HomeMy WebLinkAbout2001-10-23; City Council; 16405; 3627 Terrace Place Noncompliance AppealCITY OF CARLSBAD -AGENDA BILL
AB# I(p, qas TITLE: DEPT. HD.
MTG. lo-a%)/
APPEAL OF DETERMINATION OF NONCOMPLIANCE FOR
3627 TERRACE PLACE CITY ATTY.
DEPT. BLD I I CITY MGR w
RECOMMENDED ACTION:
That the City Council DENY the appeal of Mr. & Mrs. Kris Kolenda of the Building Official’s
determination that there is a violation of Carlsbad Municipal Code Section 18.04.010 in
that the carpet installed on the floor of the residential garage is installed in violation of the
Uniform Building Code. (Adopt Resolution No. 2001-324)
ITEM EXPLANATION:
It was noted by a building inspector in August of 2000 that the residence at 3627 Terrace
Place had carpet installed on the floor of the garage in the vehicular parking areas.
Section 312.5 of the Uniform Building Code UBC (1997 Edition) titled Garage Floor
Surfaces states: In areas where motor vehicles are stored or operated, floor surfaces
shall be of noncombustible materials or asphaltic paving materials.”
The UBC defines noncombustible materials in part as:
1. “ . ..material of which no part will ignite and burn when subjected to fire. Any
material conforming to UBC Standard 2-l shall be considered noncombustible
within the meaning of this section.” or
2. Material having a structural base of noncombustible material as defined in Item 1,
with a surfacing material not over l/8 inch thick which has a flame spread- rating of
50 or less.
The carpet has evidently passed industry tests demonstrating it as a Class 1 flame spread
rating. This is a very high rating for materials tested in accordance with UBC Standard 8-l
and 8-2. However, materials with a Class 1 Flame Spread Rating are not considered to
be “noncombustible” by definition. Materials having a Class 1 Flame Spread Rating will
burn slowly. Noncombustible materials do not act to aid combustion or add appreciable
heat to an ambient fire.
The property owner has contested that the UBC Standard 2-1, NONCOMBUSTIBLE
MATERIAL - TESTS is the applicable standard since the carpet sample must be placed in
a test furnace in other than its normally installed position. The test standard in the UBC,
based on the Standard Method of Test E 136-79 of the American Society for Testing and
Materials, requires that any elementary building material be tested in the same manner to
determine whether it is defined as a noncombustible material. Materials, which are
required by the Code to be noncombustible all must pass the same standard regardless of
the manner in which the material is eventually installed.
When the Building Official determines that CMC Chapter 18.04.010 has been violated, he
or she may file with the County Recorder a Certificate of Non-Compliance pursuant to
CMC section 18.04.315. The property owner has not provided evidence that the carpet
PAGE 2 OF AGENDA BILL NO. lb! 405
installed in the garage of 3627 Terrace Place is noncombustible as defined in the UBC.
The carpet is still in use as a garage floor covering. Staff is recommending the Certificate
of Noncompliance be filed against the title of the property until such time as the carpet is
proved to be noncombustible by passing the test in UBC Standard 2-1 or until the carpet is
removed from the vehicular parking areas.
FISCAL IMPACT:
No fee increase is proposed by this action. The City will incur a nominal cost for filing the
Notice of Noncompliance on the title of the property with the County Recorder’s Office.
The City will incur no additional costs by the adoption of this resolution.
ENVIRONMENTAL:
The Planning Director has determined that the activities above are categorically exempt
from CEQA review pursuant to Section 15309 of the CEQA Guidelines.
EXHIBITS:
(Resolution No. 2001-324)
1. Notice of Non-Compliance dated September 19, 2001
2. Appeal dated September 26, 2001
3. UBC Section 312.5. Garage Floor Surfaces
4. UBC Section 215. Definition of Noncombustible
5. UBC Standard 2-l Noncombustible Material -Tests
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2001-324
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA DENYING THE APPEAL OF MR. &
MRS. KRIS KOLENDA FROM THE BUILDING OFFICIAL’S
DETERMINATION OF A VIOLATION OF CARLSBAD
MUNICIPAL CODE SECTION 18.04.010 AT 3627 TERRACE
PLACE, CARLSBAD, AND AUTHORIZING THE BUILDING
OFFICIAL OR HIS DESIGNEE TO FILE A CERTIFICATE OF
NONCOMPLIANCE ON THE TITLE OF THE PROPERTY WITH
THE COUNTY RECORDER’S OFFICE.
WHEREAS, the property located at 3627 Terrace Place has had carpet installed
on the garage floor in vehicular parking areas in violation of Uniform Building Code
Section (UBC) 312.5; and
WHEREAS, the owner has not demonstrated that the carpet is noncombustible
as defined in UBC Section 215; and
WHEREAS, the owners have receive numerous written Notices from the City
directing the carpet be removed and that carpet is still in place in violation of the UBC
Section 312.5; and
WHEREAS, when the Building Official determines that CMC Chapter 18.04.010
has been violated, he may file with the County Recorder a Certificate of Noncompliance
pursuant to CMC section 18.04.315.
WHEREAS, On September 19, 2001 Notice was provided, by certified mail, to
the owners of the property located at 3627 Terrace Place of the determination of
noncompliance; and
WHEREAS, On September 26, 2001, the owners filed a timely appeal of the
Building Official’s determination of noncompliance; and
WHEREAS, the City Council has heard testimony and considered evidence in
this matter.
Ill
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Carlsbad, California as follows:
1. That the above recitations and true and correct.
2. That the appeal of Mr. And Mrs. Kris Kollenda from the Building Official’s
determination of a violation of Carlsbad Municipal Code section 18.04.015 is denied.
3. That the Building Official or his designee is authorized to file, with the County
Recorder’s Office, a Certificate of Noncompliance on each property title at 3627 Terrace
Place if the carpet is not removed from all vehicular parking areas within ten (10) days
of the date this item is passed, approved, and adopted by the City Council.
PASSED, APPROVED AND ADOPTED at the regular meeting of the Carlsbad
City Council on the day of 2001, by the following
vote to wit:
AYES:
NOES:
ABSENT:
CLAUDE A LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
Page 2 of 2 - Resolution No. 2OOb32-J-
EXHIBIT 1
City of Carlsbad --.
September 19,200l
Certified and First Class Mail
70000520002492101478 Kristopher J. & Tonia J. Kollenda
3627 Terrace Pl
Carlsbad CA 92008
RE: 3627 TERRACE PLACE, CARLSBAD
NOTICE OF NONCOMPLIANCE
The Building Official of the City of Carl&ad has determined that the carpet affixed to the floor
of the garage at the above address has been installed in violation of Carlsbad Municipal Code
Section 18.04.010, which adopts the Uniform Building Code by reference.
The City has sought correction of this violation since August 2000. You have refused to comply
with the building code by removing the carpet. Pursuant to CMC 6 18.04.315 this Notice directs
that a Certificate of Noncompliance will be recorded against the above property for a violation of
CMC 18.04.010 Uniform Building Code.
This finding of noncompliance may be appealed to the City Council. Any appeal must be in
written form, identify the property subject to the Certificate of Noncompliance and filed with the
Building Department within ten (10) days from the date of this notice. Any requested appeal
wili be heard within sixty days of filing.
Thank you, for your prompt attention towards correcting the outstanding violation on this
property.
PATRICK KELLEY
Principal Building Inspector
c: City Manager
City Attorney
--- __-~- - __----------- -.--
* 1635 Faraday Avenue l Carlsbad, CA 92008-7314 l (760) 602-2703 l FAX (760) 602-8560
“15.04.315. Certifkatmf Noncomp!iance
a. If the Building Official determines there is a violation of this chapter, it
may result in the Building Official filing, in the Office of the County Recorder, a Certificate of Noncompliance. Said certificate shall describe the property, certify noncompliance, and state
that the owner or person in control of the property has been so notified. If a Certificate of
Noncompliance is filed, and where the permit, inspection, and/or approval required is obtained,
the Building Official shall provide to the property owner a Certificate of Compliance to file with
the County Recorder certifying compliance. Until a Certificate of Compliance has been filed, all
applications for grading permits, use permits, major and minor subdivisions, rezones, specific
plans, specific plan amendments, general plan amendments, discretionary approvals and building
permits may be denied.
b. When the Building Official or the authorized representative thereof determines that compliance to this chapter is not had, they shall provide written notice, by
certified maii return receipt requested, to the owner or person in control of the property. Said
notice shall contain: (1) a description of the property; (2) the condition or condition that has
caused the noncompliance: (3) a reasonable time limit to bring the property into compliance; (4)
the potential to record a Certificate of Noncompliance; and (5) the right to appeal.
c. W’ithin ten days from the date of giving of notice, the owner or person in
control of the property may file an appeal of the finding of noncompliance to the City Council.
