HomeMy WebLinkAboutRe: bldg code classification Lyle Oman
From: Lyle Omarx-����
Sent: Tuesday, April 07, 2015 11:44 AM
To: 'Paul Anderson'
Cc: Melanie Curtis
Subject: RE: 3435 Shoreline Drive
Attachments: SKM_C654e15040708240.pdf
Hello,
In regard to your email concerning the building code classification of your proposed use of the lower level of the building
at 3435 Shoreline Drive in Orono I have the following response.
The State of Minnesota adopted the International Building Code with amendments which is referred to as the State
Building Code. Cities in the metro area are required to adopt the State Building Code. Within the State Building Code is
Section 1306 Special Fire Protection Systems. Cities are given 2 options for the level of fire protection.The city chose
option subpart 2.This code requires in part that buildings in which the occupancy classification is changed a fire
sprinkler system must be installed and maintained in operational condition within the structure.
This area of the building has historically been a bowling alley which is an A-3 occupancy. Per IBC Section 303 .1 A-3
Assembly are uses intended for worship, recreation or amusement. It is the city's position that your proposed uses of
the building do not comply with an A-3 classification.
Your email states one of your proposed uses is to have occasional sales and auction of antiques.This is an M occupancy.
IBC Section 309.1 describes an M occupancy as buildings or structures or portions thereof,for the display and sale of
merchandise, and involves stocks of goods, wares or merchandise incidental to such purposes and accessible to the
public.
Your other proposed use is a community outreach program.This is a B occupancy. IRC Section 304.1 describes a B
occupancy as buildings or structures or portions thereof,for office, professional or service-type transactions, including
storage of records and accounts.
The Building Code Interpretation you provided is from 2004 based on 2003 edition of the IBC.There have been 4
updated editions since then.The cities position is that this is an out dated interpretation and refers to an auction
facility only. In our conversation you indicated that you would be storing and preparing items for occasional sales.This
clearly fits into a M occupancy.
The city appreciates your community mission work and would like to have you in the City Of Orono. However the
building department is responsible for protecting the public and the city and must conservatively interpret and enforce
the code and find that your proposed use does not meet the requirements of an A-3 occupancy
From: Paul Anderson [mailto:345paul@gmail.com]
Sent: Wednesday, April 01, 2015 3:40 PM
To: Lyle Oman
Subject: 3435 Shoreline Drive
Paul Anderson and Robin Wade and Dan Turzinski
P.O.Box 492
Excelsior,MN 55331
567wade(r�gmaiLcom
March 31,2015
1
Mr.Lyle Oman
City of Orono,Minnesota
VIA EMAIL -LOman,crci.orono.mn.us
Re: 3435 Shoreline Drive
Orono,MN
Dear Lyle:
Thank you for taking the time to meet with us recently to discuss the 8,000 square foot space at 3435 Shoreline Drive in Orono("Property").
This letter is intended to demonstrate how our proposed use of the Property is aligned with its zoning for use as Group A3(Assembly)and safe for the space
as constructed and designed.
As we discussed,the occupancy classification outlined in Chapter 3 of the International Building Code includes the following use:
"auction spaces need to be assigned a Group A-3 occupancy(IBC Interpretation No.38-03)." I forwarded that information to you the day of our meeting.
Please let me know if you did not receive that and[will send it again.
Our intended use of the Property indudes the following:
* Occasional sale and auction of antiques
* House community outreach program for charitable foundation (His House and Hearts From Heaven Foundation 501(c)3 in service to
individuals and families in need and in crisis.
You may google His House Foundation through Mount Calvary Lutheran Church in Excelsior.
* Volunteer Assembly-Just last week,Dan had four families and their children,a group of 18+volunteers,gather to sit and hear the mission
of His House which led to their generous donation of time to help an 83 year old woman transition from her apartment to a managed care facility.
As we drive around our community,unbeknownst to most,people's circumstances and life stories are unfolding all around us. The stories will
break your heart but the gifts of the volunteers will just lift your spirit. So many examples of countless hours graciously donated by volunteers
coming together in an effort to help those in our own neighborhoods that are less fortunate or find themselves in a crisis situation. This location
will be used for the sorting of necessities and gift bags that will be distributed to local families in need.
* Assembly of group of musicians to rehearse music in preparation for performances at churches,weddings,community events and
fundraisers.
