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HomeMy WebLinkAboutMinutes - Minutes - Business Council Committee - Meeting Date: 10/18/2018MINUTES BUSINESS COUNCIL COMMITTEE CITY HALL, CONFERENCE ROOM 2A 5850 WEST GLENDALE AVENUE GLENDALE ARIZONA 85301 THURSDAY, OCTOBER 18, 2018 2:00 PM CALL TO ORDER The meeting was called to order at 2 PM. ROLL CALL Committee members present: Chairperson Councilmember Clark, Yvonne Knaack, Bart Shea, Councilmember Malnar, Dale Adams, Ricardo Toris, and John Crow were present. Committee members absent: Vice Mayor Tolmachoff and David Coble City staff present: Stephen Dudley (Building Safety Official) and Chuck Jenkins (Fire Marshal) CITIZEN COMMENTS After Chairperson Clark called for citizen comments, no citizen comments were not made. APPROVAL OF THE MINUTES Councilmember Malnar moved to approve the August 16, 2018, minutes, and second was made by Mr. Shea. PUBLIC HEARING ITEMS Prior to the review and discussion of code amendments, Chairperson Clark proposed an all -day meeting on Thursday, January 17th, from 9 AM - 5 PM. There were no objections to this suggestion. REVIEW AND DISCUSSION OF PROPOSED FIRE CODE AMENDMENTS Page 2, Section 101.1 Beginning with Page 2, Chairperson Clark asked if there were any comments or changes requested for the original code text. A motion to approve the amendment was made by Ms. Knaack and a second by Councilmember Malnar. All were in favor, and none opposed. Amendment approved. Page 3, Section 105.6.30 Chairperson Clark asked if there were any comments, questions, or changes requested for the original code text. Chairperson Clark asked if the city currently requires permits for food trucks, and why suddenly the city wants to do this. Fire Marshal Jenkins explains that it's not requiring a permit, but rather an inspection. Chairperson Clark moved that the amendment adopts the state language for this amendment, and it is second by Ms. Knaack. All were in favor, and none opposed. Section 109.1 Chairperson Clark asked if there were any comments, questions, or changes requested. Mr. Toris explained that this was the same process, and he was not in favor of deleting the whole section. Instead, he suggested rewording it so that it my read like the building safety code that is similar to this fire code. Many agreed, and Fire Marshal Jenkins discussed that changes weren't initially made in an effort to ensure that the committee retained the ability to make changes. Chairperson Clark moved that this section could simply direct readers to refer to the building code process, and it was second by Mr. Adams. All were in favor, and none opposed. Section 110.4 Chairperson Clark asked if there were any comments, questions, or changes for this amendment. Mr. Shea was concerned because it reads that a violation of this code isn't a code issue, but rather it's a Class 1 Misdemeanor. Fire Marshal Jenkins Explained that if the court agreed with the city that there was a violation, then the attorneys would assess the misdemeanor charge. If there is a violation and if the prosecutor agrees, then they would file the charge and criminally cite the person. Mr. Shea asked for clarification of the final sentence in the amended code text. Fire Marshal Jenkins explained that a new charge could occur daily, but to know for certain would involve asking the prosecutor's office. A few committee members expressed concerns with daily fines. Chairperson Clark suggested that the daily fines need to be better defined. Councilmember Malnar asked about the current process for all the fire code amendments and if the penalty for violations have been changed at all with the new amendments. Fire Marshal Jenkins responded that there were no changes made to the penalties. Ms. Knaack made note of the fact that the penalties are not explicitly stated in the sections, and that could pose issues. Chairperson Clark made a motion to strike the portion of the amendment from "each day" to "separate offense." Motion second by Mr. Crow. All were in favor, and none opposed. Section 112.4 Chairperson Clark asked if there were any comments, questions, or changes for this amendment. Councilmember Malnar confirmed that it matches what is currently in effect. Mr. Shea made a motion to approve the section as amended. A second was made by Councilmember Malnar. All were in favor, and none opposed. Amendment passed. Section 903.2.13 This section is new. Chairperson Clark asked if there were any comments, questions, or changes for this amendment. Councilmember Malnar asked why it is in the code amendments if this section didn't exist before in these codes. Fire Marshal Jenkins explained that was taken out of the administrative policy and implemented into these fire codes. Chairperson Clark asked if any of