Such appeal shall be in writing and shall identify the property subject to the Certificate of
Noncompliance. The City Council must hear the appeal within sixty days from the filing of the
appeal or at such later date as may be agreed to by the appellant. Notice of the hearing date shall
be given in writing. The hearing date shall be no sooner than five days from the date when notice
of the hearing is given to the appellant and to the Building Official. The decision of the City
Council is final.”
EXHIBIT 2 . . ”
: ’ J+ /- &&y Afl@/
1998 CALIFORNIA BUILDING CODE
Division 1. Private garages, carports, sheds and agricultural buildings.
EXCEPTION: Where applicable (see Section 101.3) for agricul- tural buildings, see Appendix Chapter 3.
Division 2. Fences over 6 feet (1829 mm) high, tanks and towers.
For occupancy separations, see Table 3-B.
312.2 ‘Construction, Height and Allowable Area.
312.2.1 General. Buildings or parts of buildings classed as Group U, Division 1 Occupancies because of the use or character of the occupancy shall not exceed 1,000 square feet (92.9 mZ) in area or one story in height except as provided in Section 3 12.2.2. Any building or portion thereof that exceeds the limitations speci- fied in this chapter shall be classed in the occupancy group other than Group U, Division 1 that it most nearly resembles.
312.2.2 Special area provisions. The total area of a private ga- rage used only as a parking garage for private or pleasure-type motor vehicles where no repair work is done or fuel dispensed may be 3,000 square feet (279 m2), provided the provisions set forth in Item 1 or 2 are satisfied. More than one 3,OOO-square-foot (279 m2) Group U, Division 1 Occupancy may be within the same building, provided each 3,000-square-foot (279 rnq area is sepa- rated by area separation .yalls complying with Section 504.6.
1. For a mixed-occupancy building, the exterior wall and opening protection for the Group U, Division 1 portion of the building shall be as required for the major occupancy of the build- ing. For such mixed-occupancy building, the allowable floor area of the building shall be as permitted for the major occupancy con- tained therein.
2. For a building containing only a Group U, Division 1 Occu- pancy, the exterior wall and opening protection shall be as re- quired for a building classified as a Group R, Division 1 Occupancy.
312.2.3 Headroom clearance. Garages in connection with Group R, Division 1 Occupancies shall have an unobstructed headroom clearance of not less than 7 feet (2 134 mm) above the finish floor to any ceiling, beam, pipe or similar construction ex- cept for wall-mounted shelves, storage surfaces, racks or cabi-
nets.
312.3 Location on Properly. For fire-resistive protection of ex- terior walls and openings, as determined by location on property, see Section 503 and Chapter 6.
312.4 Special Hazards. Chimneys and heating apparatus shall conform to the requirements of Chapter 31 and the Mechanical Code.
Under no circumstances shall a private garage have any open- ing into a room used for sleeping purposes.
Class I, II or III-A liquids shall not be stored, handled or used in Group U Occupancies unless such storage or handling shall com- ply with the Fire Code.
312.5 Garage Floor Surfaces. In areas where motor vehicles are stored or operated, floor surfaces shall be of noncombustible materials or asphaltic paving materials.
312.6 Agricultural Buildings. Where applicable (see Section 101.3) for agricultural buildings, see Appendix Chapter 3.
EXHIBIT 3 312.1 372.8
312.7 [For HCD I & 21 Springs. zt
312.7.1 Extension garage door springs. Evev garage door .% t spring sold or offeredfor sale, whether new or as a replacement, A”t or installed in any garage or carport which is accessory to an g b
apartment house, hotel, motel or dwelling shall conform to the 2 k
following requirements: it
312.7.1.1 Hard-drawn spring wire shall conform to ASTM A Act
22-71, and shall be made by the steel processes described therein, it c L
conformina to the chemical comoositions reauirements listed and A, C
meiting the standards of steel hkat as set foih by the ladle analy- sis. wire tensile strength and dimension variations shall meet the
prescribed properties of established standards.
312.7.1.2 Oil-tempered wire shall conform to ASTM A 229-71,
and shall be made by the steel processes described therein con-
forming to the chemical compositions requirements listed and meeting the standards of steel heat as set forth by the ladle analy-
sis. wire tensile strength and dimension variations shall meet the
prescribed properties of established standards.
312.7.1.3 Extension springs shall be fabricated from either hard
drawn spring wire or oil-tempered wire as required in Sections 312.7.1.1 and 312.7.1.2 above.
312.7.2 Design standards. Minimum design standard shall be
9,000 cycles. (One cycle is equal to door opening plus door clos- ing at maximum working load)
312.7.3 Certifietion.
312.7.3.1 Mill certzfication of wire physical tests and chemical
properties shall be kept on file by the spring manufacturer.
312.7.3.2 Physic;1 cycling tests shall be performed for each spring design and shall be cert$ed by an approved testing
agency acceptable to the department and reports kept on file by
the manufacturer.
Containment devices shall be physically testedfor each spring design by installing the device on the spring and by destroying the
spring at maximum recommended stretch. Containment tests
shall be certified by an approved testing agency acceptable to the department and reports kept on file by the manufacturer.
312.7.4 Containment devices. Each spring shall be equipped
with an approved device capable of restraining the spring or any
part thereof in the event it breaks.
312.7.5 Identification. Springs shall be permanently identified
as to manufacturer and also to indicate maximum recommended
stretch. Both springs and containment devices shall bear infor- mation stating that they have been manufactured in accordance
with requirements of the California Depamnent of Housing and
Community Development.
312.7.6 lnstalhation. Installation of springs, containment de-
vices and hardware shall be in accordance with the manufactur-
er > installation instructions. Instructions shall be provided by
the manufacturer and shall specify the approved method of re-
straint and maximum recommended stretch. Unless. otherwise permitted by the manufacturer’s installation instructions, the
hardware and springs shall be mounted to nominal 12 by 6fram-
ing members which shall be of a species ident$ed AS Group I or II
in Volume 3, Chapter 23, Division III.
312.8 [For SFM] In private garages usedfor charging electric
vehicles, equipment shall be installed in accordance with the Cal- ifornia Electrical Code. Ventilation, if required by Section 1206,
shall be provided.
l-40.1
h i: Fit Act Lit 2 t Ek u Act A”:: sit A”t zt Sit ACt Et 2 t gk
H et is 2t Act Act : E 1 zt q
Ii t< p@ 14 L it fit it 2:: Iit at St it it it 81 2. t et tt t! t 4 L
i t
i t
: t
1998 CALIFORNIA BUILDING CODE
F LIQUID is any material that has a fluidity greater than that of f: 300 penetration asphalt when tested in accordance with the
E Uniform Fire Code standards. When not otherwise identified, the F term “liquid” is both flammable and combustible liquids.
LIQUID STORAGE ROOM is a room classified as a Group H, Division 3 Occupancy used only for the storage of flammable or combustible liquids in a closed condition. The quantities of flammable or combustible liquids in storage shall not exceed the limits set forth in the Fire Code.
LIQUID STORAGE WAREHOUSE is a Group H, Division 3 Occupancy used only for the storage of flammable or combustible liquids in an unopened condition. The quantities of flammable or combustible liquids stored are not limited.
LISTED and LISTING are terms referring to equipment or materials included in a list published by an approved testing labo- ratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of current productions of listed equipment or materials. The published list shall state that the material or equipment complies with approved nationally recognized codes, standards or tests and has been tested or evaluated and found suitable for use in a specified manner.
k g [For HCD I & 2, SFM] These terms shall also mean equipment
t g or materials accepted by the statefire marshal as conforming to
L
!Z
2 the provisions of the statefire marshal k regulations and which are
C included in a list published by the state fire marshal. [ t! t $ [For HCD 1, DSAhC] LIVING ACCOMMODATIONS
t $ means any building or portion thereof having three or more apart- A ments as defined in this code or any publicly funded building or
p portion thereof.
t [For HCD 2 & Z] LOADS. See Chapter 16.
