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CITY OF NORTH OLMSTED "TOGETHEI2 WE CAN 1blAKE A DIFFEREleTCE" BOARD OF BUILDING CODE APPEALS 1VIINUTES -10'IARCH 20, 2003 IlV COUNCIL CHANIBERS 5:30 P.M. I. ROLL CALL: Chairman Puzzitiello called the meeting to order at 5:43 p.m. PRESENT: R. Puzzitiello, M. Conway, and N. Althen ALSO PRESENT: Assistant Building Commissioner T. Rymarczyk, Assistant Law Director B. O'Malley, and Assistant Clerk of Commissions A. Kilbane ABSENT: P. Engoglia, and R. Klesta II. REVIEW ANID CORRECTION OF MINUTES: The minutes of the December 18, 2002, Board of Building Code Appeals have been submitted for approval. N. Althen made a motion to approve the minutes as submitted. The motion was seconded by R. Puzzitiello and unanimously approved. III. BiJII.,DING DEPARTMENT REQUESTS: 1. St Clarence Church(Father Flvnn); 30106 Lorain Road: Proposal consists of a pond. A variance to not erect a fence around a pond (code requires a fence), section (1345). Chairman Puzzitiello called all interested parties forward. Mr. Michael Shiels came forward on behalf of St. Clarence. Mr. Puzzitiello said he would like to clarify the word "pond". He said according to Webster's Dictionary a pond is a body of still water, less extended than a lake and either artificial or natural. Mr. Puzzitiello asked if the pond in question has running water in it. Mr. Shiels replied it has a pump. Mr. Puzzitiello said it is not a pond then. Mr. Shiels agreed and said the pond has a pump and a waterfall. Mr. Puzzitiello said it is a fountain and he asked for recommendations from the board. Mr. Althen agreed and said he considers it a fountain. He asked how deep it is. Mr. Shiels indicated it is shallow at about 16-18 inches. Mr. Rymarczyk pointed out the code refers to any body of water. It does not specify a fountain, or a pond. There was further discussion about the definition of a body of water. Mr. Puzzitiello said the board is considering this a fountain and not a body of water. Mr. O'Malley said if an interpretation like that was forthcoming from the building commissioner, this matter would not be before the board. He said they are interpreting the code to conclude that that section would not apply and therefore no variance would be needed. He said he would discourage the board from handling it in that fashion. If the building commissioner, who has authority to interpret and define the terms of the code, has concluded that this code applies, then the code applies. He said if the board is concluding that this code as written was never intended to be applied to a pond of this nature, then the board is finding cause to grant a variance. He said he hears them describing it as this code does not apply and he does not believe that is the question they are being asked. He pointed out it is the building commissioner that determines whether or not the code applies. It is up to the board to conclude whether the code should be applied strictly to this case or if there is a basis to vary from the strict application of the code. Mr. Conway said in his opinion there is a basis to grant a variance in this situation because all we have is 14 or 16 inches of water and there is a pump in it. Mr. Althen asked if they can recommend that the applicant put something decorative around it. Mr. Shiels indicated he could put stones around it. Mr. Althen said it should be marked off so that a stroller or something of that nature does not roll into it. Mr. O'Malley said it would be helpful to specify the height of the stones. Mr. Althen recommended 6-8 inch stones. Mr. Rymarczyk said that could actually create more of a tripping hazard. Mr. Shiels indicated they could put flowerpots around it to block it off. The board looked at photos and they discussed the