these amendments apply to new, residential structures. Fire Marshal Jenkins stated that it depends on the section, and then it would depend on the issue in regard to that section. This proposed amendment would not apply to single or dual -family dwellings. Ms. Knaack made a motion to approve this proposed amendment. It was seconded by Councilmember Malnar. All were in favor, and none opposed. Amendment passed. Section 1103.5.3 This section is also new. Chairperson Clark asked for further explanation in regard to the lexicon used in the code. Fire Marshal Jenkins explained that the only change in this code is there must N be a written notification of non-compliance, and the issue must be fixed within 12 months of the notification being delivered. A motion to approve this amendment was made by Councilmember Malnar and a seconded by Ms. Knaack. All were in favor, and none opposed. Amendment passed. Chairperson Clark then made a motion that the red, italicized language should be incorporated in the amendment, and it was second by Mr. Toris. All were in favor, and none opposed. Motion passed. Chapter 16, Article III, Section 16-52 Chairperson Clark asked if there were any comments, questions, or changes for this amendment. Chairperson Clark asked if sprinklers would be required if one were to remodel an existing structure under the current code. This amendment would no longer require existing, remodeled structures to install sprinklers. This is due to the fact that the buildings are already in existence. Councilmember Malnar asked for clarification of the phrase "applicants for annexation." Mr. Toris made a motion to revise the amendment to read as "`property for annexation' or `structures' shall comply with the 2018 International Existing building Code (IEBC)." It was second by Mr. Crow. All were in favor, and none opposed. Motion passed. Mr. Crow made mention that this pending language is placing a hold on economic development. Mr. Crow asked if there was any way to expedite this change in this amendment, and therefore, propel the economic development. It was confirmed that once these proposed amendments are approved by the committee, economic development can move forward. Chapter 16, Article III, Section 16-53 Chairperson Clark asked for an explanation of the changes in this section. Chairperson Clark also asked for clarification of "group U", and Fire Marshal Jenkins explains that group "U" occupancy class signifies the "unknown." Fire Chief Garrison discusses that certain areas, such as basements, require sprinklers due to the potential issues with firefighters' access to basements. Mr. Shea made a motion approve the amendment. It was second by Councilmember Malnar. All were in favor, and none opposed. Amendment passed. _REVIEW AND DISCUSSION OF PROPOSED BUILDING CODE AMENDMENTS Pages 29, 30, and 32 were tabled in the last meeting. Pages 33 and 37 were meant to be revisited. Page 29, Section 903.2 Chairperson Clark asked if there were any comments, questions, or changes for this amendment. None were introduced, so Mr. Shea made a motion to approve as amended. A second was made by Ms. Knaack. All were in favor, none were opposed, and the amendment was approved. Page 30, Section 903.3.1.1.1 Chairperson Clark asked if there were any comments, questions, or changes for this amendment. Mr. Dudley explained that this was tabled to examine the fire code amendments before deciding whether or not to delete this amendment. A motion to approve was made by Councilmember Malnar. A second was made by Mr. Shea. All were in favor, none were opposed, and the motion to delete this amendment was approved. Page 32, Section 1013.5 3 Chairperson Clark asked for further explanation on this section. Mr. Dudley explains the different types of exit signs which this section would pertain to, and the photoluminescent (glow - in -the -dark) lights should not be allowed for exit signs. They are currently approved in the code as written, but Mr. Dudley deems them unsafe. There was further deliberation between city staff and committee members about whether or not photoluminescent lighting should be permitted. Ultimately, a motion was made by Ms. Knaack to remove the "photoluminescent" language by removing the amendment. A second was made by Councilmember Malnar. All were in favor, none were opposed, and the motion to delete this amendment was approved. Page 33, Section 1102.1 Chairperson Clark asked if there were any comments, questions, or changes for this amendment. Mr. Dudley suggested to strike this amendment and leave the code as written because the current code is superior in comparison to the federal code. After further clarification about the code, Councilmember Malnar made a motion to delete the amendment. A second was made by Mr. Shea. All