'L t 2 [For HCD Z h 2, SFM] LOBBY is an area not defined as a
L 2 waiting room at the entrance of a building through which persons
t C mustpass.
k [For HCD I & 21 LODGING HOUSE is any building or por- tion thereof containing not more than five guest rooms where rent is paid in money, goods, labor or otherwise.
k [For HCD 2 & 2] LOW-PRESSURE HOT-WATER- HEATING BOILER is a boiler furnishing hot water at pressures not exceeding 160 psi (1103.2 kF’a) and at temperatures not exceeding 250°F (12lOC).
b [For HCD I & 21 LOW-PRESSURE STEAM-HEATING BOILER is a boiler furnishing steam at pressures not exceeding 15 psi (103.4 kPa).
SECTION 214 - M
t 2 [For D&i/AC, HCD I/AC] MARKED CROSSING is a cross-
walk or other identified path intended for pedestrian use in cross- i 8 ing a vehicular way.
MARQUEE is a permanent roofed structure attached to and supported by the building and projecting over public property. Marquees are regulated in Chapter 32.
k [For HCD I & 21 MASONRY is that form of construction composed of stone, brick, concrete, gypsum, hollow-clay tile, concrete block or tile, glass block or other similar building units or materials or combination of these materials laid up unit by unit and
set in mortar.
k [For HCD I & 21 MASONRY, SOLID, is masonry of solid units built without hollow spaces.
EXHIBIT 4 213 215
MECHANICAL CODE is the Uniform Mechanical Code pro- mulgated by the International Conference of Building Ofl?cials,
as adopted by this jurisdiction.
[For SFM] MENTALLY RETARDED PERSONS, PRO- FOUNDLY OR SEVERELY, shnll mean any retarded person who is unable to evacuate a building unassisted during emergency
conditions.
NOTE: The determination os to such incapacity shall be made by the
director of the State Department of Public Health or his designated rep- resentah’vepursuont to Health nnd Safety Code Section 13131.3.
[For HCD I] MESS HALL is a room or portion of a room in an
employee housing facility, other than a kitchen or dining area in a
dwelling unit, used or intended to be used for the serving of food.
[For HCD I] MESS HALL KITCHEN is a room or portion of
a mom used or intended to be used as a kitchen in conjunction with
a mess hall.
[For HCD I& 21 MEZZANINE or MEZZANINE FLOOR is an intermediate floor placed within a room.
[For HCD I & 2, DSA/AC] MOTEL shall mean hotel as de- fined in this code.
MOTOR VEHICLE FUEL-DISPENSING STATION is that potion of a building where flammable or combustible liquids or gases used as motor fuels are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles.
[For HCD 1 & 2, DSA/AC] MULTIPLE-ACCOMMODA- TION TOILET FACILITY is a room that has more than one sani-
tary future, is intended for the use of more than one person at a
time, and which usually is provided with privacy compartments or screens shielding some fixtures from view. A bathroom serving a
hotel guest room ,and a privacy toilet in small offices, stores and
similar locations are not included in this category.
SECTION 215 - N
[For SFM] NONAMBULATORY PERSONS are persons un- able to leave a bl(ilding unassisted under emergency conditions. It
includes, but is not limited to, persons who depend on mechanical aids such as crutches, walkers and wheelchairs and any person
who is unable to physically and mentally respond to a sensory sig-
nal approved by the state fire marshal or an oral instruction relat- ing tofire danger.
The determination of ambulatory or nonambulatory status of persons with developmental disabilities shall be made by the
director of Social Services or his or her designated representative,
in consultation with the director of Developmental Services or his
or her designated representative. The determination of ambulato- ry or nonambulatory status of all other disabled persons placed
afrer January 1.1984, who are not developmentally disabled shall
be made by the director of Social Services or his or her designated
representative.
[For HCD 1 & 21 NONCOMBUSTIBLE, as applied to build- ing construction material, means a material that, in the form in which it is used, is either one of the following:
1. Material of which no part will ignite and bum when sub- jected to fire. Any material conforming to UBC Standard 2-l shall be considered noncombustible within the meaning of this section.
2. Material having a structural base of noncombustible materi- al as defined in Item 1, with a surfacing material not over l/s inch (3.2 mm) thick which has a flame-spread rating of 50 or less.
“Noncombustible” does not apply to surface finish materials. Material required to be noncombustible for reduced clearances to
flues, heating appliances or other sources of high temperature shall refer to material conforming to Item 1. No material shall be
1-12.1
215 217
classed as noncombustible, which is subject to increase in com- bustibility or flame-spread rating, beyond the limits herein estab- lished, through the effects of age, moisture or other atmospheric condition.
Flame-spread rating as used herein refers to rating obtained ac-
cording to tests conducted as specified in UBC Standard 8- 1.
[For HCD I & 21 NORMAL shall mean conforming to a pat-
tern or standard regarded as usual or typical.
SECTION 216 - 0
[For HCD 2 & 2] OCCUPANCY is the purpose for that a building, or part thereof, is used or intended to be used.
[For HCD 2, DSMAC] OCCUPIABLE is a room or enclosed
space designed for human occupancy in which individuals con- gregate for amusement, educational or similar purposes, or in
which occupants are engaged at labor; and which is equipped with means of egress, light and ventilation.
[For DSA/AC] OPERABLE PART is a part of a piece of t: i! k $ equipment or appliance used to insert or withdraw objects, or to
L A activate, deactivate or adjust the equipment or appliance (for ex- k 2 ample, coin slot, pushbutton, handle).
ORIEL WINDOW is a window that projects from the main line of an enclosing wall of a building and is carried on brackets or corbels.
OWNER is any person, agent, firm or corporation having a legal or equitable interest in the property.
SECTION 217 - P
t [For HCD Z & 21 PANIC HARDWARE. See Section 1002.
t 2 [For HCD Z & 2, DSA/AC] PASSAGE DOOR is a door other
i ,$ than an exit door through which persons may traverse.
L a k c [For HCD Z & 2, DSA/AC] PASSENGER ELEVATOR. See L $J definition of “elevator ” Chapter 30.
t “c
L-A [For DSA/AC] PATH OF TRAVEL is a passage that may con-
Y sist of walks and sidewalks, curb ramps and pedestrian ramps, lobbies and corridors, elevators, other-improved areas, or a net-
essary combination thereof; that provides free and unobstructed
access to and egress from a particular area or location for pedes- trians and/or wheeLchair users.
[For HCD Z & 2, DSA/AC] PEDESTRIAN is an individual
who moves in walking areas with or without the use of walking- assistive devices such as crutches, leg braces, Loheelchairs, etc.
[For DSAiAC] PEDESTRIAN GRADE SEPARATION is a
structure erected over or under an obstacle such as a freeway,
roadway, street, railroad, stream, etc., and intended primarily for
pedestrian use.
[For HCD Z h 2, DSA/AC] PEDESTRIAN RAMP is a slop-
ing path of travel intended for pedestrian tra@c and as dtfferen-
tiatedfiom a curb ramp.
[For HCD Z & 2, DSAIAC] PEDESTRLAN WALKWAY is a walkway used exclusively as a pedestrian trafficway.
[For HCD I& 2, DSA/AC] PEDESTRIAN WAY is a route by
which a pedestrian may pass.
[For DSA/AC] PERMANENT shall mean facilities which are
intended to be used for periods longer than those designated in
this code under the definition of “temporary. ”
I-12.2
1998 CALIFORNIA BUILDING CODE
[For HCD Z & 2, D&i/AC] PERMIT is an official document or certificate issued by the building official authorizing perform- ance of a specified activity.
PERSON is a natural person, heirs, executors, administrators or assigns, and includes a firm, partnership or coIporation, its or their successors or assigns, or the agent of any of the aforesaid.
[For HCD 1 & 21 PERSONS WITH PHYSICAL DISABILI- TIES. See Chapter DA for occupancies regulated by HCD 1.
PHOTOLUMINESCENT is the property of emitting light as the result of absorption of visible or invisible light, which contin- ues for a length of time after excitation.
