Board of Code Appeals

BOARD OF CODE APPEALS REGULAR MEETING . February 13, 2014 SUBJECT: The minutes of the Board of Code Appeals meeting of February 13, 2014. The meeting was called to order by Chairman Stanek at 6:00 pm MEMBERS PRESENT: Fred Berg, Laurel Johnson, Thaddeus Stanek Jr., Douglas Harvey, Frank Bayer, Plan Review Coordinator ABSENT: Terry Measel RECORDING SECRETARY: Rene Rosni APPROVAL OF AGENDA Motion by Harvey, supported by Johnson to approve the agenda as presented. Yes: All. Absent: Measel. Motion carried. CONSIDERATIONS 1. PG14-0017 – Clifford J. Terry, Homeowner - 42106 Mendel Drive Requesting Board Approval for a variance to waive emergency egress window in the basement, as required per Section R310.1. They are installing a bathroom only (See PB13-1573). Mr. Terry provided a sketch of his plans and stated that he understands an egress window is required if a basement is being used as a living space or if someone is sleeping in the basement. This, however, is not the case. He indicated he is only putting a bathroom in the basement. This is a four-bedroom home and the basement is strictly used as a place where his son can go to do homework, as well as for laundry and storage. Mr. Terry stated he already had the underground plumbing put in and it has been approved. He stated this is his parent’s home but they only live there four months out of the year. For most of the year, it is just his son and himself residing there. The primary bathroom needs to be completely redone and this bathroom will serve as a substitute while that bathroom is under renovation. Mr. Stanek indicated that the information stated in Section R310.1, where a basement contains one or more sleeping rooms, an emergency egress and rescue opening would be required. Mr. Harvey also inquired as to the current building code. Mr. Harvey also inquired as to the current building code. Mr. Bayer indicated that the 2003 code states an egress is required if there is a sleeping area in the basement. The 2006 code states egress is required in habitable basements and the 2009 code states that all new homes with basements are required to have an emergency egress. Mr. Terry stated that the code indicates that bathrooms, hallways and closets are not habitable spaces. Mr. Bayer agreed and indicated that the code was modified in 2009, dropping the word “habitable” from the definition to state that all basements are required to have emergency egress except those under 200 square feet, with mechanical equipment only. The Board stated that for the current homeowner, this would not be a concern because the basement is only to be used for laundry, storage and a place for his son to do homework. The Board’s concern is for the next homeowner, who may intend the basement for a different use. The Board suggested that an addendum to the deed be recorded with Macomb County indicating that a variance was approved by the Board and the basement is not to be used as a sleeping/bedroom. Board of Code Appeals February 13, 2014 Regular Meeting Page 2 Motion by Harvey, supported by Berg to allow a variance at 42106 Mendel Drive to waive an emergency egress window based on the agreement that a smoke alarm system will be connected to the rest of the house. A copy of the variance will be filed with the Macomb County Register of Deeds by Mr. Terry, so if the home is sold, the future homeowners will be aware that a variance was given and no one should be sleeping in the basement. Yes: Harvey, Stanek, Berg, Johnson No: None. Absent: Terry Measel. Motion carried. . NEW BUSINESS – None. OLD BUSINESS – None. PARTICIPATION – None. APPROVAL OF MINUTES Motion by Harvey, supported by Berg to approve the minutes of November 13, 2014. Yes: All. Absent: Measel. Motion carried. ADJOURNMENT Motion by Harvey, supported by Measel to adjourn. Yes: All. Absent: Measel. Motion carried. Meeting adjourned at 6:20 pm Respectfully submitted, Thaddeus Stanek Chairman