LP-014 - Laserfiche WebLink

Home Browse Search

-3- The result is that it appears to us that at this time if occupancy of the building in question were not allowed until the sprinkler system were installed, it would be many months before the applicant could occupy;the building. Section 404:26, Subd. 3, of the City Code allows the City Council to authorize issuance of a temporary certificate of occupancy "without the requirements of Section 404:26, Subd. I, being fulfilled in their entirety." The wording does not prohibit issuance of a temporary certificate of occupancy when the building itself is only partially completed. We have, however, in the past used this provision primarily, in fact possibly exclusively, in situations where the external site work was all that remained to be completed. In addition, it should be noted that Chapter 2 of the Uniform Building Code also allows the building official to issue temporary certificates of occupancy for parts of buildings when the building is not yet totally complete. While this particular chapter of the Building Code happens to be involved in the questions which we have directed to the state Attorney General its existance illustrates the intent of the writers of the Code that some provision be made for temporary certificates in cases where this appears justified by the circumstances. There appears to be authority then within both the City Code and the Uniform Building Code for issuance of temporary certificate of occupancy in this case. Our substantive questions regarding the adequacy of fire protection, however, must be answered.' In the past we have been very careful in .regard to fire protection issues and we would not propose that we alter this approach in this case. Among the factors which should be considered are: 1. There are functioning fire hydrants available on both sides of the building. 2. The applicant will only be occupying approximately half of the floor space of the factory building. This will reduce the potential hazard that will exist in this interim period. The office building is not required to be sprinklered and could be occupied at any time it is complete and site work is complete. 3. The applicant does not use in its business any particularly hazardous products or materials. There is a considerable amount of bulk storage of paper as most of the applicantls product is made of paper. However, bulk paper does not burn readily.