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BO letter.pdflie I S0) June 1, 2006 CITY OF EDMONDS 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425) 771-0220 • FAX (425) 771-0221 a Website: www dedmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT Planning • Building • Engineering Mr. Van G. Tormohlen, Architect 6529 77t" Avenue Southeast Snohomish, Washington 98290 RE: Crozier Building @ 420 5th Avenue South VIA FACSIMILE Dear Mr. Tormohlen, GARY HAAKENSON MAYOR Thank you for your letter of May 17, 2006. Before I address the code issues that you have referenced in your letter I am concerned that some of your statements suggest that Mr. Crozier has already made improvements and/or moved new tenants into spaces that would have required permits and/or advanced City occupancy approval. If this is the case Mr. Crozier shall immediately identify to the City in writing, which tenants are a change of occupant group/use based on the last permitted occupancy approval for each space and also indicate what work has been performed without first obtaining a building permit. No further construction work may be performed on his building until a valid building permit is issued. Regarding existing buildings, as you may know the State Building Code Council is considering adopting the 2006 edition of the international Existing Building Code (IEBC) in July of 2007. Public hearings this summer may provide an early indication of whether or not the Council will adopt this code which may ultimately address some of your building code issues. In the meantime, International Building Code (IBC) Section 104.11, entitled Alternate. Designs allows the Building Official to consider alternate materials, designs and methods for code` equivalency, for example using the IEBC in lieu of the IBC or reviewing a floor --ceiling assembly that has not been specifically tested, etc. However, please be advised, an alternate' design request requires the design professional demonstrating that in his/her professional opinion, equivalency to the code requirement is met with the proposed alternate design. Sometimes equivalency is proven with testing and/or reports by certified individuals. The Building Official reviews the request and concurs or disagrees with the argument of code equivalency. As with all alternate design requests the City suggests that property owners consult with legal advisors and their insurance company regarding liability associated with alternate designs. If you wish to submit an Alternate Design Request the fee for such review is $180.00. • Incorporated August 11, 1890 Sister City - Hekinan- Javan Mr. Tormohlen June 1, 2006 Page Two I Concurrently, using IBC 3406.1 the design professional should specifically indicate which requirements of the code should be exempt and again provide statements supporting the reasoning. The change of B2 occupancy to B & M occupancies occurred in the 1994 edition of the Uniform Building Code, not the 2003 IBC; however, the 2 hour fire barrier requirement was introduced in the 2003 IBC. The 2003 IBC is the current adopted code by the State and City and is the code which Mr. Crozier's project is subject to. The basis for the fire barrier requirement between B and M occupancies is primarily because mercantile occupancies normally involve certain quantities of combustible merchandise and the fuel load is considered to be substantially higher than an office. This higher degree of fire hazard is certainly a key reason for the code requirement and for added protection between M and other occupancies. Also, M occupancy customers are less familiar with the means of egress systems as opposed to an office building primarily occupied by regular employees. The non -separated uses section attempts to address mixed use occupancies up to a certain area in size. Lastly, for clarification, Ms. Bullis did not suggest to you to write a letter to the City Building Official rather when you wanted to discuss basing the use on previous codes rather than current code, she informed you that your could write a letter to the Building Official explaining your position. She also explained the alternate design review process. During her reviews on this project she has continually and correctly identified current IBC code issues that are affected by Mr. Crozier's proposal. Sincerely, G,""" Jeannine L. Graf Building Official Cc: Philippe Crozier