Building Code Board of Appeals Minutes 2017 05 25

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Building Code Board of Appeals Meeting Minutes May 25, 2017 Page2of5 • Code R311.7.2- Headroom: Alter staircase to comply with code recommendations. ➢ Applicant: Dan Irlbeck Staff Report of Facts and Issues: Staff presented additional information related to the appeal case at 1610 Circle Drive that the Building Code Board of Appeals originally reviewed on March 16, 2017. This case relates to an appeal of an interpretation of Sections 102.7 and R311.7.2 of the 2012 International Residential Code. The applicant contends that the current condition of a staircase with 6'0" headroom should be allowed as an existing condition that is part of a basement renovation and altering the staircase to comply with minimum headroom requirements is not a technically feasible option. Following the original Board review and determination on March 16, 2017, the applicant requested that staff visit the site to review possible solutions. The City's Interim Building Official, Bill Clayton, CBO conducted a site visit and met with the owner and the owner's architect. Mr. Clayton evaluated the site conditions, additional information provided by the applicant, and additional sections of the 2012 International Residential Code and International Building Code relevant to the case. Mr. Clayton finds that City's adopted building codes support maintaining the current condition of the staircase without modification and recommends reversing the previous decision requiring a minimum 6'6" of headroom. Article IX, Section 14 of the Building Code Board of Appeals Bylaws allows for rehearing of an appeal case if there is a substantial change in facts subsequent to the original hearing. In this case, staff finds that there has been a substantial change in facts and recommends that the Board conduct this rehearing. Clayton was asked to visit the site to determine if there were any possible solutions. During the visit, he found information that was not presented at the time of the previous Board of Appeals Hearing. The new information includes the following: A statement and evidence found that the basement was previously finished prior to the current owner. The stairs are existing and have not been modified in any manner since the original permitted installation. Chapter 1 of the International Residential Code states in Section 102.7, "The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is deemed necessary for the general safety and welfare of the occupants and the general public." The stair headroom is below the minimum code requirement but was allowed at the time of the original construction back in the 1960's and does not pose a threat to the occupants safety or welfare but more of an inconvenience. As such they can be allowed to remain as originally installed and meet the intent of this code section.