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assembly walls would be less than fire suppression. However, currently, the City does not have <br /> that discretion. <br /> Acting Mayor Wise stated with the church request, the building owner may have assumed he <br /> could put a use in the building and there would be grandfathering of the sprinkling requirement. <br /> He noted that some buildings have been around for 20 -30 years and a big investment would be <br /> needed to install sprinkling, which may not be feasible so the City will end up with empty <br /> buildings. <br /> Councilmember Elvig stated when the Council discussed adopting Chapter 1306, he recalled <br /> looking at the State having a new Code and indication the City should look at adopting it. He <br /> remembered it being an "all or nothing" scenario to adopt the Code without the ability to opt out. <br /> But now he is hearing there may be ala carte considerations. With regard to the Christian <br /> Academy, he thinks they can build regardless of size if it is sprinkled. <br /> Building Official Kaehler explained that 1300 is the Minnesota version of the National Building <br /> Code. He stated that 10 -12 chapters of the Code are mandatory but other chapters are optional <br /> and one is Chapter 1306 relating to fire suppression. The City liked Chapter 1306 and once it is <br /> adopted as Code, the City has to stick to it to the letter. Building Official Kaehler stated he does <br /> not have the authority to waive anything with minor exception. If the Council decides to get rid <br /> of Chapter 1306, it simply needs to make the decision and notify the State. <br /> Councilmember Tossey questioned whether it was safe to issue an IUP for three years and now <br /> extend it. He stated he likes the idea of having more flexibility and discretion but it had been his <br /> understanding there was no discretion and applicants had to install sprinkling. <br /> Councilmember Backous stated he also likes having flexibility and discretion. He noted he had <br /> been a critic of Chapter 1306 in all the cases the Council has seen because it goes against <br /> common sense. Councilmember Backous stated he wants to be sure the Council is not <br /> considering an action that will have some unintended consequences since it has been stated if <br /> Chapter 1306 is "unadopted" other fire suppression construction would be required. As a <br /> building owner, he would prefer to be forced to do sprinklers because the use of the building may <br /> change and it may be expensive to retrofit if the building had been constructed in a certain way <br /> to dreate fire suppression. <br /> Fire Chief Kapler stated he wanted to be clear that the Code is a minimum code and if someone <br /> wants to put up a building that does not require sprinkling, the owner can install sprinkling <br /> anyway. But, if the building meets the threshold to require sprinkling then there is no discretion <br /> to lower the threshold and not require sprinkling. <br /> Councilmember Tossey stated he understands that is the standard but he does not agree with <br /> adopting it and forcing a large investment to install sprinkling for an existing structure. He <br /> stated if safety is the concern, he finds it disingenuous to approve an IUP, even if for three <br /> months. Councilmember Tossey stated perhaps the Council should not "handcuff' the City to <br /> Chapter 1306 if it doesn't have to. <br /> City Council Work Session / December 6, 2011 <br /> Page 6 of 12 <br />