to: Mayor and Town Council
from: Ralph D. Karpinos, Town Attorney
subject: Options to Exempt 109-111 E. Franklin Street from Sprinkler Requirements
date: October 15, 2008
The purpose of this report is to provide options for the Council in the event the Council wishes to allow the structure at 109-111 East Franklin Street to be occupied without providing an automatic fire sprinkler system.
Included with this agenda item is the report from the Fire Chief and Fire Marshal to the Town Manager responding to a petition requesting relief from Town Code provisions requiring sprinklers to be installed as part of a renovation of the property at 109-111 East Franklin Street.
The written petition requests that the Council grant a variance from the provisions of Section 7-56 of the Town Code. At other times the petitioner has indicated he is requesting an interpretation by the Council, contrary to the reading of the Code made by the Fire Department and Town Attorney, to the effect that the provisions of Section 7-56 are not applicable to the property at 109-111 East Franklin Street based on the value of the property and cost of the renovation project.
DISCUSSION
There is no provision in the Town’s current sprinkler requirements that affords the option for the Council to grant a variance from the requirements of the ordinance provisions. Attached is a draft amendment to the Town Code which would provide the option for the Council to issue exceptions to the sprinkler requirements. Also attached is a resolution, if the Council chooses to adopt it, which would grant such a variance for this project.
With respect to the alternative of the Council “interpreting” the code so that it does not apply to this property, it is my recommendation that the Council not consider this option. I believe that if the petitioner does not agree with the staff interpretation that the current Code provisions apply to his property the proper recourse would be for him to seek review in the Courts. I do not believe it is appropriate for the Council, as a legislative body, to assume the role of overruling an administrative interpretation of an ordinance.
In the event the Council determines that in this particular case the property should not be required to install a sprinkler system, the attached ordinance and resolution would give the Council the option of doing so.
That the Council consider the accompanying report from the Fire Chief and Fire Marshall and take such action in response to this petition as it deems appropriate.
1. Draft Ordinance to amend Chapter 7 of the Town Code (p. 3).
2. Draft Resolution to Grant a Variance from the Chapter 7 of the Town Code (p. 4).