PLASTIC MATERIALS, APPROVED, other than foam plastics regulated under Sections 601.55 and 2602, are those plas- tic materials having a self-ignition temperature of 650°F (343°C) or greater as determined in accordance with UBC Standard 26-6, and a smoke-density rating not greater than 450 when tested in accordance with UBC Standard 8-1, in the way intended for use, or a smoke-density rating not greater than 75 when tested in ac- cordance with UEtC Standard 26-5 in the thickness intended for use. Approved plastics shall be classified as either CC1 or CC2 in accordance with UBC Standard 26-7. See also “foam plastic insulation.”
[For HCD 1 & 21 PLATFORM. See Section 405.1.2.
[For DSA/AC] PLATFORM, UNENCLOSED, is a horizon-
tal, generally level and raised sudace for speakers, perform-
ances, displays, etc., as distinguished from platforms which are enclosed.
PLUMBING CODE is the Plumbing Code, as adopted by this jurisdiction.
[For HCD 1%~ 2, DSAJAC] POWER-ASSISTED DOOR is a door used for human passage with a mechanism that helps to open
the door; or relieves the opening resistance of a door; upon the ac- tivation of a switch or a continuedforce applied to the door itself
[For AGR] PREPAkE means to slaughter cut up, bone, recut, pack, repack, label, or relabel fresh or frozen pet food or horse-
meat intendedfor human use subject to the control of the Caltfor-
nia Department of Agriculture.
[For AGR] PROCESSING FOR USE AS PET FOOD means chilling, freezing, packing, repacking, or otherwise handling any
meat, meatfoodproduct or meat byproduct, or horsemeat, horse-
meat food product, or horsemeat byproduct destined for me as pet food.
[For HCD I& 21 PROTECTIVE MEMBRANE is a surface material that forms the required outer layer or layers of a fire-resis- tive assembly containing concealed spaces.
[For HCD Z & 2, DSA/AC] PUBLIC ACCOMMODATION
includes, but is not limited to, any building or facility that falls into
one of the following categories:
I. Places of lodging.
2. Establishments serving food or drink.
3. Places of exhibition or entertainment.
4. Places of public gathering.
5. Sales or rental establishments.
6. Service establishments.
7. Stations used for public transportation.
8. Places of public display or collection.
9. Places of recreation.
1997 UNIFORM BUILDING CODE
Volume 3
EXHIBIT 5 STANDARD 2-1
UNIFORM BUILDING CODE STANDARD 2-1
NONCOMBUSTIBLE MATERIAL-TESTS
Based on Standard Method of Test E 136-79 of the American Society for Testing and Material& Extracted, with permission, from the Annual Book of ASTM Standards, copyright
American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428
See Sections 201.2 and 215, Uniform Building Code; Section 218, Uniform Mechanical Code; and Section 211, Uniform Sign Code
SECTION 2.101- SCOPE
This standard describes a procedure for the determination of non- combustibility of elementary materials of which building materi-
als are composed, to iridicate those materials which do not act to aid combustion or add appreciable heat to an ambient fire. It is not intended to apply to laminated or coated materials.
SECTION 2.102 - APPARATUS
The apparatus shall consist primarily of the following:
Refractory tubes. lXvo IO-inch-long (254 mm), concentric re- fractory tubes, 3 inches (76 mm) and 4 inches (102 mm) in inside diameter, with axes vertical and with heat applied by electric heat- ing coils outside of the larger tube. A controlled flow of air is ad- mitted tangentially near the top of the annular space between the
tubes and passes to the bottom of the inner tube. The outer tube
rests on a refractory bottom and the inner tube rests on three spacer blocks so as to afford a total opening under the inner tube equal to or greater than that of the annular space. The refractory bottom plate has a removable plug for cleaning.
Transparent cover. A transparent cover of heat-resisting glass
or other transparent material shall be provided over the top of the inner tube with a l-inch square (645 mm2) opening over the axis of the tubes. This cover may be in two movable parts.
Thermocouples or other temperature-measuring devices, pref- erably automatically recording, shall be provided, one for the air
in the lower part of the inner tube, another on the specimen in the approximate center of the space, and a third within the interior of the specimen. A thermocouple may be provided in the region of the heating coils for better regulation of the temperature of the air in the furnace space. The two specimen thermocouples shall have
a time constant [time to reach 63.2 percent of the furnace air tem- perature of 1382°F (75O”C)] of five to 10 seconds.
SECTION 2.103 -TEST SPECIMENS
All test specimens shall be 11/2 inches (38 mm) wide by 11/2 in- ches (38 mm) thick in cross section perpendicular to the air flow in the furnace and 2 inches (51 mm) long with tolerances on the di- mensions of plus or minus t/to inch (2.5 mm). The specimens shall
be dried at 140°F plus or minus 5°F (60°C 2 3°C) for not less than 24 hours nor more than 48 hours before being tested.
Specimens in granular or powder form may be contained in
thin-wall, open-top vessels of inert materials whose outside di- mensions conform to the specimen shape and maximum size spe-
cified in this section. These vessels may have solid walls or be of mesh.
Not less than four identical specimens shall be tested.
SECTION 2.104 - PROCEDURE
Prepare the furnace by bringing the temperature (at the approxi- mate position to be occupied by the center of the specimen) of the air in the furnace tube to 1382°F plus or minus 10°F (750°C k
6”C), maintaining the furnace setting long enough to ascertain that it will remain at constant temperature in the unloaded furnace for at least 15 minutes while air passes at a velocity of 10 feet per min-
ute (3 m/min.) plus or minus 20 percent past a loaded specimen in the tube, computed on the basis of air supply and velocity at room temperature and pressure.
As rapidly as possible, insert the test specimen into the furnace, with a thermocouple attached to the side surface of the specimen and a thermocouple inserted from the top of the specimen to its ap- proximate volumetric center. Close the top cover to the l-square-inch (645 mm2) opening immediately after insertion of the specimen. Readings for the specimen thermocouples shall be made at intervals not to exceed 10 seconds during the first five
minutes, and as often afterwards as necessary to produce a smooth
curve. Do not change the regulation of the current through the heating coils and the air flow during the test.
Continue the test until the temperatures at the specimen thermo- couples have reached maxima or until it is clearly evident that the
specimen does not pass this test.
Throughout the test make and record visual observations on the specimens, noting quality, quantity or intensity and duration of flaming or smoking, or both, and change of state.
Weigh each specimen before and after testing and record the weight loss to the nearest 1 percent.
SECTION 2.105 - INTERPRETATION OF RESULTS
Materials subjected to the test described in this method shall be
reported as noncombustible if, for three or more of the four specimens tested, (1) the recorded temperatures of the surface and interior thermocouples do not at any time during the test rise to
more than 54°F (30°C) above the furnace air temperature at the be- ginning of the test, (2) if there is no flaming from the specimen af- ter the first 30 seconds and (3) when the weight loss of the
specimen during testing exceeds 50 percent, the recorded temper- ature of the surface and interior thermocouples do not at any time during the test rise above the furnace air temperature at the begin-
ning of the test and there is no flaming of the specimen.
r
.c
Date: November I,2001
To: City Manager
Principal Building Inspector
Subject: 3627 Terrace Place Appeal
The Kollenda’s appeal from the Building Official’s determination that the carpet in their
garage is in violation does not give much room for Council to problem solve the issue
without the cooperation of the owners. The Kollenda’s have the right to appeal, per the
ordinance, that the City intends to file the Notice on the title of their property. The carpet
has not been tested and found to be “non-combustible” as defined in the Building Code.
Mr. Kollenda is in the carpet business, and the company that manufactured the carpet is
evidently marketing this product as “garage carpeting”. (See attached) That may be why
the owners and the manufacturers are trying so hard to keep the carpet in the parking
areas. The carpet manufacturer might be exposed to other liabilities.
Staff has suggested a number of alternatives to the Kollendas such as having the carpet
tested to the Standard in the UBC or removing the carpet from just the vehicle parking
areas and keeping carpet in the obvious pedestrian paths of the garage. The owners
are contesting that the testing standard even applies to carpet. The standard applies to
any building materials that a manufacturer may wish to have listed as non-combustible.
