# Building code official allowing Restaurants to open w tempory merc licenses



## Nostipendofficial (Jul 15, 2017)

My town building code official is allowing new restaurants to open in spaces previously with merc use group and no change of use. These spaces have not previously been restaurants, have added cook lines, and seating. No occupancy load has been established by him and increased hazards with cook equipment and fixed seating should call for the change of use. The building official is allowing these restaurants to open with a " temp CO" or a temp Merc, without approval from the fire official. What is best course of action ??


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## cda (Jul 15, 2017)

Welcome!!


How did you find this fantastic site ???


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## cda (Jul 15, 2017)

Document, the sections that should be followed


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## cda (Jul 15, 2017)

Why a temp and not full approval?

I am thinking write up the major code requirements you feel should be enforced.

Call for a meeting of the bo, highest city offical, and city attorney.

Set down discuss your concerns, and see where it goes.

Let them know the minimum code items should be required, to avoid any lawsuit if someone gets hurt.

Listen to the reasons they feel what they are doing is right, and decide from there if you support or do not support their decisions


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## cda (Jul 15, 2017)

Can you list your top five code items, you do not feel are being enforced ;;;;,,


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## ICE (Jul 15, 2017)

cda said:


> Why a temp and not full approval?
> 
> I am thinking write up the major code requirements you feel should be enforced.
> 
> ...


And then move to another town.....any other town.


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## mark handler (Jul 15, 2017)

Nostipendofficial said:


> My town building code official is allowing new restaurants to open in spaces previously with merc use group and no change of use. These spaces have not previously been restaurants, have added cook lines, and seating. No occupancy load has been established by him and increased hazards with cook equipment and fixed seating should call for the change of use. The building official is allowing these restaurants to open with a " temp CO" or a temp Merc, without approval from the fire official. What is best course of action ??


What kind of restaurant?
How big? More than 50 people? Less than 50?
Health Dept approval?


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## Nostipendofficial (Jul 16, 2017)

cda said:


> Can you list your top five code items, you do not feel are being enforced ;;;;,,


I googled  ... First, the property has never had fixed seating. Never been a restaurant. Increased hazards with cook line, so shouldn't the use be upgraded from a Merc to an assembly? 

Next, it's a pizza restaurant. With a pizza oven.  Originally, they were not going to even vent the oven. They installed a vent pipe, I questioned a type I oven. Seems building is allowing without. I haven't seen any approvals. 

As far as I know ,no occupancy load has been issued. But they are open and seating customers. 

There doesn't seem to be any major safety issue, but town ordinance states that zoning, building, fire Dept, and clerk need to sign off to issue a Merc. I know fire Dept has not so how can they be open?

Another Prob is this isn't only place this has happened.


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## cda (Jul 16, 2017)

Sounds like a meeting of the minds needs to take place, to resolve the approval issues.

Yes I have been there when higher ups approve without my blessing.
Not nice but they are higher ups, so I just document, for when something happens and it has.


For this restaurant how many sq ft of dining and kitchen ??


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## mark handler (Jul 16, 2017)

Without additional information you have not established a case.
Not all restaurants are an assembly use.
There is not a big difference in code requirements between a mercantile use and a business use.
How are you involved in this?
How big is the restaurant?
More than 50 occupants? Less than 50 occupants?


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## cda (Jul 16, 2017)

I think it is a matter of at least asking the fd for approval.



"""There doesn't seem to be any major safety issue, but town ordinance states that zoning, building, fire Dept, and clerk need to sign off to issue a Merc.""


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## mark handler (Jul 16, 2017)

cda said:


> I think it is a matter of at least asking the fd for approval.
> """There doesn't seem to be any major safety issue, but town ordinance states that zoning, building, fire Dept, and clerk need to sign off to issue a Merc.""


Fire Depament approval not always required.
we are not getting complete information


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## cda (Jul 16, 2017)

mark handler said:


> Fire Depament approval not always required.
> we are not getting complete information



It is supposed to be done in our city also


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## Nostipendofficial (Jul 16, 2017)

cda said:


> Sounds like a meeting of the minds needs to take place, to resolve the approval issues.
> 
> Yes I have been there when higher ups approve without my blessing.
> Not nice but they are higher ups, so I just document, for when something happens and it has.
> ...





cda said:


> Sounds like a meeting of the minds needs to take place, to resolve the approval issues.
> 
> Yes I have been there when higher ups approve without my blessing.
> Not nice but they are higher ups, so I just document, for when something happens and it has.
> ...





mark handler said:


> Fire Depament approval not always required.
> we are not getting complete information


Not always? I don't understand. City ordinance requires it. Im still learning so I could be mistaken, but that's why I'm on this thread.


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## cda (Jul 16, 2017)

Nostipendofficial said:


> Not always? I don't understand. City ordinance requires it. Im still learning so I could be mistaken, but that's why I'm on this thread.




Set down with the bo first and you and him need to understand the process in your city

If no go from there, go up the line till you get your questions answered

Plus express your concerns


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## Nostipendofficial (Jul 16, 2017)

I'm estimating saying it's approx 1200 SQ ft. 20x60. Right now at first glance I'd estimate 40 seats. Approximately 7 workers. ...

I agree I need to have a meeting. And that is what I intend as first step


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## VillageInspector (Jul 17, 2017)

Seems to me that there might be something more to this than we are being told.


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## steveray (Jul 17, 2017)

Doesn't sound right to me, but it wouldn't be the first wrong or illegal thing I saw today...


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## cda (Jul 17, 2017)

Nostipendofficial said:


> I'm estimating saying it's approx 1200 SQ ft. 20x60. Right now at first glance I'd estimate 40 seats. Approximately 7 workers. ...
> 
> I agree I need to have a meeting. And that is what I intend as first step



With that data
It would be a B occupancy 

Yes the kitchen cooking needs to meet code


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## kilitact (Jul 17, 2017)

cda said:


> With that data
> It would be a B occupancy
> 
> Yes the kitchen cooking needs to meet code



agree. appears to B a B


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## tmurray (Jul 17, 2017)

What is your involvement?


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## ADAguy (Jul 25, 2017)

To add fuel to the fire:
1. Does it have public restrooms?
2. If so, are they accessible, as in ADA compliant?
3. Is building single story?
4. Is the kitchen cooking equipment equipped with a fire control system?
5. Has the facility been approved by your local Health Department?
6. Does it serve any alcoholic beverages?


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