1 00:00:00,000 --> 00:00:06,580 Message that indicates that. Do you see that? Did it come through? Good. 2 00:02:25,420 --> 00:02:29,360 Whenever you're ready to commence, feel free. 3 00:02:30,080 --> 00:02:43,920 All righty. Your clock and minor on the same sink here. So I'll start. I like to call the building board of appeals hearing for June 24, 2021 at 2 o'clock PM to order. 4 00:02:43,920 --> 00:02:50,640 I'd like to start off by asking Boardmember Jack to lead us in the Civil Regions, please. 5 00:02:51,220 --> 00:02:54,720 Okay, and everybody in attendance, would you please repeat after me? 6 00:02:55,100 --> 00:02:56,720 I pledge allegiance to the flag. 7 00:02:57,420 --> 00:02:59,700 I pledge allegiance to the flag to the flag. 8 00:02:59,740 --> 00:03:01,800 From the United States of America. 9 00:03:02,900 --> 00:03:04,320 From the United States of America. 10 00:03:05,320 --> 00:03:06,620 And to the Republic. 11 00:03:06,620 --> 00:03:08,160 And to the Republic. 12 00:03:09,360 --> 00:03:10,460 Of which it stands. 13 00:03:10,480 --> 00:03:11,840 Of which it stands. 14 00:03:11,840 --> 00:03:23,840 One nation under God, one nation under God, in the visible, in the visible, with liberty and justice for all, with liberty and justice for all. 15 00:03:24,120 --> 00:03:25,320 Thank you, Jack. 16 00:03:25,660 --> 00:03:31,720 So now I'd like to get a roll call of the members. 17 00:03:32,940 --> 00:03:34,060 Can I get that Arlene? 18 00:03:34,860 --> 00:03:35,160 Yes. 19 00:03:35,420 --> 00:03:35,840 Heinrich? 20 00:03:36,640 --> 00:03:36,880 Here. 21 00:03:37,580 --> 00:03:38,180 Who is he? 22 00:03:39,180 --> 00:03:39,580 Here. 23 00:03:40,460 --> 00:03:40,980 Heather, 24 00:03:45,630 --> 00:03:47,050 you're on mute. 25 00:03:53,410 --> 00:03:53,730 Eric, 26 00:03:56,120 --> 00:03:56,400 Eric. 27 00:03:56,980 --> 00:03:57,400 I'll present. 28 00:03:57,960 --> 00:03:58,720 Thank you. 29 00:03:59,120 --> 00:04:04,800 So I'd like to call for a motion from the board members to approve the June 2nd 2021 30 00:04:04,800 --> 00:04:05,840 minutes. 31 00:04:06,280 --> 00:04:08,740 Do I have a motion to do so? 32 00:04:09,240 --> 00:04:09,480 A motion? 33 00:04:10,800 --> 00:04:11,420 Thank you, Jack. 34 00:04:11,520 --> 00:04:12,220 Do I have a second? 35 00:04:20,090 --> 00:04:22,850 So I'd like the recording secretary to call for the vote? 36 00:04:24,170 --> 00:04:24,350 Yes. 37 00:04:24,630 --> 00:04:24,950 Heinrich? 38 00:04:25,870 --> 00:04:26,070 Yes. 39 00:04:26,630 --> 00:04:27,490 Who wants to go? 40 00:04:27,630 --> 00:04:28,150 Yes. 41 00:04:28,150 --> 00:04:32,230 So that's our goal of our. 42 00:04:33,450 --> 00:04:34,010 Nick Farlin. 43 00:04:34,730 --> 00:04:35,050 Yes. 44 00:04:35,490 --> 00:04:36,650 Motion carries unanimously. 45 00:04:37,450 --> 00:04:38,270 Thank you. 46 00:04:38,850 --> 00:04:45,970 So I'm going to go through and read some things here that give us an outline of our meeting here today. 47 00:04:46,590 --> 00:04:47,370 So bear with me. 48 00:04:47,450 --> 00:04:49,570 I've got a page of things to go through. 49 00:04:50,150 --> 00:04:51,990 And if you hear noise in the background, 50 00:04:52,630 --> 00:04:57,270 for some reason, people next door to me decided today was the day to start building things. 51 00:04:57,270 --> 00:04:59,810 No, no, no, no, no, no, no. 52 00:05:00,000 --> 00:05:10,140 If it gets loud, just tell me, hey, could you repeat that, please. So I'm going to open the hearings of two appeals of the city building code compliance determination. 53 00:05:10,940 --> 00:05:18,700 The two determinations are both appealed by the same appellant, so I'm going to consolidate the hearings to consider both matters. 54 00:05:19,560 --> 00:05:23,980 So we will hear the two appeals separately in this one hearing. 55 00:05:23,980 --> 00:05:29,040 This hearing is being recorded by the staff, you can see that on the top of the screen. 56 00:05:29,820 --> 00:05:41,160 The hearing will be conducted in accordance with the procedures adopted by this board on June 20, or June 2, 2021, consistent with all legal requirements. 57 00:05:41,880 --> 00:05:49,520 Those procedures guarantee the appellate due process, such that we can decide the appeals fairly. 58 00:05:50,900 --> 00:06:02,060 The formal rules of evidence do not apply, both the city staff and the appellate will have an opportunity to make a brief presentation no more than 15 minutes please. 59 00:06:03,200 --> 00:06:12,420 The board may ask questions of those presenting to the board and the parties shall also be afforded the right to ask questions of anyone making a presentation. 60 00:06:13,500 --> 00:06:15,040 Through the board chair, please. 61 00:06:16,120 --> 00:06:20,800 At the conclusion of the presentation, there will be an opportunity for public comment. 62 00:06:21,960 --> 00:06:26,360 After the public comment, the board will deliberate and appropriate will take action. 63 00:06:27,380 --> 00:06:29,080 I'll have a bit more to say about that. 64 00:06:29,100 --> 00:06:30,820 We're going to get to that portion of the hearing. 65 00:06:32,500 --> 00:06:36,260 Are there any general questions from the board about the procedures for today? 66 00:06:39,820 --> 00:06:41,640 Okay, hearing none, let's get started. 67 00:06:41,640 --> 00:06:51,660 The first item to be heard is in a PO case number 30 dash 2021 dash 01183961. 68 00:06:52,020 --> 00:06:59,520 This concerns a notice of if violation dated March 15th 2021 provided to the appellants. 69 00:06:59,520 --> 00:07:03,580 And I'm going to ask somebody to do a better job with names and I do to read that 70 00:07:03,580 --> 00:07:05,180 into the record please. 71 00:07:06,820 --> 00:07:08,200 Maybe David or our lean. 72 00:07:09,320 --> 00:07:10,660 I could go for it. 73 00:07:10,660 --> 00:07:28,200 So I believe that the appellate is Sharam Manigalam and I'm not sure who the other party is. Mr. Manigalam, would you pronounce your other counterpart's name for the record? 74 00:07:31,380 --> 00:07:36,080 Sheerine, I mean, my mom and sister, I believe, 75 00:07:38,920 --> 00:07:42,040 sheerine Manigalam and Hajar Azadmar. 76 00:07:42,380 --> 00:07:43,200 There we go. 77 00:07:43,880 --> 00:07:44,620 Okay, thank you so much. 78 00:07:45,520 --> 00:07:49,140 I didn't want to mess it up, so my apologies. 79 00:07:50,280 --> 00:07:54,300 And concerns against an electrical line serving a barbecue cooking device. 80 00:07:55,220 --> 00:08:04,300 And the record are the following documents on March 15, 2021, the city served in the violation notice on the appellant. 81 00:08:04,680 --> 00:08:12,540 On March 24, the appellant submitted and response to the notice of violation. 82 00:08:13,160 --> 00:08:22,140 On March 30, 2021, the appellant notified the city of the intention to appeal the notice of violation. 83 00:08:22,140 --> 00:08:32,560 On June 3, 2021, the appellate was notified that a hearing would be scheduled to hear an appeal on June 14, 2021. 84 00:08:33,280 --> 00:08:37,020 At the Appellate's request, the hearing was rescheduled for today. 85 00:08:37,980 --> 00:08:46,920 Also on June 3, 2021, the appellate was provided a copy of the procedures applicable to this hearing 86 00:08:46,920 --> 00:08:52,300 as well as a copy of the city's written documentation submitted to the board. 87 00:08:53,020 --> 00:08:58,240 On June 21, 2021, this gets harder to say as you go along. 88 00:08:58,580 --> 00:09:02,120 They have helped through the council submitted a letter to the board. 89 00:09:03,020 --> 00:09:07,660 That letter was approved or provided to the board and to the city staff. 90 00:09:08,240 --> 00:09:10,960 Neither the city nor the appellant have notified the board 91 00:09:12,040 --> 00:09:14,240 that they intended to call any witnesses. 92 00:09:14,240 --> 00:09:17,480 is accordingly, no witness testimony will be heard today. 93 00:09:18,940 --> 00:09:22,620 I would now like the city staff and the appellant 94 00:09:22,620 --> 00:09:24,420 or the appellants for representatives 95 00:09:24,420 --> 00:09:27,660 to identify themselves for the record, please. 96 00:09:28,940 --> 00:09:33,020 I'm at great attorney representing the appellants. 97 00:09:36,230 --> 00:09:38,230 Jim Sowers, Building Officials, City of York, 98 00:09:38,230 --> 00:09:38,810 Linda, 99 00:09:43,730 --> 00:09:45,750 no mümduse men, city attorney's office. 100 00:09:50,620 --> 00:09:51,620 And Mr. Moneygalom? 101 00:09:53,810 --> 00:09:54,030 Yes. 102 00:09:55,030 --> 00:09:57,310 Share all my new Gallum appellant. 103 00:10:00,240 --> 00:10:05,600 So do we need any of the rest here to introduce themselves as well? 104 00:10:08,050 --> 00:10:09,310 I believe that's it, Mr. Chair. 105 00:10:10,350 --> 00:10:14,350 Okay. So now I would like to invite the city to provide a presentation to the board. 106 00:10:14,670 --> 00:10:18,170 Please keep in mind there is a 15 minute time limit. 107 00:10:19,250 --> 00:10:20,010 Thank you, Mr. Chairman. 108 00:10:21,030 --> 00:10:27,030 Good afternoon. The first item on the agenda is a notice of violation regarding extra lighting attached to a residence. 109 00:10:27,030 --> 00:10:36,110 Located at 211-29, via Canon, on March 29, 2021, the building division received an email regarding two 110 00:10:36,110 --> 00:10:39,330 unpromitted light pictures that were installed on the reference address. 111 00:10:39,830 --> 00:10:45,330 Subsequent research of permit history was completed and no permits were found for the new the attached experience. 112 00:10:45,650 --> 00:10:48,490 Excuse me, Chair Heinrich, could I interrupt for just one second? 113 00:10:49,630 --> 00:10:56,210 This is now a presentation on the second of the issues that you just called the hearing for. 114 00:10:56,690 --> 00:11:00,050 So, okay, with me, if you've 115 00:11:03,990 --> 00:11:06,070 scribed, it's for a different matter than what's now being said. 116 00:11:06,850 --> 00:11:14,270 I'm sorry, the one that I had for the agenda show that being the first back in the easy switch to the other one, if you'd like. 117 00:11:15,110 --> 00:11:17,110 Yeah, let's try and keep the order. 118 00:11:17,330 --> 00:11:18,090 Yeah, no problem. 119 00:11:18,530 --> 00:11:18,630 Okay. 120 00:11:18,710 --> 00:11:19,550 I'm sorry for the confusion. 121 00:11:20,130 --> 00:11:20,850 Thank you. 122 00:11:21,090 --> 00:11:21,490 Good. 123 00:11:21,490 --> 00:11:23,250 Can't even thank you. 124 00:11:23,390 --> 00:11:23,810 Thank you. 125 00:11:23,830 --> 00:11:29,410 The first item on the agenda, excuse me, is an agenda for a, is an agenda for an appeal, 126 00:11:29,410 --> 00:11:34,410 for a notice by a violation pertaining to gas and electric lines serving a brick and mortar 127 00:11:34,410 --> 00:11:40,910 barbecues structure located at 211-29V a cannon. On October 21st, 2020, 128 00:11:41,570 --> 00:11:46,610 city staff received an email regarding gas and electric lines serving a detached brick and mortar 129 00:11:46,610 --> 00:11:52,190 barbecues structure. The complaint, the complainant, also stated there's a strong smell of gas 130 00:11:52,190 --> 00:11:58,510 coming from the rear yard of 211-29V a cannon. A researcher permit history was completed and no 131 00:11:58,510 --> 00:12:01,050 for myths for found for the gas and electric line serving 132 00:12:01,050 --> 00:12:02,890 a detached barbecue structure. 133 00:12:03,550 --> 00:12:05,690 In an attempt to verify the validity of the report, 134 00:12:06,030 --> 00:12:08,850 city staff made multiple requests to the homeowner 135 00:12:08,850 --> 00:12:10,650 to conduct an onsite inspection 136 00:12:10,650 --> 00:12:12,230 all which were denied. 137 00:12:13,290 --> 00:12:16,810 Staffs then contacted Southern California gas company 138 00:12:16,810 --> 00:12:19,210 to verify if there is any gas company activity 139 00:12:19,210 --> 00:12:22,150 at 211-29 via Canon. 140 00:12:22,470 --> 00:12:25,970 The gas company represented at excuse me, 141 00:12:25,970 --> 00:12:32,590 The advice staff that a disconnection of service had been completed on 3, 11, 2017 for service 142 00:12:32,590 --> 00:12:35,770 to a barbecue, and no service had been re-established since. 143 00:12:36,430 --> 00:12:41,910 The representative also stated that there was a recent service request for 21129 B.A. 144 00:12:41,910 --> 00:12:42,250 Cannon. 145 00:12:42,570 --> 00:12:49,090 The request was made on 10, 5, 2020, and was for the reconnection of service to a barbecue. 146 00:12:49,430 --> 00:12:54,110 The request was denied by the service technician as it could not find proper point of connection 147 00:12:54,110 --> 00:13:00,590 to the home and the work appeared to be unpromitted. Due to the owners' refusal to allow 148 00:13:00,590 --> 00:13:05,410 a voluntary inspection staff applied for an inspection warrant, which was signed by the judge 149 00:13:05,410 --> 00:13:12,950 in March 2, 2021, and executed on March 3, 2021. The site inspection is built that both unpromitted 150 00:13:12,950 --> 00:13:18,890 gas and electric lines were indeed did indeed serve a detached brick and mortar barbecue structure. 151 00:13:19,470 --> 00:13:26,410 Based on the inspection results, City issued the owner, a notice of violation dated March 15, 2021. 152 00:13:27,170 --> 00:13:28,730 The owner appealed a notice of violation. 153 00:13:29,930 --> 00:13:36,270 Based on the site inspection and staff report provided, staff is requiring that the owner's secure permit for the gas and electric lines. 154 00:13:36,930 --> 00:13:44,830 The inspection process be completed to an approved final inspection, or that the owner's secure permit for the abandonment of the gas and electric lines. 155 00:13:44,830 --> 00:13:49,850 and the abandonment inspection process be completed up to the final inspection. 156 00:13:50,770 --> 00:13:52,310 Staff findings are based on the following. 157 00:13:53,090 --> 00:14:00,270 2019 California Building Code and the 2019 California Residential Code, Section 105.1 158 00:14:00,270 --> 00:14:04,390 and Section 105.2 Electrical Employment. 159 00:14:05,170 --> 00:14:10,610 2019 California Public Code, Section 104.2, exempt work. 160 00:14:10,610 --> 00:14:22,170 Chapter 12, Bill Gas Bifing, 1997, Uniform Housing Code, Section 1-001.6, Hazardous Flonis, 2019 California 161 00:14:22,170 --> 00:14:24,390 ElectroCode, Article 89. 162 00:14:25,670 --> 00:14:36,150 General Code provisions, Section 89.108.4.1 permits, and Section 189.108.4.4, and Section 163 00:14:36,150 --> 00:14:43,310 The 1997 Uniform Housing Code, Section 1001.5, Hazard's Electrical Wiring, 164 00:14:44,030 --> 00:14:58,450 the Arbulendor Ordnance Number 2019-1065, Article 95.7, Permit, Article 95.10 Compliance, Article 95.11, 165 00:14:58,450 --> 00:14:59,510 infections. 166 00:15:08,250 --> 00:15:08,890 Okay, 167 00:15:12,000 --> 00:15:18,140 thank you, Mr. Sauer. Do any of the board members have questions for the city staff? 168 00:15:19,140 --> 00:15:27,600 I have one. I was curious as to why the original disconnect of the gas. Why was that disconnected? 169 00:15:28,280 --> 00:15:29,720 Can anyone know? 170 00:15:31,430 --> 00:15:32,790 It did that give me any information. 171 00:15:33,010 --> 00:15:35,290 If the gas companies just noted to me that there was a 172 00:15:35,290 --> 00:15:37,710 Disconnection date on the date that I gave you. 173 00:15:37,970 --> 00:15:38,970 Thank you. 174 00:15:40,170 --> 00:15:42,990 Any other questions from a board member? 175 00:15:45,390 --> 00:15:45,510 All right. 