HomeMy WebLinkAboutMINUTES Estes Park Board of Appeals 2015-09-03RECORD OF PROCEEDINGS
Estes Park Board of Appeals 1
September 3, 2015
Board Room, Estes Park Town Hall
Commission: Brad Klein, John Spooner, Joe Calvin, Don Darling, Tony Schiaffo
Attending: Chair Spooner, Members Klein, Calvin, Darling
Also Attending: Chief Building Official Will Birchfield, Building Inspector Claude Traufield, Senior
Building Permit Technician Charlie Phillips, Recording Secretary Karen
Thompson, Fire Marshall Marc Robinson
Absent: Member Schiaffo
The following minutes reflect the order of the agenda and not necessarily the chronological sequence.
There were no members of the public in the audience.
CONSENT AGENDA
Minutes from August 6, 2015 Board of Appeals meeting.
It was moved and seconded (Darling/Klein) to approve the minutes as presented and the motion
passed unanimously with one absent.
2015 INTERNATIONAL FIRE CODE (IFC)
Chair Spooner stated today’s meeting is a review of the International Fire Code. Significant Changes to
the 2012 and 2015 Codes will be discussed.
Estes Valley Fire Protection District Fire Marshall (FM) Marc Robinson led the discussion. Currently,
the 2009 IFC is adopted. The EVFPD adopted the code, then brought it to the elected officials within
the Town to adopt the code. The Fire Code encompasses anything regulated, except for one- and
two-family dwellings, or anything reviewed by the Town or County in the International Residential
Code (IRC). Access and water supply, open fire, fire pits, and things of that nature sometimes cross
over with the IFC in the IRC. He stated the EVFPD skipped over the 2012 IFC, aligning with the Town’s
decision to skip the 2012 Codes.
FM Robinson stated the significant changes to the 2012 IFC will also apply to the 2015 adoption. FM
Robinson stated the Fire District Board has had three meetings to discuss the IFC. The Fire District has
its own Board of Appeals. If a property/business owner wants to appeal a decision of the Fire
Marshall, they can take it to the EVFPD Board of Appeals, which consists of three of the Board
members. One section that has always been in the code (104.9 Alternative Means and Methods) gives
contactors, developers, and property owners the ability to modify the code with an alternative means
or method. As long as it is meeting equal or better than fire safety requirements, it could be approved.
FM Robinson stated the IFC must be brought to the Estes Park Board of Appeals in order to provide a
recommendation to the elected officials concerning this code. CBO Birchfield clarified the IFC is part of
the International Codes, adopted as a whole, and includes the Fire Code and the National Electrical
Code (NEC). The NEC is adopted by the elected officials, and the Town authorizes the State Electrical
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Inspector to administer the code. Through a resolution, the Town Board would adopt the IFC and give
authorization to the EVFPD to administer the code. The Town is the governing body for all the codes,
and the Fire District Board supports the proposed local amendments to the IFC. He stated the Fire
Board is not proposing to adopt Appendix D.
2012 Significant Changes to the IFC
Traffic Calming Devices. Traffic calming devices are prohibited unless approved by the fire code
official. If a developer or land owner (commercial) wants to put traffic calming devices in their
development, the fire code official has to approve the plans. Any devices must still allow emergency
vehicle access.
Newly Introduced Textile Wall and Ceiling Coverings. There are new guidelines for finishing on walls
and ceilings. This significant change will give the fire district the ability to use a standard to make sure
the product is compliant with smoke and heat release rates. The data sheets would show the criteria
for fire safety.
Artificial Vegetation. This is a modification stating artificial decorative vegetation items shall be tested
in accordance with NFPA 289, using the 20 kW ignition source, and shall have a maximum heat release
rate of 100 kW. This would be similar to tents, which have a flame rating. Gives change provides more
clarity concerning the design standards for artificial vegetation. Items like this are coming into the
codes because our built environment has much more plastic than it did 30 years ago.
Ambulatory Care Facilities. FM Robinson stated this change is in both the Fire Code and the Building
Code. He will work with CBO Birchfield to ensure alignment of these sections. In buildings where care
is provided on levels other than the level of exit discharge, an automatic sprinkler system shall be
installed on the entire floor where care is provided as well as all floors below, and all floors between
the level of care and the closest level of exit discharge, including the level of exit discharge. The
hospital would be affected by this change, where people may not be able to exit the building without
assistance.
Furniture Storage and Display in Group F-1, M and S-1 Occupancies. FM Robinson stated these code
provisions came into play following fires where several firefighters died. This pertains to furniture
storage or retail mercantile facilities and upholstered furniture manufacturers. F-1 occupancy ratings
are used in buildings exceeding 2,500 square feet that are used for the manufacture of upholstered
furniture or mattresses. Sprinklers would be required in these buildings. Group M occupancy ratings
used in buildings exceeding 5,000 square feet that are used for the display and sale of upholstered
furniture or mattresses. FM Robinson stated this is for new construction or change of use occupancies.