According to the Minnesota State Fire Marshall and the Minnesota Fire Code:-under Assembly(Group A)Occupancies-Section 8-Fire Protection:
8.13 Group A-3 Occupancies:
An automatic sprinkler system shall be provided throughout the fire area containing a Group A-3 occupancy when one of the
following conditions exists:
l.The fire area exceeds 12,000 square feet;
2.The fire area has an occupant load of 300 or more;or,
3.The fire area is located on a floor other than the►evel of exit discharge.
As noted above,the space of the Property is approximately 8,000 sqr ft. Our occupant load on a daily basis would average under five with an occasional load
of 20-30 and would never come close to a 100 occupant load. The space is not located on a floor other than the level of exit discharge. Because only non-
hazardous material would be present at the Property,and our occupant load is small,our risk is negligible.
Our intended uses will service and benefit the community.
Attached please find the Mission Statement of His House and Hearts From Heaven Foundation.
Please contact Robin at 612-709-4125 with any questions.
Thank you for your time and consideration.—Robin Wade 567wade�Qmail.com
**a****�**********+*+**+**r**************+.*.*****.************�*********�****�*****�**********�******r*****
His House And Hearts From Heaven Foundation
Mission Statement:
Our foundations intend to serve our community by providing direct services to families in need and to serve as a catalyst for increased sharing within our
community.Our vision is rooted in the belief that when people act in response to human need,giving what they have without seeking profit or interest,we
believe God magnifies the effects of our efforts.We believe that we are on this human journey together,and the community we build together will be more
for the sharing and less for the withholding of the gifts of each person.
Who We Serve:
2
, Areas Served:St.Boni,Maple Plain,Orono,Excelsior,St.Paul,Minnetonka,Hutchinson,Watertown,Winsted,Long Lake,Plymouth,Eden Prairie
We aze a community service that provides high quality clothing,household,and furniture items to individuals and families.
Partnerships:
Adult Training and Habilitation Center,ATHC is creating jobs for people with disabilities. ATHC partners with local businesses for the community
employment division.Some local businesses that currently partner with ATHC aze Ridgeview Hospital,His House Foundation(RAK Thrift in Mound),The
Hope Chest and Choice Plastics.
We have partnerships with eight churches in the Minnetonka azea,and look to eapand our partnerships within the West Minnetonka azea.In our partnerships,
we provide social services,basic necessities,and financial support to families/individuals that are in need.In addition we provide a safe and caring
volunteering environment.
We also have partnerships with abuse shelters in which we provide a parent and their children with basic necessities. New Partnerships:Vail Place,The
Langdon,Inc.
Funding:
Our source of revenue is twofold,personal funding,and revenue from the sales of inerchandise.This merchandise is sold online and through the storefront in
Mound.
New Partnerships:Vail Place,The Langdon,Inc.
Areas Served:St.Boni,Maple Plain,Orono,Excelsior,St.Paul,Minnetonka,Hutchinson,Watertown,Winsted,Long Lake,Plymouth,Eden Prairie
3
CHAPTER 3 - -
USE AND OCCUPANCY CLASSIFICATION
SECTION 301 2. A room or space used for assembly purposes with an
GENERAL occupant load of less than 50 persons and accessory to
another occupancy shall be classified as a Group B
301.1 Scope. The provisions of this chapter shall control the occupancy or as part of that occupancy.
classification of all buildings and structures as to use and occu- 3. A room or space used for assembly purposes that is
pancy. less than 750 s uare feet 70 m2
q ( )in azea and is acces-
sory to another occupancy shall be classi�ed as a
SECTION 302 Group B occupancy or as part of that occupancy.