176 00:15:45,830 --> 00:15:46,490 Thank you. 177 00:15:47,270 --> 00:15:51,830 Before we had office is known to be from city attorney's office. 178 00:15:52,270 --> 00:15:55,330 I'm fairly certain that we have probably approximately 10 minutes left 179 00:15:55,330 --> 00:15:56,370 on our presentation. 180 00:15:56,490 --> 00:15:59,970 We'd like to reserve that time to respond to any questions after the 181 00:15:59,970 --> 00:16:05,570 phone's presentation and or address the some of the points that they may 182 00:16:05,570 --> 00:16:08,950 raise. I believe you're right on your timing. 183 00:16:11,120 --> 00:16:13,060 So thank you. Does the appellate have any 184 00:16:13,060 --> 00:16:17,420 questions for the state staff and please note there's a five minute limit on questions 185 00:16:17,420 --> 00:16:25,740 and questions must be related to the compliance issue related code sections and if you 186 00:16:25,740 --> 00:16:29,800 Yeah, from that I may ask you to stop, please. 187 00:16:30,220 --> 00:16:30,360 Go ahead. 188 00:16:30,880 --> 00:16:32,940 Yes, I'm at the rate for the appellums. 189 00:16:33,260 --> 00:16:36,400 Mr. Sowers, when you got there, did you smell gas? 190 00:16:37,580 --> 00:16:39,380 We got where to do the site inspection? 191 00:16:40,060 --> 00:16:41,920 Yes, no sir, at that point in time, 192 00:16:42,200 --> 00:16:45,240 there could be a flex line that was disconnected prior to our arrival. 193 00:16:45,900 --> 00:16:49,900 But the flex line had been disconnected in 2017, correct? 194 00:16:50,860 --> 00:16:52,080 I do not know. 195 00:16:52,880 --> 00:16:55,460 There's a lot of what you're working on as a gas company. 196 00:16:55,960 --> 00:16:58,720 Again, the complaint was for a strong smell of gas. 197 00:16:58,980 --> 00:17:01,340 Flex length can easily be reconnected and connected. 198 00:17:02,200 --> 00:17:05,040 So I have no idea if it was reconnected or not reconnected. 199 00:17:05,280 --> 00:17:07,540 At the time where there, no, there's not a smell of gas. 200 00:17:07,980 --> 00:17:09,440 Did you see any F? 201 00:17:10,180 --> 00:17:14,060 Did you see any evidence that the flex line had been connected or reconnected? 202 00:17:14,620 --> 00:17:18,420 What I noticed was shiny connections that had been, 203 00:17:18,420 --> 00:17:20,840 look like brand new connections had been reapplied. 204 00:17:21,840 --> 00:17:26,580 And you can see also see it in some of the photos, if you look at the photos. 205 00:17:27,860 --> 00:17:36,060 So what's that being there, excuse me, would that be a no, can you repeat your question 206 00:17:36,060 --> 00:17:38,320 because I don't, it doesn't make any sense for your ass. 207 00:17:38,880 --> 00:17:45,960 Sure, if you hold on to any evidence, that the objection mistakes, the witnesses testimony, 208 00:17:45,960 --> 00:17:51,340 he asked you if you saw he saw any evidence and he just testified that he did see evidence which was 209 00:17:51,340 --> 00:17:59,100 untarnished caps on the line that would indicate that the disconnection occurred recently. 210 00:18:05,470 --> 00:18:12,330 And did the fact that there were untarnished caps on the lines indicate that the lines had been 211 00:18:12,330 --> 00:18:13,530 used recently. 212 00:18:18,370 --> 00:18:22,520 It appears that there were possibly used recently however there were caps. 213 00:18:25,210 --> 00:18:30,890 Okay. And you do not know when those caps were installed. No, I was not present during the 214 00:18:30,890 --> 00:18:38,570 cap installation or uninstallation. All right. And do you have any evidence that the caps 215 00:18:38,570 --> 00:18:44,150 were not installed when the lines were cut off in 2017? The lines were never cut off. What do you 216 00:18:44,150 --> 00:18:50,130 mean by cut off? I mean the gas lines were, I believe testified that the gas, you were advised 217 00:18:50,130 --> 00:19:00,670 the gas company that the gas lines were disconnect. That is correct. Okay. And were you advised 218 00:19:00,670 --> 00:19:06,790 by the gas company as to whether the gas lines were kept by the gas company? They did not do 219 00:19:06,790 --> 00:19:09,510 any of the capping because that is not their job. 220 00:19:13,300 --> 00:19:18,020 And they told you that? Yes. So whoever kept them 221 00:19:18,020 --> 00:19:24,020 and wherever disconnected it, they disconnected service to the gas line by disconnecting the service, 222 00:19:24,420 --> 00:19:27,900 wherever they disconnected, that's what they told me, that they disconnected service, 223 00:19:28,340 --> 00:19:36,200 how they did it, I do not know. I wasn't there. All right. And as your understanding is that 224 00:19:36,200 --> 00:19:43,360 once the service to the gas line was disconnected, that gas could continue to flow through the gas line. 225 00:19:43,360 --> 00:19:46,740 That is not a repeat the question. 226 00:19:53,470 --> 00:19:56,870 The gas company advised you that the gas line had been disconnected. 227 00:19:57,250 --> 00:19:57,530 Correct. 228 00:20:01,810 --> 00:20:14,010 All right. And is it your understanding that even though the gas line has been disconnected, that gas continues to flow through the gas line? 229 00:20:15,110 --> 00:20:23,450 If it was reconnected without anybody knowing, sure, it could be absolutely could definitely go back to the gas line. 230 00:20:32,500 --> 00:20:34,920 I don't have anything further for Mr. Sours. 231 00:20:38,200 --> 00:20:41,500 So, did the city attorney want to respond to any of that with the title? 232 00:20:41,760 --> 00:20:44,040 I just have one question from Mr. Sours. 233 00:20:44,580 --> 00:20:52,540 Is the violation that's at issue that was cited in the notice of violation 105.1 for a permit requirement? 234 00:20:53,420 --> 00:21:02,020 Does that have to do with the existence of the gas line or is it the fact that there's actually gas running to it? 235 00:21:02,020 --> 00:21:07,960 In other words, isn't the existence of the gas line in and of itself a violation, in 236 00:21:07,960 --> 00:21:11,920 as much as it was constructed or installed without a permit? 237 00:21:12,540 --> 00:21:20,060 That would be the same for the electrical lines, whether or not electricity is actually 238 00:21:20,060 --> 00:21:27,420 flowing through those lines, there would be a requirement to get permits under 105.1 for 239 00:21:27,420 --> 00:21:28,000 those wiring. 240 00:21:28,000 --> 00:21:35,400 That is correct sir. May I ask a follow-up question please if Mr. Eugen? 241 00:21:35,640 --> 00:21:39,240 You did have a minute left like we can. 242 00:21:40,000 --> 00:21:40,940 Yeah, I have no objection. 243 00:21:41,660 --> 00:21:42,000 All right. 244 00:21:43,340 --> 00:21:46,320 105.1 prohibits. 245 00:21:47,920 --> 00:21:49,480 Well, let me ask you this. 246 00:21:49,800 --> 00:21:56,620 Did you see any evidence or advised by anyone that the appellants intended to construct in large 247 00:21:56,620 --> 00:22:05,260 all-ter repair, move, demolish, or change the gas lines or electrical lines to the unit, 248 00:22:05,600 --> 00:22:13,780 to the barbecue unit. First of all, you quoted 105.1 and as far as the owner, 249 00:22:14,520 --> 00:22:20,990 they didn't have anything to do with respect to what you said as far as all-ter repair or 250 00:22:20,990 --> 00:22:27,430 move. However, if you look at 105.1 under electrical, it talks about the only thing you get to do 251 00:22:27,430 --> 00:22:33,130 with electrical as well as gas piping under the plumbing section of it. 252 00:22:33,270 --> 00:22:36,750 It doesn't apply to somebody actually putting in a gas line. 253 00:22:37,190 --> 00:22:40,410 And I don't know if they put in the gas line to the barbecue structure, 254 00:22:40,630 --> 00:22:43,890 if it's done prior to, in purchasing the home, the bottom line is, 255 00:22:43,990 --> 00:22:46,470 is that they are there, and they need to permit, 256 00:22:46,910 --> 00:22:49,910 and they need to be infected for safety reasons, 257 00:22:50,630 --> 00:22:52,250 both the gas and electrical lines. 258 00:22:52,590 --> 00:22:55,330 It doesn't matter who put it in, the bottom line is there. 259 00:22:55,330 --> 00:23:00,190 And to that point, Limit. 260 00:23:00,430 --> 00:23:01,990 One 0.5 point. 261 00:23:02,210 --> 00:23:03,170 Oh, sorry, my apologies. 262 00:23:04,030 --> 00:23:05,150 Please, please continue. 263 00:23:06,110 --> 00:23:06,330 I'm sorry. 264 00:23:06,990 --> 00:23:09,970 But one 0.5 point one, we're specific, excuse me. 265 00:23:10,510 --> 00:23:13,370 Specifically refers to the construction and largements, 266 00:23:14,110 --> 00:23:20,730 alteration, repair, movement, demolition or change in the 267 00:23:20,730 --> 00:23:22,390 electrical or gas structures. 268 00:23:22,990 --> 00:23:23,430 That's right. 269 00:23:24,710 --> 00:23:31,130 However, it does not, it does not indicate and 105, but it does not refer to exceptions, 270 00:23:35,540 --> 00:23:38,940 but the violation is directed towards the appellants. 271 00:23:40,320 --> 00:23:42,420 The violation is somebody who did it previously. 272 00:23:44,860 --> 00:23:49,500 Yeah, and Jim, you can respond to that. 273 00:23:49,520 --> 00:23:53,740 You need to respond to that question, and then I will add what I need to add. 274 00:23:53,740 --> 00:24:04,140 You're correct of the devolation, it goes toward the gas line and the electrical line in this case. 275 00:24:04,660 --> 00:24:08,100 And the appellant owns the property and purchased the property. 276 00:24:08,740 --> 00:24:11,440 I don't know if it's past, I'm assuming it was done in the past. 277 00:24:11,920 --> 00:24:14,020 And it was inherited upon the sale. 278 00:24:14,580 --> 00:24:19,740 The bottom line is followed up on a complaint, which is the light safety issue that we followed up on. 279 00:24:19,740 --> 00:24:27,740 found the following items to be unpromitted at that point in time we address the unpromitted items and try to bring them into compliance. 280 00:24:28,960 --> 00:24:31,940 That's what this whole thing is towards and nothing else. 281 00:24:32,280 --> 00:24:34,480 Yes, the appellant does own the home. 282 00:24:35,220 --> 00:24:39,320 And to that point, and I know what Council is getting at for the appellant. 283 00:24:39,500 --> 00:24:43,740 I'd refer the board to civil code section 3483. 284 00:24:43,740 --> 00:24:50,980 3. Again, that's 3, 4, 8, 3. And that code section states that a success of owner of a property 285 00:24:51,580 --> 00:24:59,760 is responsible for the conditions ongoing violations that the property created and I'll quote 286 00:25:00,000 --> 00:25:08,800 It by a former owner and is liable, therefore, in the case, in the same manner as the one who first created it. 287 00:25:09,540 --> 00:25:13,120 And the reason that that civil code section exists is obvious. 288 00:25:14,600 --> 00:25:20,340 You know, as a public policy, we have to hold someone accountable for a property. 289 00:25:20,340 --> 00:25:29,240 that is the owner. The owner kicks on whatever, you know, the property as is the owner's 290 00:25:29,240 --> 00:25:36,960 recourse is against the former owner if the required real state disclosures, which would 291 00:25:36,960 --> 00:25:43,820 have to disclose unpromitted improvements are not made or not made to the extent that they should 292 00:25:43,820 --> 00:25:50,880 be, the recourse of the owner is against not the city, but it against the the form owner 293 00:25:50,880 --> 00:25:52,820 who may have not made those disclosures. 294 00:25:53,020 --> 00:25:58,840 But according to the civil code and there's also a case law to the extent that the board 295 00:25:58,840 --> 00:26:08,700 is interested supports this long standing notion that a property owner is responsible for 296 00:26:08,700 --> 00:26:13,320 whatever unpromitted conditions exist at the property. 297 00:26:13,320 --> 00:26:19,480 we would not go back and find a previous owner, for example, what if the previous owner was 298 00:26:19,480 --> 00:26:27,220 deceased, then the city could never get compliance. The existing owner is the one responsible 299 00:26:27,220 --> 00:26:30,420 under the civil code and case law. 300 00:26:30,420 --> 00:26:35,320 Okay, can we move now to the presentation? 301 00:26:37,680 --> 00:26:43,740 Okay, first did the board receive our written response 302 00:26:44,380 --> 00:26:48,620 to the accusations or written repeal that was filed. 303 00:26:50,100 --> 00:26:54,620 On, we submitted to Mr. Bradley and Mr. Sowers on June 21, 2021. 304 00:26:55,480 --> 00:26:57,820 So everyone has seen that? 305 00:26:57,820 --> 00:26:58,140 Yes. 306 00:26:58,140 --> 00:27:05,300 Okay, so now I'd like to invite the appellant to provide a presentation to the board. 307 00:27:05,540 --> 00:27:07,620 Again, there's a 15 minute time limit. 308 00:27:07,840 --> 00:27:09,500 Thank you. 309 00:27:10,940 --> 00:27:18,600 I believe that our position is set forth in the documentation we previously submitted. 310 00:27:20,300 --> 00:27:25,460 The public building permits were issued for this property back in 1978. 311 00:27:27,960 --> 00:27:34,700 We believe, or we have seen nothing to establish that those building permits did not 312 00:27:34,700 --> 00:27:40,980 encompass either the electrical line or the gas line that is a subject of this appeal, 313 00:27:42,360 --> 00:27:51,060 or that my client or anybody else previously altered or changed those lines without obtaining 314 00:27:51,060 --> 00:27:58,400 necessary building permit. There clearly was no building permit obtained since 1978. We've researched that. 315 00:28:00,380 --> 00:28:06,300 But what the building permit in 1978 permitted or did not permit is not an evidence before the board. 316 00:28:07,000 --> 00:28:14,280 The board cannot assume that just because the condition is there that it was not constructed 317 00:28:14,280 --> 00:28:20,440 to the original building permit issued to broaden more homes in 1978. 318 00:28:22,080 --> 00:28:27,780 We do not know that the board does not know that, and staff does not know that. 319 00:28:28,660 --> 00:28:36,340 Siding Mr. Mike Lyons for their inherited violation of what may have been a violation or 320 00:28:36,340 --> 00:28:41,220 a failure to get a permit is simply not supported by the evidence. 321 00:28:47,020 --> 00:28:55,020 And I would rely on the remaining arguments made in the position paper filed on the 21st. 322 00:28:56,400 --> 00:28:58,260 All right, does that conclude your presentation? 323 00:28:59,140 --> 00:28:59,660 Yes. 324 00:29:00,020 --> 00:29:01,380 Thank you very much. 325 00:29:02,060 --> 00:29:05,740 Does any board member have any questions for the appellate? 326 00:29:06,180 --> 00:29:13,160 Before that, can we briefly respond in the same way that appellate was provided an opportunity? 327 00:29:14,620 --> 00:29:24,520 I'd also like the board to be aware of the rule of convenience, and there's a case 328 00:29:24,520 --> 00:29:33,720 of people versus Yoshimuro, 91, Calap 3D, 609 for the board's reference, and that case 329 00:29:33,720 --> 00:29:40,300 along with a line of other cases cited therein, stands for the proposition that under 330 00:29:40,300 --> 00:29:46,840 circumstances where there's a question of whether or not it permit exists. It is not the moving 331 00:29:46,840 --> 00:29:54,100 party here, the city obligation to prove the negative. We cannot prove the negative as was 332 00:29:54,100 --> 00:29:59,920 indicated in the staff report and it was indicated in the presentation. There is no permit on 333 00:30:00,000 --> 00:30:29,200 File for either this gas line or for the electrical line. The city cannot prove the negative. If the property owner wishes to argue that somehow these improvements were included in the original building plan, which the city found not to be true, it would be the property owner's burden to bring forth a plan or a permit to demonstrate that either of these improvements or both of these improvements were at some point permitted. 