Group S-1 occupancy is used for the storage of upholstered furniture or mattresses in buildings
exceeding 2,500 square feet. This change is needed because the materials used for furniture has
changed to include more foam, which is more difficult to extinguish. FM Robinson stated the IFC and
the IBC are in alignment on this topic.
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Basements. FM Robinson stated this provision discusses situations where firefighters have to fight
fires in basements. Where walls, partitions or other obstructions are installed that restrict the
application of water from hose streams, the basement shall be equipped throughout with an
approved automatic sprinkler system. This pertains to commercial structures only. This could come
into play in commercial buildings that have done work in basements without permits. The stairwells
act like a chimney and are hotter and riskier for firefighters.
Where Required. FM Robinson stated this section deals with smoke alarm installation and
maintenance. Group R occupancies are apartment complexes. The exceptions follow better practice as
to where smoke alarms should be located. Some requirements are retroactive.
Special Occupancies and Operations (Part 4). FM Robinson explained these sections of the IFC are
very specific for aviation, dry cleaners, combustible dust producing operations, motor fuel dispensing
operations, etc. There are no significant changes in this part that apply to Estes Park at this time.
LP-Gas Cylinder Exchange for Resale. Industry is getting savvier about how they are able to sell
propane cylinders electronically. Some municipalities have automated propane exchanges. In this
case, the Code is now catching up to the gas industry, which has had safety processes in place for
many years. Automated systems are designed that customers swipe their card, open the cage, pull out
new one and put in used one, close the door and it locks. FM Robinson stated this significant change
gives the code official standards to follow. This type of propane exchange would require a permit
issued by the Fire Department, and would include inspections.
2015 Significant Changes to the IFC
Solar Photovoltaic Power Systems. FM Robinson stated several property owners in Estes Park have
applied for solar panels. This code change pertains to multi-family and commercial structures. FM
Robinson stated solar panels can be dangerous for firefighters when firemen need to get on the roof
to ventilate a fire. The 2012 code for solar panels was very restrictive and there were many problems
for the solar panel industry associated with those restrictions. The 2015 code is an attempt to reach
an agreement between the solar associations and the fire departments. In certain situations, the code
now requires walkways and heat vents to afford firefighter safety while allowing a very large area for
solar panels. The code now authorizes the Fire Chief to waive all the requirements if there is no way to
get vertical ventilation during a fire (topographical challenges) At the same time, firefighters will not
be attempting to get roof ventilation if there are solar panels present, due to dangers involved
(collapse, electrical concerns, etc.). A requirement for solar panels in the EVFPD is a label at the main
disconnect so firefighters know solar panels are present and not to get on the roof. Solar systems can
hold energy up to two hours after being disconnected. In conclusion, this code revision allows access
to the roof, if needed.
Fire Sprinklers in Group A Occupancies. FM Robinson stated this change was discussed with the
Significant Changes to the IBC. Group A is assembly. If the fire area is sprinklered, the sprinkler must
continue to the exit discharge. This is to ensure occupants are protected all the way to the exit.
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Assembly Occupancies on Roofs. FM Robinson stated sprinkler systems must be carried all the way to
the exit discharge. Where an occupied roof has an assembly occupancy with an occupant load
exceeding 100 for Group A-1, and 300 for other Group A occupancies, all floors between the occupied
roof and the level of exit discharge shall be equipped with an automatic sprinkler system in
accordance with Section 903.3.1.1 or 903.3.1.2.
Multiple Group A Fire Areas. FM Robinson stated this change states if you hit certain triggers
pertaining to occupancy, you will have to sprinkle the entire building.
NFPA 13R Sprinkler Systems – Open-Ended Corridors (Breezeways). An Open-Ended Corridor is
defined as an interior corridor that is open on each end, and connects to an exterior stairway or ramp
at each end with no intervening doors or separation from the corridor. Sprinkler protection shall be
provided in open-ended corridors and associated exterior stairways and ramps as specified in Section
1027.6, Exception 3. This means occupants have to be continually protected throughout the means of
egress. FM Robinson stated in Estes Park, new buildings seem to be staying away from open ended
corridors.
Domestic Cooking Systems in Group I-2 condition 1 Occupancies. FM Robinson stated the new trend is
to make kitchens in assisted living facilities closer to living spaces in order to engage the residents in
the cooking process. This significant changes requires these types of kitchens to have a domestic
cooking hood equipped with an automatic fire-extinguishing system of a type recognized for
protection of domestic cooking equipment. FM Robinson stated the Code is keeping up with the new
demand. The UL 300A is the new label for a residential cooking hood. This is a commercial system in a
residential setting; a self-contained unit that includes fire suppression chemicals. Kitchen fires are the
number one cause of residential fires.
Carbon Monoxide Detection. FM Robinson stated the Code is catching up with the state on this
change. The IFC regulation ensures CO detectors are outside each bedroom. The state of Colorado
law requires CO detectors a maximum of 15 feet from any sleeping unit. The IFC states one CO
detector outside every bedroom. FM Robinson stated this code change will make it easier for the Fire
Department to keep residents and visitors safe. He stated the Fire Department excludes one- and two-
family dwellings from this requirement. CBO Birchfield stated there is a local amendment in the IRC
and the IBC to enforce CO detectors in residential buildings (as required by the state). There was
discussion among the Board and staff concerning adding an amendment to the Property Maintenance
Code as a local amendment. Other comments included but were not limited to: EVFPD is working on
hiring a public education officer; CO detectors and smoke alarms that are hardwired are only good for
8-10 years; hard-wired detection systems are wired so if one activates, they all activate; CO detectors
installation instructions are very specific about where the detectors should be located.
