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06/20/1991 MUNICIPAL CODE ENFORCEMENT BOARD Emergency Meeting June 20, 1991 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman D. Wayne Wyatt Louise C. Riley Absent: Robert Aude (excused) William Zinzow (excused) John McKinney (resigned) Also present: Paul Richard Hull, Assistant City Attorney Andy Salzman, Attorney for the Board Cynthia E. Goudeau, Secretary for the Board The meeting was called to order by the Chairman at 3:05 p.m. in the Commission Meeting Room in City Hall. He outlined the procedures and advised any aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County. Any such appeal must be filed within thirty (30) days of the execution of the order to be appealed. He noted that Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings to support such an appeal. PUBLIC HEARINGS Case No. 38-91 Sunburst Fireworks Inc. a/k/a Phantom, Inc. Dennis A. Sorce, Secretary/Treasurer 2416 Gulf to Bay Blvd. (Standard Building Code/Land Development) The Chairman asked Mr. Sorce, representing Sunburst Fireworks, whether or not they agreed with the violation. Mr. Sorce indicated they disagree. Tom Chaplinsky, Construction Supervisor, indicated he inspected the premises after being notified by the Fire Marshal's office that the main business at this establishment was the sale of fireworks. He stated fireworks being in a building creates a special hazardous condition. He inspected the establishment on June 17 and found two types of fireworks - 1) sparklers displayed in the main showroom and 2) the aerial type firecrackers displayed in the back room. He stated the building does not have an automatic fire sprinkler system. Government exhibits A & B, photographs of the two rooms where the fireworks are displayed, were submitted into evidence. Mr. Chaplinsky indicated both of the photographs show the ceiling of the establishment, and no sprinklers are shown. Mr. Chaplinksy reported he discussed this with Vic Chodora, Building Official, and they determined a special hazardous condition did exist. They wrote the notice of violation, served it on the business on June 17th and gave them until 5 PM on June 18th to comply. In response to questions, Mr. Chaplinsky indicated that the establishment had previously been an auto supply store. He stated that when the present license was requested, a general and specialty items business license was applied for with no mention having been made of fireworks. He stated if fireworks had been mentioned, they would have inspected the building prior to issuing a license. Mr. Chaplinsky further reported the entire building would need to be sprinklered. John McKay, Attorney representing Phantom, Inc., asked Mr. Chaplinsky if he was aware of the difference between sparklers and fireworks. Mr. McKay indicated state statute 791 provided a definition. Richard Hull, Assistant City Attorney, objected to the use of the definitions in F.S. 791 stating that statute had to do with the criminal sale of fireworks, who could sell them and who could not, and was not a part of the building code. Further discussion ensued regarding the difference between the sparklers and the class C fireworks, whether or not a hazardous condition existed, and whether or not there had been a change in occupancy which would require the installation of the sprinkler system. Mr. Chaplinsky indicated in Chapter 4 of the Standard Building Code there is no quantity listed, but just having fireworks is considered hazardous. In response to questions, Mr. Chaplinsky indicated he had discussed this situation with Mr. Bruce McLaughlin and he indicated what his intentions were regarding citing the establishment. Questions were raised regarding whether or not Mr. Chaplinsky was aware of other fireworks displays in other establishments throughout the City; and he indicated he had seen none so far this year. He further stated he was unaware of federal regulations or state statutes regarding fireworks. Harry Mattheus, Life Safety Inspector, indicated he had met with Mr. Sorce and Mr. McLaughlin to discuss their business. Defendant's exhibit E, a letter from Mr. McLaughlin to Harry Mattheus, was submitted into evidence. Mr. Mattheus stated the letter does not accurately depict the meeting which was held, stating he had never indicated there was a four hour fire wall and he did not say they met code. In response to further questions, Mr. Mattheus indicated Phantom was an end unit in a strip store with a vacant business immediately next door. He stated he could not attest to whether or not the wall