CLASSIFICATION Assembly occupancies shall include the following:
302.1 General. Structures or portions of structures shall be A-1 Assembly uses,usually with fixed seating,intended far
classified with respect to occupancy in one or more of the the production and viewing of the perfornung arts or
groups listed below. A room or space that is intended to be motion pictures including,but not limited to:
occupied at different times for different purposes shall comply Motion picture theaters
with all of the requirements that are applicable to each of the Symphony and concert halls
purposes for which the room or space will be occupied.Struc- Television and radio studios admitting an audience
tures with multiple occupancies or uses shall comply with Sec- 'I'heaters
tion 508.Where a structure is proposed for a purpose that is not
specifically provided for in this code, such structure shall be A-2 Assembly uses intended for food and/or drink con-
classified in the group that the occupancy most nearly resem- sumption including,but not limited to:
bles,according to the fire safety and relative hazard involved. Banquet halls
1. Assembly (see Section 303): Groups A-1, A-2, A-3, Night clubs
A-4 and A-5 Restaurants
2. Business(see Section 304): Group B Taverns and bars
3. Educational(see Section 305): Group E A-3 Assembly uses intended for worship, recreation or
4. Factory and Industrial (see Section 306): Groups F-1 �usement and other assembly uses not classified else-
and F-2 where in Group A including,but not limited to:
5. High Hazard(see Section 307):Groups H-1,H-2,H-3, Amusement arcades
H-4 and H-5 Art galleries
Bowling alleys
6. Institutional(see Section 308):Groups I-1,I-2,I-3 and Places of religious worship �
I-4 Community halls
7. Mercantile(see Section 309): Group M Courtrooms
Dance halls(not including food or drink consump-
8. Residential (see Section 310): Groups R-1, R-2, R-3 tion)
and R-4 Exhibition halls
9. Storage(see Section 311): Groups S-1 and S-2 Funeral parlors
10. Utility and Miscellaneous(see Section 312):Group U Gymnasiums(without spectator seating)
Indoor swimming pools(without spectator seating)
� Indoor tennis courts(without spectator seating)
SECTION 303 Lecture halls
ASSEMBLY GROUP A Libraries
Museums
303.1 Assembly Group A. Assembly Group A occupancy Waiting areas in transportation terminals �
includes,among others,the use of a building or structure,or a Pool and billiazd parlors
portion thereof,for the gathering of persons for purposes such A-4 Assembly uses intended for viewing of indoor sporting
as civic,social or religious functions;recreation,food or drink events and activities with spectator seating including,
consumption;or awaiting transportation. but not limited to:
Exceptions: Arenas
1. A building used for assembly purposes with an occu- Skating rinks
pant load of less than 50 persons shall be classified as Swimming pools
a Group B occupancy. Tennis courts
2006 INTERNATIONAL BUILDING CODE� 23
US�AND OCCUPANCY CLASSIFICATION
A-5 Assembly uses intended for participation in or viewing structure,or a portion thereof,for assembling,disassembling,
outdoor activities including,but not limited to: fabricating,finishing,manufacturing,packaging,repair or pro-
Amusement park structures cessing operations that are not classified as a Group H hazard-
Bieachers ous or Group S storage occupancy.
Grandstands 306.2 Factory Industrial F-1 Moderate-hazard Occupancy.
Stadiums Factory industrial uses which are not classified as Factory
Industrial F-2 Low Hazard shall be classified as F-1 Moderate
SECTION 304 Hazard and shall include,but not be limited to,the following:
BUSINESS GROUP B Aircraft
304.1 Business Group B. Business Group B occupancy Appliances
includes,among others,the use of a building or structure,or a Athletic equipment
portion thereof,for office,professional or service-type transac- Automobiles and other motor vehicles
tions, including storage of records and accounts. Business Bakeries
occupancies shall include,but not be limited to,the following: Beverages;over 12-percent alcohol content
Airport traffic control towers Bicycles
Animal hospitals,kennels and pounds Boats
Banks Brooms or brushes
Barber and beauty shops Business machines
Car wash Cameras and photo equipment
Civic administration Canvas or similar fabric
Clinic--0utpatient Carpets and rugs(includes cleaning)
Dry cleaning and laundries: pick-up and delivery stations Clothing
and self-service Construction and agricultural machinery
I Educational occupancies for students above the 12th grade Disinfectants
Electronic data processing Dry cleaning and dyeing
Laboratories: testing and research Electric generation plants
Motor vehicle showrooms Electronics
Post offices Engines(including rebuilding)
Print shops Food processing
Professional services (architects, attorneys, dentists, Furniture
physicians,engineers,etc.) Hemp products
Radio and television stations Jute products
Telephone exchanges Laundries
Training and skill development not within a school ar Leather products
academic program Machinery 1
Metals
Millwork(sash&door)
SECTION 305 Motion pictures and television filming(without spectators)
Musical instruments
EDUCATIONAL GROUP E Optical goods
305.1 Educational Group E.Educational Group E occupancy Paper mills or products
includes,among others,the use of a building or structure,or a Photographic film
portion thereof,by six or more persons at any one time for edu- Plastic products
cational purposes through the 12th grade. Religious educa- Printing or publishing
