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13 - FLEA MARKETItem No. 13 Memorandum TO: City Council John Godwin, City Manager FROM: Larry Wright, Fire Chief SUBJECT: Flea Market, DATE: April 25, 2016 BACKGROUND: On March 19, 2016, an inspection was made of the flea market located at 2810 N. E. Loop 286. Involved in the inspection were Code Enforcement, Fire Department/Fire Marshal, Police Department, Building Inspections, Lamar County Health Department, and the State Comptroller. A thorough inspection was made of all structures on the premises. An administrative search warrant had been issued which allows entry into all areas for inspection purposes. During the course of the inspection, a multitude of violations of the City Code of Ordinances as discovered including faulty and unsafe electrical wiring, structural degradation, unsanitary conditions of food servers, no certificates of occupancy, sale of illegal merchandise including pirated DVDs, inappropriate flow of traffic causing an undue hazard to pedestrians, unauthorized habitation of trailers and structures on the premises, no fire lanes, and no water source for fire protection. The roof of one structure had been damaged from high winds the week before. The State Comptroller interviewed approximately 70 individuals, who for the most part had no tax identification numbers, indicating the City of Paris was not receiving taxes on merchandise being sold. Because this was only a fact finding inspection, no citations were issued, however, the illegal merchandise was confiscated, the electricity to a large majority of the property was disconnected due to the unsafe conditions of the wiring, and the State Comptroller registered all parties who did not have a sales tax identification number. The manager of the property, Mr. Bob Brainard, was informed that vendors could not actively sell out of the structures where power was cut until the required permits were obtained and the structures were brought up to code. This included the auction barn. No outside vending was affected by this order. STATUS OF ISSUE: The substandard structures were brought before the Building Standards Commission for consideration of demolition on March 18, 2016. Based on the facts provided to them, they made the determination that the substandard structures on the property were in fact beyond repair and that they should be demolished. The remaining structures would be brought into compliance with the City Code before they could be occupied. The City was contacted by A.W. Clem, Attorney, prior to the Buildings and Standards Commission meeting, that the control of the property after the will was probated, and assignment, was made to Paul Wells, CPA, 1323 Lamar Ave. He had in fact contracted with Bobby Smallwood, contractor, and Sanitation Solutions to move forward with demolition of at least one of the structures on the site. Further work will be done with Paul Wells to ensure safe ingress and egress from the property, compliance for the remaining structures on the property. Any and all sales that are conducted in a safe and legal manner should not be affected; it is not our intention to close the market. BUDGET: N/A RECOMMENDATION: Information only Inspection Report On Saturday March 19'b 2016 between 0930 and 1230 Hrs., a standard Fire and Life Safety inspection was conducted on the property, and buildings associated with said property, at 2810 NE Loop 286 / aka Genes Flea market. The following report is a summary of this inspection. General to the property: The fire department access roads (Fire Lanes) that are required at this location do not exist. Where roads or drives do exist there is no clearly defined access differentiated from the parking area. This results in an extra life safety hazard to pedestrians on the property. The design of these roads does not meet the requirement for fire department access roads. The fire department access to any structure on the property has to be such that any portion of a structure can be reached in an approved type measurement distance of 150 feet from the apparatus. Overall the access roads are to narrow, may not support fire department apparatus in all weather conditions, do not have at every turn the proper turning radiuses, lack turn arounds, and are unmarked as fire lanes. Thus resulting in apparent, and commonly blocked by parked vehicles, no fire department access to some structures. There is no water supply to this property in the form of fire hydrants. The nearest hydrant to the west is over 500 feet to the drive at the loop. The nearest hydrant to the east is between 400 and 500 feet to the property, however to access this hydrant you have to cross the property of a neighboring business which is not allowed and disqualifies this as an accessible hydrant. According to IFC 2006, and using just the Main building at the south of the property which is approximately 20,000 square feet under common roof, type V construction and un- sprinkled, a fire flow calculation of 3750 gpm, (not including the excessive fire load of contents) is required thru 4 hydrants average spaced 350 feet apart with the first no greater than 250 from the road frontage is required. General to structures: Main Building (W/Recently Damaged roof) - Type V Construction of approximately 20,000sgft under common roof. ICC occupancy Class M mercantile market, however common arrangement is more typical of a mall. This building has no certificate of occupancy, and after inspection, and with the number and severity of the fire and life safety violations in this building it should not be allowed to be occupied until all requirements and violations found have been corrected. The following list are the violations found. 