then have a Non -Combustible exterior wall with Fire Resistive
Interior walls and would then meet the construction
requirements of the 1979 Uniform Fire Code for a general
purpose warehouse_
I must point out that. you would still not meet the 1979
Uniform Fire Code requirement for an -extra hazard sprinkler
system_
2. The question of how long you can leave materials in
the shipping and receiving area is not -clearly defined in the
". 1988 Uniform Fire -Code. We would not be concerned with
'ordinary combustible materials being left in this area as
long as they are not blocking exits. The flammable and
combustible liquids in this area must be moved to the
"designated" flammable liquids storage area of the warehouse
in a reasonable time•.frame from when they"are received. I am ..
certain that the codes•intent is to not allow the storage -of
_ these materials in areas other than those areas so-
Adesignated" and meeting the design criteria for such
storage. We belive that the maximum length of time that
flammable and combustible liquids can be left - in the shipping
and receiving area is one week (7 days). Anything longer
would undoubtedly constitute storage.
We will await your decision on continuing of the appeals
process or its' termination. Please let us know what your
decision is so that we can advise the _. City Council prior to
the City Council meeting of April 17, 1991. It would be most
beneficial to us.to hear from you by April 9th so that we can
include materials in the City Council informational package
for the.April 17th meeting.
Thank you for you efforts to meet the requirements and to
settle this issue. I hope that I have address the questions
and given you the answers that you needed. If I have not,
please contact me as needed for further assistance.
Respectfully,
Larry F.
Hughes
Fire Chief
cc: Tom Peterson, City Manager
Steve Raddigan, Fire Marshal
Herb Horstmann, Attorney
File ✓
CITY OF LODI
FERE DEPARTMENT
HEADQUARTERS STATION
210 WEST ELM STREET
LODI. CALIFORNIA 95240
(209) 333-6735
April 11, 1991
Mr Anton N. Sitter
J.J.S. Warehouse
23 Maxwell St. #C
Lodi, CA. 95240
Dear Mr. Sitter,
As a result of our meeting on April 9, 1991 and my tour
of your facility I am forwarding this letter in a final
attempt to provide you with clarification of the requirements
of the Uniform Fire Code (UFC) for the storage of flammable
and combustible liquids in your facility.
During our conversations and previous correspondence we
have agreed that you have the option of complying with either
the 1979 or the 1988 Edition of the UFC. This decision was
made by the Fire Department due to the fact that your
facility was constructed in 1981 under the 1979 Edition, and
our i6 te;rpretation that the 1979 Edition is more restrictive
than the 1988 Edition. With this in mind I am herein
providing you with the requirements which would have to be
complied with under each of these Codes, and will leave the
decision as to which one you want to comply with up to you.
Uniform Fire Code, 1979 Edition requirements are as
follows:
A. BUILDING CONSTRUCTION: The building must be of non-
combustible or fire -resistive type of construction. If this
requirement is not met, the flammable and combustible
materials must be stored in an area of the building which is
separated from the remainder of the building by two hour fire
walls. Your present building has been modified from the
original design by the addition of wood over the non-
combustible metal walls and by the breaching of the two hour
wall with a large doorway.
It is my opinion that in order to meet the above stated
building construction requirements you have three choices.
1. Cover the wood on the metal walls throughout the
1-1
entire building (excluding the office/lobby area) with a
material which will provide the required fire resistance of
these walls (one hour is required).
or
2. Cover the wood on the metal walls in the
warehouse portion of the building with material which will
provide the required fire resistance of these walls (one hour
is required) and close off, or install a properly rated fire
door in, the large door opening breaching the two hour fire
wall between the warehouse and the shipping area.
or
3. Construct a two hour fire wall around the
designated flammable and combustible liquids storage area of
the warehouse. With this requirement you would be required
to cover the wood only on the walls which would be within the
two hour enclosed area. You will also require less area of
extra hazard sprinkler system coverage as noted below.
B. FIRE SPRINKLER REQUIREMENTS: Regardless of the choice
made regarding the building construction in item A above, an
automatic fire sprinkler system designed and installed as per
National Fire Protection Standards for an extra hazard area
must be installed. The area of coverage will depend on the
construction choice you make. If you choose Item A, 1 or 2,
the code requires the entire warehouse area to be covered by
an automatic fire sprinkler system meeting extra hazard
design as per National Fire Protection Association standards.
If your construction choice is Item A, 3, the extra hazard
sprinkler system is only required inside of the area
separated by the two hour fire walls.
C. FLAMMABLE AND COMBUSTIBLE LIQUIDS STORAGE LIMITATIONS:
Regardless of your choices for building construction and
sprinkler coverage the 1979 Edition of the UFC places the
following limits on storage.
Maximum Allowable Maximum
Storage (ground floor) Height (except as
noted below)
Class
IA
2750
gallons
3
feet
Class
IB
5500
gallons
6
feet
Class
IC
16500
gallons
6
feet
Class
I1
16500
gallons
9
feet
Class
IIIA
55000
gallons
15
feet
When two or more classes of materials are stored in a
single pile, the maximum gallonage permitted in that pile
shall be the smallest of the two or more separate maximum
gallonages. We believe that the lowest flash point material
you are storing in the warehouse area is Class IB. If this
is the case then your storage in the warehouse area will be
restricted to a maximum of 5500 oallons. Aisles must be
provided so that no container is more than 12 feet from an
aisle. Main aisles shall be at least B feet wide and side
aisles at least 4 feet wide.
