8.1. SR 09-17-2012 - Laserfiche WebLink

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Law Offices Matthew A.Anderson 1400 AT&T Tower Attorney at Law 901 Marquette Avenue (612)305-1401 Minneapolis,MN 55402-2859 maa @mcmlaw.com Telephone:(612)305-1400 N"I Facsimile:(612)305-1414 fly-' www.memlaw.com August 30, 2012 � c � f 12. John Cunningham Elk River Fire Chief 415 Jackson Avenue Elk River, Minnesota 55330 Re: Application of Mark and Penny Leadens for Fire Code Variance Our File No. 092825-00009 Dear Mr. Cunningham: I represent Mark Leadens and Penny Leadens (together, the "Leadens"), who have contracted to purchase certain real property in the City of Elk River (the "City") located at 927 Highway 10, Elk River, MN 55330. The Property was once occupied by a Hardees fast-food restaurant and is now vacant. The Leadens propose to operate a dry-cleaning business at the Property and have applied to the City for a conditional use permit for that purpose. The Leadens respectfully apply for a fire code variance to permit them to operate their dry-cleaning business at the Property without a sprinkler system. The Leadens specifically request a variance from Section 1208.02 of the 2006 International Fire Code ("IFC"), as adopted as the State Fire Code by Minn. Stat. § 299F.011, et seq., and by the City pursuant to Elk River City Code § 22-71, et seq. Section 1208 requires the Leadens to install a sprinkler system at the Property prior to operating the Property as a dry cleaning facility. For the reasons stated below, installation of a sprinkler system is unnecessary to the fulfilling the objectives of the fire coder but will be prohibitively expensive to the Leadens. I. FACTUAL BACKGROUND. The dry cleaning system used by the Leadens is an "Ipura" dry cleaning system using a hydrocarbon solvent with a trade name of Eco Solve. Hydrocarbon solvents have a much lesser environmental impact that the perchloroethylne solvents traditionally used in dry cleaning systems. However, because hydrocarbon solvents are a "Class III" solvent, they trigger the IFC § 1208.02 requirement for a sprinkler system. As noted below, the dry cleaning system used by the Leadens is approved for use under the 2012 version of the ITC without a sprinkler system; is perfectly safe without a sprinkler system; and generates far less environmental contamination than the dry cleaning systems contemplated by the 2006 version of the IFC. A number of jurisdictions in the United States (e.g. Philadelphia) have already amended their ordinances to allow the Leadens' dry cleaning system without installation of sprinklers. The Leadens anticipate that most other jurisdictions will eventually do likewise with the exception granted to dry cleaning systems of this type in the most current version of the IFC. 2 For additional information regarding the Leadens' dry cleaning system, see the manufacturer's website at http://www.columbiailsa.com/ipura.html.