Substandard Retail Building

[Alias]

Okay folks, which code should I use - IPMC, CA H&S, or ?

I went out on a call last week from the tenant about problems with the old bowling alley which has morphed into a thrift/craft store. The place IS a fire trap; no ifs,ands, or buts about it. Owner has built a wall bisecting the building that has completely cut off the second exit and locked the existing required back doors. Existing illuminated FIRE EXIT sign does not illuminate. It gets better, the electric is a nightmare. To turn on the lights, you have to turn on the breakers in the kitchen area. That coupled with numerous open j boxes, extension cords, power strips and plug in florescent lighting made me want to go run screaming out of the building.

Now, here is the kicker. Fire Chief and new Fire Marshal went over and inspected building at tenants request. Fire Chief gave her a letter stating the building can't be occupied due to lack of required exiting and sign. Tenant gave it to her landlady, landlady's comment was the Fire Chief could stick it, she was reopening her business. Uh Oh........:devil

Fire Chief called me and we went over a few minutes ago, no one was there.

This last week on the job is getting interesting.......

Sue

 

[fatboy]

Section 108 IPMC, probably could use 3 or 4 specific Sections, then if you don't get cooperation, use 108.2.1 to drop the utilites.

 

[Alias]

fatboy,

Thanks, I've done many substandard residential, haven't done a commercial in a half dozen years. Codes have changed......

Sue

 

[mark handler]

Health and safety code*section 17920-17928

 

[fatboy]

"Thanks, I've done many substandard residential, haven't done a commercial in a half dozen years. Codes have changed......"

And it's probably really hard to get revved about one on your final week.........I'd leave it for the next inspector myself........

 

[globe trekker]

Sue,

Agree with the other esteemed Forum members! Legally "post the property" as a hazard,

chain the doors shut, send legal notification to Ms. Sunshine and wait for response. If

no response within XXX days, then cut utilities off, with fines, ...or, since this is your last

week, simply pass it on to the "powers that remain".

I highly recommend that you step off of the rolling train wreck that you have been

employed at, and move on to other, better environments.

.

 

[cda]

We have an admendment that we can pull power

Or daily ticket if you can write one or if FD can

 

[Alias]

"Thanks, I've done many substandard residential, haven't done a commercial in a half dozen years. Codes have changed......"And it's probably really hard to get revved about one on your final week.........I'd leave it for the next inspector myself........

fatboy,

If there were to be another person to handle this after I leave, I would. County guy has already told everyone that he will not have time to handle substandard building complaints. So, this is my final parting shot over the bow before I leave. Let the good old boys twist in the wind. They will have to deal with "Ms Sunshine". :devil

Sue

 

[Mark K]

In California substandard building means something specific. I believe these provisions, see reference from Mark Handler, apply only to residential buildings.

If a building that is classified as substandard and if the owner does not correct the problem, the laws pretty much requires the local government to take possession of the building, have the work done to correct the problem, place a lean on the building to recoup the cost, and if necessary collect rent on the building to pay what is due. This is not something you do for minor problems.

 

[Alias]

We have an admendment that we can pull powerOr daily ticket if you can write one or if FD can

I'm waiting to hear from the Fire Chief. The more I look at the pictures, the more I want to cut the power.View attachment 709

View attachment 710

View attachment 711

These are just a few. I'll post a few more later.SueView attachment 709

View attachment 710

View attachment 711

/monthly_2013_05/572953c81e5fb_119S.Main004.jpg.fdfdd34719d0a94bf8e4cf94739a428b.jpg

/monthly_2013_05/572953c822f36_119S.Main037.jpg.702c28e3b062e266d9c9b0b77fb5eb60.jpg

/monthly_2013_05/572953c82694b_119S.Main071.jpg.6b1a86d61368bafb7d0ffacab11f0933.jpg

 

[Mark K]

Regarding the statement by the county guy that he will not have time to deal with substandard building complaints.

I realize that the building official has great discretion into how he performs his duties but can he really decide that he will not perform an essential function such as complaints regarding buildings that are unsafe. Suggest that the city or a concerned citizen request the court to issue a writ of mandamus compelling the county guy to perform his duties.

