HomeMy WebLinkAboutItem 6a. Discussion of future Study Session Topics Item 6a
Construction Board of Appeals
Agenda Report
For Agenda of: 12/5/2024
Item Number: 6a
FROM: Michael Loew, Deputy Director/Chief Building Official
SUBJECT: DISCUSSION OF FUTURE STUDY SESSION TOPICS
RECOMMENDATION
Provide staff direction on whether the board would like to make recommendations to the
City Council regarding previous matters that have appeared before the board.
Policy Context
The Construction Board of Appeals Bylaws state:
ARTICLE 11. REFERRAL TO CITY COUNCIL After the conclusion of the hearing on
the request, all decisions and findings shall be made in writing to the City Council with a
duplicate copy to the appellant. The Board may recommend such new legislation as
may be necessary
DISCUSSION
Staff recommends holding future study sessions to discuss the specific code sections
relevant to the following past public hearings:
1) On May 16, 2023, The Construction Board of Appeals adopted a resolution entitled:
“A RESOLUTION OF THE CONSTRUCTION BOARD OF APPEALS OF THE
CITY OF SAN LUIS OBISPO, CALIFORNIA, DENYING THE APPEAL OF
WARREN FERRIS, ON BEHALF OF THE RICHARD W. & SHARLISS S. FERRIS
TRUST, AND UPHOLDING ADMINISTRATIVE CITATION NO. 25409.”
The board was asked to determine whether the administrative citations issued by
staff should be upheld. The primary concern for the board was the claim made by
the Appellant that the waterway in which the retaining wall system was constructed
is a ditch that was arbitrarily re-designated as a creek at some point in history. The
board ultimately upheld staffs’ citations.
2) On August 8, 2023, the Construction Board of Appeals rendered a nondecision for a
public hearing item. It was considered a nondecision because the board voted 2-2,
resulting in the Chief Building Official’s decision being upheld. The matter being
considered was to determine whether the Building Official and Fire Marshal were
appropriately interpreting Section 15.04.020, subsection U, 903.1.1.4, which states:
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Item 6a
“903.1.1.4 Change of Use. An approved automatic fire sprinkler system
shall be installed throughout an existing building where there is an
occupancy classification change for the floor area exceeding 1000 square
feet. The provisions of Section 3406.1 shall not eliminate the requirement
for an automatic fire sprinkler system.”
Exceptions:
1. An attached Group U occupancy changed to a Group R, Division 3, occupancy,
provided the building was constructed before July 7, 1990, and there is no
increase in floor area.
2. Occupancy classification changes to Groups F, M, S, and U from an equivalent
category as defined in previous editions of this code.”
The board became conflicted in the matter when the Appellants brought examples of
past enforcement practices for this section that gave the appearance of inconsistent
enforcement over time. However, the local requirement to add sprinklers in existing
buildings has been in the City’s Municipal Code since the early 1990’s.
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