334 00:30:30,000 --> 00:30:34,680 The property owners had that opportunity and has failed to demonstrate that. 335 00:30:36,220 --> 00:30:38,860 Again, the city cannot prove the negative. 336 00:30:39,100 --> 00:30:44,460 The city has demonstrated or has testified to the fact that there is no permit. 337 00:30:45,840 --> 00:30:48,900 The city is not in possession of any permit. 338 00:30:48,980 --> 00:30:56,920 We've provided the property owner months of opportunity to produce such a permit to demonstrate that we are wrong 339 00:30:56,920 --> 00:31:00,440 and somehow there is a permit and they're not in violation of the permit requirement. 340 00:31:01,080 --> 00:31:09,160 They have not met that burden and therefore, you know, they have not demonstrated that this is, 341 00:31:09,300 --> 00:31:14,320 these are permitted improvements to say, you know, that there could have been a permit at some point, 342 00:31:14,460 --> 00:31:19,380 it could have been done part of the original construction, that's not enough. 343 00:31:19,380 --> 00:31:28,640 They actually have to demonstrate that that was, in fact, the case and the evidence is to the contrary here. 344 00:31:30,580 --> 00:31:39,620 Well, if the board would like to see, I was retained as I've indicated to the board about five days ago. 345 00:31:39,620 --> 00:31:51,800 We have a building permit that was issued by the city May 16, 1978. 346 00:31:52,200 --> 00:31:55,720 It's an application for plumbing permits. 347 00:31:56,120 --> 00:32:07,940 It indicates that there are one gas system up to five outlets that was approved by the city. 348 00:32:07,940 --> 00:32:21,440 It does not provide any details of that, but that does not, man, there's a sign off and it's very difficult to read. 349 00:32:21,540 --> 00:32:23,420 It looks like November of 1978. 350 00:32:29,020 --> 00:32:31,280 We do not have access to the plans. 351 00:32:31,940 --> 00:32:34,080 If anyone does, it would be the city. 352 00:32:35,400 --> 00:32:46,420 But there definitely was a permit issued back in 1978 that would, at least on its face, cover the installation of the gas lines. 353 00:32:49,200 --> 00:32:53,960 And if I can share my screen, I can show those to the board if the board wishes. 354 00:32:54,580 --> 00:32:56,780 Assuming I can figure out how to do that. 355 00:32:57,560 --> 00:33:01,680 Let me go to the board to find out what questions they may have. 356 00:33:01,680 --> 00:33:08,720 And if they have a question that relates to you showing it, we can work with the technology to see how we get that to happen. 357 00:33:09,960 --> 00:33:14,340 So board members, any of you have any questions for the appellate. 358 00:33:15,220 --> 00:33:16,680 I have one. 359 00:33:17,500 --> 00:33:18,580 Me too. 360 00:33:19,340 --> 00:33:20,860 Now, any medical first. 361 00:33:21,780 --> 00:33:23,060 Thank you. 362 00:33:23,560 --> 00:33:23,840 Thank you. 363 00:33:24,460 --> 00:33:24,740 Thank you. 364 00:33:24,740 --> 00:33:29,960 And my question is maybe a city can answer that. 365 00:33:30,140 --> 00:33:32,460 Do we have the plant original plant? 366 00:33:33,060 --> 00:33:37,000 And 90, 78 or any other plant from that. 367 00:33:39,440 --> 00:33:41,760 The information I have from my client 368 00:33:41,760 --> 00:33:44,200 is that the city doesn't have any plans 369 00:33:44,200 --> 00:33:47,920 for anything that was constructed prior to 1997. 370 00:33:49,680 --> 00:33:51,680 So it is not, and which is certainly not 371 00:33:51,680 --> 00:33:53,440 the problem of the appellant. 372 00:33:55,140 --> 00:33:58,640 But I'm sure the city attorney or Mr. 373 00:33:59,380 --> 00:34:04,200 Brantley or Mr. Sours can confirm whether that statement is true. 374 00:34:05,100 --> 00:34:08,000 But without those plans and without access to the plans, 375 00:34:08,320 --> 00:34:13,460 we are no more able to prove a negative than the city has. 376 00:34:16,020 --> 00:34:20,000 And you said you have five options. 377 00:34:20,980 --> 00:34:24,120 Do we have how coming up is great now? 378 00:34:24,120 --> 00:34:32,480 I do not know how many outlets there are. The gas system, the original permit in 1978, 379 00:34:34,060 --> 00:34:40,140 says gas system up to five outlets and they charge of what appears to be $50. 380 00:34:41,740 --> 00:34:47,280 For no, $5. It's $5.00 in low quality $36.00 in 50 cents. 381 00:34:47,700 --> 00:34:53,000 Yes. And what I like, can I speak now on this retirement? That's okay if I can add two things. 382 00:34:53,000 --> 00:34:56,120 So you're answering board member and as Reane's question? 383 00:34:57,280 --> 00:34:57,580 Okay. 384 00:34:58,800 --> 00:35:00,020 The city has... 385 00:35:00,000 --> 00:35:13,300 Kind of did the gas outlet, and we looked at it from perspective of one would be for water heater, one possibly for a forced area unit, one for a cooktop, one for an oven and one for positive gas dryer, getting to the five. 386 00:35:16,960 --> 00:35:17,540 Thank you. 387 00:35:17,860 --> 00:35:18,700 Any other questions? 388 00:35:19,280 --> 00:35:23,200 May I just clarify whether that's a statement of factor in the statement of opinion? 389 00:35:23,860 --> 00:35:24,900 Just a statement of opinion. 390 00:35:26,240 --> 00:35:26,840 Thank you. 391 00:35:27,280 --> 00:35:28,160 Thank you. 392 00:35:28,620 --> 00:35:28,940 Okay. 393 00:35:36,820 --> 00:35:45,780 Thank you. Mr. Ray, this is a letter I'm holding dated June 21st from you to Mr. 394 00:35:46,540 --> 00:35:52,540 Brentley and Mr. Sours, and we have a number one preliminary statement and then number 395 00:35:52,540 --> 00:36:00,500 the mere existence of the barbecue does not violate 2019 residential code section is 1 0 5 1 0 5 2. 396 00:36:00,960 --> 00:36:04,100 Prior to that. Do you have the same letter in front of you sir? 397 00:36:04,520 --> 00:36:11,620 Yes, I do. Okay, the last paragraph, the staff report indicates the dispute began when Mr. 398 00:36:13,100 --> 00:36:17,860 following an e-mail from Debracolor, the Golden List Property Management, representing the 399 00:36:17,860 --> 00:36:24,750 Association contacted Mr. Kohler, who advised him there was a strong smell of gas coming 400 00:36:24,750 --> 00:36:31,950 from the rear yard of the property that report has clearly patently fallen since, as indicated 401 00:36:31,950 --> 00:36:43,010 by the staff report, the gas line to the barbecue had been disconnected on March 11, 17, 2017 by the 402 00:36:43,010 --> 00:36:45,490 connection request by the appellant was denied. 403 00:36:47,900 --> 00:36:52,360 And staffs inspection of the barbeque does not indicate that the gasline had ever been reconnected. 404 00:36:54,200 --> 00:36:59,540 Appellant or anyone on their behalf as the testimony of the appellant will establish 405 00:37:00,140 --> 00:37:05,640 Appellants have never used the gas, have never used the barbeque as a gas barbeque. 406 00:37:05,740 --> 00:37:09,640 No one stole the gas line. What have they been using it for? 407 00:37:10,440 --> 00:37:14,400 My understanding is that there's simply been used as a charcoal barbecue. 408 00:37:16,880 --> 00:37:22,880 So they are using it, they're using it as an outdoor fire feature cooking appliance. 409 00:37:24,080 --> 00:37:34,120 But in the Associations action, against my clients, when they saw the preliminary injunction, 410 00:37:34,940 --> 00:37:39,360 they had a declaration from his color and from the next door neighbor, Ms. Chavez, who 411 00:37:39,360 --> 00:37:46,480 also by coincidence happens to be a vice president of the association in which they both said 412 00:37:46,480 --> 00:37:59,360 that there was a strong smell of light of charcoal fluid, not gas. They had no place in any 413 00:37:59,360 --> 00:38:05,020 declaration to the indicate that they ever smelled gas. The only reason I would submit them 414 00:38:05,900 --> 00:38:13,500 and Miss Chavez or Miss Colour indicated to city is that there was a strong smell of gas 415 00:38:13,500 --> 00:38:25,080 is so that they could obtain the assistance of the city in manufacturing their claim against my client. 416 00:38:25,880 --> 00:38:38,960 Because there simply could not be a gas smell coming from the patio if there is no gas connection outside of the patio that has been turned on by the gas company. 417 00:38:40,100 --> 00:38:43,080 Okay, there's a second part of this question and thank you for hanging in there with me. 418 00:38:43,080 --> 00:38:50,860 March 11, 2017, the disconnection by so-called gas company, correct? 419 00:38:51,500 --> 00:39:03,960 Yeah, an October 5, 2020 prior to that, they requested that the gas be turned on and they were denied. 420 00:39:04,380 --> 00:39:04,680 Is that right? 421 00:39:05,060 --> 00:39:06,100 That is correct. 422 00:39:06,480 --> 00:39:07,420 Okay, that is my understanding. 423 00:39:08,700 --> 00:39:12,220 And in the October 5th day was not prior to it was after the disconnection. 424 00:39:17,260 --> 00:39:21,820 The disconnect states here was March 11, 2017, so that's going to correct? 425 00:39:23,440 --> 00:39:27,160 So you're saying that the request for reconnect was after that? 426 00:39:27,320 --> 00:39:27,560 Oh, yes. 427 00:39:27,660 --> 00:39:31,000 My client didn't even open the property until August of 2020. 428 00:39:35,220 --> 00:39:38,920 Did they give you a reason why the gas was disconnected? 429 00:39:40,020 --> 00:39:42,660 The appellant did he give you a reason why the gas was disconnected? 430 00:39:43,480 --> 00:39:59,540 My understanding is that the appellant does not know he was not, he was not there, it was disconnected as any normal homeowner would do who was not put on notice by the prior owner that there was any problem with the barbecue or anything else. 431 00:40:00,000 --> 00:40:15,280 And we do have the seller questionnaire to establish that. Once they purchase the property, they wanted to use the gas barbecue as a gas barbecue, and they asked that it be reconnected. 432 00:40:15,280 --> 00:40:23,760 three years out of the firm down. That's just normal homeowner conduct. Thank you. There's 433 00:40:23,760 --> 00:40:29,180 certainly weren't trying to violate or breach any obligation owed to the city because until 434 00:40:29,180 --> 00:40:34,640 at that point in time, they had no knowledge that there was a problem with the gas barbecue. 435 00:40:36,570 --> 00:40:44,330 Thank you, Peru. So is that a dress here two questions yet? It does. Thank you. Okay, Jonathan. 436 00:40:46,110 --> 00:40:50,390 If it's being determined that this gas line is disconnected, 437 00:40:52,410 --> 00:40:58,330 what type of permit is a city requesting that the gas line is obtained. 438 00:41:00,670 --> 00:41:02,590 I can answer that if you'd like. 439 00:41:04,830 --> 00:41:05,570 Go ahead. 440 00:41:05,570 --> 00:41:10,490 at this point the gas line has been disconnected. If you look at the, if you have 441 00:41:10,490 --> 00:41:12,470 a staff report in front of you by any chance, 442 00:41:17,380 --> 00:41:21,480 the board, Chairman Galver, do you have the staff 443 00:41:21,480 --> 00:41:22,060 report? 444 00:41:27,040 --> 00:41:33,140 I'm sorry. Yes sir. Okay. If you look at page 7 and you look at page 8, 445 00:41:34,560 --> 00:41:42,540 you'll see two stuff out. That's how the gas is reconnected is with a flex line. To reconnect 446 00:41:42,540 --> 00:41:47,000 it would be very simple with the shut off on one end and reconnection with a flex line. 447 00:41:47,420 --> 00:41:53,720 And if you flip to this page, number 9 you'll see some page 8 where it goes through the wall 448 00:41:53,720 --> 00:41:59,020 and comes out and goes under a slab and then services the barbecue. At this point in time 449 00:41:59,820 --> 00:42:05,860 we'd love the appellant to obtain a permit to either get it scored away, get it connected, 450 00:42:06,480 --> 00:42:10,840 get it inspected, make sure the gas test is done properly, make sure there are no gas 451 00:42:10,840 --> 00:42:17,900 If that's not what they wish to do, then proper abandonment is what we would be seeking at this point. 452 00:42:20,780 --> 00:42:24,900 And that abandonment would require what? 453 00:42:27,930 --> 00:42:30,570 Personally, I'm willing to work with the appellant. 454 00:42:31,090 --> 00:42:35,830 So to sever the gas line at the slab, rather than having to completely tear apart the slab, 455 00:42:35,830 --> 00:42:37,770 So, over the gas line, the slab, 456 00:42:40,410 --> 00:42:44,610 I can, on the back side of the garage, that's feeding the barbecue at this point. 457 00:42:45,170 --> 00:42:53,110 And so, over the gas connection at the barbecue, and then have that infected, we would consider that to be demolished at this point. 458 00:42:54,210 --> 00:43:05,010 With respect to the electrical line, if they like to keep it, that's fine. Let's get it watertight, GFI protected, get a permit for it, make sure that the wiring is correct. 459 00:43:05,010 --> 00:43:12,610 Make sure it's connected to the circuit breaker that's correct and let's get it scored away. We haven't that's all we want them to do 460 00:43:12,610 --> 00:43:14,690 Any other questions 461 00:43:19,520 --> 00:43:23,520 So the ability he could he can he can remove the 462 00:43:23,520 --> 00:43:32,440 Conduct or he could remove the gas line back to the point connection and that was he and at the same time the connection the barbecue server that and 463 00:43:32,440 --> 00:43:33,640 It's done 464 00:43:33,640 --> 00:43:36,180 Thank you. 465 00:43:37,000 --> 00:43:41,300 The total permit costs for that would be $301. 466 00:43:41,540 --> 00:43:44,740 It's probably due inspections. 467 00:43:46,400 --> 00:43:50,440 So board member, Jack, did you have a follow-up question? 468 00:43:51,500 --> 00:43:52,560 I might even catch that. 469 00:43:53,200 --> 00:43:57,340 The outlet serving the barbecue is not ground fault protected. 470 00:43:57,600 --> 00:43:59,100 That is correct sir. 471 00:43:59,100 --> 00:44:13,580 I need to see that if you go to page, on the staff report, if you go to page 12, but OF, you'll see it's no GFI, there's no water proof connection, I want to test it at time, but it's raining. 472 00:44:14,440 --> 00:44:20,820 And I did not till say checking the wiring at that point due to water and non GFI protected. 473 00:44:21,360 --> 00:44:23,180 Thank you very much. You're welcome. 474 00:44:23,820 --> 00:44:27,080 Any other questions for the pellet from the board? 475 00:44:27,080 --> 00:44:29,280 I have a question. 476 00:44:30,340 --> 00:44:31,020 Go ahead. 477 00:44:31,660 --> 00:44:36,960 What kind of materials were used to run the gas line and where is the gas line run through 478 00:44:36,960 --> 00:44:42,280 the slab that runs through the house or what would part of the slab of that it run through? 479 00:44:42,700 --> 00:44:45,420 It looks like I can't tell because it's painted. 480 00:44:45,820 --> 00:44:46,880 I mean, no. 481 00:44:48,160 --> 00:44:49,220 Mr. McFarlane. 