Carpet is not required to achieve such a rating when it is installed within the habitable
portion of a dwelling unit. In the parking areas of garages, the floor finishes have to be
noncombustible. It’s very unambiguous Code language, and the City’s plan check
consultant engineers agree with the City’s determination in this matter.
Council could choose to allow the owners more time to comply, or choose to direct staff
not to file the Notice on the title of the property, but the case will not close until the
violation is removed. That would mean choosing another prosecutorial option to force
the carpet to be removed. When we file the Notice on title of the property, we are
essentially closing any further action on the case and future potential buyers get to
know about the violation.
d s .p BEAXdb afAlMERIcA*
PP T514 GARAGE CARPET
Level Loop Graphic
Kev Selling Points
# 100% BCF Olefin
# Reduces Dust and Dirt
# Great for Garages
# Available in 3 Colors
Pile Fiber ........................................... lOO?/o BCF Olefin
Primary Back ...................................... Polypropylene
Secondary Back .................................... Unitary Back
Dye System. ........................................ Solution
:Pattm Repeat ...................................... 1.25” x 1”
Wide ................................................ 12’
Pile Height .......................................... .I60
kinishtd Wt. ........................................ 24.1 oz. Per Square Yard
Density ............................................. 5,400
Twist .. I ............................................ .N/A
P.A.R. ............................................... 4.00
5 140 Skylark
5 14 1 Larkspure
5 I42 Pawinkle
&vised 6/l/99
. . . . I., _ : -,. ,
Fax No.:
Date:
From: c&@-k ibGef/AQ
Fax No.: (160)438-0261
No, of Pages (including COV+:
WRING: 5’Xs fax is intended only for the recipient(s) named above. If you receive this fax by mistake, please telephone us (collect) af the phone number below to let us know of the error, If this fax contains privileged or otherwise legallyprofected information, disclosure of the information to anyone other than the
named recipient(s) is not authorised, and you may not IawfuUy read, copy, or othenxise use this fax unless
you are a named recipient or a named recipient’s authorized representative.
2006 LmLmllr &+mt c&ad, &itE 113 - CaJ&d, co+ 92005 n (760) 93141~1 ’
TOOlPI hVM3,LW 1910 8CP ODL XVd 9Z:DT 3KC TO/BO/TT
!3L !3&ac~5 at Sunny Cd LCC
November 6: 2001
Mr. Robert J. Wojcik
City of Carlsbad
Engineering Department
163 5 Faraday Avenue
Carlsbad, CA 92008
Dear Mr. Wojcik:
Thank you for meeting with us this afternoon. The Terraces at Sunny Creek LLC hereby
withdraws its appeal for a stockpile permit to the City Council. The City will, however, extend
our grading permit to allow us to finish our affordable housing site and the remaining lots in our
residential project (lots 112- 172).
Sincerely,
Vice President
CD/j t
2006 GM&n,, &y!mtt &oad, Suitr 113 m CdJad, ccq 92005 - (760) 931~SlSl
zoom hVMELLV3 TOZO 9EP OOL XVJ 9z:or 3llLTa T0/90/TT
, k;. 7 . a %Z,:.. , :_ j .’ 1997 UNiFORM BUILDING CODE
ii: ;.. 2’. :: 7;.. .,*.;i .? ? Structures of Type II-F.R., Type II One-hour or ‘Qpe II-N .+ 5. construction, with all sides open, may be unlimited in area when
,i.’ the height does not exceed 7.5 feet (22 860 mm). For a side to be “2 g., considered open, the total area of openings along the side shall not y; be less than 50 percent of the interior area of the side at each tier,
$.
and such openings shall be equally distributed along the length of
the tier. All portions of tiers shall be within 200 feet (60 960 mm) k horizontally from such openings.
:-- :,: 311.9.6 Location on property. Exterior walls and openings in
‘5 ?,i exterior walls shall comply with Table 5-A. The distance from an adjacent property line shall be determined in accordance with 2, Section 503. :., F
E. :y, I
311.9.7 Stairs and means of egress. Where persons other than
parking attendants are permitted, the means of egress shall meet the requirements of Chapter 10, based on an occupant load of 200 I ; square feet (18.6 m2) per occupant. Where no persons other than :‘. parking attendants are permitted, there shall not be less than two
1, ,3-foot-wide (914 mm) stairs. Lifts may be installed for use of i’ i .’ employees only, provided they are completely enclosed by non- :.’ ; combustible materials.
[‘. 311.9.8 Standpipes. Standpipes shall be installed when -7 required by the provisions of Chapter 9.
311.9.9 Sprinkler systems. When required by other provisions
-: of this code, automatic sprinkler systems and standpipes shall be
: installed in accordance with the provisions of Chapter 9.
ji 311.9.10 Enclosure of vertical openings. Enclosure shall not .
’
be required for vertical openings except as specified in Section
311.9.7 for lifts.
b. 311.9.11 ‘Ventilation. Ventilation, other than the percentage of openings specified in Section 311.9.2.2, shall not be required.
311.9.12 Prohibitions. The following uses and alterations are
not permitted:
1. Automobile repair work.
2. Parking of buses, trucks and similar vehicles.
.3. Partial or complete closing of required openings in exterior . walls by tarpaulins or any other means.
4. Dispensing of fuel.
311.10 Helistops.
311.10.1 General. Helistops may be erected on buildings or
other locations if they are constructed in accordance with this sec- ‘, tion.
311.10.2 Size. The touchdown or landing area for helicopters of
less than 3,500 pounds (1589 kg) shall be a minimum of 20 feet by ,‘: 20 feet (6096 mm by 6096 mm) in size. The touchdown area shall ’ be surrounded on all sides by a clear area having a minimum aver- age width at roof level of 15 feet (4572 mm) but with no width less ‘, than 5 feet (1524 mm).
311.103 Design. Helicopter landing areas and supports there- for on the roof of a building shall be of noncombustible construc- tion. Landing areas shall be designed to confine any Class I, II or III-A liquid spillage to the landing area itself and provision shall ‘: be made to drain such spillage away from any exit or stairway
serving the helicopter landing area or from a structure housing
such exit or stairway.
I 1 311.10.4 Means of egress. Means of egress from helistops shall comply with the provisions of Chapter 10 of this code, except that all landing areas located on buildings or structures shall have two 1 or more means of egress. For landing platforms or roof areas less
q /.$/ ,7&v& 312.4
than 60 feet (18 288 mm) in length, or less than 2,000 square feet (186 m2) in area, the second means of egress may be a fire escape or ladder leading to the floor below.
311.10.5 Federal Aviation Administration approval. Before
operating helicopters from helistops, approval must be obtained from the Federal Aviation Administration.
SECTION 312 - REQUIREMENTS FOR GROUP U OCCUPANCIES
312.1 Group U Occupancies Defined. Group U Occupancies shall include buildings or structures, or portions thereof, and shall be:
Division 1. Private garages, carports, sheds and agricultural
buildings.
EXCEPTION: Where applicable (see Section 101.3) for agricul- tural buildings, see Appendix Chapter 3.
Division 2. Fences over 6 feet (1829 mm) high, tanks and towers.
For occupancy separations, see Table 3-B.
312.2 Construction, Height and Allowable Area.
312.2.1 General. Buildings or parts of buildings classed as
Group U, Division 1 Occupancies because of the use or character of the occupancy shall not exceed 1,000 square feet (92.9 m2) in area or one story in height except as provided in Section 312.2.2. Any building or portion thereof that exceeds the limitations speci-
fied in this chapter shall be classed in the occupancy group other than Group U, Division 1 that it most nearly resembles.
312.2.2 Special atx?a provisions. The total area of a private ga- rage used only as a parking garage for private or pleasure-type motor vehicles where no repair work is done or fuel dispensed
may be 3,000 square feet (279 m2), provided the provisions set
forth in Item 1 or 2 are satisfied. More than one 3,000-square-foot (279 m2) Group U, Division.1 Occupancy may be within the same building, provided each 3,000-square-foot (279 m2) area is sepa- rated by area separation walls complying with Section 504.6.
1. For a mixed-occupancy building, the exterior wall and opening protection for the Group U, Division 1 portion of the building shall be as required for the major occupancy of the build- ing. For such mixed-occupancy building, the allowable floor area of the building shall be as permitted for the major occupancy con-
tained therein,
2. For a building containing only a Group U, Division 1 Occu- pancy, the exterior wall and opening protection shall be as re-
quired for a building classified as a Group R, Division 1 Occupancy.