 

[Alias]

Mark K,

County guy will be doing substandard inspections at some point, we've talked about it. He will not be doing what I refer to as nuisance abatement - trash, litter, junk cars, etc. on properties, nor will he be dealing with the fence wars.

Sue

Regarding the statement by the county guy that he will not have time to deal with substandard building complaints.I realize that the building official has great discretion into how he performs his duties but can he really decide that he will not perform an essential function such as complaints regarding buildings that are unsafe. Suggest that the city or a concerned citizen request the court to issue a writ of mandamus compelling the county guy to perform his duties.

 

[Alias]

In California substandard building means something specific. I believe these provisions, see reference from Mark Handler, apply only to residential buildings.If a building that is classified as substandard and if the owner does not correct the problem, the laws pretty much requires the local government to take possession of the building, have the work done to correct the problem, place a lean on the building to recoup the cost, and if necessary collect rent on the building to pay what is due. This is not something you do for minor problems.

I looked at H&S code and yes, it is more specific to residential but when I parsed it closely, I noticed that it states "17920. Any building or portion thereof including (my highlight) any dwelling unit, guestroom or suite of rooms....."

I read this to mean non-residential as well as residential. I think that this code section is poorly worded and should have separated non-residential and residential into two categories.

Anyway, hit her with just the 2009 IPMC.

Sue

 

[Alias]

Well, it's been awhile. I heard from 2 sources that this particular building has been sold. The "new owner" has moved his thrift store into the building. This is the third "sale" of this property by the Ms Sunshine that I know about. Original buyer claims she still owns it. Can you say legal mess?

I emailed my former boss and he confirmed that the building has been sold. I have warned him about occupying the building without required repairs.

I do not have a copy of the IPMC. Could someone give me the section(s) referencing the steps needed to get a new C of O for the building? As much as I don't miss the good ol' boys, I also don't want to see my former boss hung out to dry if something bad happens.

Thanks,

Sue

 

[fatboy]

Did you have the Existing Building Code adopted? That's the path if you are going at the C.O. angle, the IPMC is silent on C.O.'s.

Section 10 requires a new C.O. for change of Occupancy, and the entire Chapter 10 describes what needs to be done.

You are a nice person to still be involved with this, classy.

 

[JBI]

http://publicecodes.cyberregs.com/icod/index.htm

 

[kilitact]

Kick this back to the fire people, they can shut this down now.

" Fire Chief and new Fire Marshal went over and inspected building at tenants request. Fire Chief gave her a letter stating the building can't be occupied due to lack of required exiting and sign.

SECTION 110 UNSAFE BUILDINGS

110.1 General. If during the inspection of a premises, a building or structure or any building system, in whole or in part, constitutes a clear and inimical threat to human life, safety or health, the fire code official shall issue such notice or orders to remove or remedy the conditions as shall be deemed necessary in accordance with this section and shall refer the building to the building department for any repairs, alterations, remodeling, removing or demolition required.

110.1.1 Unsafe conditions. Structures or existing equipment that are or hereafter become unsafe or deficient because of inadequate means of egress or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or which involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. A vacant structure which is not secured against unauthorized entry as required by Section 311 shall be deemed unsafe.

110.1.2 Structural hazards. When an apparent structural hazard is caused by the faulty installation, operation or malfunction of any of the items or devices governed by this code, the fire code official shall immediately notify the building code official in accordance with Section 110.1.

110.2 Evacuation. The fire code official or the fire department official in charge of an incident shall be authorized to order the immediate evacuation of any occupied building deemed unsafe when such building has hazardous conditions that present imminent danger to building occupants. Persons so notified shall immediately leave the structure or premises and shall not enter or re-enter until authorized to do so by the fire code official or the fire department official in charge of the incident.

110.3 Summary abatement. Where conditions exist that are deemed hazardous to life and property, the fire code official or fire department official in charge of the incident is authorized to abate summarily such hazardous conditions that are in violation of this code.

110.4 Abatement. The owner, operator or occupant of a building or premises deemed unsafe by the fire code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.