482 00:44:50,100 --> 00:44:53,660 But it appears to be either galvanized black pipe. 483 00:44:53,900 --> 00:44:54,700 I have no idea. 484 00:44:55,300 --> 00:44:59,440 and what happened was that we're very nice patty on the backyard and to help the 485 00:44:59,440 --> 00:44:59,920 Hell it with... 486 00:45:00,000 --> 00:45:11,740 On him to tear it up because at one point, it was a slab in somebody's pebble text. And it's nice. We'd like to just see it severed at that point and severed back at the bar with you to preserve the patio's integrity. 487 00:45:12,680 --> 00:45:26,060 And then go back inside the garage and remove the gas line to that point, plug up the wall. So that's the problem that I have no idea what to use for gas piping. So if you want to keep it, that's fine, but that point will all need to be exposed. 488 00:45:26,060 --> 00:45:35,340 So that way we can check out the validity of the material used, and at that point, a gas test would be required, and we do the inspection based on chapter 12 at that point. 489 00:45:35,880 --> 00:45:45,420 And again, my clients bought the property in August of 2020. They have absolutely no idea how this was constructed. 490 00:45:47,980 --> 00:45:48,320 Understood. 491 00:45:49,780 --> 00:45:54,060 So, Mr. McFarlane Boardman, did that answer your questions? Do you have a follow-up? 492 00:45:54,060 --> 00:46:02,880 All right, I do have a statement to make the, it was black iron that's not permitted in the ground, you're not allowed to use that other than above ground on the inside. 493 00:46:04,800 --> 00:46:10,240 And the, you know, as if the patio has a roof covering, you're not allowed to run the gas piping through the slab. 494 00:46:11,040 --> 00:46:13,040 There's a roof covering is just a slab. 495 00:46:13,880 --> 00:46:13,900 Okay. 496 00:46:15,920 --> 00:46:19,280 You can, you can tell all the board members are taking a grant, cancha. 497 00:46:19,720 --> 00:46:23,640 May I ask Mr. Sowers what question? 498 00:46:25,640 --> 00:46:31,860 Mr. Sowers, did you ever determine whether the electrical outlets that is shown 499 00:46:31,860 --> 00:46:37,540 on photo F on page 12 of the report is connected to anything? 500 00:46:38,120 --> 00:46:43,540 Like I said, in my earlier statement, it was raining that day and that did not go comfortable 501 00:46:44,080 --> 00:46:49,700 going and checking that number one, number two, our inspection warrant was limited to 502 00:46:49,700 --> 00:46:53,040 specifically the barbecue and it did and it does not have 503 00:46:53,040 --> 00:46:56,600 authorization to go back into the garage and ask the 504 00:46:56,600 --> 00:46:59,980 appellant to remove anything or to, you know, to uncover anything. 505 00:47:00,580 --> 00:47:03,140 We stuck to exactly with the inspection warrant. 506 00:47:03,820 --> 00:47:04,840 Limit this, too. 507 00:47:06,640 --> 00:47:10,080 So if the plug is not connected to electrical wiring, 508 00:47:10,280 --> 00:47:12,120 it doesn't still create a problem. 509 00:47:12,780 --> 00:47:14,640 It would need to be abandoned because at that point 510 00:47:14,640 --> 00:47:17,680 time it could easily be reconnected if it's running condo it 511 00:47:17,680 --> 00:47:20,060 to be very simple to reconnect. 512 00:47:20,480 --> 00:47:22,240 But at that point, you have two options either. 513 00:47:22,420 --> 00:47:25,380 You disconnect it, remove it, put a brick in its place, 514 00:47:25,480 --> 00:47:28,300 check out all the wiring, as well as the conduit, 515 00:47:28,560 --> 00:47:31,220 and wherever's back at the service panel, 516 00:47:31,640 --> 00:47:33,960 or legalize it, and go through the process. 517 00:47:35,020 --> 00:47:35,760 Thank you. 518 00:47:36,000 --> 00:47:36,280 You're welcome. 519 00:47:36,640 --> 00:47:38,080 Okay, moving on. 520 00:47:38,780 --> 00:47:44,280 So, thank you, does anyone from the city 521 00:47:44,280 --> 00:47:45,920 have questions for the appellate? 522 00:47:45,920 --> 00:47:58,920 And again, please note there's a five minute limit on questions and the questions must be related to compliance issue and related to code sections and I may stop you if those guidelines are not followed. 523 00:48:03,520 --> 00:48:15,500 The only question I would have for the appellant is, do they have any permit in their possession or any evidence that either the electrical line or the gas line was actually permitted. 524 00:48:15,500 --> 00:48:19,360 Well, here's the difficulty that we have. 525 00:48:19,560 --> 00:48:24,780 The only, it's a question to the appellum itself not to counsel. 526 00:48:27,350 --> 00:48:28,950 Oh, yes. 527 00:48:29,110 --> 00:48:41,030 You have the original parents for the gas lines and the electrical wiring for the house. 528 00:48:41,030 --> 00:48:50,670 And there is no evidence that these permits don't cover the electrical lines and the gas lines going to the barbecue. 529 00:48:53,330 --> 00:48:57,410 These are probably built by the initial manufacturer and 530 00:49:00,060 --> 00:49:00,460 the permanent. 531 00:49:01,620 --> 00:49:03,680 And the permits are right here. 532 00:49:05,300 --> 00:49:11,900 Unless you can prove that it was built after and somebody didn't get a permit and there is no such proof. 533 00:49:17,750 --> 00:49:20,390 Yes, can we ask the appellant any questions? 534 00:49:22,340 --> 00:49:24,660 I guess the board members can always ask. 535 00:49:26,560 --> 00:49:31,100 Three, do you know how that outlet to the BBQ was connected? 536 00:49:31,860 --> 00:49:33,900 Is that on a home run back to the panel? 537 00:49:34,160 --> 00:49:35,620 Is it sliced off another outlet? 538 00:49:36,200 --> 00:49:37,720 Can you explain that to me, please? 539 00:49:38,940 --> 00:49:42,600 Yes, there's just one outlet on the BBQ structure 540 00:49:42,600 --> 00:49:45,020 that has no electricity to it and nothing. 541 00:49:46,080 --> 00:49:57,400 It might have been built like 40 years ago and it was the wiring was taken out or it's just they left the outlet there. 542 00:49:57,400 --> 00:50:00,020 There's no electricity to it. There's nothing. There's nothing. 543 00:50:00,940 --> 00:50:10,760 There's no reason for you not to abandon the line. I mean, if it bothers the city, I can take out the outlet and just put it, 544 00:50:10,800 --> 00:50:21,060 color on it. Okay. How about the gas line? Is that on a home run back to the meter or how, how is that barbecue fed? Do you know, you know the type of material? 545 00:50:23,370 --> 00:50:30,090 There's just a barbecue, there is no visible gas line that goes to it, there's nothing. 546 00:50:31,730 --> 00:50:38,330 Everything is on the ground and I don't know. 547 00:50:39,550 --> 00:50:46,490 Just a barbecue brick structure, anything on the ground that's connected to it, I don't know. 548 00:50:46,490 --> 00:50:48,430 And even if it was, if it's disconnected, 549 00:50:48,850 --> 00:50:52,450 all the ports are off, I mean, there's one gas port on it. 550 00:50:52,610 --> 00:50:54,230 It's hopefully open, there's nothing. 551 00:50:54,990 --> 00:50:58,910 It's just pipes on the ground, probably that were used 552 00:50:58,910 --> 00:51:01,790 a long time ago, and there's nothing. 553 00:51:01,990 --> 00:51:03,950 I mean, it's so, you're really not, 554 00:51:04,030 --> 00:51:06,410 you're really not too sure what's below grade 555 00:51:06,410 --> 00:51:07,130 is what you're showing. 556 00:51:08,690 --> 00:51:10,490 I don't know what's on their ground, 557 00:51:10,490 --> 00:51:10,910 connected. 558 00:51:11,310 --> 00:51:11,890 Thank you. 559 00:51:11,890 --> 00:51:12,210 Thank you. 560 00:51:12,230 --> 00:51:13,150 Thank you. 561 00:51:13,430 --> 00:51:13,550 Next. 562 00:51:14,450 --> 00:51:15,790 I appreciate you answering the question. 563 00:51:15,790 --> 00:51:23,670 Thank you very much sir. Okay, let's go back to does this, does anyone from the city have any questions for the appellant? 564 00:51:25,110 --> 00:51:29,610 Mr. Sherman, may I ask a question of Mr. Sours? 565 00:51:30,550 --> 00:51:45,750 Sure. Mr. Sours, the appellant has stated that in their view, the gas and electrical lines were part of the original construction of the house and were part of the original building permit. 566 00:51:46,610 --> 00:52:05,630 Can you comment on in your experience what I guess the likelihood or how common is it that a building permit for a house would include reference to an accessory structure like a barbecue on a condominium patio. 567 00:52:05,630 --> 00:52:07,410 So that's question number one. 568 00:52:08,110 --> 00:52:14,490 And number two, when you expected the nature of the construction, 569 00:52:15,310 --> 00:52:18,210 the gas line in particular, because as you said, 570 00:52:18,210 --> 00:52:22,850 you couldn't really inspect the electrical line other than just 571 00:52:22,850 --> 00:52:28,250 observe the on GFI protected outlet itself without a cover. 572 00:52:29,150 --> 00:52:31,710 But when you observed the gas line, 573 00:52:31,710 --> 00:52:55,050 Can you comment on the nature of that connection or that construction rather and the connections and comment on whether or not in your view it is reflective of what would be required to meet codes either today or presumably back in 1978 if in fact it were part of the original construction? 574 00:52:55,050 --> 00:53:02,030 So the answer to the first question, typically, I started in this business back in the early 575 00:53:02,030 --> 00:53:09,430 80s and into the obviously to now, and doing with multiple tracks and condominium projects, 576 00:53:09,510 --> 00:53:15,090 if anybody ever did anything with an accessory structure on a track tone or a condominium 577 00:53:15,090 --> 00:53:16,850 very, I'd never seen it happen. 578 00:53:17,030 --> 00:53:23,790 It's normally something that's done afterwards or possibly at the rarest point of view, it might 579 00:53:23,790 --> 00:53:32,570 a model. And this was never a model. This was done as a plan to be R. It was on a lot three unit 580 00:53:32,570 --> 00:53:38,750 five. And it was just, it was built to plan to be R, which would be the inside content as well 581 00:53:38,750 --> 00:53:47,730 as the outside to thought and things as that nature. As Mr. Medigalaham and as well as the 582 00:53:47,730 --> 00:53:53,150 his attorney indicated they had a gas cell. And they totally agree with that. It was done on 583 00:53:53,150 --> 00:53:59,010 16 to 78, but I listed the fly of items that was typically being included in something like that. 584 00:53:59,890 --> 00:54:06,030 And I've never seen anything like that be done at the time of construction, Mr. Bradley. 585 00:54:06,510 --> 00:54:07,910 I was just not the norm. 586 00:54:08,530 --> 00:54:15,330 With respect to the construction of it, from what I've read from the code in 1978, 587 00:54:15,330 --> 00:54:21,670 It's not a period that they adhere to the code, what's respected, they required a gas 588 00:54:21,670 --> 00:54:25,590 valve outlet that's visibly seen as a shock, connects, which they have there, but they 589 00:54:25,590 --> 00:54:31,790 also required another one back at the back side of the pipe, which I did not see. 590 00:54:32,270 --> 00:54:36,830 The same time, I have no idea what was used with respect to materials. 591 00:54:37,670 --> 00:54:44,250 The material is painted, and it goes back to board member Kalensky's question as well as 592 00:54:44,970 --> 00:54:46,210 What material is used? 593 00:54:46,410 --> 00:54:47,070 I have no idea. 594 00:54:47,210 --> 00:54:48,350 I don't know if it's black pipe. 595 00:54:48,650 --> 00:54:49,830 I don't know if it's galvanized pipe. 596 00:54:49,970 --> 00:54:51,950 If it's black pipe, it's never been allowed to go underground. 597 00:54:53,570 --> 00:54:56,070 So, from that perspective, I have no idea. 598 00:54:57,630 --> 00:54:59,950 And the points of connects. 599 00:55:00,000 --> 00:55:08,500 In between the dryer, in the garage, with flex line connectors on them, is that typical construction? Go to compliant construction? 600 00:55:09,140 --> 00:55:22,060 No, typical construction, something like that, to go back into hard wire, excuse me, a hard pipe, and same time, we'd be a shut off valve at that point, to shut it off in case of servicing, or if there's ever an event of an emergency, you shut it off at the, at the cooked up itself. 601 00:55:22,660 --> 00:55:28,240 The flex connectors are normally an appliance connector in the event of an earthquake or something like that, they can move and have some movement. 602 00:55:28,240 --> 00:55:36,460 It would be hard, it would be hard to come back so that that and itself led me to believe that it possibly did not have a prevent that time. 603 00:55:37,040 --> 00:55:46,160 And as well and during the inspection the flex line was a connection at the appliance, which was the cooktop which would have been a great place for a flex line. 604 00:55:47,400 --> 00:55:55,520 You're talking about the, the, the, the, the part the other demo the barbecue is struggling to be recently removed from the flex line that is still unpar 605 00:55:55,520 --> 00:56:06,740 And you can see the brass, and you can see that if you look at photo number as photo E on page 11 and that's where the flex connector go because that's where the 606 00:56:06,740 --> 00:56:10,000 the cook helps that on top of the barbecue structure at that point. 607 00:56:10,280 --> 00:56:13,880 And I think that would be exactly where the flex line would go, not back at the main connection. 608 00:56:15,910 --> 00:56:17,370 Yeah, there's a question of Mr. Sowers. 609 00:56:18,510 --> 00:56:18,910 Yes. 610 00:56:19,230 --> 00:56:20,050 Hold on a second. 611 00:56:20,050 --> 00:56:22,930 Hold on a second. I'd like to have a follow up to that one please. 612 00:56:22,930 --> 00:56:32,170 So, and I don't know who desks with dresses to other than, I'll make it open to either the city or the appellate. 613 00:56:33,090 --> 00:56:43,150 So, if this might have been a home builder accessory, did we see this in any of the other units? 614 00:56:44,050 --> 00:56:45,770 Did anybody else have this option? 615 00:56:47,850 --> 00:56:49,710 I have not seen it. 616 00:56:49,830 --> 00:56:52,030 I've done a couple of, we've done a few inspections out there. 617 00:56:52,090 --> 00:56:57,470 There was another barbecue that was done without a permit and since it's been cited 618 00:56:57,470 --> 00:57:02,370 and is going through the inspection process for permitting and it was never done at the time 619 00:57:02,370 --> 00:57:05,190 it was a building and that's the only one that I know of. 620 00:57:05,450 --> 00:57:08,470 The homeless association might be able to comment on that. 621 00:57:08,690 --> 00:57:11,340 I don't know. 622 00:57:11,680 --> 00:57:13,320 David, do you know anything about that? 623 00:57:14,320 --> 00:57:36,500 No, I'm not aware, but I do agree with Mr. Sowers when he said that it's not typical at all that we would see construction of an accessory nature like a barbecue not called out separately on a building permit as part of a production home for a builder. 624 00:57:38,320 --> 00:57:48,180 And that type of feature would normally only be part of like a model, a home that was 625 00:57:48,180 --> 00:57:49,280 serving as a model. 