tional rooms and religious auditoriums,which are accessory to Recreational vehicles
� places of religious worship in accordance with Section 508.3.1 Refuse incineration
and have occupant loads of less than 100,shali be classified as Shoes
A-3 occupancies. Soaps and detergents
305.2 Day care.The use of a building or structure,or portion Textiles
thereof,for educational, supervision or personal care services Tobacco
for more than five children older than 2'/z years of age,shall be Trailers
classified as a Group E occupancy. Upholstering
Wood;distillation
Woodworking(cabinet)
SECTION 306 306.3 Factory Industrial F-2 Low-hazard Occupancy.Fac-
FACTORY GROUP F tory industrial uses that involve the fabrication or manufactur-
306.1 Factory Industrial Group F.Factory Industrial Group ing of noncombustible materials which during finishing,
F occupancy includes, among others,the use of a building or packing or processing do not involve a significant fire hazard
Zq 2006 INTERNATIONAL BUILDING CODE�
USE�AND OCCUPANCY CLASSIFICATION
308.5 Group I-4,day care facilities.This group shall include dential Code in accordance with Section 101.2. Residential
buildings and structures occupied by persons of any age who occupancies shall include the foliowing:
receive custodial care for less than 24 hours by individuals
other than parents or guardians,relatives by blood,marriage or R-1 Residential occupancies containing sleeping units
adoption,and in a place other than the home of the person cared where the occupants are primarily transient in nature,
for.A facility such as the above with five or fewer persons shall including:
be classified as a Group R-3 or shall comply with the Interna- Boarding houses(transient)
tional Residential Code in accordance with Section 101.2. Hotels(transient)
Places of worship during religious functions are not included. Motels(transient)
308.5.1 Adult care facility.A facility that provides accom- B.2 Residential occupancies containing sleeping units or
modations for less than 24 hours for more than five unre- more than two dwelling units where the occupants are
lated adults and provides supervision and personal care primarily permanent in nature,including:
services shall be classified as Group I-4.
Apartment houses
Exception: A facility where occupants are capable of Boarding houses (not transient)
responding to an emergency situation without physical Coments
assistance from the staff shall be classified as Group A-3. Dornutories
308.5.2 Child care facility.A facility that provides supervi- Fraternities and sororities
sion and personal care on less than a 24-hour basis for more Hotels(nontransient)
than five children 2'/2 years of age or less shall be classified Monasteries
as Group I-4. Motels(nontransient)
Vacation timeshare properties
Exception: A child day care facility that provides care
far more than five but no more than 100 children 2'/2 Congregate living facilities with 16 or fewer occu- I
years or less of age,when the rooms where such children pants are pernutted to comply with the construction
are cared far are located on the level of exit discharge and requirements for Group R-3.
each of these child care rooms has an exit doar directly to R-3 Residential occupancies where the occupants are pri-
the exterior,shall be classified as Group E. marily permanent in nature and not classified as Group
R-1,R-2,R-4 or I,including:
SECTION 309 Buildings that do not contain more than two dwelling I
MERCANTILE GROUP M units.
Adult facilities that provide accommodations for I
309.1 Mercantile Group M.Mercantile Group M occupancy five or fewer persons of any age for less than 24
includes, among others, buildings and structures or a portion hours.
thereof, for the display and sale of inerchandise, and involves Child care facilities that provide accommodations for -
stocks of goods, wares or merchandise incidental to such pur- five or fewer persons of any age for less than 24
poses and accessible to the public. Mercantile occupancies hours.
shall include,but not be limited to, the following: Congregate living facilities with 16 or fewer persons.
Department stores Adult and child care facilities that are within a sin-
Drug stores gle-family home are pernvtted to comply with the
Markets
Motor fuel-dispensing facilities International Residential Code.
Retail or wholesale stores R-4 Residential occupancies shall include buildings
Sales rooms arranged for occupancy as residential care/assisted liv-
309.2 Quantity of hazardous materials.The aggregate quan- ing facilities including more than five but not more than
tity of nonflammable solid and nonflammable or 16 occupants,excluding staff.
noncombustible liquid hazardous materials stored or displayed Group R-4 occupancies shall meet the require-
in a single control area of a Group M occupancy shall not ments for construction as defined for Group R-3,
exceed the quantities in Tabie 414.2.4(1). except as otherwise provided for in this code,or shall
comply with the International Residential Code.
SECTION 310 310.2 Definitions.T'he following words and terms shall,for the
RESIDENTIAL GROUP R purposes of this section and as used elsewhere in this code,
have the meanings shown herein.
310.1 Residential Group R. Residential Group R includes,
among others, the use of a building or structure, or a portion BOARDING HOUSE.A building arranged or used for lodg-
thereof,for sleeping purposes when not classified as an Institu- ing for compensation,with ar without meals,and not occupied
tional Group I or when not regulated by the International Resi- as a single-family unit.
