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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. appeahnin 1296.wpd 1 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 appealmin1296.wpd 2 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 appealmin1296.wpci 3 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 appealmin1296.wpd 4