626 00:57:49,560 --> 00:57:55,700 They would have all those types of accessories and accoutrements in order to market the 627 00:57:55,700 --> 00:58:01,160 homes and the builder would pull those permits from the city and they would be reflected 628 00:58:01,160 --> 00:58:08,660 on separate permits or called out separately on on the permit for the the main the main structure 629 00:58:08,660 --> 00:58:17,140 it's in fact they kind of covered them by that original permit usually it's it's reflected 630 00:58:17,140 --> 00:58:23,300 on a separate permit however is that you're understanding to Mr. Sauer's. Yes and Mr. Chairman 631 00:58:23,300 --> 00:58:28,560 I'd like to read something for the 1978 woman code and basically what it states and talks about 632 00:58:29,180 --> 00:58:34,700 an accessible shot off valve, show of a tight step forth in the indicated indicates the 633 00:58:34,700 --> 00:58:39,460 subsection, shall be installed in the field supply piping outside of each appliance and a 634 00:58:39,460 --> 00:58:44,640 head of the Union connection, and in addition there to the valve at the appliance side as well, 635 00:58:44,800 --> 00:58:49,040 so they're calling out to certain, and this never really coincided with that, and then it also 636 00:58:49,040 --> 00:58:56,360 talks about the gas piping, and I did not see that as being apparent with respect to the 637 00:58:56,360 --> 00:58:59,300 the 76 uniform plumbing cuts. 638 00:58:59,980 --> 00:59:04,120 Okay, now, I'm sorry, I didn't catch who I talked over, 639 00:59:04,220 --> 00:59:07,820 sorry, who is looking to ask a question. 640 00:59:09,980 --> 00:59:10,680 I am at a rate. 641 00:59:11,220 --> 00:59:14,440 Okay, thank you, thank you for letting me go, 642 00:59:14,620 --> 00:59:15,920 sorry if I talked over you. 643 00:59:16,120 --> 00:59:16,960 That's okay. 644 00:59:19,460 --> 00:59:20,800 Mr. Sowers, were you working 645 00:59:20,800 --> 00:59:22,080 for the city in 1978? 646 00:59:22,940 --> 00:59:23,520 No sir. 647 00:59:24,820 --> 00:59:28,040 So you have no idea what their standards were 1978. 648 00:59:28,040 --> 00:59:29,460 from your personal knowledge. 649 00:59:30,600 --> 00:59:31,080 No, I do not. 650 00:59:31,160 --> 00:59:32,920 Other than what I've seen on the, 651 00:59:32,920 --> 00:59:33,260 okay. 652 00:59:33,960 --> 00:59:36,240 Hang on, thank you for being here for three and a half years 653 00:59:36,240 --> 00:59:38,920 and doing permit research and history here 654 00:59:38,920 --> 00:59:40,280 for three and a half years. 655 00:59:44,340 --> 00:59:46,200 Or, and it is a correct set. 656 00:59:46,360 --> 00:59:48,860 The city does not maintain plaque for units 657 00:59:48,860 --> 00:59:50,760 going back to as far. 658 00:59:51,100 --> 00:59:52,280 That is correct. 659 00:59:53,660 --> 00:59:54,860 And Mr. Bradley, you indicated 660 00:59:54,860 --> 00:59:58,520 that it would be unusual for this structure 661 00:59:58,520 --> 00:59:59,920 to exist unless it was... 662 01:00:01,040 --> 01:00:04,340 Do you know if this was a model home? 663 01:00:06,620 --> 01:00:13,260 Yes, Mr. Chair, to respond to Mr. Ray, as indicated by Mr. Sowers and his earlier comments, the permit 664 01:00:13,260 --> 01:00:19,720 does not reflect that this was a model, and it would have, if it would have been a model. 665 01:00:20,440 --> 01:00:23,860 So it presumably is just a regular production unit. 666 01:00:23,860 --> 01:00:27,500 Yeah. And that was true, even in 1978, 667 01:00:30,720 --> 01:00:35,600 that client, I believe that is the case, but I 668 01:00:36,760 --> 01:00:43,180 wasn't doing this in 1978, so I can't attest to that. I can just say this on the permit history 669 01:00:43,180 --> 01:00:49,680 that we've done on various track tones around here, those condominiums they do call out specifically 670 01:00:49,680 --> 01:00:57,640 model 1, 2, 3, and after going through an extensive re-model and going back through multiple 671 01:00:58,400 --> 01:01:06,020 tracks as well as countless items in permit history, we've noticed that every track from the 672 01:01:06,020 --> 01:01:11,720 60s, 70s, 80s, 90s, 2000s indicated the models and what they planned on doing with the models. 673 01:01:14,440 --> 01:01:21,140 All right. Moving on, does the Board wish to entertain any additional testimony from the city staff 674 01:01:21,140 --> 01:01:22,520 or the appellant. 675 01:01:24,380 --> 01:01:26,420 Just for stitching salad. 676 01:01:29,130 --> 01:01:30,590 Okay, yeah. 677 01:01:31,170 --> 01:01:36,430 Um, if the owner doesn't want to use the system, um, 678 01:01:36,430 --> 01:01:37,910 barbecue or anything like that. 679 01:01:38,470 --> 01:01:41,990 And they are willing to remove the electrical sticks, 680 01:01:42,250 --> 01:01:43,590 which is not working. 681 01:01:45,590 --> 01:01:47,510 And still, city has any problems, 682 01:01:47,630 --> 01:01:51,090 because they are not doing any repair or anything like that. 683 01:01:51,090 --> 01:02:00,090 And do you want them to be moved for barbecue or yeah, if they don't want to fix it, what's if you want it here? 684 01:02:01,130 --> 01:02:04,810 First of all, the city has never had an issue with the structure itself. 685 01:02:04,990 --> 01:02:08,670 It's only been the gas line and the electrical line. 686 01:02:09,650 --> 01:02:20,670 If Mr. Manning would like to disconnect the gas line and disconnect the electrical line and do it per code and properly. 687 01:02:20,670 --> 01:02:22,830 I have no issue 688 01:02:26,090 --> 01:02:27,730 in yet a question. 689 01:02:29,670 --> 01:02:32,410 Well, I have one for the panelist by me. 690 01:02:35,030 --> 01:02:35,670 Sharim. 691 01:02:37,670 --> 01:02:41,110 Listening to all to listen to the information from both sides. 692 01:02:41,430 --> 01:02:50,030 It sounds to me like the source of power and the source of fuel. 693 01:02:50,030 --> 01:03:09,210 there is such a large unknown factor here. Why is it that you don't want to remove the existing gas line and the existing conduit containing the conductors back to the main service panel? 694 01:03:13,370 --> 01:03:23,770 I told the city that I'm not going to connect any gas to this or anything, and I can, 695 01:03:24,110 --> 01:03:31,970 the thing is that Mr. Sauer and his notice of violation said that we have to open the flap, 696 01:03:32,270 --> 01:03:38,610 the concrete, we have to bring it to something to open the entire patio, 697 01:03:38,610 --> 01:03:46,710 to break the concrete, he wants to open up the entire patio to look at the line that goes 698 01:03:46,710 --> 01:03:53,470 into the barbecue and then he said, and also maybe the barbecue itself. So he wants to destroy 699 01:03:53,470 --> 01:03:59,730 the barbecue to look at the lines, make sure that they're fine. I mean, the whole thing 700 01:03:59,730 --> 01:04:07,450 found that extremely malicious. If you read what he says in his notice of violation, that 701 01:04:07,450 --> 01:04:16,290 what he wants to do in order to issue a pyramid and he never mentioned about the abandonment 702 01:04:16,290 --> 01:04:21,350 in his notice of violation. He can say that, well, if you want to abandon it, he can do it this way. 703 01:04:22,710 --> 01:04:29,670 He wants to open up his intention to inflict massive damage to this thing, and now he says that, 704 01:04:29,670 --> 01:04:37,030 okay, if you just cut it off at the surface of the patio, it's fine. I think that's what he says. 705 01:04:37,030 --> 01:04:43,090 And what I said was you can sever it at the surface of the patio and at the same time go back to the 706 01:04:43,090 --> 01:04:52,470 to the barbecue structure itself and as long as it was done in a point that it could never be reconnected 707 01:04:52,470 --> 01:04:56,390 that we would be willing to work with with the appellant on that but 708 01:04:58,230 --> 01:05:00,010 I mean, to keep it, you would have to... 709 01:05:00,000 --> 01:05:29,980 Those everything and do what you need to do. So in order to be working, you know, the bottom line is we want to get to a resolution of the abandonment or permitting of the, uh, of the gas line. So we're trying to find a resolution that's why we're here at the field. And I don't, in order to do it correctly, we might have to, to tear it up. I am hopeful that we don't have to. I mean, I'm trying to work with, you know, with whatever we can in order to get a proper abandonment. 710 01:05:30,000 --> 01:05:37,160 or proper, yes. And Mrs. Sauer has no evidence that there is any line going on the ground to 711 01:05:37,160 --> 01:05:41,840 the barbecue. There's nothing. It's just this structure. I don't think he has it's just this 712 01:05:41,840 --> 01:05:48,040 pipe sticking out of the something in the garage. He has no evidence that that pipe is connected to 713 01:05:48,040 --> 01:05:53,960 the barbecue. So, a speculation, there's one line in the barbecue in the garage and he's saying 714 01:05:53,960 --> 01:05:56,700 that is probably going into the barbecue. 715 01:05:57,520 --> 01:05:59,020 He never tested it. 716 01:05:59,100 --> 01:06:01,880 He came here on March 3rd to do that. 717 01:06:02,520 --> 01:06:03,720 And he never tested it. 718 01:06:03,740 --> 01:06:05,260 He just looked at things. 719 01:06:05,380 --> 01:06:06,420 He just looked at the barbecue 720 01:06:06,420 --> 01:06:08,120 and this thing sticking out of the garage. 721 01:06:08,420 --> 01:06:11,440 He's saying that it's probably going into the barbecue. 722 01:06:11,520 --> 01:06:12,860 That's what he's saying. 723 01:06:13,660 --> 01:06:16,720 I have one last question, and I appreciate your time, I do, sir. 724 01:06:17,820 --> 01:06:21,180 So the fact that you may or may not have a gas line, 725 01:06:21,180 --> 01:06:30,400 You may or may not have current running to conduct this below grade. Does not concern you at all? 726 01:06:31,140 --> 01:06:38,280 Well, there's nothing. I mean, you can dig up the thing, the patio to see if there is anything. 727 01:06:38,520 --> 01:06:44,360 You have to have evidence that there's something in there. I mean, you're saying that there might be a 728 01:06:44,360 --> 01:06:48,360 there, that's odd of coals inside the ground. 729 01:06:48,960 --> 01:06:54,800 Therefore, we have to dig it up to see if there is a pipe and if there is, I mean, you can do it. 730 01:06:54,900 --> 01:06:59,300 Then you have to go all over the place and dig up everybody's patio to see if there's anything 731 01:06:59,300 --> 01:06:59,780 there. 732 01:07:00,580 --> 01:07:01,680 You can do that. 733 01:07:02,080 --> 01:07:03,140 Thank you for your response. 734 01:07:05,750 --> 01:07:05,990 All right. 735 01:07:06,170 --> 01:07:07,270 So I'm going to ask again. 736 01:07:07,970 --> 01:07:14,090 So the board was to entertain any additional testimony from the city staff or the appellant. 737 01:07:16,350 --> 01:07:16,510 No. 738 01:07:16,510 --> 01:07:20,770 Here in nine, I will now close the time for testimony. 739 01:07:21,590 --> 01:07:25,570 There will be no more testimony accepted unless the requested by the board. 740 01:07:26,370 --> 01:07:29,190 We will now have an opportunity for public comment. 741 01:07:29,970 --> 01:07:33,830 Is there any member of the public who wishes to speak on this item? 742 01:07:34,170 --> 01:07:38,090 Note there is a three minute time limit for public comment. 743 01:07:40,440 --> 01:07:41,560 I would like to be 744 01:07:50,320 --> 01:07:51,140 from someone else. 745 01:07:51,180 --> 01:07:53,920 So what I'm going to do is I'm going to mute all right now. 746 01:07:53,920 --> 01:08:01,250 and then Ms. Fuller, I'm trying to mute it. 747 01:08:01,570 --> 01:08:02,050 I'm sorry. 748 01:08:02,050 --> 01:08:04,470 Here we go. 749 01:08:04,870 --> 01:08:05,730 Can you hear? 750 01:08:14,120 --> 01:08:14,120 Hello. 751 01:08:15,160 --> 01:08:17,660 Okay, Ms. Fuller, we can hear you. So go ahead. 752 01:08:18,100 --> 01:08:18,680 Yes, please. 753 01:08:19,240 --> 01:08:23,340 Hi. The only comment I wish to make is if Mr. 754 01:08:25,760 --> 01:08:26,240 Sharam's 755 01:08:26,240 --> 01:08:28,820 dissertation or explanation. 756 01:08:29,500 --> 01:08:31,300 This is, this is, this is Chairman Heinrich. 757 01:08:31,300 --> 01:08:33,760 Could you please identify who you are please, 758 01:08:33,760 --> 01:08:35,800 because the board probably doesn't know? 759 01:08:36,080 --> 01:08:37,340 Hi, I'm Deborah Coler. 760 01:08:37,400 --> 01:08:39,720 I actually managed the Ranch of Dominguez Town 761 01:08:39,720 --> 01:08:40,480 home association. 762 01:08:41,580 --> 01:08:42,820 OK, thank you. 763 01:08:50,960 --> 01:08:54,660 As a location of the barbecue is sticking point 764 01:08:54,660 --> 01:08:58,440 for the association, because it's built up against the garage 765 01:08:58,440 --> 01:09:00,880 wall, and the wood sensing, and we 766 01:09:00,880 --> 01:09:03,300 will be addressing that with the homeowner. 767 01:09:05,140 --> 01:09:13,500 My comment on the gas line is, Mr. Maglahine, do you have a gas stove? 768 01:09:17,270 --> 01:09:19,050 Chair Heinrich, I'm going to interrupt for a second. 769 01:09:19,490 --> 01:09:23,690 Yeah, public comment should address the board and they're welcome to address the board. 770 01:09:23,950 --> 01:09:29,430 But I don't think it's proper to fly or the questioning of the appellant. 771 01:09:29,430 --> 01:09:42,550 Okay, well, in my research, the gas lines that were run appropriately based on original homeowners 772 01:09:42,550 --> 01:09:47,090 who have owned, every patio was dirt. 773 01:09:48,050 --> 01:09:53,870 There are easements in the governing documents that talk about the gas line, and if something 774 01:09:53,870 --> 01:09:59,950 is built over the gas line if it needs to be worked on, that homeowner acknowledges that 775 01:10:00,340 --> 01:10:03,420 They must make access for that easement. 776 01:10:07,220 --> 01:10:25,140 So, from what I can understand and my limited knowledge is that the gas sign that would run into the home for either the fireplace and or the heater would have gone underground and would have been set by the builder. 777 01:10:26,610 --> 01:10:32,670 every home was an electric cell and an electric oven. 778 01:10:34,050 --> 01:10:39,610 All other appliances would have been electric kept set for the heater 779 01:10:39,610 --> 01:10:41,550 and or the fireplace. 780 01:10:43,030 --> 01:10:46,010 That's the only thing I want to bring up. 781 01:10:46,630 --> 01:10:47,630 All right, thank you. 782 01:10:48,090 --> 01:10:52,270 Are there any other members of the public that would like to address the board? 783 01:10:56,330 --> 01:10:59,710 Hearing none, I'll now close the public comment portion of the hearing. 784 01:10:59,710 --> 01:11:07,110 We will now discuss and deliberate at the end of our deliberation or at any time during the deliberation. 785 01:11:07,590 --> 01:11:10,770 I will entertain a motion from the board on this matter. 786 01:11:11,410 --> 01:11:17,530 The motion could either deny the appeal and uphold the bill in official decision, 787 01:11:18,210 --> 01:11:24,710 or it could be to modify or refer the bill in official decision. 788 01:11:24,710 --> 01:11:33,790 In determination to modify or reverse the billion officials' decision must be a vote of two thirds of the board's membership. 789 01:11:34,310 --> 01:11:37,190 In other words, by at least four votes. 790 01:11:37,950 --> 01:11:40,510 Our determination should be by resolution. 791 01:11:41,410 --> 01:11:49,430 There is a draft resolution in the agenda packet, but we can modify that resolution as we see fit. 792 01:11:49,430 --> 01:11:56,050 including I boys vote with the drafting of the resolution occurring after the meeting. 