Loading...
Construction Board of Adjustment Minutes - 06/13/2022 MINUTES CONSTRUCTION BOARD OF ADJUSTMENT June 13, 2022 PRESENT: James Cox ♦Member Michael Grassi ♦Member David Hartwell •Member Anthony Inman •vice-Chair Pete Johnson • Member Allen Moore • Member Gary Oatman • Member Luke Oechsner • Member Ripley Tate •Member Tanner Wachsman • Member Councilor Browning •Council Liaison Kinley Hegglund, City Attorney •City Staff Paul Menzies, Assistant City Manager ♦ Terry Floyd, Development Services Director ♦ Ricky Horton, Interim Chief Building Official • Ken Prillaman, Fire Chief ♦ Cody Melton, Fire Marshal ♦ Brad Scates, Assistant Building Official • Samantha Blair, Environmental Health Administrator ♦ Christal Ashcraft, Development Services Assistant • ABSENT: Leo Lane • Chairman Doug Marchand •Member Johnny Ozee •Member I. CALL TO ORDER The meeting was called to order by Mr. Anthony Inman, vice-chairman of the board at 3:00 p.m. III. PUBLIC COMMENTS Vice-Chairman Inman asked if there were any comments from the public. With no response, Mr. Inman closed public comments. IV. APPROVAL OF MINUTES Mr. Allen Moore made a motion to accept the March 23rd 2022 minutes. Mr. Luke Oechsner seconded, motion passed 10-0. VII. REGULAR AGENDA A. Discussion of the 2021 International Fire Code (IFC) Construction Board of Adjustments 2 June 13, 2022 Fire Chief, Ken Prillaman, thanked the Board for their time and stated his presentation would be for educational purposes only and there would be no vote to adopt. Chief Prillaman stated he wanted to provide some insight on how the code process worked for the entire family of codes. He stated it was a government consensus process where all changes were voted on by International Council Code (ICC) members, which consisted of 15,362 government employees and 55,549 from the private sector. Making this process possibly the most transparent in all government. The international Fire Code (IFC) applies almost exclusively to commercial buildings. Code changes are made to address one or more, of four specific issues and works hand-in-hand with the International Building Code (IBC) to address bonafide safety issues. One change is of a safety issue, dealing with employee communication abilities while on a call. At times, due to the amount of steel and/or concrete in a structure, the ability for fireman to communicate is hindered, creating a safety issue. The new code also increases the required amount of light to exit signs in a stairwell which are most frequently used to evacuate people in an emergency situation. Chief Prillaman also stated there was corrections made to the 2021 IFC for clarity as well as updating vehicle reference to include electric cars. Chief Prillaman advised the 2021 IFC also expanded and updated various quantity limits in charts as well as cleaned up code conflicts. One example given, the 2015 IFC would require the Red River Hospital to do fire alarm testing, 4 times a year, for all 3 shifts, requiring all occupants to exit the building into the street. The 2021 IFC still has those same requirements, only the employees are required to exit the building, therefore, not having to evacuate patients. In an effort to provide design and compliance information for new and emerging risks, processes and technology, the 2021 IFC now has information on; food trucks; THC processing facilities; on-demand mobile fueling and 3D printing operations. Chief Prillaman advised the Board that Texas State law allows jurisdictions to add, delete and/or modify code provisions. Chief Prillaman stated he and staff strongly recommend and believe the IFC should be adopted with the IBC. Chief Prillaman encouraged the Board to read the codes and communicate back to staff what they did not like and/or don't agree with so that can be discussed and a solution obtained. Staff would like to be no more than one code cycle behind due to the amount of time the adoption process takes, about 12-18 months, putting the codes 6-8 years behind. The ICC website gives key changes for every code there is with easy to recognize changes in blue lettering. Chief Prillaman stated previous codes can also be accessed and compared side by side to see changes. Construction Board of Adjustments 3 June 13, 2022 Mr. Allen Moore asked if the IFC could be adopted without adopting the IBC. Chief Prillaman stated that yes, technically the IFC could be adopted without the IBC, however, there would be unintended conflicts between the two codes created, making development difficult. Vice-Chair Inman called for any comments from the public. With no comments Mr. Inman asked if there were any comments