between the businesses was a four hour fire wall. He indicated there is a difference between class C fireworks and sparklers in Florida statutes 791. Mr. Hull, Assistant City Attorney, again objected to the use of F.S. 791. In response to further questions, Mr. Mattheus indicated there were a number of fire extinguishers and no smoking signs in the establishment above and beyond a regular mercantile business. He stated the exit signs were not up when he was in, and he was shown an emergency light which he was told would be installed. Further discussion ensued regarding the use of the definition of a firework contained in Florida statutes 791. Andy Salzman, Attorney for the Code Enforcement Board, stated there is no definition of fireworks in the City code, and the Board will have to decide what they consider to be fireworks. Defendant's exhibit H, a copy of Florida statutes 791 was submitted into evidence. In response to questions from the Board, Mr. Mattheus indicated he found fireworks present and, as far as the Fire Department was concerned, this was considered a special fire hazard. Discussion ensued regarding the physical layout of the strip center, with it being indicated that the space occupied by Phantom has four rooms plus a bath, with an open doorway to the back room where the class C fireworks are stored. In response to questions, Mr. Mattheus indicated they had looked at the code and, according to the Life Safety Code and fire prevention measures, sparklers are more hazardous than standard mercantile items. Peter Ferguson, Architect for Phantom, Inc., stated the space Phantom, Inc. occupies is a separate structure as it was a later addition to the strip center. In response to a question, he did indicate that it shared a common wall with the rest of the strip center. It was his opinion the wall between Phantom, Inc. and the vacant space next door was a four hour fire wall. Mr. McKay, Attorney for Phantom, Inc., stated he wished to clarify that the code stated if the materials were stored or handled or in a quantity that was hazardous to the occupancy, the sprinkler system would be required. He stated there has been no change of occupancy in this building. Dennis Sorce, Secretary/Treasurer of Phantom, Inc., stated he has been with Phantom, Inc. since May of last year. He stated the name was changed from Sunburst Fireworks; however, the State had not processed the change as yet. Defendant's exhibit C, pictures of various stores along Gulf-to-Bay Boulevard showing fireworks displays, and defendant exhibit D, the Phantom, Inc. store, were submitted into evidence. He stated those articles being depicted in exhibit C are the same types of articles he sells in his store. He further stated the fireworks displays in the other stores are more dense than the density in his store. Mr. Sorce indicated when he met with Mr. Mattheus he offered to put in the sprinkler system. At that point, Mr. Mattheus wanted this done immediately, and he said he would begin immediately after July 5th. He stated he is still willing to do this as he has a fifteen year lease with options on the building. Defendant's exhibit F, a letter from Dr. Conkling, an expert on fireworks was submitted into evidence. Mr. Sorce indicated he does not store class C fireworks at this building, but only has some displays. People wishing to buy the class C order them and they are delivered from another location. In response to a question from the Board, Mr. Sorce indicated he would want to remove all the materials, sparklers and fireworks, prior to installing the sprinkler system as they would need to be welding pipes. In response to further questions from the Board, Mr. Sorce did indicated that fireworks and sprinklers are seasonal and, after the 4th of July, he would have considerably less of these materials in his store. He stated, however, he wanted to have some in the store year-round. In response to a question, he also indicated that, while he only leases the building, he is still willing to put in a fire sprinkler system. Bruce McLaughlin, Planning Consultant for Phantom, Inc., stated he helped Phantom find the location for this establishment and made the determination that the quantities of the fireworks were not sufficient to be a hazard. He stated there was no change in use. Defendant's exhibit G, Mr. McLaughlin's resume, and defendant's exhibit I, the requirements for general commercial zoning from the City Code, were submitted into evidence. In his closing statement, Assistant City Attorney Hull stated the evidence and exhibits bare out the