1. Square footage of building is too great and not divide by proper fire walls, Fire partitions, and it is not sprinkled to allow the square footage. 2. The construction of this building is poor at best. The individual occupancy spaces are not properly separated, the materials used in the construction vary throughout the building from corrugated tin to cardboard. Many ceilings are covered below the rafters with plastic tarps, sheets or other textiles which would increase the rate of fire spread. These substandard construction and maintenance issues could cause a rapid fire growth, and that possibly and rapidly spread thru the structure faster than the evacuation of its occupants. 3. hnproper heating devices. Throughout the building several wood burning stoves are present that are not properly exhausted/ flued, and do not have adequate clearance to combustibles and exits. Also many vendors are using unvented propane heaters attached to propane cylinders which are prohibited for indoor use, and are also predominately all too close to combustibles and exits. 4. There is no designed and maintained protected exit egress. By sprinkler or construction of fire resistance rating of the exit corridors. These unprotected exits do not have the proper signage indicating the direction to the exits, nor is any emergency lighting provide. Doors that are not approved exits are not marked NO EXIT, The exits or what would be considered exits have changes in elevations, steps stoops and doors that have trip hazards that could cause trips and falls in an evacuation especially when vision is obscured with smoke. 5. Electrical wiring throughout the structure has multiple problems that constitute substandard practice that could lead to the propagation of fire including permanent wiring using pieces of extension cords, overloading of electrical outlets. Improper labeling of panels, joints and connections not made in junction boxes, uncovered or exposed plugs or boxes. Overall the electrical system should be considered improper and not meeting the standards of NFPA 70 National Electrical Code as adopted by the City of Paris. 6. The building does have a few fire extinguishers, however there are not enough of them to be properly spaced at 75ft of travel from any point in a building in the path of exit discharge. The extinguishers present do not have current inspection or maintenance as required annually. The most recent inspection tag found was performed in 2001 15 years out of date. The oldest found was 1986 30 years out of date. White wood frame house (west side of property) — This building has been operating as a mixed use residence and sales Building. At the time I inspected the residences occupant said he would no longer be doing business from this building. The front room of house, screened porch area and front yard was what was being used for sales and storage of goods. The private living quarters could not be inspected. However in the inspected area the accumulation of rubbish, junk, and goods for sale make the access an egress for the public and responders difficult. If buildings continued use is as a residence numerous code enforcement violations will need be address. If the structure is to be or continues being used as flea market sales it will need to be permitted (CO certificate of occupancy) applied for and attained prior to continued operation. Food preparation building (Taco Stand) — This building is used for commercial preparation of food for sale and direct consumption. The building has no CO. This buildings inspection resulted in the following violations; 1. No commercial vent hood above cooking producing grease laden vapors. 2. No Fire extinguishers present. 3. Improper wiring, electrical outlets missing covers, specific location required missing GFI protection, Electrical service due to shifting foundation and leaning utility pole had electrical service wire under extreme tension. 4. The back room is full of unknown storage that occupants are unaware of its contents, the door into this area is obstructed and the electrical panel is in this room. Public restroom (behind to the east of Taco stand) - This building has a 2X4 with a V notch in the end fastened to its outside east wall. This 2X4 supports the electrical service wire from the utility pole to the Main Building holding the wire of this building's roof in an unapproved manner. Sales Building (Next to and North of Taco Stand) — This building has no CO, However overall and in general this building had few violations with the following being the observed; 1. No extinguisher with current inspection. 