or questions from the Board regarding the IFC. Mr. Gary Oatman asked if there were currently any known conflict issues. Chief Prillaman stated there were none he was aware of at the time but could not be certain without conferring with Mr. Ricky Horton, interim Chief Building Official. He stated Wichita Falls had a history of adopting every other code cycle, where he is from they adopted the most current cycle available. He stated if the 6 years was too big of a time frame to adopt he would be open to discussions on adopting every 3 years. Chief Prillaman expressed concerns about being so many years behind on the adoption of the code and asked the Board for their recommendation on a good way to remain more current. Chief Prillaman reminded the Board that the City Council allowed modifications to be made to the codes and encouraged them to take advantage of that benefit not offered in other cities. It was also noted staff could not talk to the Board about issues if they did not voice them and give staff an opportunity to resolve them. Mr. Allen Moore stated they had previously never been given the opportunity to change anything up till the last 8 months. He advised previously there was a lack of communication and they didn't have access to talk to anyone and that he didn't understand why they can't adopt one code and not others. Chief Prillaman advised staff wants to know about conflicts and challenges and have open discussions on them for a resolution. The Chief urged the Board to be careful of adopting the IFC without adopting the building codes and the unintended conflicts it would create in the future as they work together, as all the family of codes do for safety. Mr. Floyd reminded the Board to please turn on the mics so that they could be heard. Mr. Michael Grassi stated the last time the Board met was in 2014 and asked Mr. Hegglund how the CBOA agendas are created. Mr. Hegglund advised the City Council directs staff based on the wants and needs, for instance the last meeting held, City Council requested the 2017 NEC be reviewed. The City Council talked with the Mayor, then the Mayor discussed with Mr. Floyd who in turn created the agenda to request a meeting. Chief Prillaman advised he would be happy to return noting the approval of Mr. Hegglund and Mr. Floyd. Mr. Moore asked if they wanted something to be on the agenda how they could do so. Mr. Hegglund advised the Board members could not. They would have to follow the process and make that request to the Chairman, who would contact the Board's Council liaison to discuss with the Mayor to direct staff to call a meeting. Vice-Chairman Inman asked Mr. Floyd since this was not an action item on the agenda if it could be voted on. Mr. Floyd advised it could not as it was listed Construction Board of Adjustments 4 June 13, 2022 only as discussion on the agenda, however, it could be brought back once vetted by the Board for a vote and that he would relay to the City Council. Mr. Moore asked if they could request an adhoc committee and when. Mr. Floyd advised the department was short staffed but would schedule it as soon as possible. Mr. Moore made the request to have a round table or adhoc for the 2021 IFC. Mr. Ripley Tate asked Chief Prillaman what would be a good time for him to return before the Board. The Chief stated as soon as possible, although he would continue to be patient. Chief Prillaman did note he researched with pier cities and the City of Wichita Falls is the only city proposing to adopt the IFC without adopting the IBC, stating, either all those cities are wrong or this is something they need to look at. Chief Prillaman stated he would set his expectations of significant progress by the 2nd quarter of 2023. Mr. Grassi asked what the state standard of adoption on the IFC was. Chief Prillaman advised the Board did not have to adopt any code. If none adopted if would fall to the State Fire Marshal whom advised via email any city not adopting the IFC, it would default to the 2015 NFPA standards. Mr. Luke Oechsner asked if the Chief was aware of anything that presented a clear danger or anything pressing. Chief Prillaman stated there was nothing he was aware of and that he would be comfortable waiting another 6 months to adopt the 2021 IFC. At this time Vice-Chair Inman thanked staff for their time and presentation to the Board. B. Conduct a Public Hearing and take action related to the recommendation of adoption of the 2018 International Swimming Pool and Spa Code (ISPSC) and associated amendments Vice-Chairman Inman declared the public hearing open at 3:34pm and asked Mr. Ricky Horton to present the item. Mr. Horton