312.2.3 Headroom clearance. Garages in connection with Group R, Division 1 Occupancies shall have an unobstructed headroom clearance of not less than 7 feet (2134 mm) above the finish floor to any ceiling, beam, pipe or similar construction ex- cept for wall-mounted shelves, storage surfaces, racks or cabi- nets.
312.3 Location on Property. For fire-resistive protection of ex-
terior walls and openings, as determined by location on property, see Section 503 and Chapter 6.
312.4 Special Hazards. Chimneys and heating apparatus shall
conform to the requirements of Chapter 31 and the Mechrmical
Code.
Under no circumstances shall a private garage have any open- . . .^ . . mg into a room used tar sleepmg purposes.
j j 1 : / i
1 -: L
.F _
312.4 312.6
Class I, II or III-A liquids shall not be stored, handled or used in Group U Occupancies unless such storage or handling shall com-
ply with the Fire Code.
312.5 Garage Floor Surfaces. In areas where motor vehicles
are stored or operated, floor surfaces shall be of noncombustible materials or asphaltic paving materials.
312.6 Agricultural Buildings. Where applicable (see Section
101.3) for agricultural buildings, see Appendix Chapter 3.
l-32
1997 UNIFORM BUILDING
I7 @
.
. . ,. .-.
.- ,.-. _ _.._.
Beaulieu Reddential
CORONET CoLUMbUS
. CAWiUM
MARKETINGBRAND: CORCNET
STYLE 00133 PASSPORT 26
CONS’MRUCTION LEVEL LOOP
.PXBER 100% BCF DIATKON NYLON
DYEMETHOD SOLUTION
GAUGE l/10
STITCBES'PER INCH 10 -. ,ozs PER SQUA.RR YARD I... 26 oz
TOTAL WEIGHT OZ/SQ. YD 64 OZ
,AVERAGIMLEEEXGET .I30
DENSITY 7,200 i
pAI% 4.0
PRIMARY BACKrNG WOVEN P0LYPR0wLEm %., SECONDARY BKKING WOVEN POLYPROPYLENE
WIDTH 12
PA’ITERN REPEAT NA
STATIC PROPENSITY LESS THAN 2.0 KV
NBS SMOKE DENSITY LESS THAN 450
PLAMMABIWTY _ CLASS I
SmMnJD CERTrnD f70195 TYPEIBtII CLASS’lk2 --
STAIN PROTECTION NA
[WARRANn 16 WAR LI.MM’ED CoblMERclhL WEAR 1 4
JAN-03-01 WED 02:16 PII BEAULIEU ’ t BEAULQUALIfu y.97 ‘izm : *a
!I :* s . , ’ . . a:; ,
..I I.*
e .z :
L
-- Btnuuta *
FAX NO, 6009442840 P, 03
12/D luo 14:oo W.226 M/c)l
. ;* .
i* .
Gkr - i-r. a: ,5-#c.
Unfm ;;rr! Tcut Hesub .
.’
78&t Method CSSC m.m LI .
_ l
.-.
d
1 NUnriruTesSsd, g
. : NumbwPMa@d f .“-
.
a.
. , ’ . . c L ,‘O..., +A i - *, ~~.$&: ‘IQlj/i00’d ;cii*
.
l
%’ % ! .A
.- . : .-
I
.
~oe$mMM& ’ * .
.r
l
:
&WLMAd+ -cqAtr~lr))*L.~% * ’ .:*a 1 c -
,
TEST NUMBER
0058
Dalton, Gsmgla .90722-W@ ~o~ephons 706418-343 Fax 7CW&‘2X67 REPOR f
CUSTOMER: United Carpet Mills, Inc. January 12, 1995
SUBJECT: S~lmens 01 the submItted sample were prepartti end tested in accordance w;th the procedures pcopossd
by the National Inrtitute Of Standards and Tw%notcgy (iormerb N&ions1 Bureau ol Standams).
Technical Nob? 706 and NFPA 258, ASTM E-662.
SMOKE DENSITY rtw (NI ST)
Of&rating ConditiqrJs . . 3 t
IWdl~lX 2.5 wmeicrn~ 0 Fmor 1.72
thwmal ExP~~IJR! Flaming
Furnace Valug~: 109
burner Fuel: Propane
amole Descriorbn
;;w; : 133 2 139134-B Secondary Backing: Woven Synthetic
test Fkw!fS .--.e..
Chamber Temperarure. “I=. fslarll
Chamber Prossuro
Min. Transmittance (TM), Y
81, minutes
Max. Spat. Opr. Densiry (DM)
Clear Seam, (00
OM, CORRECTED @MC)
spot. Opr, Danslty a1 1.1 min.
Swc, Opt, Oenslry at 4.0 min.
Tim0 1~ 90% OM, mirlutss
Time to OS 1. 16, mtrruws
01 82 a3 A%
95 95 95
Mnlntainsd positlv8. undw 3” Ha0
a .,...2 4., ,, , 6
. Gtj&$$&a .- utkorwd Signawa
INDEPENDENT TE%TIlE TESTlNG SERVICE, INC.
Our lCllC:$ 8r)r.l reprl$ ~3rd IQ ilrC CIEIIJINI) S.M nl 71% CIJS~O~CI 10 ehom Ihey •~- mo&+o, #no V~erf oommtirallon f4 .my wh?ra ur lhc USA 01 Ihc n*nc hl Ifluepcnrwt~l T*rlw llinl~rlfi $mu*a, Ih:..fw~af 14r.a~ opf ~mc writfan wp(D*W, !wI~Iw~ wWrecpan3 4r+31, onfv IB !he ~i3~ml41~r)r~anrl arc nor nRCIsLPtily
~r~dworw UI lhu qI~u/ollw.l irl i~~ixict!c~~l~ nl\Mcal nr hIlnllM fSiwlJt,h Thr: repr*tF 1111.1 Iu!R;~ rnn lnt n41n9 nt IM Itlqf~~fl&nl Tcr:lla Tcjling Sw.lCC. Inc arc
11~ IU hi 14d~d mm w~v CI~N%WYJ 841 xb~ri~a~ 10 1114 gwwrnl pw~Itc
Independent $ Textile Test Number
970040
1503 Murni Awnur / P.O. Box 1944 Danon, Gcorgla 2472~1944 rslrphona 7CWT78-3Ol3 Fax 70627’2-7057
TEST REPOUT
CuStOmer: Beaulieu/United Carpet Mills, Inc. February 4, 1997
Subject: Specimens of the submitted sample were prepared and tested in accordance with ASTM E-648 and/or Federal Test Method 372, NFPA 253
FLOORING RAbIANTPANELTEST
Sample Description .
Style: 00133 Color: 106 Roll : 2306346 Secondary Backing: Woven Synthetic
Test Assembly
Mounted on Sterling Board
Test Results Specimen No. f Specimen No. 2 Specimen No. 3
Critical Radiant Flux: -7 o wattskm2 .61 wstts/cm2 -63 watt!3kIn2
Tot& Burn Length: 30.0 cm. 34.0 cm. 33.0 cm. Flame Front Out: 4 0 . 0 minutes 3 7 . 0 minures 32.0 minutes
Average Critical Radiant Flux:
Estimated Standard Deviation
.65 walts/cm2 Nuiy (36 &$g44%x Tww 1% a&m-!
-05 wata/cnt2
7.3% coefficient of variation
IkOEPENOENT TEXTILE TESTING SERVICE, INC.
our IoUrrr MO rWwts are lor MC srd\r3lvs uw 01 Ilte cwomrr 10 wnom rnsy are awrewoe. ana lMir eammrM&%l IO Ony othera 01 Ih use 01 IM nam* 01 IndCmnOanl ~~?rMTltcina Smwcr. Inc mull racew@ our ottor woltrn aadtnucil 0~IeIw$ it-d rsrxtnm wx~lv only to ihe aamde lested and are noC nacswwily
MC& 01 Uw qual~(ier d1 &are& tdenltcal or wmilar priducls. The r&rls and lellerr and rh namebi ihc Ifideoendenl’Tcrnrile Tmrktg brwe. IN., Or6
WI ta bn ured under 8ny drcumstances in JdvewSjog ro (he gewrsl puOk.
