HomeMy WebLinkAboutAgenda Report - December 19, 1990 PH(D CITY OF L,ODI COUNCIL COMMUNICATION
SUBJECT: Uniform Fire Code Appeal of DATE: December 19, 1990
J.J.S. Warehouse
PREPARED BY: Fire Chief
ACTION: That the City Council hear all evidence
pertaining to this matter and make a
deterinination as to the correct application of
the fire code or that the true intent and
meaning of the fire code has not been
misconstrued or wrongly interpreted.
BACKGROUND INFORMATION: On July 27, 1990 an inspection of t h e
premises was conducted by Fire Marshal
Steven Raddigan. This inspection revealed
that storage of flammable liquids was in in
violation of the Uniform Fire Code as adopted by the City of Lodi.
Specifically, the quantity of flammable liquids stored is in excess
of the amounts permitted and the manner of storage is not as required
by the Fire Code. A letter was sent on July ;1, 1990 outling the
requirments of the Fire Code and requesting that the necessary
corrections be made. (Exhibit A)
Over a period of time, there had been communicatioc: with Mr. Sitter
regarding the intent of the fire code. A formal inzerr>retation of
Section 79.201 (e) 3 i i was requested from I.C.B.O. (Exh-.bit B) This
section pertains to the maximum quantity of flammable liquids to be
stored and the method for determining that quantity.
Mr. Sitter also contends that the business was established as a
general purpose warehouse under the 1979 edition of the fire code and
should not be required to be brought into compliance with the current
fire code.
After a review of the 1979 edition of the Unifo)m Fire Code, the Fire
Marshal. made a determination that the provision for a general purpose
warehouse did not apply. On September 12, 1989 a lr-:tter was sent to
Mr. Sitter explaining the provision of the 1979 ed' .ion of the Uniform
Fire Code and why this particular building did not meet the
requirements of a general purpose warehouse. (Exhibit C)
On September 28, 1990 a another letter was sent which also explained th4
provisions of the applicable sections of the 1979 and 1988 editions of
the Uniform Fire Code. (Exhibit D)
On September 28, 1990, a NOTICE OF FIRE HAZARD and ORDER TO ABATE was
sent to Mr. Sitter by registered mail. (Exhibit E)
01
APPROVED:
THOMAS A. PETERSON
City Manager
M
Uniform Fire Code nppeal -
J.J.S. Warehouse
December 19, 1990
Page Two
On October 26, 1990, a NOTICE OF APPEAL was received from Mr. Sitter
(Exhibit F) .
A review of the documents found in the business file revealed that on
April 17, 1985 a Certificate of Inspection was issued by Fire Marshal
Stan Rall requiring that flammable liquid storage shall be in the
inside liquid storage and handling room. (Exhibit G) In addition,
fire sprinkler plans show a small area of the storage warehouse that
was designed to protect flammable liquids outside of the storage and
handling room. (Exhibit H) This extra -hazard protection provided for
a maximum quantity of 120 gallons of Class 1-B flammable liquids in
areas open to the public, This information is consistant with the
findings of Fire Marshal Steven Raddigan as they relate to the
application of the 1979 edition 9f the Uniform Fire Code.
Larry Hughes
Fire Chief
Prepared by Steven Raddigan, Fire Marshal
CC -3
: EXHIBIT A
CITY OF LODI
FIRE DEPARTMENT
RAE PREVENTION BUREAU
210 WEST ELM STREET
LODI. CALIFORNIA 95240
(203) 3336739
July 31, 1989
J. J. S. Warehouse
Attn: Anton N. Sitter
23 Maxwell Street, #rC
Lodi, CA 95240
Dear Mr. Sitter:
RE: FIRE INSPECTIOS - 23 MAX1+ELl, 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 ordinznces.
I have a serious concern about the quantity of flammable liquids
stored outsi.!e of the storage roam. 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 roots
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 flammzble 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
111-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 111-A liquids, or 240 gallons in any combination
of Class I and Class IT liquids subject to the
limitations of the individual class.
FI23MAXW
J. 3. 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 accessible to the public, Class
T, II and 111—Aliguids shall not he 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 combustibie 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 chat 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 zi,ust 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 w i 11 be
conducted on or about that date.
If you have any questions, please contact me.
Sincerely in service,
,ter �C��•,-- �ca�c.Lru cr�
Steven RaddigarV'
Fire. Marshal
SR/lm
cc: Don Linn
Western Fire Chiefs Association, Inc.
