8.1. SR 09-17-2012 - Laserfiche WebLink

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J 7tJNT (D[. E,,., Mr. John Cunningham August 30, 2012 Page 3 I11. A VARIANCE IS APPROPRIATE IN THESE CIRCUMSTANCES. The Leaden' dry cleaning system employs safe technology that was not contemplated by the 2006 version of the IFC and complies with the most recent edition of the IFC for use without a sprinkler system. Installation of a sprinkler system at the Property would be prohibitively expensive and would therefore cause undue hardship to the Leadens. For these reasons and the additional reasons stated below, the Leadens respectfully ask that you endorse the Leadens variance application. a. There is Substantial Compliance with the Provisions of the Code. The first requirement for the granting of a variance is that there be substantial compliance with the provisions of the code. Minn. Stat. § 299F.011, subd. 5 (2012). Here, the City's fire inspectors have concluded that the Property fully complies with the State Fire Code with the exception of its non-conformity with IFC Section 1208.02 if the Property is converted to use as a dry cleaning facility. Accordingly, the Leadens fulfill the requirement that the Property substantially comply with the fire code. b. The Safety of the Public and the Buildin14 Occupants Will Not Be Jeopardized. The second requirement for the granting of a variance is that the safety of the public and occupants of such building will not be jeopardized. Minn. Stat. § 29917.011, subd. 5 (2012). Here, IFC Section 1208.02 requires a sprinkler system for "dry cleaning plants containing Type lI, Type I11-A or Type 111-13 dry cleaning systems." IFC § 1208.02 (2006).3 However, the most recent edition of the IFC includes an exception from the sprinkler system requirement for the Leadens' dry cleaning system. The 2012 version of the IFC states in relevant part as follows: 2108.2 Automatic sprinkler system. An automatic sprinkler system shall be installed in accordance with Section 903.3.1.1 throughout dry cleaning plants containing Type II, Type III-A or Type III-B dry cleaning systems. Exceptions: 1. An automatic sprinkler system shall not be required in Type III-A dry cleaning plants where the aggregate quantity of Class III-A solvent in dry cleaning machines and storage does not exceed 330 gallons (1250 L) and dry cleaning machines are equipped with a feature that will accomplish any one of the following: 3 Sections 1203.01 and 1203.02 classify dry cleaning systems in accordance with the flash points of the solvents used in each class of dry cleaning system. IFC §§ 1203.01 and 1203.02(2006).