2. No exit sign on only access doors. <- Double Door single exit. Sales and Storage Building (originally a house center of property north of oil derrick) - This building has no CO. This building and the surrounding area are extremely over cluttered with goods and storage. Thus making it impossible to access this structure for responders in the event of a fire. Improper storage, and clearance for access and egress not maintained. No extinguisher could be found on location, and a complete inspection could not be done due to the clutter. Electrical panel could not be accessed, and electrical service meter could not be accessed due to the accumulation of junk and rubbish. Also the electrical service was in need of repair pulling away from the building due most likely to the tree the wires were running thru. Building is not safe to occupy by the general public. Associated with this building and surrounding it was a large quantity of outside storage which is a code enforcement violation noted during the inspection. Also a travel trailer is on site and using the electricity to this structure. Occupants stated that they do not live there all the time but are moving back to Oklahoma. Living in a travel trailer constitutes a violation of city ordinances. Auction Barn — This building has no CO. Building class is A3 assembly the following violations exist; 1. Improper use of heating appliances two wood burning stoves. As this is an assembly building with fixed seating, Open flame heating devices are not permitted. Clearance to combustible materials and no protection from accidental contact by persons or occupants is not provided. The flues for both stoves may be improper as for size and type. 2. Extension cords throughout used improperly and as permanent wiring. 3. Unprotected exit egress past commercial kitchen area. Main entrance exit egress passes by kitchen area and this exit may not be counted for occupant load with current construction. Exits through Bathrooms cannot be counted as exits for egress as they can be locked when occupied. The occupant load will need to be figured during CO process based on fix seating and ancillary use spaces then number and size of exits can be determined. The overhead/ or roll up shop type doors get 0 consideration for occupant exits. 4. Extinguishers out of date annual inspection of existing is required. Plus possible additional extinguishers will be required due to travel distance and size of structure. 5. Separation of occupants in the assembly area from the warehousing of goods or merchandise is required. 6. Area where drop ceiling tile is provide prevents the vertical travel of fire spread. So the tiles missing should be replaced and the tiles that are not positioned or seated correctly in grid need to be corrected. 7. Kitchen area is conducting commercial cooking that produces grease laden vapors, and requires vent a hood, with fixed suppression system and a type K extinguisher. Ail violations in this report are violations of International Fire Code 2006 3rd printing 2007 and its referenced codes and standards as adopted by the City of Paris Ordinance NO. 2010-028. Clyde Crews 1269 Fire Marshal City of Paris Building Inspection Report Inspection Date: March 19, 2016 Address: 2810 N.E. Loop 286 Paris, Texas 75460 Attached is a copy of a map of the property showing the label layout. No double lugging allowed. Building 1 Violations • Electrical Issue- Hanging wires, extension codes, open electric boxes, plug covers and switches • Falling Ceiling • Mechanical Issue- falling duct work • No 36" walk way room Building 2 Violations • Electrical Issue- Hanging wires, extension codes and service panel • LP Cylinders • Barbwire Fence material- illegal Building 3 Violations • Electrical Issue- Hanging wires, extension codes damaged devices, plug /switch covers and needs 36" clear working space in front of service panel • LP Cylinders • Wood burning stoves • No 36" walk way- throughout the building Building 4 Violations • Electrical Issue- Hanging wires, extension codes, plug/switch covers and damaged devices • LP Cylinders/ heaters • Wood burning stoves • No 36" walk way- throughout the building • Missing Roof- Storm Damage Building 5 Violations • Electrical Issue- Hanging wires, service meter, plug /switch covers and damaged devices • Needs a commercial vent -a -hood instead of residential • Grease trap • No access to the back room- due to dilapidated structure 150 SE 1ST ST P.O. BOX 9037 PARIS, TX 75461 TELEPHONE (903) 785 -7511 FAX (903) 784 -1798 Building 6 Violations • Electrical Issue- Service panel • Cap and plug all plumbing being used Building 7 No Violations Building 8 Violations • Electrical Issue- Hanging wires, plug covers and switches • Snack Bar needs a vent -a -hood, suppression system, grease trap • Water Heater needs a PVB 6" above tank • Water Heater needs a TNP hooded up • Wood burning stoves • Exit signs and emergency lighting • Fire extinguishers Power Pole 1 Violations • GFI plugs with weatherproof covers • Rope connected to the plug • Panel needing blanks Power Pole 2 Violations • GFI plugs with weatherproof covers • Rope connected to the service pole Power Pole 3 Violations • GFI plugs with weatherproof covers • Exposed wires Power Pole 4 Violations • GFI plugs with weatherproof covers • Exposed wires • Ropes connected to the plugs Power Pole 5 Violations • Hanging Wires Power Pole 6 Violations • GFI plugs with weatherproof covers • Exposed wires • Ropes connected to power pole These violations listed above will need to be corrected. Inspector: Robert mith, Building Inspector 150 SE 1ST ST P.O. BOX 9037 PARIS, TX 75461 TELEPHONE (903) 785 -7511 FAX (903) 784 -1798 -•, P D# 227 f 86 bU 1 2710 NE' ' ^' - LOOP 286.. "... Prop ID# 39845: i NE 277H ./ #8 Prop DO 39844 t • 2640.2 f' ,s. _ " .� , z •. EVELY . 3 ? Pro p ID #39843 _ 1: B R , + 2880 NE ENE #2 2810 NE ^ zse �. LOOP 286 LOOP 286 S, Prop ID #18290 � Prop ID# 20364' vow 1370 NE 27TH ' Prop ID# #5'-,#6 39776 - • 1331 -1335 NE 28TH 20363 Prop ID# 1360 NE 27TH # Prop ID# 61,1111, 3 1320 s 1330 -- - `- - T # - ! F _ NF 29TH, NE LOOP 296 � 'p# 203 Prop IDN 182911 1350,NE 27TH Prop ID# 39774 N � r '� v a .4a ... >r4• tears '� �- _. _...-w * --•- -- .c ��:._ _ _-_ x"2805 -2815 2821 -2823 2825-2827 2829b r, 283912841 2845-2847 2855 -2866 X75 Pro ID# 2935 -2937 1340. NE 27TH _ ^ KESSLER ST P. 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