793 01:11:57,130 --> 01:12:03,670 So here's the part where the board members deliberate if there is a motion, I will entertain one. 794 01:12:20,770 --> 01:12:22,510 Don't everybody go shy on me. 795 01:12:30,210 --> 01:12:32,490 I see Ron talking, but I he's mute. 796 01:12:34,530 --> 01:12:36,010 I can enter a motion. 797 01:12:36,010 --> 01:12:46,350 I believe we should stay with what the billing officials find memes are and go along with what he wishes the homeowner to do. 798 01:12:46,710 --> 01:12:47,890 I second that motion. 799 01:12:48,490 --> 01:12:55,810 So we have a first and a second to adopt the resolution as part of the agenda packet. 800 01:13:00,520 --> 01:13:12,060 So I'd like to, at that point, Steven, do we ask the Arlene to call for a vote? 801 01:13:13,820 --> 01:13:19,000 Yes, so, Chair Heinrich, at this point, I mean, you are free to continue to discuss the motion that's on the table. 802 01:13:19,460 --> 01:13:26,900 But if you are, when, if and when you are finished your discussion, you would ask Arlene to call a roll call, call vote, and you will each vote. 803 01:13:26,900 --> 01:13:36,560 Any board members have any additional conversation, deliberation, that before we call for the vote. 804 01:13:40,570 --> 01:13:43,210 Hearing none, Arlene, please call for the vote. 805 01:13:48,270 --> 01:13:48,910 Who is ski? 806 01:13:49,390 --> 01:13:49,790 Yes. 807 01:13:50,470 --> 01:13:51,030 That's Ar? 808 01:13:51,450 --> 01:13:51,890 No. 809 01:13:52,850 --> 01:13:53,670 Goal of Ar? 810 01:13:54,730 --> 01:13:55,010 Yes. 811 01:13:55,570 --> 01:13:56,230 McFarlane. 812 01:13:58,310 --> 01:14:00,070 Motion carries four to zero. 813 01:14:00,990 --> 01:14:02,170 That's Ar voting no. 814 01:14:06,230 --> 01:14:17,210 All right. Thank you very much. I will now turn to the second item to be heard. This is an appeal of case number CC-DAS-044026. 815 01:14:18,150 --> 01:14:24,270 This concerns the notice of violation dated May 5 2021 provided to the Appellants. 816 01:14:26,150 --> 01:14:29,550 I will ask the names we read in again because I'm still not good at this. 817 01:14:34,990 --> 01:14:41,690 Perhaps you can ask the appellant to just identify himself so we have the proper. 818 01:14:41,790 --> 01:14:43,170 That would be perfect. 819 01:14:43,310 --> 01:14:43,990 That's the issue. 820 01:14:49,140 --> 01:14:50,360 What you're muted, sorry. 821 01:14:55,180 --> 01:14:56,420 Sharon Manny Golem. 822 01:14:57,160 --> 01:14:58,400 Thank you so very much. 823 01:15:00,020 --> 01:15:15,120 And concerns an exterior, electrical, light features. In the record are the following documents. On April 5, 2021, the city service served a courtesy notice to the appellant. 824 01:15:15,120 --> 01:15:30,500 This was followed by a final notice of violation provided to the appellant on both April 20 and May 5, 2021 on May 12, 2021, the appellant submitted a request for appeal. 825 01:15:31,460 --> 01:15:40,860 On June 3, 2021, the appellant was notified that a hearing would be scheduled to hear an appeal on June 14, 2021. 826 01:15:40,860 --> 01:15:44,960 that the Appalachian request the hearing was rescheduled for today. 827 01:15:45,880 --> 01:15:51,640 Also on June 3, 2021, the Appalachian was provided a copy of the Procedures 828 01:15:51,640 --> 01:15:56,700 Epical to this hearing as well as a copy of the city's written documented 829 01:15:56,700 --> 01:16:03,080 documentation submitted to the board. On June 21, 2021, the Appalachian 830 01:16:03,080 --> 01:16:11,250 council submitted a letter to the board that that letter was provided to the board and to the city staff. 831 01:16:12,340 --> 01:16:17,700 Neither the city nor the appellant have notified the board that they intended to call any witnesses. 832 01:16:18,300 --> 01:16:24,020 Accordingly, no witness testimony will be heard today. I will now invite the city staff 833 01:16:24,020 --> 01:16:29,860 to provide a presentation to the board and again there's a 15 minute time limit. 834 01:16:29,860 --> 01:16:30,500 lead. 835 01:16:38,460 --> 01:16:39,980 You're muted, Mr. Stowers. 836 01:16:43,540 --> 01:16:45,300 Thank you. Thank you for the help, David. 837 01:16:46,600 --> 01:16:51,120 The second item on the agenda is a notice of violation regarding exterior lighting, 838 01:16:51,440 --> 01:16:58,340 attached to a residence located at 211-29B at Canada. On March 29, 2021, building 839 01:16:58,340 --> 01:17:03,060 division received a name mail. Excuse me regarding two unpromitted light pictures that were 840 01:17:03,060 --> 01:17:07,540 installed on the reference address. A subsequent research of permit history was completed 841 01:17:07,540 --> 01:17:11,060 and no permits were found for newly attached exterior light pictures. 842 01:17:11,700 --> 01:17:15,260 Thus, in no violation was sent to the owner in April 5th, 2021. 843 01:17:16,060 --> 01:17:19,800 With additional follow-up notices sent on April 20th, 2021, 844 01:17:20,180 --> 01:17:22,620 and may 5th, 2021 by a good enforcement. 845 01:17:23,360 --> 01:17:26,420 The homeowner has requested the appeal of the most of the violations. 846 01:17:27,320 --> 01:17:31,200 The property owner appealed claiming that the light picture is exempt from the permit 847 01:17:31,200 --> 01:17:38,120 requirement under California Building Code Section 105.2 work exempt from permit, specifically 848 01:17:38,120 --> 01:17:44,580 under Electrical with a focus on replacement of lamps. Staff findings are based on the following 849 01:17:44,580 --> 01:17:53,800 code definitions, codes, section references, and energy code ACE. 2019 California Building Code 850 01:17:53,800 --> 01:18:03,360 In 2019 California Residential Code, Section 105.1 and 105.2, Electrical Item 1, repairs and maintenance, 851 01:18:03,840 --> 01:18:08,700 minor repair work including the replacement of lamps or the connection of approved portable 852 01:18:08,700 --> 01:18:12,780 lecture equipment to an approved permanently installed receptacles. 853 01:18:13,660 --> 01:18:17,520 2019 California Energy Code defines lamp as the following. 854 01:18:18,140 --> 01:18:22,780 An electrical appliance that produces an optical radiation for the purpose of visual 855 01:18:23,840 --> 01:18:29,320 Designed with a base to provide an electrical connection between the lamp and a luminaire. 856 01:18:30,160 --> 01:18:32,100 And it's designed to be installed into a luminaire. 857 01:18:32,580 --> 01:18:38,000 A lamp is not a luminaire and is not an LED retro set kit. 858 01:18:38,800 --> 01:18:42,480 2019 energy code defines a luminaire as a complete lighting unit, 859 01:18:42,720 --> 01:18:44,720 consisting of a light source. 860 01:18:44,880 --> 01:18:50,320 This is a lamp for lamps together with the parts that distribute light position 861 01:18:50,320 --> 01:18:53,860 to protect the light source and connect to a power supply. 862 01:18:54,620 --> 01:18:59,520 Energy code A is a program funded by Pacific Gas and Electric, 863 01:18:59,820 --> 01:19:04,400 San Diego Gas and Electric, Southern California and Southern California Gas Company, 864 01:19:05,020 --> 01:19:06,920 and is zetted by the California Energy Commission. 865 01:19:07,440 --> 01:19:12,320 California Code A says released a publication online that clearly defines 866 01:19:12,880 --> 01:19:17,520 that clarifies these definitions by further elaborating that a light bulb 867 01:19:17,520 --> 01:19:20,940 or similar, separable lighting components. 868 01:19:21,800 --> 01:19:46,560 Other findings were 2019 California Electrical Code, California Article 89, California Code provisions, section 89, 0.108, 4.1, permits and section 89, 0.108, 4.4, inspections, 2019 California Energy Code, section 100, 0.1, definitions, alterations, 869 01:19:46,560 --> 01:19:56,460 Lamp, Luminare, Section 1, 50.2, B, Alterations, J, Lighting, Section 150, K, Resonance, Lighting, 870 01:19:56,480 --> 01:20:00,020 Item 3, Resonance, Lout, Door Lighting, and Table 1, 5. 871 01:20:00,000 --> 01:20:25,580 0.0-a, classification of high-efficancy light sources, euroblender, ordinance, number 2, 019-1065, article 9, 5.7, permit, article 95.10 compliance, article 95.11 inspection, but a zambian, the staff report, reference the light pictures and questions. I am available for questions. 872 01:20:27,690 --> 01:20:33,610 All right, thank you. Does any board member have questions for the city staff? 873 01:20:39,370 --> 01:20:40,490 No, I do not. 874 01:20:44,140 --> 01:20:49,860 Well, then I guess I do. So do we know what this replaced? 875 01:20:54,290 --> 01:20:59,710 I do not know. I'm assuming the regular or regular light fixture. 876 01:21:00,850 --> 01:21:04,490 Okay. Well, maybe I can ask that when the appellant gives their presentation. 877 01:21:04,490 --> 01:21:17,650 All right. Thank you. Does the appellant have any questions for the steady staff and please note there's a five minute limit on questions questions must be related to the compliance issue and related code section. 878 01:21:17,730 --> 01:21:22,070 And I may stop you if those guidelines are not followed. Thank you. 879 01:21:24,940 --> 01:21:26,700 Any questions from the appellant. 880 01:21:28,660 --> 01:21:38,800 This is Emma rate representing the appellant. Do you know whether a light fixture was there before this current light fixture was installed? 881 01:21:38,800 --> 01:21:39,680 I 882 01:21:41,920 --> 01:21:42,720 do not. 883 01:21:43,260 --> 01:21:52,560 Did you see any evidence that new electrical wiring had been placed through the walls of the exterior to the patio? 884 01:21:55,440 --> 01:22:04,120 If this is in fact just the replacement of one light fixture by another light fixture, does that require a building permit? 885 01:22:05,960 --> 01:22:09,420 And it has to conform to the California energy code as well. 886 01:22:11,430 --> 01:22:20,490 And which provision requires that the replacement of one light picture for another light picture requires a building permit. 887 01:22:21,090 --> 01:22:27,590 It falls back under the California building code and goes back under section 105.2 the electrical item. 888 01:22:27,590 --> 01:22:31,950 or specifically exempt lamps, which this is not a lamp, 889 01:22:32,430 --> 01:22:34,750 this is actually a fixture and a room in here. 890 01:22:35,150 --> 01:22:36,350 So at that point, since the exemption 891 01:22:36,350 --> 01:22:39,370 is only applies to a lamp, which is a light bulb, 892 01:22:39,950 --> 01:22:44,390 has defined by energy code as well as in the energy code. 893 01:22:44,670 --> 01:22:46,310 When you start changing out light pictures, 894 01:22:47,690 --> 01:22:50,970 the whole fixture itself, that's when it requires a building for that. 895 01:22:51,430 --> 01:22:52,690 At the same time on an exterior, 896 01:22:52,850 --> 01:22:55,170 we want to make sure that obviously it's watertight 897 01:22:55,170 --> 01:23:01,410 And make sure it complies with the motion sensor, whatever the case may be that he's decided to put in. 898 01:23:01,450 --> 01:23:03,350 And let me quickly add to that. 899 01:23:03,710 --> 01:23:07,770 I think Jim was referencing 105.1 is the permit requirement. 900 01:23:08,190 --> 01:23:13,950 What I want to do is just the exemption when you're not required to get a permit. 901 01:23:14,230 --> 01:23:20,170 And 105.1 actually specifically calls out along with plumbing and gas. 902 01:23:20,170 --> 01:23:24,550 it does call out on, you know, any any improvement to electrical. 903 01:23:25,710 --> 01:23:31,170 So the appellan is actually raised an exception to that rule in 105.2, 904 01:23:32,050 --> 01:23:35,470 but that only refers to the replacement of lamps. 905 01:23:35,870 --> 01:23:39,170 And that's why there was an explanation of what a lamp is 906 01:23:39,750 --> 01:23:44,450 in contrast to a luminear being a light bulb, which is a lamp versus a luminear, 907 01:23:44,610 --> 01:23:47,450 which is the actual picture, which is what was replaced here. 908 01:23:47,450 --> 01:23:57,450 Okay, so just to clarify, he's not accused of violating the exemption provision, 105.2. 909 01:23:58,430 --> 01:24:00,370 We know part of the charge against him. 910 01:24:00,530 --> 01:24:10,270 No, he's the one who's relied on 105.2 to claim that he was not required to get a permit. 911 01:24:11,410 --> 01:24:15,630 The reference in the notes of violation was to 105.1 which is the permit requirement. 912 01:24:15,630 --> 01:24:26,160 and 105.2 maybe the bottom of page one of the June 14, 2001 building board of appeals staff report. 913 01:24:26,720 --> 01:24:31,660 Again, that's just references all relevant code sections. 914 01:24:32,520 --> 01:24:37,500 But the notes of violation refer to the 105.1, that's the violation, not getting a permit. 915 01:24:42,000 --> 01:24:47,620 Okay, so I guess I have another question I should have asked it, like previous one. 916 01:24:48,860 --> 01:24:56,340 So I assume that we don't have two options with this one, like we did with the last one. 917 01:24:56,860 --> 01:24:59,740 You can't just remove it and leave stuff hanging there. 918 01:25:00,000 --> 01:25:05,880 So, what is the city's desired resolution? 919 01:25:08,850 --> 01:25:13,110 I've taken a building permit, have it inspected and put in a proper light picture. 920 01:25:14,310 --> 01:25:18,250 And I'm assuming, I don't know if it's a proper light picture, so obviously we haven't done the inspection. 921 01:25:19,490 --> 01:25:25,490 Okay, and did you do any estimate like you did on the last one of what I did? 922 01:25:25,610 --> 01:25:31,870 It would be $170.50, however, if we were to put in the gas line, electrical outlets, 923 01:25:31,870 --> 01:25:36,330 as well as the two light fixtures, it still pulls us a 350 for everything. 924 01:25:38,050 --> 01:25:39,190 Okay, thank you. 925 01:25:41,120 --> 01:25:46,360 So now I'm going to invite the appellant to provide a presentation to the board. 926 01:25:46,360 --> 01:25:49,180 Again, this is a 15 minute time limit. 927 01:25:59,310 --> 01:26:01,390 Do we have a presentation from the appellant? 928 01:26:02,770 --> 01:26:07,450 I'm just looking through my notes, your honor. 929 01:26:13,120 --> 01:26:14,000 I'm 930 01:26:16,630 --> 01:26:24,690 looking at the April 5 2021 citation, the courtesy notice, 931 01:26:34,480 --> 01:26:43,260 just directed to the fixture or to the light that was replaced to the flood light. 932 01:26:44,120 --> 01:26:48,020 It appears, well, it's confusing. 933 01:26:50,620 --> 01:26:58,780 The April 20, 2021 final notice states required actions to correct the violation. 934 01:26:59,000 --> 01:27:04,700 Please obtain all required building payments for the newly installed exterior floodlights. 935 01:27:06,160 --> 01:27:10,680 It does not say fixture. It does not indicate that there is a problem with the fixture. 936 01:27:10,680 --> 01:27:21,420 is the position taken by the city currently that when it said floodlights, it meant fixture. 937 01:27:24,500 --> 01:27:28,180 That's just a question that I have. 938 01:27:30,420 --> 01:27:36,580 And isn't there an exception in the code for what is deemed a minor repair work? 939 01:27:39,120 --> 01:27:48,380 We can, or I can understand how the city would have a problem if this requires new wiring 940 01:27:48,380 --> 01:27:58,100 and a new intrusion into the exterior of the property with new wires and all of that wonderful stuff. 941 01:27:59,040 --> 01:28:08,320 But if someone just goes down to Home Depot and buys a replacement exterior light to replace a light that has already been 942 01:28:08,320 --> 01:28:15,980 there, and has already been permitted, and that is apparently identical to the structure that 943 01:28:15,980 --> 01:28:23,720 is in the home of this next door neighbor, wouldn't that just be minor repair work? 944 01:28:30,260 --> 01:28:32,600 Sounds nice, but unfortunately it isn't anymore. 