# Modification to Municipal Code



## RBK (May 26, 2011)

Is it possible to get a modification for a section of a city's municipal code?  I am familiar with modifications to the building code and fire code, but what about subjects that are outside of those that are just part of the city's municipal code?

Here is the situation:  I am working on a building that requires a fire pump.  The fire department reviews all plans and has no issues with the fire pump.  Offsite improvement plans are reviewed by all appropriate authorities, including the city's public works department.  The underground fire service that will feed the fire pump is installed, and public works inspects the backflow device.  The inpector asks if there will be a fire pump.  The answer is yes, and he responds that he can't approve the installation.  Apparently, the municipal code has a section that states that fire pumps must not be directly connected to city water supply, but must take suction from a break tank or similar method.  This is news to me, and also to the fire department, who are responsible for reviewing the fire sprinkler plans.

After several discussions with public works, we determine that the reason that particular code section exists is not a big concern for this project, and public works doesn't want to enforce it, but they can't just ignore a code requirement.  The public works department would help if they could, but they say they can't do modifications.  They tell me that there is no process to accept any kind of alternate to the municipal code.  Only the building and fire codes can be modified in that manner.

Does anyone have any experience with this type of issue?  At this point, it looks like the only option will be a petition to the city council (which won't be in session for the few months) to change the wording of that section, with some kind of retroactivity clause.


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## fatboy (May 26, 2011)

Around here, any amendments to the code must be done by ordinance, which means they land in the municipal code, it's where there have to be. Anyone in any sort of supervisory capacity can present an amendment to Council, if they vote to adopt the ordinance, it becomes municipal code. You have the misfortune of talking to someone that hasn't, or doesn't want to go through the process. I would think they could move forward with it, and allow your installation under the IPC/IFC, with documentation that there is an amendment to the municipal code in process, to follow the provisions of those codes.  Move up the food chain to another level.


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## Alias (May 26, 2011)

duplicate duplicate


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## Alias (May 26, 2011)

Agree with fatboy.  I do my ordinances for the building codes, DPW does them for public works, etc.

Maybe your local DPW or Fire Chief/Marshal will write an ordinance for the council/board.


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## FredK (May 26, 2011)

Ever feel like Jack Nicholson ordering toast?





You haven't got to the right people that make a decision.  Is it a easy process no but it's done all the time when there may be problems with ordiances.


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## cda (May 26, 2011)

There has to be an appeals process of some type for variance/ wavier/ alternative methods whatever you want to call it even for public works

Do they have a city manager or similar


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## RBK (May 26, 2011)

Thanks for the info.  I was hoping there was a simple/quick way to get the issue fixed.  With building code modifications, like openings too close to a property line, I can submit a mod request to building or fire (whoever is repsonsible) and propose an alternate such as a water curtain/window sprinkler.  The building/fire code official has the power to approve that modification, and I am on my merry little way in a matter of a few days or weeks.

What I have been told in this case is that the director of public works doesn't have the power to grant a modification to a municipal code item, only the city council can do that.  And they don't grant a modification or an exception for this project, they rewrite that code section, or add a code section giving the director of public works the appropriate power to grant a modification for a specific case.  So, I guess I will have to take the long route and wait for that process to go to work through the city council.  I think August is the soonest they will meet.


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## TJacobs (May 26, 2011)

Did anyone give you a reason for the ordinance?  Maybe PW does not want the fire pump sucking the main dry???


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## Mark K (May 26, 2011)

IBC Sections 104.10 and 104.11 may provide the authority that you need.  Also look at IBC Section 113 for provisions related to appeals.

You man also be limited by state laws that constrain the nature of local amendments to the building code.  Refer to "Legal Aspects of Code Administration" for a good  discussion of these issues.


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## Pcinspector1 (May 26, 2011)

RBK,

The current building codes and items like frost line, wind speed, seismic design and  snow loads are all established for the city and then adopted by ordinance. Same thang on that fire pump, an ordinance was approved by that city. Make your case to a varance board for that city or get the ordinace changed like cda suggested!

pc1


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## RBK (May 26, 2011)

TJacobs said:
			
		

> Did anyone give you a reason for the ordinance?  Maybe PW does not want the fire pump sucking the main dry???


That's most of it.  They also won't allow a pump bypass because if someone removed the check valve the pump would feed pressure back into the city main.

During my discussion with public works, they feel that the code section should remain, but the director should have the ability to relax the requirement, at his descrection.   We are in agreement that the size of the this fire pump (400 gpm @ 73 psi) compared to the water supply (fire flow availability says 85 psi static, more than 8000 gpm available at 20 psi) does not constitute any concern over sucking the main dry.  We also offered to provide a throttling valve that will sense the suction pressure and partially close if the suction drops below 5 psi to prevent such an event.  The trouble is that even though they want to approve the installation, they can't until the city council gives them the power to accept anything other than stated in code.


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## brudgers (May 26, 2011)

RBK said:
			
		

> The trouble is that even though they want to approve the installation, they can't until the city council gives them the power to accept anything other than stated in code.


The real trouble is that you don't want to comply with it.


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