were in favor, none were opposed, and the amendment deletion was approved. Page 37, Section 1704.3 Chairperson Clark asked if there were any comments, questions, or changes for this amendment. Mr. Dudley explained the reason for this amendment and proposed that the amendment be deleted. No further discussion was necessary, so Mr. Adams made a motion to delete the amendment. A second was made by Ms. Knaack. All were in favor, none were opposed, and the amendment deletion was approved. Page 40, Section 1809.4 Chairperson Clark asked if there were any comments, questions, or changes for this amendment. Councilmember Malnar expressed concern about this section code versus the national code. Mr. Dudley stated that this is a common code in valley cities. Mr. Shea was wondering about the redundancy of this section of the code. Mr. Shea then requested that the change in the minimum underground footing must be 18" unless otherwise recommended based on a soil report. Councilmember Malnar made a motion to add to the amendment. A second was made by Mr. Shea. All were in favor, none were opposed, and the amendment change was approved. Page 45, Section 3109 Chairperson Clark asked for further explanation for why the city of Glendale doesn't adopt the International Swimming Pool and Spa (ISPS) code. The main difference between ISPS code and Glendale's city code is the swimming pool fence height requirement. ISPS requires 48", and Glendale requires 60". Mr. Dudley discussed the difference in the primary and secondary barriers from the pool. There was discussion about the purpose of further restriction in comparison to the national standards. Councilmember Malnar made a motion to approve the amendment. A second was made by Mr. Adams. All were in favor, none were opposed, and the amendment was approved. Page 48, Section 305.4.4.2 Chairperson Clark asked if there were any comments, questions, or changes for this amendment. Mr. Shea asked about the changes in toilet room accessibility. This amendment was made to make this code ADA compliant. This code is provided to make the existing building code 0 consistent with the federal standard. Chairperson Clark found the amendment unnecessary, and Chairperson Clark made a motion to not amend. A second was made by Councilmember Malnal' All were in favor but one, Mr. Dudley, who opposed. Amendment removed. Page 54, Section 305.4.1 Chairperson Clark asked for clarification of the frequency of this code being addressed, and then if there were any comments, questions, or changes for this amendment. A motion to approve was made by Councilmember Malnar. A second was made by Mr. Shea. All were in favor, none were opposed, and the motion to delete this amendment was approved. Page 59, Chapter 7 Chairperson Clark asked if there were any comments, questions, or changes for this amendment. A motion to approve was made by Mr. Coble. A second was made by Mr. Shea. All were in favor, and none were opposed. Amendment approved. Page 62, Section 903.1 Chairperson Clark asked if there were any comments, questions, or changes for this amendment. A motion to approve was made by Councilmember Malnar. A second was made by Ms. Knaack, All were in favor, and none were opposed. Amendment approved. Page 68, Section 90.2(a)(6) Chairperson Clark asked if there were any comments, questions, or changes for this amendment. Mr. Shea asserted that the current amendment reads as if there is little to no ambiguity in the code. Mr. Dudley explained that the purpose of the amendment is to define when special inspection is required for electrical systems. After further discussion, Chairperson Clark suggested that Mr. Dudley speaks with his electrician on the matter prior to the November meeting; that way, the committee can plan on beginning that meeting on page 68. OTHER BUSINESS No other business was discussed during this meeting. Mr. McAllen wanted to follow up with the staff report. Mr. McAllen invited the committee to a hockey event on Saturday, December 1 st. STAFF REPORT Fire Marshall (Chuck Jenkins) talked to the prosecutor and city attorney's office to see if the ordinance piece could be removed by the committee, and they both said it could be done, but it would weaken the code. Ultimately a judge would be the one to assess if there are valid penalties. Chairperson Clark makes motion to remove the reference to the daily penalties. Second was made by Councilmember Malnar. COMMITTEE COMMENTS AND SUGGESTIONS No other business, committee comments, or suggestions were made. NEXT MEETING The next meeting will take place November 15th at 2 PM. ADJOURNMENT »n With no further business, Chairperson Clark made a motion to adjourn the meeting. The meeting was adjourned at approximately 3:55 PM. Sherry Crapser, Recording Secretary