945 01:28:33,320 --> 01:28:39,420 The energy code requires it to be controlled either by a photo cell, a motion sensor, 946 01:28:39,420 --> 01:28:45,100 or an automatic time switch or controlled by an astronomical time clock control for energy 947 01:28:45,100 --> 01:28:45,620 requirements. 948 01:28:46,520 --> 01:28:50,940 So at that point it has to be a fixture that's going to be approved by the California Energy 949 01:28:50,940 --> 01:28:54,680 Commission as well as falls in line with the California Energy Code. 950 01:28:55,480 --> 01:29:04,240 So if the structure is just powered by a switch that's illegal, I don't know if you say 951 01:29:04,240 --> 01:29:05,480 a legal, but it's not for code. 952 01:29:05,500 --> 01:29:07,460 In other words, you can't just turn them off and turn them on. 953 01:29:07,460 --> 01:29:14,120 If that should you have currently and you have a replacement, obviously that's legal, non-performing, it's fine. 954 01:29:14,740 --> 01:29:19,840 But if you change them out, then you need to comply with the new requirements and you obtain a permit. 955 01:29:20,220 --> 01:29:27,000 At the same time, we want to make sure that they're watertight fixtures and that there's all correctly. 956 01:29:28,000 --> 01:29:38,020 And did the city see anything to indicate that this exterior light is not just operated by a switch? 957 01:29:38,800 --> 01:29:38,900 No. 958 01:29:41,120 --> 01:29:44,560 So as far as the city knows it's operated by a switch. 959 01:29:46,820 --> 01:29:48,280 It could be operated by a switch. 960 01:29:48,380 --> 01:29:53,720 And if it's operated by a switch, and it's a new fixture, then obviously it would not make the requirements to the California Energy Coast. 961 01:29:58,350 --> 01:29:59,930 Because it either has to be done by a phone. 962 01:30:00,000 --> 01:30:11,780 So, or it has to be operated by a motion sensor, an automatic time switch, control, or by an astronomical time clock control. You can't override it to stand the opposition at all times. 963 01:30:13,600 --> 01:30:17,120 So, in other words, during daylight, it probably wouldn't work. 964 01:30:17,600 --> 01:30:21,560 Okay. Let's say I had a motion sensor to pick this up, I guess. 965 01:30:22,720 --> 01:30:32,460 So, or a home belt in 1978 before there were white sensors, things like that, which still 966 01:30:32,460 --> 01:30:38,800 operate their exterior lights by a switch, all of those homes are in violation of the electrical 967 01:30:38,800 --> 01:30:39,280 item. 968 01:30:39,740 --> 01:30:40,920 I said a bell. 969 01:30:40,940 --> 01:30:41,660 I said that. 970 01:30:42,020 --> 01:30:43,180 I was asking a question. 971 01:30:44,160 --> 01:30:48,620 So, in other words, if I had a home belt in 1978 and I had the original fixtures and there's 972 01:30:48,620 --> 01:30:51,540 nothing wrong with them, I'm more than welcome to continue. 973 01:30:51,540 --> 01:30:56,980 to use them and change out the bolts. Obviously, I couldn't change out an incandescent bulb now, 974 01:30:57,060 --> 01:31:00,860 I probably changed it to an LED. But if I took that picture off and said, you know what, 975 01:31:00,860 --> 01:31:04,960 I'm going to put something different and it puts something new. And at that point, I need to go to 976 01:31:04,960 --> 01:31:10,360 the city, county, wherever my jurisdiction is, to end the proper permit, go through the inspection process. 977 01:31:11,640 --> 01:31:19,400 And did you check to see whether the current light fixture that has been installed can be 978 01:31:19,400 --> 01:31:24,740 is operated by a motion sensor. No, I did not, because I did not go on the 979 01:31:24,740 --> 01:31:27,920 authority and I won't want this property. Okay, 980 01:31:30,590 --> 01:31:33,050 and if it was operated by a motion sensor 981 01:31:33,050 --> 01:31:39,970 with a, there'd be a problem with the installation, with the replacement. Most likely not, 982 01:31:40,030 --> 01:31:45,490 as long as the dual approved, it falls under the guidelines of the 2019 California Energy Code 983 01:31:45,490 --> 01:31:49,970 And it's water type. I don't see an issue with it. Okay. 984 01:31:53,400 --> 01:31:54,420 Any other questions? 985 01:31:56,700 --> 01:32:03,200 I'm sorry, Pichelle. I like Pichelle. Can we see Mrs. Bell? 986 01:32:04,280 --> 01:32:05,980 Yeah, some page four. 987 01:32:06,960 --> 01:32:08,040 I'm going to have a report. 988 01:32:08,280 --> 01:32:09,240 Can I show it to everyone? 989 01:32:09,780 --> 01:32:10,000 Sure. 990 01:32:10,220 --> 01:32:10,700 Yes, please. 991 01:32:11,760 --> 01:32:12,500 Thank you. 992 01:32:31,080 --> 01:32:31,560 Mr. Chairman. 993 01:32:31,560 --> 01:32:36,580 I've got the photograph photo A on my screen. 994 01:32:36,600 --> 01:32:39,880 I can share my screen with the group. 995 01:32:39,880 --> 01:32:41,960 If that's the pleasure of the board. 996 01:32:42,320 --> 01:32:43,320 It's just please. 997 01:32:45,160 --> 01:32:46,160 It sounds good. 998 01:32:56,650 --> 01:32:59,070 So is there something you wanted to point out Nazarene? 999 01:32:59,990 --> 01:33:00,290 Yes. 1000 01:33:00,870 --> 01:33:03,210 I was wondering is this solar? 1001 01:33:03,930 --> 01:33:07,870 Or is this a WhatsApp latch spot underneath? 1002 01:33:08,050 --> 01:33:09,090 Is this sensor? 1003 01:33:09,910 --> 01:33:11,130 I don't know. 1004 01:33:12,450 --> 01:33:24,630 Because I think similar to that, I'm looked like that's the type you put in on top of the brush and then you move, it's activated. 1005 01:33:26,450 --> 01:33:34,410 So maybe the question is for Mr. Cheryl, is this already has sensor or not? 1006 01:33:38,350 --> 01:33:49,770 It has a motion sensor, but that can be disabled or enabled by software, 1007 01:33:52,590 --> 01:33:55,250 so it's fully flexible. 1008 01:33:56,030 --> 01:34:04,550 program, it can be program to can turn off the sensor, turn it on, I mean it's fully flexible 1009 01:34:06,450 --> 01:34:12,150 and it's portable, it can take it out and put it somewhere else. It's very easy to install 1010 01:34:12,150 --> 01:34:14,310 it takes five minutes to install it. 1011 01:34:15,410 --> 01:34:20,970 I have a question on that. Is it just attached to the wall? There's no electrical light source 1012 01:34:20,970 --> 01:34:27,090 in the home, that it's just a solar panel, and there's no electrical connection at all from 1013 01:34:27,090 --> 01:34:30,570 the switch phone operated or anything like that, it's just stuck to the wall. 1014 01:34:31,430 --> 01:34:40,350 No, it's not, it's not a solar panel, it's connected to the three wires, because they're receptacle 1015 01:34:40,350 --> 01:34:41,810 at the wall. 1016 01:34:42,090 --> 01:34:43,390 It's not connected. 1017 01:34:44,030 --> 01:34:47,330 And the wire and that's going to put the screws in and go from the wall. 1018 01:34:47,330 --> 01:34:54,050 It's just a connector, you connect it, it's a connector, and you can snap it out, snap back in, oops, it's easy. 1019 01:34:54,790 --> 01:34:54,930 Yeah. 1020 01:34:55,190 --> 01:34:59,230 It's just how you can see any chance you are number. 1021 01:35:00,000 --> 01:35:12,320 Oh yes, it has all the UL number and all the certificates and everything. Can buy it from home depor, 1022 01:35:12,460 --> 01:35:18,420 cost codes, the full of them. Everybody installs it and I think I'm the only one who has to get a permit for it. 1023 01:35:19,020 --> 01:35:23,940 I mean, Mr. Sauer hasn't probably never issued any permit for anyone else. 1024 01:35:28,120 --> 01:35:32,300 Can you present all those new members that have taken through Mr. Stella? 1025 01:35:37,550 --> 01:35:41,310 Yes. Yes. I can. Absolutely. Yes. 1026 01:35:42,890 --> 01:35:50,030 If it wasn't approved, it wouldn't be sold in stores and buy it from any store. 1027 01:35:50,450 --> 01:35:55,790 No, you shouldn't buy things. It's not approved, but you have to show it. 1028 01:35:55,790 --> 01:36:01,710 But it has a, if you have an approval, yes, it has all the certificates, it's FCC, FCC certification, everything. 1029 01:36:05,330 --> 01:36:10,870 Okay, I believe we're still in the presentation from the appellate. 1030 01:36:14,930 --> 01:36:16,170 I believe you're on the administrative. 1031 01:36:22,520 --> 01:36:23,720 This is the joy. 1032 01:36:23,840 --> 01:36:24,180 Sorry. 1033 01:36:25,040 --> 01:36:26,720 It's always a virtual meeting. 1034 01:36:27,080 --> 01:36:29,580 It's one of the vagaries of Zoom meetings. 1035 01:36:29,680 --> 01:36:34,520 One of the things they don't teach you in Zoom school is that if you have a desktop camera 1036 01:36:34,520 --> 01:36:43,040 Cool. I put it in front of your camera. You put a coffee cup in front of your camera. It really impacts people's ability to see you 1037 01:36:43,460 --> 01:36:50,480 Now you don't teach it that either. I just want to know where you've got to go to zoom school. No, me. Yeah. Oh 1038 01:36:51,100 --> 01:36:54,360 Anyway, it's very judge with a spare your court 1039 01:36:56,240 --> 01:37:01,920 Zoom settlement conferences all the time, but I digress, but in one or five point two 1040 01:37:02,740 --> 01:37:03,680 under a electrical 1041 01:37:04,520 --> 01:37:11,660 point once as repairs and maintenance, minor repair work, including replacement of lamps or the 1042 01:37:11,660 --> 01:37:18,260 connection of approved portable electrical equipment to approve permanently installed receptacles, 1043 01:37:19,220 --> 01:37:26,140 is exempt from getting a permit. And that's exactly what this is. 1044 01:37:28,520 --> 01:37:32,590 And I am wondering why 1045 01:37:32,590 --> 01:37:40,810 What there is about this particular installation that does not make an example as minor repair work. 1046 01:37:43,050 --> 01:37:47,870 If all it is is the replacement of a fixture A with fixture B, 1047 01:37:51,140 --> 01:37:52,580 and fixture B is portable. 1048 01:37:53,820 --> 01:37:56,360 As Mr. Men, excuse me, 1049 01:37:56,980 --> 01:38:00,960 Manning Helm has testified it is. 1050 01:38:00,960 --> 01:38:08,880 For one, I don't think this is a life fixture is considered portable just because you're able to install it or uninstall it. 1051 01:38:09,260 --> 01:38:16,520 That would be applicable to any fixture at all. Obviously they're installed and uninstall. 1052 01:38:18,580 --> 01:38:19,260 Secondly, 1053 01:38:21,560 --> 01:38:24,340 this is obviously not a repair. It's a replacement. 1054 01:38:24,340 --> 01:38:33,620 repair would be of an existing fixer or appliance. This is a replacement, and as Mr. Sowers 1055 01:38:34,520 --> 01:38:43,680 explained, the permit requirement is in place so that there is an inspection to make sure that the 1056 01:38:43,680 --> 01:38:51,640 reconnection is done correctly that there is that it's you know airtight and so forth. So it's not 1057 01:38:51,640 --> 01:38:57,880 exposed to the elements. This is clearly not a minor repair or maintenance, it's a replacement. 1058 01:38:59,680 --> 01:39:09,080 In that provision, specifically called that, what is exempt by way of example, and that is a lamp and not a luminaire. 1059 01:39:09,420 --> 01:39:17,860 There's definitions in the code to distinguish the two. One is a light bulb, which is a lamp, which you can replace without a permit under 105. 1060 01:39:17,860 --> 01:39:25,880 to. The Luminear, which is defined as the fixture itself, is not exempt and therefore by virtue 1061 01:39:25,880 --> 01:39:31,920 of the fact that it was not specifically referenced where it could have, they referenced a lamp 1062 01:39:31,920 --> 01:39:37,680 and not a Luminear. It is clear that the replacement of a Luminear does require a permit. 1063 01:39:38,440 --> 01:39:44,960 Well, like most things in the lie, things are not always as clear as we would like them to be. 1064 01:39:44,960 --> 01:39:56,760 If maintenance of a unit could also include replacement, there is nothing in the statute that says it does not include replacement. 1065 01:40:00,000 --> 01:40:11,000 This is basically going to home depot getting a replacement unit and connecting it. 1066 01:40:13,780 --> 01:40:24,580 It's hard to see why the city would want to be burdened with permit requirements for something as minor as this. 1067 01:40:24,580 --> 01:40:36,940 If there were intrusions into the wall, if he was putting in a new light, where one had not existed before, that would certainly be understandable. 1068 01:40:40,460 --> 01:40:40,860 But, 1069 01:40:44,120 --> 01:40:52,960 I have not, you know, searched for the definition of luminaire since I don't know how to spell it, one of the other problems. 1070 01:40:54,660 --> 01:40:55,280 But 1071 01:41:01,900 --> 01:41:10,240 I will point out that in the same regulation, 105.1, as it's found in the residential 1072 01:41:10,240 --> 01:41:14,500 code, which is nearly identical to 105 in the California Building Code, both being 1073 01:41:14,500 --> 01:41:15,000 applicable. 1074 01:41:15,980 --> 01:41:23,520 Where are the, you know, the board wanted to, that adopted these, these regulations wanted 1075 01:41:23,520 --> 01:41:34,660 use replacements they did and in 105. In section 105 permits, excuse me section 105.2 of the 1076 01:41:34,660 --> 01:41:39,860 replacement of the residential code, which is identical, requiring a permit for electrical work, 1077 01:41:40,540 --> 01:41:48,840 you will see the word replacement as opposed to the word reuse, which indicates that they know the 1078 01:41:48,840 --> 01:41:55,920 difference between a replacement or a repair, and they use the appropriate word where they 1079 01:41:55,920 --> 01:41:58,020 think that. 1080 01:41:58,540 --> 01:42:05,340 If I might, this is the portion of the hearing, where the appellant, you know, I didn't 1081 01:42:05,340 --> 01:42:06,680 have the appellant to make a presentation. 1082 01:42:07,660 --> 01:42:13,080 I don't mean to stifle the questions by the board or by to the staff, but I do just want 1083 01:42:13,080 --> 01:42:17,860 to make sure that the appellant has an opportunity to make a presentation and then complete 1084 01:42:17,860 --> 01:42:24,580 that presentation and that it acknowledges that opportunity because we seem to be a little bit 1085 01:42:24,580 --> 01:42:28,860 just free flowing here and I just don't want to deny the appellant it's opportunity for 1086 01:42:28,860 --> 01:42:29,340 a presentation. 1087 01:42:30,420 --> 01:42:31,220 Thank you. 1088 01:42:31,660 --> 01:42:39,180 Our position is outlined pretty thoroughly in the appeal filed by Mr. 1089 01:42:42,520 --> 01:42:44,260 Manningolum and which 1090 01:42:44,260 --> 01:42:49,200 If I take it as a better job than most attorneys that I know, 1091 01:42:51,880 --> 01:42:52,160 that 1092 01:42:54,790 --> 01:43:01,570 this seems to qualify as an exemption under one of five point to you for minor repair work. 1093 01:43:04,590 --> 01:43:10,310 There's just not that much involved in this process. 1094 01:43:10,310 --> 01:43:19,470 And I think that the vast majority of the citizens of your Belinda, who are called upon 1095 01:43:19,470 --> 01:43:25,450 to want to replace an exterior light fixture, are not going to think they have to go 1096 01:43:25,450 --> 01:43:26,730 and get a building permit. 