The maximum height of materials stored on the ground or
on a pallet shall be as noted in the chart above. When
stacked on the shelves of racks it is allowable to stack the
materials on a shelf to the maximum allowable height.
Example: Class IB materials can be stacked 6 feet high on
a shelf, or on two shelves each stacked 3 feet hight.
The clearance of stored materials from sprinkler heads,
beams, chords, girders, or other obstructions shall be 3
feet.
Materials which create no hazard to the liquids in the
warehouse may be stored in the same area.
D. STORAGE IN THE INSIDE STORAGE AND HANDLING ROOM: The room
which was constructed in 1961 will accommodate a maximum of
5000 gallons of storage which must be stored as follows:
1. This storage area must include at least one aisle
with a minimum width of 3 feet.
2. Storage must be 3 feet below all sprinkler heads.
3. Containers under 30 gallons capacity shall not be
stacked more than 3 feet or two containers high, whichever is
greater, unless on fixed shelving or otherwise satisfactorily
secured. Containers over 30 gallons capacity shall not be
stacked one upon the other.
4. This room requires two exits.
5. Shelving shall be of non-combustible material or
of wood of 1" nominal thickness.
Uniform Fire Code, 198B Edition requirements are as follows:
A. BUILDING CONSTRUCTION: No modifications to the type of
construction are required.
B. FIRE SPRINKLER REQUIREMENTS: The automatic sprinkler
system does not have to be designed to meet the requirements
of the National Fire Protection Association standard or the
Uniform Building Code standard for extra -hazardous occupancy.
C. FLAMMABLE AND COMBUSTIBLE LIQUIDS STORAGE REQUIREMENTS:
The maximum quantity of Class I -B, I -C, II or III -A flammable
liquid shall be computed by taking the floor area designated
for flammable liquid storage and multiplying that square
footage by 2. When computing the square footage of the
designated flammable liquid storage area, you can use only
the floor area actually used for storage and any contiguous
aisle space to the rack/storage area.
Quantities of flammable liquids in excess of those
calculated using the above criteria must be stored in the
liquid storage room.
Other storage requirements are as follows:
1. You may store combustible materials on separate
racks in the designated flammable liquid storage area, but
the square footage taken up by this storage cannot be used to
compute the total gallonage allowed in that area.
2. Containers under 30 gallons capacity shall not be
stacked more than 3 feet or 2 containers high, whichever is
greater,- unless on fixed shelving or otherwise satisfactorily
secured. Containers over 30 gallons shall not be stored more
than one container high. All containers shall be stored in
an upright position.
3. Shelving shall be of stable construction, of
sufficient depth and of such arrangement that containers
displayed thereon will not be easily displaced.
4. Piles shall be not closer than 3 feet to the
nearest beam, chord, girder or other obstruction and shall be
3 feet below sprinkler deflectors or discharge orifices of
water spray or other overhead fire -protection systems.
5. In areas that are not accessible to the public,
Classes I, II and III -A liquids shall not be stored in the
same pile or rack section as ordinary combustible commodities
except when they are packaged together as kits.
b. Leaking container's shall be taken to a safe
location in an area not accessible to the public and the
contents transferred to an undamaged container.
Under the 1988 Edition of the UFC we will have to know
which area of the warehouse you wish to designate as the
flammable liquids storage area before we can compute the
total gallonage allowed in that area. As you know you are
allowed to store up to 5000 gallons in the Inside Storage and
Handling Room provided you can arrange the storage in that
room as noted under item D in the 3979 section of this
letter.
I have recommended to the City Council that the Public
Hearing scheduled for April 17, 1991 regarding your appeal be
held over until the City Council meeting of May 15, 1991.
This action was taken at your request that the Hearing not be
held on April -17th and the fact that the Fire Marshal will
not be available for the May 1, 1991 Council meeting. If you
should decide that you do not wish to continue with the
appeal process it will be up to you to contact City Manager
Tom Peterson and notify him in writing to remove the Public
Hearing from the May 17, 1991 City Council Agenda. If you
wish to continue the process, you must be present on May 17,
1991 at the City Council meeting.
Respectfully,
Larry F. Hughes
Fire Chief
cc: Herb Horstmann, Attorney
Tom Peterson, City Manager
Bob McNatt, City Attorney
Steve Raddigan, Fire Marshal
file
,CITY COUNCIL
DAVID h1. HINCHMAN, l+lavor
JAMES W PINKERTON. Jr.
Mavor Pro Tempore
PHILLIP A PENNINO
JACK A. SIECLOCK
JOHN R. (Randy) SNIDER
--N
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI. CALIFORNIA 95 241-1 910
(209) 334-5634
FAX IN% 333-6795
May 21, 1991
Mr. Anton Sitter
J. J. S. Warehouse
23 Maxwell Street, Suite C
Lodi, CA 95240
Dear Mr. Sitter:
THOMAS A. PETERSON
City ,Manager
ALICE M REIMCHE
City Clerk
1308 McNATT
City Attorney
This letter will confirm action taken by the Lodi City Council at its
Regular Meeting of May 15, 1991 whereby following the withdrawal of
your appeal to the Notice of Fire Hazard and Order to Abate issued by
the Lodi. Fire Department on September 28, 1990, the City Council, by
motion action, denied the appeal and determined to allow you until
January 31, 1992 to bring your operation into compliance with the
Uniform Fire Code.
Should you have any questions regarding this matter, please do not
hesitate to call.
Very truly yours,
Alice M. Reimche
City Clerk
AMR/imp
cc: Fire Chief, Larry Hughes
Fire Marshal, Steve Raddigan