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July 9, 2002
4:30 P.M. - Community Planning & Development Conference Room
MEMBERS PRESENT:
John F. Milan, Chairman
Robert R. Appelgate
Michael Rohr
William F. Smith
John M. Suess
Michael R. Carollo
James Hatcher, alternate
George L. Sogan, alternate
MEMBER ABSENT:
Philip P. Kyburz
STAFF PRESENT:
Dan Nickle, Codes Administrator
Paul Kennebeck, Deputy City Attorney
Berta Szarzi, Secretary
OTHERS PRESENT:
Dennis Mateski, architect and builder/owner.
1959 S. Lake Road.
Lakewood, 80227
The Chairman called the meeting to order, roll was called and a quorum was confirmed.
APPROVAL OF MINUTES:
Mike Carollo moved to approve the minutes of June 4, 2002 and John Suess seconded
the motion. The motion passed unanimously.
Case # BA-02-001
Dennis Mateski
1959 Lake Road
Lakewood, 80227
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The Chairman called case BA-02-01 and reminded members they voted to continue this case for legal interpretation of the administrative provision of the UBC (Uniform Building Code). In addition, to determine if the Board of Appeals has jurisdiction over the issue that builder/owners be allowed to perform inspections the City requires to be preformed by disinterested third parties. He reminded members the applicant is requesting a determination that building designers be allowed to perform the special inspections required in Chapter 17 of the 1997 Uniform Building Code.
Dan Nickle introduced Deputy City Attorney Paul Kennebeck who explained the legal interpretation over this matter.
Mr. Paul Kennebeck stated in Chapter 1 - Administration, Section 108.5 reads, required inspections by the city are set forth. Under Section 108.7- Other Inspections, the building official may make or require other inspections of any construction work to comply with code provisions. Mr. Kennebeck said Chapter 17-Special Inspections; the special inspection refers to specific types of inspections, e.g. concrete, connections etc. He stated this case would not fall under Chapter 17-Special Inspections. Therefore, the Board must refer back to Section 108.7-Other Inspections. Mr. Kennebeck stated under Section 108 this case would fall under an administrative issue and limits the Boards authority. He said Section 105.2 of the UBC reads, The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.
Dan stated that as a building official, it is his responsibility for building inspections. In Chapter 17 for certain types of special inspections, some of the language states that the owner, architect, or engineer of record shall employ special inspectors; and this issue is covered by Section 108, Chapter 1 administrative chapter of the building code.
Mr. John Suess made the motion that the board denies this request. Mr. Michael Rohr seconded the motion. The motion passed unanimously.
OTHER BUSINESS:
Mr. Nickle stated he would submit the 2000 International Codes with amendments (Title 14) to City Council.
Mr. Rohr made the motion to adjourn the meeting at 4:35 and the motion was
seconded by Mr. Carollo.
Berta Saracino - Szarzi, Secretary
Lakewood Board of Appeals
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