TF-119
AMEAec3 3
P-0. Box 1330 660 westhollw ct.
Roswell, GA 30077 MEA Cedcations Roswwll, GA 30075
770+42-9ooo Fax 7704187407
August 17.1998
cgcmetxc~ts (735) -
D&n, Georgia 30719
Attn: Mr. Lmy Caylor
. . . . , NT *
The product described below is approwd for listing in the MEA Directory of Certified Carpet. Laboratory
test results show this quality has physical characteristic which meet and& exceed the requirements of
HUD/I+IA UM44e.
QUALITY Style 133 Passport
CODE NO: 70195
COLORS:
0101 0105 0112 0114 0115
0116 0117 0118 OllQ
0120
0121
0122 0123
0124 0125 0126
0127 2302
0128 2400
0129 2404 0130 2405
0205 2406
0301 2500
0501 2600
0502 2601
2100 2602 2102 2603
2200 3401
2201 3402
2202 3403
FJ&
Nylon
3406
Pile Height pile Oensity
72Ofl
3407
iti
3411 3412 3413
3414
3415
2416
3417 3410
3419
3420
3421
3422
-Frank M. Bruwn
Administretor
3423
3424 3425 3426 3427 3428 3429 3430 3431
3432
3433
3435
3436
3437
3438 0377
’ ,
-- - - .
;P :g
‘2 ;g
:a’ -
b e
s
B
5 .- E .- IA
3 2
i
6 k P
i
i
:
‘3
j 4 #
C
:
c
a :
! .
4
(
, , I
i
:
b
, :: a
M
?. ( 1097 UMORY 6tUIlBING CDDE STAWAf?D 2-i
Volume 3
UN1FORM BUILDING CODE ST’DARD 2-l
NONCOMBUSTIELE MATERIAL-TESTS
Barad on Standard Mathod of Ta8t E 126-79 of the American Society for Testing and Mater&. Extracted, wtth permission, tram the Annual 8&& of A6rAf startdtrdr, copyrigM Am&can Society for Testing and Maartals, 100 Eerr Harbw Five, West ConehahocKan, PA 19428
l3ec 8aotionr 2012 and 215, U&&rn Bv&&g Code; %ctlon 216, Uftifimn hiechanic8l Code; and SectIon nl, uniform Sign GWe
SECTION 2.101- SCbPE
Ihi6 6laadWd destxibes a pr~~dure for the datct&Mio.o of non- wmbu&itity of tka~~ttny matcria& of which building materi- als am ctompmd, to itxkale that? materials which do not act to akl comtxstlorr or add appreciable heat to au ambient tie. It is ~oi ticended to apply to laminated or coated mate&.
SEC-RON 2.102 - APPARATUS
The appatatus aha) consist pknarily of the following:
R&acory lubes. Two lCQnch-long (2.~3 mm), ccx~ceotric cc- fractory mbea, 3 iaches (76 nun) ttnd 4 incbw (la mm) iu inside diamotu, with axw vertical and with heat applid by clcctzic hcat- ing coils outside of the larger lube. A conaolltd flow of ait is ad- milted tangentially neat the top cf the amwlar space b&wed !bc tubes and paws to the bottom. of the inner tube. Thhc ogter iubc xc65 OR a refractory bottom and the inner tube rests ok Wee sp;rxr blwks 50 as to afford a total oppaning under tba inner tube equal tu ox greater than that of the attuuhu spcoe. The t&actory bottom plate has a remo~eb?e plug for cleaning.
Tkanspurnt covet A traruparen~ covet of heat-?‘e.siating &a6 or other uunaparent material shall be provided ovtc the top of the itmu tube with a I&K& square (f545 m&j opcking over the axis of the lubes. This covw may be in two movable pe.xe.
Tbexmocouples ar‘ otbex tompemture-measuring devkes, pref- erdbly autumaticaUy rccording~ shall be providad, ooe for the air in the lower pW of the inner tube, anothar ofi the spe~ixzn :I) the approxkatc waler of the space, and a third w3b.b the interior of the specimen. A themrocvuple muy be provided in the rcgkm o: the heating coils fcr better regulation of the %mpetaturc of the air
in the fomaw spx. The twc opecimexk thznnacouples &all XIavt a time cowuilt (time to reach 6X2 pertant of the bmace eir tem- pff awe of X3827 flWC)] uf five ta 10 seconds.
SECTION 2.103 - Tc!R SPCWUENS
All tea spdmcns shall be Ia+ ‘arches (38 mm) wide by l$ in-
&us (38 mm) thick in cm99 mtron pexpen4cuIn.r to the air flo19 io the fumae and ‘2 incb~ (51 mm> lcng with tokrance8 on the di- menslons d gus of laius ?+o inch (25 IIWI). The specjare~!s shall bs driad at 14O”P plus or min:rs 5°F @W’C = 3OC) for not lees ths~ 24 hour nor more tbnn 48 how Wurc being tcsied.
Specimens in g~~mkir 32 powdcx foorm nay be ont.aincd in thio-wall, open,-rap vew& of inert materia1.s whose outside di- mensions conform to the specim.en shaF and maximum size spc-
d&d in this section. These vessels may have solid walls ur bc of mesh.
Nor less than four identid sp&mens shall be &stcd.
SECYION 2.104 - PROCEDURE
Pxqmrc the fumaw by bringing the tcrupcraturc (&I the approxi- mate positior to be occupied by the center cd’ t’le spedmen) of the sir in the furnace tube to 13SYF ptw or n?inus IO’F (750°C * 6”CJ, inainfniniog the furnace setting kmg enough to ascertain that it will rem& at tvn!&ant temperature In rhe on&ded furnace for a1 least 15 minutes whiie air pas= at a velocity of 10 feet permin- utc f3 u~/min.) p& or t&us 20 gmmtt past a loaded spccimc.n in the tube, cmnpu# on tbc basis d air supply and velocity ;~t room teqeracure an8 pnsyu*.
As ra idly as pWisi!At, inwrt the test qecixwn into the &nacR,
witha tt crrr?oolupIe attachadt0th~tid.e surface o~th~spb.mcn
and a tbcrmocouplc inserted from ti top of t&e 6pacmU :O irS ap proximate volumettic center. close the top axar to 01s lqmte-hcb (645 rtd) opcniug immadiately a&r insertion of the specimen. Rsadiugs for the qxoimeu themwxonples shall be made at intervals nut to exceed 10 scc0@3S during the CuSl five minutes, and ss oft011 aftcnvards as necessary to produce a smooth cum, DD not chnxkge the regulation of the cunwt throq$ tbc teat@ coils and the air Bow during the test.
Continue the lest until the tompamtws at the specimen Wmo- c.o~ples have reached .maxim or uati it is clearly tvidcnt that thy’ -en rloes uot pass this test.
‘I’Etcu~our. the test make and record visual okervatimas on the spccimen~ noting q~al.li~~ quantity 01 intensity and duration of fldng ox smQk&, QC both, sod change of scata
lW.gl~ each q~~imen before and afxer testing and record the weight 10s~ to the nearest 1 ~XCHI~.
SECTlON 2.105 - INTERPRETATWN OF RESULTS
Mate&& subjected to the test described in this method shall be reporxd as noncombusttble ir, for three or more of tie four specimens tested, <I) the rewrdzd tsmpeti~w of the surERcz and idcrior thcfmocoupks do not at any rime during the test rise ta more than 54% (3O*c1) above the funrace air tempetinre at the be- ginning of the test, (2) if there is DO flamim &om tka spciruea. sf- ttr tbe first 30 acwnds and p) when tie weight loss of the ape&m arcing testing exceeds 50 percent, the rcxwded temper- ature Ofthe W'f%x?Jkd &&X t$kWmmp~&S &I tkOtat my thk\e d,wing &G test r&c abovc the furnace air temperature at the be&~-
ning of the test and there is no flaming of the spetimen.