presented the 2018 international Swimming Pool and Spa Code (ISPSC) and associated amendments and advised in the Boards packet was the ordinance amending Article X — Swimming Pool as codified in Chapter 22 Of the City's Code of Ordinances. Mr. Horton stated the ordinance included one staff-proposed amendment from the Health Department to require carbon monoxide detectors be installed in public pool equipment rooms when fuel-fired equipment is housed inside the equipment room. Mr. Horton gave a brief timeline of meetings previously held over the ISPSC and advised after much discussion staff was recommending moving forward with the adoption of the 2018 ISPSC, which is in accordance with the minimum code as adopted by the State in the Texas Local Government Code — Section Construction Board of Adjustments 5 June 13, 2022 214.103. Staff had received no other proposed amendments and believed there was a general consensus to move forward with the adoption, as staff recommended, the 2018 ISPSC. Vice-Chairman Inman called for any comments from the public. With no comments, Mr. Inman closed the hearing to the public at 3:36pm and opened the floor for a vote. Mr. Gary Oatman made a motion to adopt the 2018 ISPSC. Mr. Allen Moore seconded the motion. Mr. Grassi asked if there were any big changes for residential pool contractors. Mr. Horton advised there didn't seem to be. Vice-Chairman Inman asked if the carbon monoxide detector was a simple battery operated alarm. Mr. Horton advised yes, with the alarm to sound nearby. Mr. Inman asked if there was any issues from pool builders and/or pool maintence supervisors. Mr. Horton advised none that he knew of and asked Ms. Samantha Blair to advise of anything she was aware of. Ms. Blair stated she has spoken to the pool managers and facility maintenance workers actively working in the pool storage rooms and have found them to be over crowded, contain a lot of chemicals, a lot of water and electricity run through them that presents a potential hazard. Ms. Blair advised most all of the workers are very open to safety codes and she has had no negative feedback when discussing issues with them, noting there have been a couple of incidences of people passing out due to over exposure to chemicals. Mr. Moore asked if the alarm is to be installed inside the storage room who would be able to hear it sound off. Mr. Horton advised they would look into the issue. Mr. Moore stated he wasn't sure it would be of much help if the only person to hear the alarm was passed out inside the storage room. Ms. Blair advised her office would be open to looking into the issue for a resolution. Mr. Inman asked if there was anything else discussed or debated about in the ISPSC sub-committee meetings. Mr. Horton advised he was not a part of those previous meetings but had not heard of anything. A Board member asked Vice- Chair Inman if any of the Board members where a part of those meetings. Mr. Tanner Wachsman stated he was not present due to a previous engagement. Ms. Christal Ashcraft advised the Board in the packet handouts were notes from previous ISPSC sub-committee meetings and had listed at the top who was in attendance. Mr. Floyd advised Mr. Wachsman was in attendance at the meeting held March 7th, 2022. Mr. Horton stated Chief Prillaman had a comment to make regarding the proposed amendment. Chief Prillaman advised most carbon monoxide detectors would alert at 75ppm, OSHA guidelines are 150ppm for up to 8hours. The CO detectors are a very early warning system not a system that identifies an environment that is immediately dangerous to life and health and gives the user plenty of time to remove themselves from harm. Construction Board of Adjustments 6 June 13, 2022 Mr. Gary Oatman stated there was some discussion of the professionals working on the pools being licensed and unlicensed, and asked for clarity. Mr. Horton advised they would need to be a pool contractor registered and bonded with the City of Wichita Falls. Mr. Oatman stated at some point there had to be a licensed electrician to perform work. Mr. Horton stated that was correct and the same applied for plumbing and gas. Mr. Oatman asked if the amendment requiring the CO detector was for gas-fired equipment only and what percentage of pools had that. Mr. Horton confirmed that was correct and advised most commercial would have gas-fired equipment. Mr. Oatman asked if staff was aware of any deaths near pools due to electric shock in the last 5yrs. There were none known. Vice-Chairman Inman called for a vote to recommend adoption of the 2018 International Swimming Pool and Spa Code to the City Council. The