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• MINUTES OF THE BOARD OF APPEALS MEETING <br />HELD JUNE 25,1997 <br />Schneider contacted Duane Grace, past member of the Minnesota Building Code and currently a full - <br />time building official for 4 cities and the State Fair Building Official, for reference information. <br />Grace agreed with Schneider that the building should be an E occupancy. If there was a change of <br />occupancy, most likely there would be work required by the building code to have the occupancy <br />approved. In 1976 the handicap code would have required a handicap access and inspections would <br />be required. A certificate of occupancy could not be issued if the work had not been completed and <br />therefore, the occupancy would not change. <br />Bellows asked Grace if he thought the building, as it stands, was safe for young children to occupy <br />on a full -time basis. Grace responded it was no worse than many of the existing public schools in <br />Minnesota. <br />Bellows asked if a formal code report had been done. Schneider confirmed that one had not been <br />done. He added the Board's role in this matter is to decide if there is a change of occupancy with the <br />proposed private school use, not to decide if the code requirements involved with the change of use <br />are valid or not. <br />• _ <br />Bellows commented on the letters m 1976 classifying the occupancy as F 2 by Mr. Alan Olson. She <br />felt a certificate of occupancy could have been issued at that time for the F -2 classification. She also <br />felt that the safety of children is an underlying issue. <br />Grace interjected that the Board of Appeals could only rule on one item - if Oman's interpretation <br />of the building code for occupancy is correct. He agrees there are some conditions which need to <br />be corrected but that is not the purpose of the Board. <br />Grace did not think a certificate of occupancy could have been issued for F -2 as the handicap access <br />was not done. Schneider added that Exhibit B -18, a letter from Building Official Olson dated <br />September 27, 1976, indicates items which need to be corrected or completed prior to issuance of <br />a certificate of occupancy. <br />Kohnen responded that a certificate of occupancy could not be issued because the requirements were <br />never met. It is the building official who has the authority to classify the occupancy use. <br />Schneider indicated that Oman has done two separate code reviews and classified the occupancy as <br />E on both occasions. Oman responded that it was an error on his part. <br />Kohnen asked if the State Fire Marshall had reviewed the building. Schneider confirmed that he had <br />• not. Kohnen did not feel the second floor outside exit would qualify as a second exit for children. <br />Schneider added a wide stairway goes down to the front door. <br />0 <br />