Means of Egress. FM Robinson stated this change is mirrored in the IBC and the IFC. The fire district
and Town are working together to make sure there aren’t any conflicts between Town codes and fire
district areas. Chapter 10 of the IFC has been revamped to make it flow better and is easier to
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comprehend. The Town has current local amendments to Chapter 10, and the Fire district will have
the same amendments.
Manual Fire Alarm systems in Existing Group R-2 Occupancies. FM Robinson stated these changes are
retroactive. Currently, when the fire district, town, and county adopted the 2009 IFC, the section for
retroactive requirements was postponed until 2016. These retroactive requirements will apply to
buildings that have shown a history of problems, where the fire code has added retroactive provisions
for alarms in these buildings. Most issues deal with egress and elevators. The main body that affects
Estes are the retroactive requirements for alarms. With the 2015 code being adopted in early 2016,
these retroactive requirements will become effective. The retroactive requirements would be
identified during an annual inspection. Once identified, the property owner would be notified in
writing and would have conversation with the EVFPD to agree on a deadline for the improvements.
The property owner would be provided time to do due diligence on the issue. The intent of the fire
district is to work with the property owner, not against them. FM Robinson reiterated this code
provision went in effect in 2009, with the 2016 requirement date, which was a well thought-out
decision. The fire district has done public education to the Estes Area Lodging Association so remind
them of the deadline. He has identified approximately 14 structures that will be needing a system, and
has personally provided information to those property owners. CBO Birchfield added the fire code was
adopted for the first time in 2011. What has changed is these provisions are now in the fire code and
not in the building code (except where they overlap). The fire district chose to put these provisions on
hold until 2016. He explained this is a place where the fire code is different than the building code.
The Division of Building Safety has to comply with the fire code. Any appeals for this section would
have to go to the Fire District Board of Appeals.
Concerning the significant change for manual fire alarm systems, FM Robinson explained this is the
type of system where a person physically sets off the alarm by pushing a “box.” This type of alarm
would be required on existing hotels and motels if they are more than three stories or have more than
20 sleeping units in one building. He stated there are less than ten structures in the district with more
than 20 sleeping units in one building without individual exits from each unit. The code provision
works with the owner to ensure compliance. There are five or six structures in town that have more
than 21 units with interior corridors, which require smoke alarms. To date, he has not had any
negative responses from property owners concerning this retroactive provision. FM Robinson will be
doing additional public outreach for education of this provision. He reiterated he is not here to hurt
development, but to make it safe and to work with the owners and get the job done. Some apartment
complexes will be affected as there is a 16-unit maximum before the new provisions kick in. Many
buildings in Estes are fairly small and exit to the exterior.
FM Robinson stated there are other retroactive requirements, including Egress. There are retroactive
provisions for widths of doors, etc. Most of the other retroactive changes do not affect Estes Park
(elevators, escalators, large shafts, etc.) He stated three or four local accommodations properties
have already made the changes.
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Enforcement. FM Robinson stated once a violation was determined, communication would occur with
the violator and together they would come up with a compliance deadline.
Special Occupancies. As in the 2012 codes, these chapters deal with aviation, industrial facilities,
motor fuel dispensing facilities, distilleries, etc. There are no significant changes in this part that would
affect anything we’re doing now.
Temporary Stage Canopies. FM Robinson stated these are canopies that hold an integrated electrical
and lighting system. These are not small pop-up tents like we have on a regular basis in Bond Park.
These un-engineered temporary stage structures are being expected to support heavy loads, and have
a history of collapsing, causing deaths. The code provisions now require third-party inspections. If we
get any of these in town a building permit would be required (with third-party plans examiners and
inspections). This is now a national standard.
Carbon Dioxide Systems Used in Beverage Dispensing Applications. FM Robinson stated this change
was initiated due to leaking systems in a McDonald’s restaurant. Protection systems are now in place.
This provision is catching up to problems that they have had in the US. The smaller the business, the
smaller the bottle needed. Owners of restaurants and bars can save money by installing a refillable
tank (called a doer). The idea behind a doer is that there is a quick-connection to the outside, and
empty bottles are refilled outside the building. There are a lot of these types of systems in Estes Park.
FM Robinson explained this provision requires carbon dioxide alarm systems for bottles over 100
pounds. This is not a retroactive requirement. Any new restaurants that have the doers will be
required to have the alarm systems. This provision includes ventilation requirements for air turnover.
There was general consensus among the Board to support the adoption of the Fire Code.
REPORTS
None.
There being no further business, the meeting was adjourned at 5:59 p.m.
___________________________________
John Spooner, Chair
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Karen Thompson, Recording Secretary