05-27-1997 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27,1997 ( #12 - #2235 Martin Schneider - Continued) • Kelley inquired who makes the decision regarding classification. Schneider said El classification allows for occupancy up to 50 children up to grade 12 and E2 allows more than 50. Schneider asked the application be moved forward pending code review and will comply with code. Kelley asked if the classification is determined by Staff. Moorse said the inspection staff reviews it. Kelley asked if this has been done. Van Zomeren said an architect prepares the code compliance, and it is reviewed by Building Official Lyle Oman for completion and appropriateness. Oman performed that review. Moorse noted that the E 1 and E2 classification requires a fire suppression system. He said the change in the building code triggered the need for the fire suppression system but the code compliance has not yet been reviewed. Van Zomeren indicated that this would be conducted by the building official, after an architect had prepared an analysis. Jabbour indicated that the process can be appealed citing an example when the inspector did not agree with the architect's findings. Jabbour reported that Schneider suggested the City's classification of the property before as B2 and now as E2 caused him to lose his grandfather rights. Jabbour clarified for the record and in defense of the City that Staff had made every attempt to get the former occupant in compliance without success. Whether the building is sprinkled is not within the Council's jurisdiction. It is a subject of the building code. Schneider informed Jabbour that he will continue with the process noting he could appeal if necessary. Jabbour and Kelley both noted that regardless of what occurred in the past, the rules regarding children occupying the building have to be • followed. Van Zomeren informed the Council that the prior occupant, the art school, had moved into the building without a certificate of occupancy. The City then had to make attempts to gain compliance over 3 -1/2 years. The B2 classification was for the art center. The Building Official did not observe children on the premises during his inspection. While the past classification may have been incorrect, the classification should be determined before any new use is allowed. Van Zomeren confirmed for Schneider that the building does not have a certificate of occupancy. Schneider reported that he is not affiliated with the art school. He gained possession of the property again when the art school defaulted on their contract for deed in February, 1997. Jabbour said the Council would like to expedite and facilitate the application. He indicated that the building can be shown to people prior to receipt of the certificate of occupancy. is 16