OrganizedSeptember 30,1891
53W SOUTH WORKMAMMiLL ROAD • WHrMER, CALIFORM 90601 • (213) 6".0124
January 22, 1990
EXHIBIT B
Mr. Steven Paddigan
Fire *4arshhal
City of Lodi
Fire Department
Fire Pr ventia:t Bureau .
210 West Mm Street
Lodi, California 95240
Subject: Section 79.201 (e)ii
Uniform Fire code, 1985 Edition
Dear Mr. Raddigan:
Your letter of Dec:e *r 15, 1989 has been forwarded to me for response.
Your questions and our answers are as follows:
Q1: 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 12o
gallons of Class I -B Outside of storage roams or to permit the
1,200 gallons outside of storage roam?
A1: 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 foraula
are actual densities over the area used for storage of flammable
and ccai0xa:.tiUle liquids and om*icluous aisles Quantities are not
determined my averaging over the gross floor area. Additionally,
the of Section 79.201 (f) apply.
Q2: If the greater ----44- of 1,200 gallons of Class I -B is Permitted
n,e B lof dingst odea would the biding be required
�Y: to meet
the Building Code requirement for an ip H oocu
A2: No, when in oatpliance with provisions set forth in Al.
A Division cf the International Association cf Fire Chiefs
D
E
Mr. Steven Raddigan
January 30,, 1990
Page 2
03: In using the square footage formula, and having an area of 150
square feet, the fonula provides for 300 gallons of: Class I -B.
if sheaving is used, can 300 gallons be placed 'on"each shelf?
A3: No. The density method uses the gross quantity of liquid aver the
actual, storage area, and cot*Aguous 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. s
For yo= informaticn, revisions to the requirements for the storage of
flamtaable and o ble 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 Yom,
-Y'����
ARaymond Bizal
Staff Mgineer, Codes
RB:ec
�'. EXHIBIT C
e.
CITY OF ..LODI
FIRE DEPARTMENT
FIRE PRMMION BUREAU
2101NEST ELM STREET
LODI, CAUFORNtA 95240
(2D9) 3;i34M
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 Fi.re.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 requiremeqts 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.
h
J.J.S. Warehoust
September 12, 1989
Page 2
A review of building pla-las 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 3318.
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. You could not be a general purpose warehouse by building
construction and area limitations, and you uere 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
111- Aliquids, or 120 gallons of Class I -B, 180 gallons
of Class. I- C, 240 gallons of Class II or 660 gallons of
Class 111- Aliquids, or 240 gallons in any combination
of Class I and Class II liquids subject to the
limitations of the individual class.
J.J.S. Warehou
September 12, 1989
Page 3
The storage of Class I- A flammable l i q i d s i n 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 mahner 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 III -A liauids shall not be stored in the same
pile or rack section as ordinary combustible
commodities except when thev are nackaeed toLyether 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 duting our meeting on
August 11, 1989, I provide the following:
1. 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 room 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.
J.J.S. Warehouse:-
September
arehouseSeptember 12, 1989
Page 4
4. I 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
EXHIBIT D
CITY OF LODI
FIRE DEPARTMENT
FIRE PREVENTION BUREAU
217 WEST ELM STREET
LODI, CALIFORNIA 95240
(209) 3336739
September 28, 1990
Mr. Anton N. Sitter
J.J.S. Warehouse
23 Maxwell Street #C
Lodi, CA 95240
Dear N4r. Sitter:
RE: FIRE INSPECTION — 23 1IAX14ELL STREET, LODI
On September 27, 1990, I met with you and your son in your office
to discuss the flammable liquid storage requirements. A t that
time, you submitted a rack storage configuration and requested
that I determine the maxinum 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.
231IAX
23 Maxwell S t .
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: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.
6. Heating shall be restricted.
7. Explosion venting shall be provided.
8. Exits shall be in accordance with the building code.
Storage is limited to the following:
1. A quantity of 5000 gallons would be permitted in rooms
of two-hour construction having a maximum area of 500
square feet and provided with an autonatic 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 hazzrdous
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 i n 1985, a
notice was issued requiring flammable liquids to be in the inside
storage and handling room.
23 Maxwell S t .
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 111-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.
23 Maxwell S t .
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. Lacking 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 maxisnum quantity of flammable liquids shall
be 3648 gallons. At this time, I considered
all liquids to 5e Class 1-B. I w i 11 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 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—
Aliquids shall not
be
stored in
the same vile
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 find this to be acceptable.
