HomeMy WebLinkAbout04071994 BSC Minutes• BUILDING AND STANDARD5 COMMISSION
REGULAR SESSION
~ 3800 University Blvd.
THURSDAY, APRIL 7, 1994
6:30 P.M.
The Building and Standards Commission convened in the Municipal
Building, 3800 University Blvd. in the City of West University
Place on April 7, 1994 for a regular session with the following
members present: Roy Harper, Les Albin, Evelyn Dravis, James
McDaniel, James Todd and Craig Hughes. Chairman Drew McManigle
was present via telephone. Members absent were Craig DuCote and
James Collier. Present from the City were Dennis Holm, Chief
Building Official and Susan Thorn, Building Secretary.
Hearing of residents.
None present.
Consideration of property located at 6509 Sewannee, North 1/2 of
Lot 8, Block 33, First Addition a request to buildout of the third
floor attic space.
Gordon Wittenberg, Architect for the project explained the
• applicants request. Mr. Wittenberg stated that the applicants,
Herbert and Robin Ashe were requesting building out a third floor
attic space. They had brought this matter before the Board in
July of 1993 and were asked to bring more information before a
decision could be made.
Mr. Wittenberg presented a document containing the requested
information.
A copy of this document is included as a part of these minutes.
He explained that the house was completed in August 1990 and
occupied sometime thereafter. He explained that on the first
page is listed the reasons for this request: (1) At the time of
the original design (1988) attic rooms were allowed to built out
with the entire house having 2 x 4 framing and 1/2" gypsum board.
(2) The provisions were made in the original design for this room
including a higher roof profile and floor framing.
(3) The intention of the owner to utilize this space was indicated
on the original plans. (4) A house with the framing and gypsum
board described above was built with City approval directly across
the street at 6510 Sewannee in 1988. Mr. Wittenberg also provided
a copy of the City approved plans for the house at 6510 Sewannee.
(5) The City of Houston allows rooms in the attic of two story
house limited to 500 S.F. if approved by an engineer.
Mr. Wittenberg explained that the second page is a summary of
~ requirements for such a modification to a structure in a number of
communities including-the City of Houston, Alvin, Pearland, Piney
~ Point, Bellaire etc. He further explained that the summary
includes a list of contacts that they spoke to at each of the
municipalities and the~codes that they were using. Mr. Wittenberg
explained that the third column contains what would be required if
.
• a similar project were to be built in an existing house in their
respective communities.
Drew McManigle, Chairman asked Mr. Wittenberg if he was the
architect for the original house. Mr. Wittenberg stated he was.
Mr. Wittenberg explained that the plans were done in 1988. The
house was started in 1989 and finished in August of 1990 and
occupied sometime in 1990. Mr. Wittenberg stated in the fourth
column indicates whether an evaluation or letter from an engineer
is required certifying the structure is safe for third floor
construction.
Mr. Wittenberg explained that the fourth page is a combination of
the plan that is presently proposed and a side elevation showing
what the plan entails. It shows an addition on the right hand
side of the exit and balcony added per Building & Standards
suggestion. He explained that these are the only changes made to
the plans since the July 1993 Building and Standards Commission
meeting. On the elevation on the left of the tall chimney at the
rear of the house it shows a projecting roof and small balcony
which would be the location of balcony exit. Mr. Wittenberg
explained that the next page shows the original elevation that was
submitted in July. The following page shows the addition of the
doors on the balcony at the rear of the house that were added for
• fire safety reasons. The last pages show the framing plans and
how the stairway will be extended if the application is granted.
Dennis Holm, Chief Building Official gave the City's point of view.
Mr. Holm explained that in 1988 and 1990 anything above a two
story structure has to be one hour protected. He explained that
he could not give a reason that why anything was approved that did
not meet the code that was in existence at that time. The code
allows a two story structure to have regular sheetrock, but once
you go past that second story the entire house has to be provided
with one hour protection and Type VI structural framing. The
bottom floor has to have double studs or two by sixes. Mr. Holm
explained that those are two important safety items.
Mr. Wittenberg explained that the previous building inspector
a told him that for some reason that provision of the code was not
enforced in West University and because of that several houses
were built that had the third floor attic room. Mr. Wittenberg
stated that they would have done these things in the house had
they had been aware that this provision of the code was being
enforced and would be enforced in the future. It was his
understanding at the time that it was allowable to build the
attic. They furnished the 6510 Sewanee plans to demonstrate that
condition. Mr. Wittenberg explained that had they known that
would have done things differently, but now that are in a tough
position because the house has been constructed. Mr. Wittenberg
. explained that they have an engineer who is prepared to write a
letter certifying the structure would be safe for the additional
room on the third floor. They would submit the letter with their
application for a building permit.
~ Chairman Drew McManigle explained that when this first came before
the Board their concern was the safety standpoint and non-
compliance with the building code. The Building and Standards
Commission had found a number of discrepancies from the previous
Building Official before Mr. Beasley. Instances were found where
the building code was simply not enforced consistently. In those
cases the Building and Standards Commission has made exceptions if
the party who was requesting the variance was more than meeting
the obligation or the existing code at the time. As an example,
there were several sets of plans that were approved by the
building official prior to Mr. Beasley that were simply out of
code. The applicants came to the Building and Standards
Commission when Mr. Beasley was there, because the house did not
meet a specific code section. They were looking for a variance or
Certificate of Occupancy or another reason. The Commission at the
time took the position if the City regardless of motion, intent or
anything else had approved a set of plans in good faith, the
builder had built the house, and the people who involved in the
process had done what they thought was the appropiate decision.
The Commission granted the variance based on the petioners
compliance with Code.
Roy Harper stated that item 1 on that document shows that attic
• rooms were allowed with 2 x 4 framing and 1/2" dryway. He stated
that Mr. Holm had said that this was not the case, he asked if
this was allowed by virture of non-enforcement of the Building
Official at the time or in Mr. Wittenberg's judgement did the code
allow for the conventional 2 x 4 framing and 1/2" drywall?
Mr. Wittenberg stated he could not give a good answer that
question, but several sets were submitted and the attic
construction was approved. Mr. Wittenberg further stated that he
was not familar enough with the history of the code to know of any
changes. Mr. Wittenberg said he assumed that Mr. Holm was correct
and this is just an issue of non-enforcement. Mr. Perry had
approved this particular set of plans.
Les Albin explained that at the time that these plans were
approved, he was building in West University that Mr. Wayne Perry
the former Building Official before Mr. Ed Beasley required an
exterior stairway to the ground when the third floor was being
built out. Mr. Perry did allow 1/2" sheetrock throughout and Mr.
Perry depended on the engineers opinion as the whether it was
adequate for a third floor. Mr. Albin stated that this was one
thing that changed after Mr. Perry was no longer the Building
Official.
~
• Mr. Wittenberg stated that at some point Mr. Perry required that a
second stair always be provided, however in this case and at 6510
Sewannee that was not the case.
James Todd asked what the fire rating difference between 1/2"
sheetrock and 5/8" sheetrock. Mr. Holm stated that 1/2" sheetrock
is 20 minutes and 5/8" is 40 minutes. Mr. Holm explained that
with the 5/8" you get your one hour and with 1/2" you get your
half hour.
Les Albins stated that in the presentation that the applicant was
willing to investigate additional fire protection measures.
Mr. Wittenberg explained that during the open discussion that was
one of the items discussed and that the focus was more on
contacting other muncipalities to see what there requirements
were.
Jim McDaniel stated that there seemed to be two issues: safety and
structural. The comparision to other building regulations appears
to deal only with the structural requirements. Mr. Wittenberg
explained that they asked both questions. Mr. Holm asked if all
the city contacts were with the Building Officials or office
personnel. Mr. Wittenberg explained that they attempted to speak
~ to Building Officials in all cases, but some contacts were only
office personnel who answered the questions.
Roy Harper expressed his concerns about the life safety issues in
regards to the open stairway from the first floor to the third
floor.
Roy Harper made a motion to approve the variance to allow the
build out of the third floor and make the modifications necessary
to provide adequate life safety issues and based on that the
premise that the structural and foundation issues are signed off
by a registered structural engineer and a thorough inspection of
the heating and ventilation be made by the Building Official.
This motion was seconded by James Todd.
Voting aye: Roy Harper, Evelyn Dravis, James McDaniel, James
Todd, Craig Hughes and Drew McManigle.
Voting no: Les Albin.
The Board Members reviewed the rough draft copy of the amendment
for changes for foundations. Drew McManigle stated that with the
exception of language changes and the deletion of the photograph
requirement the language was acceptable. Roy Harper stated that
he had not been able to attend the workshop and he felt he was not
ready and willing to vote on the draft. After some brief
~ discussion it was decided to take this to Jim Dougherty, City
Attorney and have it re-drafted and then after the new draft is
ready and call for a special meeting.
Les Albin made a motion to adjourn the meeting. Roy Harper
seconded the motion.
All voting aye.
• The meeting adjourned at 7:45 p.m.
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ce-Chairman
Attest:
Secretary
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