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HomeMy WebLinkAboutAgenda Report - March 20, 1991 (61)OF ' , CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Public Hearing. Appeal of Fire Code Requirements for J.J.S_ Warehouse. MEETING DATE: March 20, 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 this date pending a meeting between the appellant, Mr. Anton Sitter, and the Fire Department. After several attempts to find mutually acceptable meeting dates, we were able to meet on March 4, 1991. At this meeting Mr. Sitter, his son, his attorney, the Fire Marshal and I discussed the interpretation of the 1979 and 1988 Editions of the Uniform Fire Codes, and how each would or would not apply to J.J.S. Warehouse. I have forwarded a letter to Mr. Sitter in which I have spelled out our interpretation of the code requirements and have attempted to put the requirements in language which will delete misinterpretations and will reflect our conversation and verbal agreements we reached during our meeting. A copy of that letter is included as part of this agenda item. In that letter I have notified Mr. Sitter that we will allow him six (6) additional months to comply with these requirements. This time frame was requested by him and is necessary due to the large amount of inventory which must be relocated within the warehouse. I have also asked Mr Sitter to notify the City Manager if he wishes to continue his appeal. He called me on March B, 1991 and indicated that he would be out of town and would be unable to contact the City Manager by March 12, 1991 as I had requested. Due to this fact we will not have an indication of what his choice is until after the deadline for Council agenda information. We will know by the time that we come to the Council meeting what Mr. Sitters decision is, and will inform you of that during the time for the public hearing. If he chooses to meet the requirements of the code within six (6) months we will monitor his progress and ensure that the requirements are met. APPROVED: THOMAS A. PETERSON Cfty Manager CC -1 ,� OF CITY OF LODI COUNCIL COMMUNICATION APPROVED: THOMAS A. PETERSON City Manager J • fire Departmept 310 'Pest Elm Street Lodi, California 95340 209/333-6735 Larry F. Hughes IFIft cekr February 6, 1991 Mr. Anton N. Sitter J.J.S. Warehouse 23 Maxwell Street, #C Lodi, CA. 95240 Dear Mr. Sitter: Management Team 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 1968 Edition of the Uniform Fire Code. QUANTITY OF FLAMMABLE LIQUID TO BE STORED: Robert Gorbet Larry Lorenz Stere Raddlgan Gary Duck Ken Morgan Frank Ortiz 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 22, 1990. They are as follows: a. Containers under 30 gallons capacity shall not be 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 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 a kit. (This is why we required that c�:'nbustibles 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 provide you with the maximum. amount of Class I -H, 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 up to the requirements of the 1979 code. However, if you choose to do so, we wi•11 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 six (6) months to comply with the requirements of the code (1979 or 1968). 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 1 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; Carry F. Hughes .Fire Chief cc: Tom Peterson, City Manager Steve Raddigan, Fire Marshal Herb Horstmann, Attorney File. JJS/1 • Management Team TireDepartulept Robert Gorbet DHuglhes Larry Lorenz X10 West Elm Street S""Gary IhuckLodi, California 95240 Ken Morgan X09/333-6735Frar,x o�!LarryF. March.12, 1991 Mr Anton N. Sitter J.J.S..Warehouse 23 Maxwell St. #C Lodi, CA. 95240 Dear Mr. Sitter, Your appeal of our application of the Uniform Fire Code was continued by the.City council at its regular meeting of December. 19, 1991 until its regular meeting of March 20, 1991. The item has been placed on the City Council agenda under.Public'Hearings and.you should be present to speak on your behalf if you wish to.continue your appeal. As noted in my letter to you dated February 6, 1991 (should have been March 6, 1991 as indicated on the enclosed copy) you can choose to continue with your appeal or you can proceed with compliance of those items listed in that letter during the next six months. I would appreciate your letting us know what you wish to do prior to the City Council meeting of March 20, 1991. I.have enclosed a copy of,the materials which I have placed in the City Council package for the March 20th meeting. Sincerely, Larry F. Hughes Fire Chief cc: Tom Peterson, City Manager Steve Raddigan, Fire Marshal Herb Horstmann, Attorney for Anton Sitter File. DECLARATION 3F MAILING On January 3, 1991 in the City of Lodi, San Joaquin County, California, 1 deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 2, 1991, at Lodi, California. Alice M. Reimche City Clerk 1� nni er Perrin eputy My Clerk DEC/O1 TXTA.FRM r NOTICE OF CONTINUED 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 NOTICE IS HEREBY GIVEN that on Wednesday, March 20, 1991 at 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 may 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 be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. Dated: December 19, 1990 By Order of the Lodi City Council Alice M. Reimche City Clerk J. J. S. Warehouse 23 Maxwell Street Lodi, CA 95240 Police Chief Floyd Williams FIRE HAZARD AND ORDER TO ABATE APPEAL MAILING LIST EXHIBIT B Hertz, Adams, Horstmann 6 Funke Attention: Herb Horstmann 111 W. Pine Street Lodi, CA 95240 DECLARATION OF MAILING On March 25, 1991 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on March 25, 1991, at Lodi, California. Alice M. Reimche City Clerk ni ererrin puty CiM Clerk DEC/O1 TXTA.FRM CITY OF LODI CARNEGIE FORUM 305 Nest Pine Street, Lodi E OF PUBLIC HEARING Date: April 17, 1991 Time: 7:30 p.m. For information regarding this Public Hearing Please Contact: Alice M. Reimche City Clerk Telephone: 333-6702 NOTICE OF PUBLIC HEARING April 17, 1991 NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of 7:30 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing to consider the following matter: a) Continued public hearing to April 17, 1991 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 All interested persons are invited to present their views and comments on this matter. Written statements may 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 be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the Public Hearing. By Order Of the Lodi City Council: ilk Alice M. Reimche City Clerk Dated: March 20, 1991 V aso for Hobby W. McNatt City Attorney J. J. S. Warehouse 23 Maxwell Lodi, CA 95240 J. J. S. WAREHOUSE NOTICE OF FIRE HAZARD MAILING LIST EXHIBIT B Hertz, Adams, Horstmann & Funke Attention: Herb Horstmann 111 W. Pine Street Lodi, CA 95240