I have enclosed a 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,
�,�,�.[.v-ogre/ L✓ j�c.��
Steven W. Raddigan
Fire Marshal
SR/lh
dj L
N JJS WAREHOUSE - 23 Maxwell Street
i
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
EXHIBIT E
CITY OF LODI
FIRE DEPARTMENT
MEPREMMON BUREAU
217 WEST ELM STREET
!.0016 CAU60RNIA 0240
PM 3334M
NOTICE OF FIRE. HAZARD
AND
ORDER TO ABATE
September 28, 1990
Mr. Anton N. Sitter
J.J.S. Warehouse
23 Maxwell St. #C
Lodi, CA 95240
Dear X4r- 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 Ladi 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
On September 24, 1990, the undersigned Fire Marshal caused said
property to be inspected. The following violations were
discovered:
23MAXNOV
23 Maxwell S t.
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 ISI -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
prchibited in basements and limited to 1 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 iiquid 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 stocked more than 3 feet or 2 con, -ainers high,
whichever is greater, unless on fixed sheiving 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 111- A liquids shall not be stored i n 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 SO— gallon capacity are stored more
than three containers high or more than three feet:
high ,
2. Storage is close than three (3) to the nearest
bean, chord, or girder.
3. Ordinary combustible commodities are stored i n the
same rack section as ,flammable liquids,
DETERMINATION
As a result of the forgoing violations, the, undersigned Fire
Harshal has declared that a FIRE HAZARD exists on the property
and has made the following determination:
i. 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 PIunicipal Code, chis
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 Lo
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
irom the decision of the Fire Chief to the City Manager within
thirty days from the date of the decision appealed.
4
23 Maxwell St.
September 28, 1990
Page 4
No person, whether as owner, lessee, sublessee or occupant, shall
use, occupy or maintain any occ ipancy, 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. Raddi at�
S
Fire Marshal
SR/1h
cc: Chief Buflding Inspector
City Attorney
K.D. & R.V. Gamblin
4
EXHIBIT F rt�i
OCT 2 6 1990
City Attomey's Office
NOTICE OF APPEAL
Thomas A. Peterson
City Manager
City of Lodi
City Hall
2.21 'nest Pine Street
Lodi, California ,95240
Re: 23 Maxwell Street, Lodi, California
Dear S i r' :
The undersigned, Anton N. Sitter, owner of J.J.S.
Yarehouse 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
ANTON N. SITTER
cc: Robert McNatt, City Attorney
Fire Chief
EX IT
�i=iRE DEPARTMENT �'�
W. Elm Sireet CERTIFICATE OF INSPECTION
Lodi; CA 95240
(209i.36-3-2737,
+'C�'t`•.ty f i.� lis`. `�:'.�; :° �: �s;%':
Firm Name •�•' +rAddress' .3 S�.
0wneirA" 'i" r Address
Insurer Address
Occupancy' 14. 1 Reinspection - --�-
Initial/data
Code Ref.
. - e. Con�ptiance Re-gDuired For items Below
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periods is a violation of the
Inspector
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4
NOTICE OF CJONIINUFD PUBLIC HEARNG
TO CONSIDER THE APPEAL OF J. J. S. MARHME
TO THE NOTICE OF FTRE HAZARD AND ORDER TO ABATE
ISSUED BY THE L OD I FIRE D TAFMVIENT ON SE IEE BFFR 28, 1990
NOTICE I S HEREBY GIVEN t h a t an Wednesday, December 19, 1990 a t the hour
of 7:30 p.m., or as soon thereafter as the matter may be heard, the Lodi
City Council will conduct a public hearing to consider the appeal of
J. J. S, Warehouse to the Notice of Fire Hazard and Order to Abate issued
by the Lodi Fire Department on September 28, 1990.
Information regarding this matter may be obtained in the office of
the City Clerk. All interested persons are invited to present their views.
Written statements stay be filed with the City Clerk at any time prior to the
hearing scheduled herein and oral statements may be made at said hearing.
If you challenge the subject matter in court you may he limited to
raising only those issues you or someone else raised at the public hearing
described in this notice cr in written correspondence delivered to the
City Clerk at, or prior to, the public hearing.
Dated: November 28, 1990
By Order of the Lodi City Council
A y
Alice M Reimche
City Clerk