HomeMy WebLinkAbout12022010 Agenda Item 4
fity of West University Place
APPLICATION TO THE BUILDING AND STANDARDS COMMISSION
OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
Address of site: 3122 GEORGETOWN
Legal description of the site: LOT 20, BLOCK 3, RICE COURT
Applicant: MICHAEL M. TALIANCHICH
Address: 2717 SUNSET BLVD, HOUSTON, TX 77005
Contact: MICHAEL TALIANCHICH
Phone: 713-660-8799 Fax: 713-660-8799
Email Address: TALIAN44@SWBELL.NET
Decision or Action Requested (check one or more and provide requested data):
( ) Appeal. Hear and decide an appeal from an order, requirement, decision or determination made by the building official (or
other administrative official) of the City.
• Name and title of the administrative official:
• Is the official's action in writing? ( ) Yes; ( ) copy is attached. ( ) No, but the action appealed is as follows:
• When was the action taken? Note: Appeals must be filed within a reasonable time. Please explain any delay
below:
• Exact code of ordinance section(s) involved:
• Grounds for appeal:
(X) Special Exception.
• Exact code of ordinance section that authorizes the special exception:
APPENDIX C, SECTION C-104(3)a(3) & C-104(5)b(3)
• Exact wording of special exception requested:
NOT TO REQUIRE ERRORS AND OMISSIONS INSURANCE
( ) Variance.
• Exact code of ordinance section from which a variance is requested:
• Exact wording of variance requested:
Other Data, Are there drawings or other data? ( )No (X)Yes (list items here and attach them) ADDENDUM "A"
State of County of
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My commission expires V~ - `'1_(I ) ~ t ,',t , Notary Public 11 *****PROVIDE ORIGINAL; PLUS 15 COPIES (16 TOTAL) OF ALL SUBMITTALS*`*
Signature of applicant: - Date:
For Staff Use only Date filed: Date heard:' Docket#~
Form BSC-102
•
MICHAEL M. TALIANCHICH P.E. (Inc)
FINE HOME BUILDERS AND STRUCTURAL ENGINEERS
2717 Sunset Blvd.., 713 6608799
Houston, Texas 77005
BSC Board Members 11/10/10
RE: Special Exception
Background and reasons for request
1. Registered as Structural Engineer with the State of Texas since 1989.
2. Own a building company called Michael M. Talianchich P. E. (inc) which
is also registered as a firm to practice engineering in the State of
Texas.
3. Have built 18 houses since 1993 with the majority in West U.
4. Have always had General Liability Insurance for $1,000.000+, which in
addition covers completed operations. This insurance has been current
even during the last 3 years of downturn.
5. 1 have only worked for my own building company and have never
designed for other builders. I do not take outside work. 1 am too
conservative.
6. Since my first house in 1993, 1 have voluntarily used only one
foundation method, that is, Traditional pier and beam with crawl space
rather than the accepted cheaper method of slab on grade.
7. The method 1 use was not based upon costs but upon long term
serviceability.
8. The concrete ring and internal beams are 18" wide by 22-1/2" deep and
sit atop drilled concrete straight shafts which are 18" in diameter and
18 feet deep. These shafts carry the upward or downward load by skin
friction with minimal bearing capacity.
9. In my estimation, the probability of settlement or heave occuring In my
foundation system is extremely low, but just in case, I provide a
secondary in built jacking system for safety.
i
The house c be raised or lowered by means of a 100+ 3/4"
diameter gaized anchor bolts whuch are thrNed through the 4' by
6" treated wooden bearer beam. The 30" crawl space underneath the
house is lined with a plastic covering and is lighted up with 8 lights to
provide a clean and well lit working environment should the situation
arise.
10. IN SUMMARY
The General Liability and Completed Operations Insurance will provide
better coverage to the future home owner than the Errors and
Ommissions Insurance, however the best insurance of all is a
conservative Engineering Design which has been well thought out and
allows for contingencies. The system that 1 use is expensive but in my
opinion, well worth it.
Michael M. Talianchich
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11/03/-2010 12:21 512258480 LEGACYTEXASINSUI* PAGE 01/01
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ACORD,. CERTIFICATE OF LIABILITY INSURANCE OP ID S DA'E'~"""°
PRODUCER TALIA-1 11 03 10
Legacy Texas Insurance THIS CERTIFICATE IS ISSUED AS A (MATTER OF INFORIMApnN
Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Soil: 851019 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P,iehArdson TX 75085-1018
Phone:972-461-7300 Fax:972-461--7340 INSURERS AFFORDING COVERAGE
INSURED NAIC #
INSURER A; Mid continwnt Casualty
INSURER B:
Michael M. Taliaaahich P. S. Inc INSURER C: ) L
2717 Sunset Blvd
Elouston TX 77005 INSURER D:
INSURER I-;OVERAGES
THE POLICIE$ OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING '
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, "CLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVF BEEN REDUCED BY PAID CLAM,
TR NS TYPE OF INSURANCE POLICY NUMBER DATE M PATE MM/DD LHIIRS
GENERAL LIABNmr
k X COMMERCIAL GENERAL LIABILITY 04GL000802513 EACH OCCURRENCE $ 1 , 000' 000
09/28/10 09/28/11 PREMISES Eaoawence $100 000
CLAIMS MADE OCCUR MED EXP (Any ona person) $E=UD D
PERSONAL&ADVINRIRY 31,000,OQQ
X EIFS/LRAD/MOLD EX
OENERALAGGREOATE s2 000,000
GEN'L AGGREGATE LIMIT APPLIES PER.
POLICY 0 JEa LOG PRODUCTS -COMP/OPncG s2 OOO OOO
AUTONOBI'LE LIABILITY
ANY AUTO C
(Es ar4dM) OMBINED SINGLE LIMIT g
ALL OWNED AUTOS
SCHEDULEDAUTOS (P-p INJURY $
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NON-OWNED AUTOS BODILY INJURY
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY
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EXCESSIUMBRELLA LIABLMY
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-662-5304
IFICATE HOLDER CANCELLATION
CITYOFW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 0E CANCELLSD BEFORE THE EIMRK"ON
DATE THEREOF, THE 18WM INSURER WILL ENDEAVOR TO MAR. 10 DAYS wRnIMN
City of West University Place NOTICC TO THE C:ERTiFTCATE HOLDER NAMED TO THE LIEFT, EIUT FAILURE To DD SO SHALL
3826 Amherst WrOU NO OBLIGATION OR LIABLITY OF ANY M UPON THE INSURER, ITS Afon OR
Houston TX 77005 REPRM04TATIVES.
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STAFF REPORT
Business of the Building and Standards Commission
City of West University Place, Texas
AGENDA OF: December 2, 1020 DOCKET NO.: 2010-05
DATE SUBMITTED: November 16, 2010 DEPARTMENT OF ORGIN: Development
Services
PREPARED BY: John R. Brown, MCP, CFM
Chief Building Official PRESENTER: Michael M. Talianchich
SUBJECT: Special Exception from
providing Errors and Omissions insurance STAFF PRESENTER:
as required by Appendix C, C-104 3a(3) and John R. Brown, MCP, CFM
5b(3) definitions "RLPE". Chief Building Official
ATTACHMENTS: See addendum "A" provided b applicant
STAFF SUMMARY
Background: Appendix C provides for all the technical codes currently adopted by the city.
Included are specific requirements for foundation design, licenses, registration requirements for
professionals submitting plans for approval and insurance requirements for said professionals.
Variance request: Special exception from providing the required Errors and Omissions
insurance per C-104 3a(3) and 5b(3)
Code reference:
Appendix C Technical Codes Schedule
Sec. C-104 - International Building Code.
3. The foundation for each new building (and each new addition to a building) must meet all the criteria in this
section, as applicable. Exception. If the building or addition does not contain habitable space (as defined in the IBC), it
must meet only the requirements for "nonhabitable space," as indicated below.
a. Definitions. In this section:
"RLPE" means a licensed or registered professional engineer of the State of Texas who is:
(1) Listed with the State Board of Professional Engineers in the structural branch;
(2) Employed by a registered engineering firm of the State of Texas; and
(3) (Unless waived by the BSC as provided in "i" below) covered by professional errors and
omissions insurance that: (i) has limits of at least $500,000.00 per claim (and at least $1,000,000.00
per year, aggregate) and (ii) has effective dates-including any retroactive coverage date-that include
the entire period when the person provides services or takes actions regulated by this section.
1
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5. Structural elements, engineering, etc. must comply with the following section:
b. Definitions. In this section:
RLPE means a registered or licensed professional engineer of the State of Texas who is:
(1) Listed with the State Board of Professional Engineers in the structural branch;
(2) Employed by a registered engineering firm of the State of Texas; and
(3) Covered by professional errors and omissions insurance that: (i) has limits of at least
$500,000.00 per claim (and at least $1,000,000.00 per year, aggregate) and (ii) has effective dates-
including any retroactive coverage date-that include the entire period when the person provides
services or takes actions regulated by this section.
Finding:
C-104 3
i. Special Exceptions. The BSC may issue a special exception from any requirement in subsection "a"
through "h," above, but only upon a showing that:
(1) the requirement will not affect life safety or the performance of a structure; or
(2) an alternate requirement to be imposed by the special exception will provide equal or better
protection for life safety and long-term structural performance.
However: (i) unless the basic type of foundation is "structural slab with void space and deep
foundations" or "structural floor with crawl space and deep foundations," as described in this section,
the BSC may not issue a special exception waiving any requirement for an RLPE to have
professional errors and omissions insurance, in whole or in part; and (ii) the BSC may not waive any
requirement for an RLGE to have such insurance. In connection with any special exception, the BSC
may require that the applicant provide supporting engineering data and opinion, and the BSC may
impose conditions to carry out the purpose and intent of applicable regulations.
C-104 5
f. Special Exceptions. The BSC may issue a special exception from any requirement in subsection "a"
through "e", above, but only upon a showing that:
(1) The requirement will not affect life safety or the performance of a structure (for its estimated
useful life); or
(2) An alternate requirement to be imposed by the special exception will provide equal or better
protection for life safety and long-term structural performance.
In connection with any such special exception, the BSC may require that the applicant provide
supporting engineering data and opinion, and the BSC may impose conditions to carry out the
purpose and intent of applicable regulations.
2