# Denver's new Safe Occupancy Program is a new approach to handling unpermitted buildings



## mark handler (Jul 23, 2017)

Denver's new Safe Occupancy Program is a new approach to handling unpermitted buildings

http://www.9news.com/news/local/nex...h-to-handling-unpermitted-buildings/457762353
DENVER - The city of Denver seems to recognize there’s a better way to handle fire code violations than sending a group of artists out into the cold on a December night.

On Monday, the city council approved an ordinance that would allow tenants to stay in unpermitted buildings, so long as they agree to a plan to bring them up to code. The safe occupancy program was created after the city closed a couple popular DIY art spaces following the deadly Ghost Ship warehouse fire in Oakland, California. On December 8, the Denver Fire Department was called to Rhinoceropolis on Brighton Boulevard. The warehouse was evacuated due to serious fire code violations, and several artists living there were forced to leave.

“It drove the community completely underground,” Lauri Lynnxe Murphy said. “People basically went into hiding, stopped advertising shows.”

Lauri Lynnxe Murphy is an artist who’s and has been involved in the Denver DIY scene for about 30 years.  

“I’ve always lived and worked in these kinds of spaces,” she said, standing in her studio cluttered with colorful artwork.

Murphy is hopeful the safe occupancy program will help artists, but she’s worried about funding.

“No one is going to step forward really until there’s some money,” she said.

The safe occupancy program encourages owners and tenants of unpermitted buildings to voluntarily come forward to work with the city to make their spaces safer.

“We need folks to know that they’re safe, right. That they won’t be kicked out if they go through this program,” said Denver City Council President, Albus Brooks.

Brooks acknowledged the relationship between the DIY community and the city was strained after the closure of artist spaces in Denver.

“I think the city has responded really well,” he said. “We do realize Denver is growing fast. It’s moving fast, but at the same time we want to honor the folks who made Denver cool, who made RiNo, RiNo.”

Brooks called the safe occupancy program a great compromise that would allow artists to keep their spaces while following Denver’s black and white building code. The RiNo Art District supports the program and co-founder Tracy Weil called it a good first step.

“We have to start building trust, right? Between the city and artists,” Weil said. “And I think this bill can really help us move that forward in the right direction.”

Weil said the RiNo Art District board met Tuesday and discussed ways to chip in funding for the safe occupancy program.

“These things cost real money. Sprinkler systems cost dollars, dry wall costs dollars, electrical – all those kinds of things, so we’re really trying to be able to kind of move that forward,” Weil said.

The RiNo Art District is also looking to work with architects or designers who might be willing to volunteer their time and skills to help artists make sure their spaces are up to par.

“I think everything is under consideration,” Councilman Brooks said. “I think there is a lot of money for arts in the city of Denver.”

Murphy suggested that developers building up RiNo should contribute money to support artists involved in the safe occupancy program.

“They’re pushing us out of the neighborhoods that they followed us to,” she said. “[Developers] would not be making as much money on RiNo had we not been there first.”

Owners or tenants of unpermitted spaces can apply for the safe occupancy program. City code workers will inspect buildings, but won’t require code violations to be fixed right away unless there’s a serious life-safety concern. The program will also be open to buildings the city closed since December 2016. 

© 2017 KUSA-TV


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## cda (Jul 23, 2017)

http://www.denvergov.org/content/de...pproves-safe-occupancy-program-buildings.html



Not sure if I would want to sign my name for approval??

What level do you consider a place safe.


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## tmurray (Jul 24, 2017)

The artists seem to keep talking about trust... about how they don't trust the city after closing a couple buildings that had serious fire concerns... now the city, developers and architects/engineers must buy their trust by providing funding to bring their spaces up to code?

I have never EVER heard something so entitled in my life. These people habitate what they know are substandard spaces. I'm fine with someone risking their own life, my issue is when they risk the lives of their clients and emergency responders. They say society must buy back their trust. I say they've done nothing to deserve it.


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## TheCommish (Jul 24, 2017)

Once someone is granted something it  is hard to  take it back. Long ago I learned that " I promises is a lie", "I promise  to get you that document, let me  have the permit today", "I promise I will  put the handrail on the stairs, just let me have the occupancy permit for the bank closing", " I promise I will fix it next week, don't cite me for the violations"


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## Sifu (Jul 25, 2017)

Torn on this.  On the one hand, it is better than nothing, and at the least will alert authorities to a potential illegal and unsafe habitation, and at least point some of the owners in the right direction (of course alerting the authorities can be seen in a more negative way too) and on the other hand, when something goes wrong (not if) the authorities will be the first to blame.  I think it may end up being a no win situation.  If the authorities require too much they will be blamed for being too heavy-handed, and if they do too little, they will be blamed for being too lenient.  Where will the trust be when one burns and kills somebody?  I guess the existing building code isn't enough.  Is Denver now going to write the "good enough code"?  Seems like an awfully exposed position to put themselves in from a legal standpoint as well as the physical exposure for the first responders.


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## cda (Jul 25, 2017)

And I guess the business next door to one of these places, will want the same treatment??


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## fatboy (Jul 25, 2017)

Spot on Sifu......I'm dealing with one right now, taking a similar approach as Denver. Not too thrilled about it, it really is a "damned if you do, damned if you don't" situation. At least in my case, we have no residential uses, there were two, but the property manager moved them on.

We have been in the building twice to confirm.

About 20K SF warehouse, 5K basement, some storage, 7500K each on main and second, mixed between musicians and storage.

It could be worse, PM is being very cooperative.......right now.


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## fatboy (Jul 25, 2017)

And also spot on CDA.........it has crossed my mind more than once.


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## linnrg (Jul 25, 2017)

Denver is wrong to go down this path and so are the other communities.  It really boils down to exempting the codes for "preference".  Essentially of "board of appeals" like decision that ignores all of Chapter 1 of the IBC.  The code states that they as a publication is a "Minimum requirements to safeguard the public health, ....".

I have to wonder what the ICC organization thinks of some jurisdiction that adopts it then turns around and ignores it at the whim of political solutions.

And for sure what do you tell all of the others who invested in compliance?  Maybe you ought to cut them a check?


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## fatboy (Jul 25, 2017)

Just curious, what side of the counter do you work on?


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## linnrg (Jul 25, 2017)

building official small town in alaska (that does inspections)
but
spent some years on the other side of the counter

how will Denver ever be able to control "change of use"


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