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
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