Memo
70: Km Whnda
From: Ben tiehn
bat* 1 l/21/00
KriS: III regards tc, your request mnc$ming fioor c~tig flamability tWing, The standard !W f” flow
oomring to be used In a single family dwellings tha DOC FF 1 70. This pill test io a SU&ICB bumlng test us$tj to datertnjne the voiatility of a flooring surkxe. lh3 test you nwttioned in our conversation ( the
E-136 fjgnl&iyQt @st ) is not used for fhM COVdng ,&t inS&!ad is Used for pansi r’Nh?d3iS and IS a
v+yml bum test alien to the horing industry.
Sincerely Ben C. Hahn
- JAN-03-01 LIED Or?:15 Pfl BEAULIEU FAX NO, 800!3442840
Beadieu Residential
CORONR
COl.UMBlJS
CAIADIUM
EdDavidson city of Carlcb;rd Khdc)
163 5 Faraday Awauc
carw ca 92008-7314
Th? attailed cioctmm show the flalna~ti~ re6istane of c;vpct instaual attic rcisuena afwis
kdhda ThibcesidenceislOCiLtbdd3627Tere;leePlilce(.’~~Ce Thecqetuqdfor&is&&Eng is a style called pasrport 2&n im action bck pdyprop$m
~~ptrTcrmedonrhe~rmpausedfarthe~~~itcntioaed~g,atethertandvcfired~
wedtosbowtheti~tocombu~~. Theatra&Lti pilltcarcsulushQwsa~ fwnsein singkfamiy~. Tbe~peoeinsal~sw,7class1,wfiich~tlnesry)e~pwt26for
us& in multi fhmily dwdling as well as single lblnuy chwelliugt.
If you have auy question3 rcgtuding the resuhs , pleas cantst me at SOO-227-7211 es 7435 . Or fax 8W
9442a40.
Pa 01
1502 Came! Orhe. P.O. 5% 7 ,! ; 3. Da!roo. C&r& 30722 12@
Tel. 706 259 351 ! ‘k 70s 259 87ca
. - CARPET SOLUTIONS
LABORATORY AND ON-SITE FLOORCOVERING TESTtNG AND CONSULTING SERViCE
July 2, 2001
Kris Kollenda
3627 Terrace Place
Cartsbad, CA 92008
Re: Uniform Building Code Vlolatlon
I have reviewed the carpet Installation and the letters from the City of Carlsbad
pertaining to 312.5 of the Uniform Building Code Standard 2.. It is important to
clarify several factors regarding the carpet, code enforcement and the building
code.
First of all, carpet does not come under the enforcement code as stated by the
Uniform Building Code Standard as statad below:
a). Section 2.101 - Scope. “The tests are not intended to apply to laminated or
coated materials. Carpet is by design a laminated material.
b). Section 2.101 - Scope. Carpet will not combust therefore it “will not aid
combustion or add appreciable heat to an ambient fire”.
Secondly, It was not apparent that you stored or parked your autos in the garage but
mainly used the garage as a storage area and play area for your children. The code
specifically states in section 312.5 ” In areas where motor vehicles are stored or
operated.....
Thirdly, carpet is a material that will melt at high temperature,but will not burst in to
flame at any temperature. Carpet will smoke to some degree but is usually limited
to less than 450 smoke density.
There is obviously some confusion by the building inspector who is reading the
code but not interpreting it correctly, and or is unknowledgeable about floor covering
products. As stated previously oarpet melts but does not burn.
If you have any further questions please call.
14642 Colony Way . Poway: CA &?i?64 l Ofice 85s486-1800 Fax 858-679-3735
Page 3 of 3
CITY: Carlsbad
STATE: CA
ZIP: 92008
PHONE NUMBER: 760-720-9333 ----------------------------------s-----m--- ----------------------------------m--s------
A professional installed a 26 oz. sol. dyed nylon glued directly to the concrete of
my garage floor. The local building inspector wrote me a citation to remove the
carpet immediately because he claims this carpet is a combustible material.
My definition of combustible is that a material shall not catch on fire. Nylon is a
plastic that melts but doesn’t produce a flame. Nationwide, carpets have baea
installed in garages for years. In fact, carpet manufacturers have developed and
marketed carpets specifically made for garages.
Can you e-mail me with some supporting data stating that carpet is not a
combustible material? I need to get this information to the inspector by this
coming Tuesday morning, October 23rd. Your help is greatly appreciated. Many
thanks!
END OF MESSAGE
1 O/29/200 1
34@
RE: .Email contact from carpet-rug.com - Read Message Page 1 of 1
.__? Inbox - kriskolienda~@msn.com
I “’ ,x _-.-- _.__ -._.^. .,.
I From: Carroll Turner Save Address Friday, October 26, 2001 12:23 PM1 _,;. . .-._ --.. __ -. “., . . . .._“.
bo: ‘TONIA KOLLENDA’I Save Addresses ._..~ __- ---.
I Subject: RE: Email contact from carpet-rug.com I . I..-_-___ - --“- .-., ,,
Combustion, as evidenced by heat, light and flaming, does not occur in most carpets w/o a flame source.
This is mainly because modern carpets are of synthetic polymer materials that melt with sufficient input of
heat w/o a flame source. Some rugs are made with cotton or other natural materials and these, since they
do not melt, may be subject to combustion w/o an initiating flame with input of sufficient heat energy.
Carroll Turner / Technical Services Manager
Carpet and Rug Institute
3 10 Holiday Ave / Dalton GA 30720
P7064282106/Fax7064283106
ctumer@carpet-rug.com
C~mhim-b RP- Fmail mnta-t frnm ram&-ntn mm Ij v
L--.--.- Previous Message (6 of 68) Next Mesmge -- -I_ .J
-----Original Message-----
From: TONIA KOLLENDA [mailto:ktiskollenda@msn.com]
Sent: Friday, October 26,200l 11:07 AM
To: Carroll Turner
1 O/29/200 1 35
Ray Patchett - Chris Kollenda’s appeai of garage carpeting at 3627 Terrace Place ^ . ~ Page 1 . cc! 5 ‘ an&J. ALlu Sandra Holder
Ray Patchett
12/l 7/01 3:07PM
Chris Kollenda’s appeal of garage carpeting at 3627 Terrace Place
From:
To:
Date:
Subject:
Hi Ray, I understand that you’ve already talked to Pat Kelly following our meeting with Mr. Kollenda this morning.
The meeting ended just before noon and I had an appointment that prevented me from finishing up my
e-mail to you before I left.
Bottom line is that Mr. Koltenda has withdrawn the appeal in front of the City Council and we are going to
record the notice of noncompliance (which is what he was appealing). This will allow Mr. Kollenda to
keep the carpet until he sells the property. At the time of sale, he will have to remove the carpet so that
we can remove the noncompliance recordation. If he decides to remove the carpet prior to sale of the
property, then we will release the recorded noncompliance instrument. Mike Smith, Pat Kelly, and I all feel comfortable with this approach and our codes provide for this approach. Recordation of
noncompliance is frequently used by many cities for cases similar in nature to this. I have used it for
various code enforcement cases in other cities.
We had a lengthy discussion with Mr. Kollenda about the confusion between the fire spread rating and the combustibility issue. Carpeting can have a very low fire rating (which this carpet does) and still be
combustible in a tire. Pat had contacted the Independent Textile Testing Services in Georgia subsequent to the last Council meeting and discussed the testing performed on this particular type of carpeting. To
test the flame spread, they ignite the carpet - which automatically means that it is combustible and unable
to comply with the UBC requirements. Pat also called ICBO and they confirmed his reading of the UBC language. The issue rarely comes up because most houses are finaled prior to flooring installation, and
since most people don’t carpet their garages, it just never comes up. The inspectors are finished and
gone. Because this was a new house that had just been finaled and the building inspector walked past it
on the way to another inspection down the street, he stopped and told them that carpeting was not allowed in the garage. This would have never been elevated to the Council level had Mr. Kollenda been
willing from the beginning to have the notice of noncompliance filed against his property. I don’t think he
completely understood what that notice was until we met today. We had a very nice meeting and it was a
“win-win” for all of us. Mr. Kollenda left happy. We suggested that if the carpeting company he works for
wants to market this as “garage” carpet, that they need to meet with the ICBO folks and amend the language in the code to allow it, if that is possible.
If you have any questions, please let me know.
Sandy
cc: Mike Smith; Pat Kelley
AU Receive-Agenda Item#\ 9
For the I,nhm!ia of the: