8.1. SR 09-17-2012 - Laserfiche WebLink

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Mr. John Cunningham August 30, 2012 Page 2 The dry cleaning system to be used by the Leadens employs advanced machine technology that allows for safe use without the protection of a fire sprinkler system. In fact, the most recent version of the IFC (the 2012 version) approves the use of the dry cleaning system to be used by the Leadens without a sprinkler system. The fire code promulgated by the NFPA does as well. However, as Minnesota continues to enforce the 2006 version of the IFC, the provisions that allow for use of the Leadens' dry cleaning system are not yet applicable in the City. As set forth below, the Leadens satisfy all the prerequisites for the granting of a fire code variance set forth in the governing statute. The dry cleaning system to be used by the Leadens employs machine technology that was not contemplated at the time of the development of the 2006 IFC; is safe for use without a sprinkler system; and is permitted for use without a sprinkler system by the 2012 IFC. Granting the requested variance will allow the Leadens to employ superior, environmentally-friendly dry-cleaning technology with no risk to the public or to the occupants of the Property. Refusing the requested variance will impose hardships on the Leadens that will make their purchase of the Property impractical. For these reasons, and the additional reasons listed below, the Leadens respectfully request that you endorse the granting of a variance from IFC § 1208.02. I1. STANDARD FOR GRANTING VARIANCE FROM STATE FIRE CODE. Chapter 299F of the Minnesota Statutes provides for variances from the State Fire Code, providing in relevant part as follows: Upon application, the state fire marshal may grant variances from the minimum requirements specified in the code if there is substantial compliance with the provisions of the code, the safety of the public and occupants of such building will not be jeopardized, and undue hardship will result to the applicant unless such variance is granted. No appeal to the state fire marshal for a variance from orders issued by a local fire official from the State Fire Code shall be accepted until the applicant has first made application to the local governing body and the local unit has acted on the application. The state fire marshal shall consider any decisions or recommendations of the local governing body. Any person aggrieved by a decision made by the fire marshal under this subdivision may proceed before the fire marshal as with a contested case in accordance with the Administrative Procedure Act. Minn. Stat. § 299F.011, subd. 5 (2012). For the reasons set forth below, all of the requirements necessary for a fire code variance are present here and it is therefore appropriate that the requested variance be granted.