violation. The sparklers and fireworks are flammable and dangerous and, therefore, a hazard. He stated the definition of fireworks in Florida statutes 791 is not pertinent as it regulates the sale of these items and has nothing to do with the building code. He stated there are alternatives to installing a sprinkler system that requires welding. It is the City's position that they want removal of the hazard immediately. In response to a question, Mr. Hull indicated that while they did not feel there was imminent danger, they felt three days to comply was sufficient. In his closing statement, Mr. McKay indicated two or three days to comply was not reasonable. He stated Mr. Sorce and Phantom, Inc. have spent a lot on this establishment. He further stated the code says there is no sprinkler required if there is no change of use. He stated there is a difference between fireworks and sprinklers, and the fireworks are contained in only 15 percent of the building. There are no guidelines in the code regarding the quantity that would be considered hazardous. Phantom is willing to work with the City; they are only asking a reasonable time with which to comply. In response to a question regarding what would be a reasonable time, they stated it would take three to four weeks to install the sprinkler system. The public hearing was closed and the Board discussed the case. Mr. Cardinal moved that concerning Case No. 38-91 regarding violation of Sections 137.007 and Standard Building Code 103.9, 408.3.2 & 408.2.5 as adopted by Section 138.01 of the Clearwater City Code on property located at 2416 Gulf to Bay Blvd. a/k/a Parcel #18-29-16-00000-130-0200, the Municipal Code Enforcement Board has heard testimony at the Emergency Municipal Code Enforcement Board hearing held the 20th day of June, 1991, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of Law and Order. The Findings of Fact are: after hearing testimony of Tom Chaplinsky and Harry Mattheus, Inspectors, Peter Ferguson, architect for Phantom, Inc., Dennis Sorce, Secretary Treasurer of Phantom, Inc., and Bruce McLaughlin, Planning Consultant for Phantom, Inc., and the evidence submitted: exhibits A-I - including various photographs of the business, a letter from Mr. Mclaughlin to Inspector Mattheus, and a copy of Florida Statute 791; it is evident that the establishment contains fireworks that would require that this location be classified as a Class H occupation and requiring an automatic sprinkler system. The Conclusions of Law are: Dennis A. Sorce and/or Sunburst Fireworks Inc. a/k/a Phantom, Inc. are in violation of Standard Building Code Sections 408.3.2 & 408.2.5 as adopted by Section 138.01 of the City Code. It is the Order of this Board that Dennis A. Sorce and/or Sunburst Fireworks Inc. a/k/a Phantom, Inc. shall comply with Standard Building Sections 408.3.2 & 408.2.5 as adopted by Section 138.01 of the Code of the City of Clearwater within 30 days. If Dennis A. Sorce and/or Sunburst Fireworks Inc. a/k/a Phantom, Inc. do not comply within the time specified, the Board may order them to pay a fine of $150.00 per day for each day the violation continues to exist. If Dennis A. Sorce and/or Sunburst Fireworks Inc. a/k/a Phantom, Inc. do not comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real or personal property owned by the violators pursuant to Chapter 162, Florida Statutes. If the violation concerns real property, the recording of a certified copy of this Order shall constitute notice to any subsequent purchasers, successors in interest or assigns of the violation and the findings in this Order shall be binding upon any subsequent purchasers, successors in interest or assigns of the real property where the violation exists. Upon complying, Dennis A. Sorce and/or Sunburst Fireworks Inc. a/k/a Phantom, Inc. shall notify Tom Chaplinsky, the City Official who shall inspect the property and notify the Board of compliance. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. Any aggrieved party may petition the Board to reconsider or rehear any Board order resulting from a Public Hearing. A Petition for Rehearing must be made in writing and filed with the Board Secretary no later than thirty days after the execution of the order and prior to the filing of any appeal. Upon receipt of the Petition, the Board will consider whether or not to reconsider or rehear the case. The Board will not hear oral argument or evidence in determining whether to grant the Petition to Reconsider or Rehear. The motion was duly seconded and carried unanimously. The meeting adjourned at 5:20 p.m.