vote passed unanimously 10-0. C. Conduct a Public Hearing and take action related to the recommendation of adoption of the 2017 National Electric Code (NEC) and associated amendments Vice-Chairman Inman declared the public hearing open at 3:46pm and asked Mr. Ricky Horton to present the item. Mr. Horton presented the 2017 National Electric Code (NEC) and associated amendments with no changes. Mr. Horton stated the City Council met on June 7th, 2022 to discuss the adoption of the 2017 NEC where it was tabled for review by the CBOA to vet and give their recommendation at the next City Council meeting scheduled July 19th, 2022. Mr. Horton stated staff proposed the 2017 NEC to CBOA for recommendation to City Council. With no comments from the public Vice-Chairman Inman closed the hearing to the public at 3:47pm and called for a motion to adopt. Mr. Grassi advised he would rather discuss the item first, Mr. Inman stated when he reviewed the 2017 NEC it was just clarifying language. Mr. Horton stated that was correct and it was also the removal of the Board of Electrical Examiners and replacing it with the Construction Board of Adjustments. Vice-Chair Inman advised the city had been operating under the 2017 NEC and he discussed the code with 6 electricians, 5 of those were commercial electricians and 1 a residential electrician, and they advised he found they had no issues with the 2017 code but rather the 2021 code that brought challenges to be discussed. Mr. Luke Oechsner stated he has been operating under the 2017 NEC and had no issues with it. Mr. Grassi asked Mr. Hegglund to describe to the Board what Texas state law required. Mr. Hegglund stated as it related to the NEC, the City is governed by the Texas Local Government Code 214.214 which sets out what municipalities such as, Wichita Falls can and can't do as it relates to adopting the NEC. Mr. Hegglund advised it established a minimum if the City wished to adopt a code, Construction Board of Adjustments 7 June 13, 2022 the state law says you have to adopt at least the 1999 NEC. If the City chooses not to adopt a NEC, then at that time it would fall to TDLR to handle the enforcement elements. Vice-Chair Inman asked Mr. Brad Scates if there was anything he liked or didn't like and how he view the 2017 NEC from his standpoint. Mr. Scates advised he also served as a Subject Matter Expert (SME) for Texas Department of Licensing and Regulation (TDLR), helping write the exams for all state licensing. Mr. Scates stated according to the Attorney General, we have to meet or exceed what the state minimum is and gave an example of ground faults. Mr. Scates stated as of September 1st of this year, the State will be under the 2023 NEC and states for the safety and well-being of the public and property we should meet what is the state minimum. Mr. Scates advised with previous code adoptions, the Board of Electrical Examiners and staff went over all the codes, line by line and take their recommendation to City Council. When TDLR took over, the first code cycle taken to City Council, staff did what had been done previously. At that time, the current City Attorney stated since the State was taking over the codes that it was no longer needed to take the code adoption recommendation to City Council. At that time there was no response from anyone about making any changes to the code. Mr. Grassi stated he believes the electrical community should have an opportunity to go over the 2017 NEC before the Board votes on the recommendation. Vice-Chairman Inman asked Mr. Floyd about the crunched timeline and if we could have a sub-committee meet to discuss the 2017 NEC, have them bring that back to a CBOA meeting, and still have it to the City Council before the July 19th meeting. Discussion among staff about notification deadlines and potential meeting times. Mr. Floyd advised staff would schedule a meeting for the sub-committee to meet Monday, June 20th and Wednesday, June 22nd at 2pm in room 500 to discuss the 2017 NEC. Staff would also set a tentative meeting date of June 29th for CBOA to convene to determine their recommendation for City Council July 19th 2022. Vice-Chair Inman asked Councilman Browning if this arrangement was agreeable. Mr. Browning advised yes it was. Mr. Floyd stated staff would notify the Board once dates and times were set. VIII. ADJOURN Vice-Chairman Inman asked if there was any other business. Mr. Floyd thanked the Board for their time and being present. Vice-Chair Inman adjourned the meeting at 4:07pm. Construction Board of Adjustments 8 June 13, 2022 Chfiirman, Leo Lane Date 7_ —-) ..ITerry Fl y actor of Development Services Date