34 2006 INTERNATIONAL BUILDING CODE�
, � • THE 2007 MINNESOTA STATE BUILDING CODE
MINNESOTA RULES, CHAPTER 1306
SPECIAL FIRE PROTECTION SYSTEMS
1306.0010 GENERAL. must be installed and maintained in
operational condition within the structure.
This chapter authorizes optional The requirements of this subpart apply to
provisions for the installation of on-premises structures that fall within the occupancy
fire suppression systems that may be adopted classifications established in part 1306.0030,
by a municipality in addition to the State items A to D.
Building Code. If the municipality adopts
them, the sprinkler system requirements of Exception: The floor area of minor
this chapter become part of the State Building additions that do not increase the occupant
Code and are applicable throughout the load does not have to be figured into the
municipality. This chapter, if adopted, must square footage for occupancy
be adopted without amendment. classifications established in part
1306.0030, items A to D.
1306.0020 MUNICIPAL OPTION.
1306.0030 REQUIREMENTS.
Subpart 1. Requirement. The sprinkler
system requirements of this chapter, if For purposes of this chapter, area
adopted, must be adopted with the selection separation, fire barriers, or fire walls do not
of either subpart 2 or 3, without amendment. establish separate buildings. Gross square
footage (gs fl means the floor area as defined
Subp. 2. Existing and new buildings. in the International Building Code. The floor
Automatic sprinkler systems for new area requirements established in items A to D
buildings, buildings increased in total floor are based on the gross square footage of the
area (including the existing building), or entire building and establish thresholds for
buildings in which the occupancy these requirements. The following occupancy
classification has changed, must be installed groups must comply with sprinkler
and maintained in operational condition requirements of this chapter, unless specified
within the structure. The requirements of this otherwise:
subpart apply to structures that fall within the
occupancy classifications established in part A. Group A 1, A 2, A 3, and A 4
1306.0030, items A to D. occupancies;
Exception: The floor area of minor Exception: air inflated structures, and
additions that do not increase the occupant open picnic shelters.
load does not have to be figured into the
square footage for occupancy B. Group B, F, M, and S occupancies
classifications established in part with 2,000 or more gross square feet of floor
1306.0030, items A to D. area or with three or more stories in height;
Subp. 3. New buildings. Automatic Exception: S 2 open parking garages,
sprinkler systems for new buildings, additions aircraft hangars, salt storage sheds, and
to existing buildings, or buildings in which group "M" detached canopies.
the occupancy classification has changed
212
, � THE 2007 MINNESOTA STATE BUILDING CODE
C. Group E occupancies with 2,000 or 1306.0070 REPORTING.
more gross square feet of floor area or with
two or more stories in height; A municipality must submit a copy of the
ordinance adopting this chapter to the
D. Group E day care occupancies with an Department of Labor and Industry,
occupant load of 30 or more; Construction Codes and Licensing Division.
The ordinance does not go into effect until:
1306.0040 STANDARD.
A. a signed electronic, faxed, or paper
Automatic sprinkler systems must comply copy of the ordinance has been received by
with the applicable standazd referenced in the the division;and
State Building Code. If a public water supply
is not available, the building official and fire B. the ordinance has been approved by
chief shall approve the use of an alternate on- the division.
site source of water if the alternate source
provides protection that is comparable to that An ordinance is deemed automatically
provided by a public water suppiy. If an approved by the division if the municipality
adequate alternate water supply sufficient for has not been informed that the ordinance has
hose stream requirements is provided or not been approved within ten working days of
available, the building official and fire chief the division's receipt of the ordinance.
may permit the water supply requirements for
the hose stream demands to be modified. 1306.0100 [Repealed,27 SR 1479]
1306.0050 SUBSTITiJTE Minn.Rutes repealed,etc.in chapter 1306
CONSTRUCTION.
1306.0100 [Repealed,27 SR 1479J
The installation of an automatic sprinkler
system,as required by this chapter,would still
allow the substitution of one-hour fire-
resistive construction as permitted by the
International Building Code, Table 601,
footnote d.—�t F�2 s -ro H�A�y ��,M 3�R
1306.0060 EXEMPTION.
The building official, with the
concurrence of the fire official,may waive the
requirements of this chapter if the application
of water has been demonstrated to constitute a
serious life, fire, or environmental hazazd, or
if the building does not have an adequate
water supply and the building is sunounded
by public ways or yards more than 60 feet
wide on all sides.
213