1996-12-04 BOA MinutesBUILDING AND CONSTRUCTION
BOARD OF APPEALS
MINUTES
DECEMBER 4, 1996
I. CALL TO ORDER
A meeting of the Building and Construction Appeals Board was called to order at 1:12 p.m.
in the La Quinta Civic Center Study Session Room. Director Hartung presided and led the
Pledge of Allegiance.
ROLL CALL:
MEMBERS PRESENT: Wayne Gardner
Dennis Wish (arrived at 1:10 p.m.) l
Jim Hegge
MEMBERS ABSENT: Paul Anderson
Dan Featheringill
STAFF PRESENT: Tom Hartung, Building & Safety Director
Mark Harold, Building & Safety Manager
Dawn Honeywell, City Attorney
Diane Aaker, Senior Secretary
The appellants were not present.
On motion of Wayne Gardner, seconded by Dennis Wish, and carried unanimously, Paul
Anderson and Dan Featheringill were excused.
II. CONFIRMATION OF AGENDA
No changes.
III. PUBLIC COMMENT
No comments.
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IV. CONSENT CALENDAR
A. Approval of Minutes - None
B. Department Report - None
V. PUBLIC HEARING - None
VI. BUSINESS ITEMS
A. Election of Chairperson
On motion of Jim Hegge, seconded by Dennis Wish, and unanimously carried,
Wayne Gardner was elected Chairperson.
B. Appeal of the Decision of the Building Official Not to Approve the Torch at
Sesame Restaurant for Safe Use
City Attorney Honeywell asked that staff give a brief history, including notification
of the appellant.
Director Hartung confirmed that Mark Harold hand delivered the agenda packet to
Mr. Farzaneh on Wednesday, November 27, 1996.
Director Hartung explained that approval of the exterior natural gas burning torch
at Sesame Restaurant was withheld due to lack of sufficient documentation to
verify safe use. Since the Sesame Restaurant torch is the result of the collection
of various components, Director Hartung stated that the Building Department
requested approval by an appropriate testing or listing agency. Director Hartung,
continued that Mr. Farzaneh appealed the decision and would like the torch to be
considered safe.
The Building Department contacted Underwriters Laboratory and ETL Testing
Laboratories. Both agencies prefer on -site testing to determine safe use. There are
concerns with the fire ring, since it is not protected from corrosion, as the Code
requires, and it is not listed for heat producing uses. Director Hartung reiterated that
in speaking with the testing agencies, and what they see on the plans, the torch
may be safe. There is not sufficient evidence to make the determination.
Jim Hegge questioned if the main problem developed when Mr. Farzaneh
completed the installation without a permit or approval by the Building Department.
Mark Harold, Building and Safety Manager, stated that in August Mr. Farzaneh
submitted a design from a licensed fireplace contractor. At that time, Mr. Harold
wrote the following corrections: provide manufacturer specifications for all
components of the torch and UL listing numbers to show use as they were intended.
The contractor called Mr. Harold to report that he would not be able to provide the
needed documents. At that time, Mr. Harold explained to the contractor that without
the documentation the Building and Safety Department would not be able to make
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a safety judgment. In September the torch was burning on the premises. Mr.
Harold contacted the contractor who reported that he was not involved. Mr. Harold
contacted the second contractor and requested UL listing data, showing the ignitor
pilot ring being used as intended. He was given part numbers, without
specifications, which was not enough for approval.
Dennis Wish discussed that the unit is not necessarily the sum of its parts. He
continued that the parts may be UL approved, but when combined for the specific
use of a torch, do not make the torch UL approved.
There was also discussion regarding the burner ring and whether it is intended for
interior or exterior use. A discussion continued regarding questions of the burner
ring material, which appears to be a corrosive metal rather than epoxy or enamel
coated.
There were questions regarding how the Building & Safety Department handles
outside barbeques. Mr. Harold explained that for outside barbeques manufacturer
specifications are required. Director Hartung also noted similar requests for fire
rings, which also require UL listing.
The Board continued to discuss life safety issues and intent of the Uniform
Mechanical Code. City Attorney Honeywell noted Section 302, Approval of
Equipment; and Subsection 302.1 as follows: "Each appliance shall be approved
by the building official for safe use or comply with applicable nationally recognized
standards as evidenced by the listing and label of an approved agency."
The Board discussed approval of the appeal pending the following condition: The
torch must be tested as an entire appliance and accepted by a qualified testing
agency, approved by the Building Official. Jim Hegge questioned the dollar amount
at stake. It was noted that the appellant spent approximately $3,000 and that
testing would be approximately $1,500.
The Board made the following decision:
On motion by Dennis Wish, seconded by Jim Hegge, and carried unanimously, the
Building & Construction Appeals Board approved the appeal of the applicant and
authorized the use of the torch pending the completion of one condition: "The torch
must be tested and accepted by a qualified testing agency, approved by the
Building Official."
City Attorney Honeywell and Chairperson Gardner noted for the record that the
appellant will be properly notified of the Board's decision.
VII. CORRESPONDENCE AND WRITTEN MATERIAL
A. None
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VIII. COMMISSIONER ITEMS
A. None
IX. ADJOURNMENT
It was moved by Chairperson Gardner, seconded by Dennis ' Wish, and carried
unanimously, to adjourn the meeting at 1:55 p.m.
Q2G.. .o
Diane Aaker
Senior Secretary
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