1097 01:43:30,570 --> 01:43:39,090 It just doesn't make no sense to get a building permit for something as minor, as unscrewing 1098 01:43:39,090 --> 01:43:47,170 fixture and screwing a replacement fixture in. If that does require a building permit and the failure 1099 01:43:47,170 --> 01:43:53,990 to do so results in the possibility of violations and fines, I think you probably have a lot of 1100 01:43:53,990 --> 01:43:59,150 people in the city who are subject unknowingly the violations and fines. 1101 01:44:01,510 --> 01:44:03,950 Because I would submit that 1102 01:44:05,090 --> 01:44:14,950 For anyone who's walked down a home depoliled in the lighting section, people are doing this all the time. 1103 01:44:16,590 --> 01:44:24,270 Without giving it a second thought or having any idea that it requires that something is minor as this requires a building permit. 1104 01:44:27,630 --> 01:44:29,350 Is that conclude your presentation? 1105 01:44:30,150 --> 01:44:30,410 Yes. 1106 01:44:31,210 --> 01:44:32,370 Alright, thank you very much. 1107 01:44:32,370 --> 01:44:36,750 Do any of the board members have questions for the appellate? 1108 01:44:37,010 --> 01:44:38,010 I do. 1109 01:44:39,010 --> 01:44:48,790 This is his response dated June 8, 2021, subject request for amending the present appeal timeline 1110 01:44:50,770 --> 01:44:59,930 14, 2021, built in the procedures of 2019 California Building Code Section A. 1111 01:45:02,220 --> 01:45:08,040 First of all, I want to commend you for researching the building code. That in itself is quite an accomplishment. 1112 01:45:10,680 --> 01:45:25,680 You go into detail about how the delighting question is installed to bless in five minutes to connect the connectors to the snap and snap unit into the wall back plate. 1113 01:45:25,680 --> 01:45:31,040 five-minute work is definitely a minor repair work. Therefore, even the city notices, 1114 01:45:31,760 --> 01:45:37,680 we're regarding the entire unit, pursuant to section A105.2. 1115 01:45:38,720 --> 01:45:41,820 Floodlight unit does not need a permit. Okay. 1116 01:45:43,560 --> 01:45:49,720 So the question I have for you is, is this certainly a problem? Did you do the repair work yourself? 1117 01:45:50,460 --> 01:45:55,000 Oh yes. And could you describe how you replace that to me please? 1118 01:45:55,000 --> 01:46:14,760 You took off the original six year that was there and what was beneath it beneath it is a bracket that holds the receptacle put the new receptacle in there and screw it and then you 1119 01:46:14,760 --> 01:46:30,780 I put the back plate there, and then you snap the, and you connect three wires with the connector, and you snap the slot like into the back plate. 1120 01:46:31,100 --> 01:46:31,780 That's it. 1121 01:46:31,800 --> 01:46:41,200 Regarding the connector, sir, how are the existing connectors inside the stud bay? You have a stucko finish on the wall, is that correct? 1122 01:46:41,200 --> 01:46:49,140 Yes. Okay. So, I just replaced the old one with the new one, and everything is there. 1123 01:46:49,780 --> 01:46:59,040 Okay. So, inside the hole of the exterior wall of the stucco between the stud base, you have conductors, wives. 1124 01:46:59,040 --> 01:47:08,720 How did you attach those wires the existing wires inside the wall to the new wires of your new fixture? 1125 01:47:09,380 --> 01:47:11,180 How did you combine those wires? 1126 01:47:12,080 --> 01:47:19,260 The three wires, and then they go to corresponding three wires on the floodlight. 1127 01:47:19,940 --> 01:47:24,560 And how did you connect those wires the existing wires and the new wires? 1128 01:47:24,700 --> 01:47:26,300 How did you connect those together? 1129 01:47:26,740 --> 01:47:28,400 What devices did you use? 1130 01:47:29,120 --> 01:47:35,200 Bubblegum, you welded them. How did you, how did you connect the existing wires with the new one? 1131 01:47:35,380 --> 01:47:45,460 Oh, we did. We did a wire wrap connector. Would that be a cone-shaped cap that you stuck the 1132 01:47:45,460 --> 01:47:51,140 wires into and twisted it onto? Is that what we're talking about here? Yes. So we use caps for 1133 01:47:51,140 --> 01:48:00,780 So you're existing wires inside the stud base were connected to the new wires of the fixture. 1134 01:48:01,780 --> 01:48:06,460 You bonded the wires together by slipping a cone shape cap over them and twisted it together. 1135 01:48:06,820 --> 01:48:07,760 Three of them, yes, correct? 1136 01:48:08,440 --> 01:48:08,840 Okay. 1137 01:48:10,600 --> 01:48:11,240 Thank you. 1138 01:48:14,180 --> 01:48:16,080 Well, you're really getting into it there, Jack. 1139 01:48:16,080 --> 01:48:19,820 So, any other board members have questions? 1140 01:48:23,980 --> 01:48:25,320 Nobody, okay? 1141 01:48:26,560 --> 01:48:28,140 So, thank you. 1142 01:48:28,520 --> 01:48:30,940 Does this nitty have any questions for the appellate? 1143 01:48:30,980 --> 01:48:35,180 And please note that there's a five minute time limit on questions. 1144 01:48:35,540 --> 01:48:39,020 Questions must be related to the compliance issue 1145 01:48:39,020 --> 01:48:41,280 and related code sections. 1146 01:48:41,900 --> 01:48:44,580 I may ask you to stop with those guidelines or not follow. 1147 01:48:46,040 --> 01:48:48,600 I have one thing to say, but it's more of a statement. 1148 01:48:48,760 --> 01:48:51,760 I'd like to ask Mr. Miller if I can make a quick statement. 1149 01:48:56,280 --> 01:48:59,990 Gask me, you need to ask me a question. 1150 01:49:00,930 --> 01:49:02,330 Then I will allow it. 1151 01:49:02,710 --> 01:49:05,670 Okay. Now, I say that I want to make is Mr. Mennig, 1152 01:49:05,670 --> 01:49:10,410 along indicated that we do not issue permits for exterior light, 1153 01:49:10,710 --> 01:49:12,870 as well as the attorney. 1154 01:49:13,410 --> 01:49:15,990 We do issue permits for exterior lighting. 1155 01:49:16,770 --> 01:49:19,230 We get a lot of rehab permits to come in. 1156 01:49:19,230 --> 01:49:23,070 and we also have a science that come in that show complete. 1157 01:49:24,510 --> 01:49:27,690 You know, light fixture done throughout the entire home, 1158 01:49:27,770 --> 01:49:29,950 which in turn are provided with the LTG forms. 1159 01:49:30,470 --> 01:49:31,850 They go through the plan check process. 1160 01:49:31,950 --> 01:49:35,210 If it's just a simple light fixtures that are going on the 1161 01:49:35,210 --> 01:49:37,790 extra of a home will normally attempt to do those over the counter 1162 01:49:37,790 --> 01:49:40,770 provide the correct fixtures as well as the information 1163 01:49:40,770 --> 01:49:42,610 to help the inspector alone. 1164 01:49:44,550 --> 01:49:46,210 A lot of them, you're absolutely correct. 1165 01:49:46,450 --> 01:49:48,070 We don't see everything that happens 1166 01:49:48,070 --> 01:49:51,650 with the instructors drive by and somebody is replacing the light pictures on the extra 1167 01:49:51,650 --> 01:49:56,170 home and physically see them doing it or they notice it's a new, they will issue a stop 1168 01:49:56,170 --> 01:49:56,490 opportunity. 1169 01:49:56,870 --> 01:49:59,390 And we do issue stop works, notice it's periodically for those items. 1170 01:50:00,110 --> 01:50:02,210 That's what I wanted to say. 1171 01:50:04,430 --> 01:50:13,770 All right. Thank you for that. Does the Board wish to entertain any additional testimony from the city staff or the appellate? Board members? 1172 01:50:18,230 --> 01:50:24,050 Maybe one, maybe one question, okay, but, and I don't know why I would address it, too. 1173 01:50:24,330 --> 01:50:27,650 Regarding precedent, there's an actual way. 1174 01:50:35,150 --> 01:50:38,470 Sometimes the actual way has issues with the type of lighting. 1175 01:50:38,730 --> 01:50:46,070 I'm just wondering if there are any other issues other than the physical connection that we're looking for permit for. 1176 01:50:46,070 --> 01:50:52,310 or not, we're not spilling over light into other people's property. We're not concerned about 1177 01:50:54,130 --> 01:51:03,230 any other violations. It's essentially a permit to connect this new device to the existing 1178 01:51:04,150 --> 01:51:07,830 conductors. That's what the permit is for, and I don't know if Mr. Brownlee wants to comment. 1179 01:51:08,030 --> 01:51:11,790 I don't know what that is. Lenses on the bottom there, I don't know if it's the photo cell. 1180 01:51:11,790 --> 01:51:15,510 I have no idea, but I know that Mr. Brantley commented on it. 1181 01:51:16,190 --> 01:51:17,770 Yes, I would like to Mr. Chair. 1182 01:51:19,030 --> 01:51:23,770 So the zoning regulations for the city also govern outdoor lighting. 1183 01:51:24,790 --> 01:51:28,050 And there are performance standards for outdoor lighting. 1184 01:51:28,650 --> 01:51:34,010 And absolutely there are sort of requirements for 1185 01:51:34,010 --> 01:51:41,170 for containing light within the boundaries of your own property, as well as ensuring that 1186 01:51:42,430 --> 01:51:51,510 the actual lighting source itself, the light bulb is downward directed and shielded 1187 01:51:51,510 --> 01:51:56,890 from a joining property so that you don't see the hotspot from a neighboring property 1188 01:51:57,650 --> 01:52:06,890 and and or from, you know, public rights of way, et cetera. So in this case, if you recall, the photo that I showed before, 1189 01:52:10,250 --> 01:52:21,590 there does appear to be some visibility of the actual bulb, the light source itself, and there is glare potential associated with that. 1190 01:52:21,590 --> 01:52:37,990 So the city did not include that reference in our violation notice, because the permit requirement 1191 01:52:37,990 --> 01:52:40,810 was really superior to that. 1192 01:52:41,570 --> 01:52:49,510 The normal course of action, what have involved the homeowner responding to the notice 1193 01:52:49,510 --> 01:52:52,050 the violation to come in and get a permit. 1194 01:52:52,670 --> 01:52:55,830 And as part of that process, it would be reviewed 1195 01:52:55,830 --> 01:52:57,790 and approved by the planning division. 1196 01:52:58,370 --> 01:53:00,850 The planning division at that time 1197 01:53:00,850 --> 01:53:06,310 would put certain conditions on the approval 1198 01:53:06,310 --> 01:53:11,450 that it comply with those zoning provisions 1199 01:53:12,030 --> 01:53:13,710 that I mentioned a moment ago, 1200 01:53:13,850 --> 01:53:18,970 regarding downward-directed fixtures that don't reveal 1201 01:53:18,970 --> 01:53:28,490 light source from offsite and eliminate glare potential and do not cause light bleeds onto a 1202 01:53:28,490 --> 01:53:34,830 joining properties. So that would be the zoning side of things, but it wouldn't become 1203 01:53:34,830 --> 01:53:48,950 relevant until they come in to obtain a permit unless we received a complaint about an already 1204 01:53:50,900 --> 01:53:59,380 Sometimes, in the case of new technologies, you know, we have, for example, security 1205 01:53:59,380 --> 01:54:04,840 lights, flood lights, sometimes these devices get out ahead of the codes, 1206 01:54:08,530 --> 01:54:09,090 and that's 1207 01:54:09,090 --> 01:54:19,530 what we have, reductions, ordinances, you know, fluid standards that can be adopted to 1208 01:54:19,530 --> 01:54:22,130 these kinds of circumstances. 1209 01:54:23,330 --> 01:54:28,450 I don't believe there would be an issue with that particular device, you know, meeting 1210 01:54:28,450 --> 01:54:34,190 in the California Electric Code or building energy standards. 1211 01:54:34,650 --> 01:54:37,510 It looks like a typical, of the shelf type of an item. 1212 01:54:39,610 --> 01:54:48,490 So it appears that, you know, maybe, I've got them on my house, I know people install these 1213 01:54:48,490 --> 01:54:51,730 things, homeowners and all these devices, 1214 01:54:54,070 --> 01:54:59,470 and it sounds like it might be a case of somebody 1215 01:55:00,000 --> 01:55:01,620 Having 1216 01:55:05,430 --> 01:55:16,270 been noticed that somebody changed this device, obviously we know that the homeowner was the one that did a great device. 1217 01:55:16,270 --> 01:55:45,350 And that's why my question regarding a president in the area is the city, the state is that they are requesting permits for this kind of device and believe they are the ones that would be responsible for issuing those permits and establishing the criteria in this particular case for that type of a fixture. 1218 01:55:47,130 --> 01:55:51,830 I read that correct, and that's your position as well. 1219 01:55:51,990 --> 01:55:54,010 I read this in my correct, Jim. 1220 01:55:55,750 --> 01:56:02,350 Well, it's not only us, it's the building code, as well as the energy code. 1221 01:56:03,210 --> 01:56:09,210 I mean, it's a very simple permitting process, it's relatively inexpensive permit, and we 1222 01:56:09,210 --> 01:56:13,470 do have people doing it quite often, or they're doing it completely rehab on their homes 1223 01:56:13,470 --> 01:56:17,920 we include the lighting pictures into the permit at that point in time as well. 1224 01:56:19,310 --> 01:56:20,730 You can ask a question of Mr. Sours? 1225 01:56:21,470 --> 01:56:22,050 Yes. 1226 01:56:23,030 --> 01:56:24,750 If Mr. Heinrich is that acceptable? 1227 01:56:25,410 --> 01:56:25,750 Yes. 1228 01:56:27,950 --> 01:56:37,650 Do you have people coming in only seeking a permit to replace a exterior light fixture with another 1229 01:56:37,650 --> 01:56:40,190 exterior light fixture and nothing else? 1230 01:56:41,230 --> 01:56:43,150 We have to do people come and do that. 1231 01:56:43,150 --> 01:56:47,590 a lot of them are extra light pictures not only on the home, but some of them actually have 1232 01:56:47,590 --> 01:56:51,790 extra light pictures that are attached to block walls and things. And they want to 1233 01:56:51,790 --> 01:56:56,150 replace them for something different. And at that point in time we go through the permitting 1234 01:56:56,150 --> 01:56:57,610 process as well. 1235 01:57:02,150 --> 01:57:07,670 Okay, does the board have any desire to entertain any additional 1236 01:57:07,670 --> 01:57:11,930 to have testimony from either of the available or the city staff. 1237 01:57:12,410 --> 01:57:12,850 Not only. 1238 01:57:13,150 --> 01:57:14,070 I have a question. 1239 01:57:14,610 --> 01:57:15,970 If you're hearing it, Nazarene. 1240 01:57:17,390 --> 01:57:20,510 First of all, as for a California code, 1241 01:57:20,990 --> 01:57:25,090 it's just a license and electrician. 1242 01:57:25,090 --> 01:57:27,110 They can replace it. 1243 01:57:27,850 --> 01:57:30,830 So, um, doing it by home home owner. 1244 01:57:31,370 --> 01:57:36,910 It may cause problem as one of my colleagues asking how they're doing stolen. 1245 01:57:36,910 --> 01:57:44,790 And that's the concern I think City has, and maybe regularly we don't check for one 1246 01:57:44,790 --> 01:57:50,510 life or two lives, but then you have complaints, then we go and check everything, 1247 01:58:04,830 --> 01:58:04,870 did 1248 01:58:04,870 --> 01:58:05,490 you do? 1249 01:58:10,900 --> 01:58:13,240 What are you, why are you resisting? 1250 01:58:15,060 --> 01:58:16,260 Everyone benefits it. 1251 01:58:36,750 --> 01:58:39,570 Is that directed to Mr. Manningolong? 1252 01:58:39,970 --> 01:58:40,110 Yes. 1253 01:58:40,450 --> 01:58:43,030 Okay, first he is an electrical engineer, 1254 01:58:45,370 --> 01:58:46,390 with that. 1255 01:59:01,980 --> 01:59:13,140 Well, I have a master's in an execon Engineering from California State University and I don't know what else you need. 1256 01:59:14,120 --> 01:59:15,340 I have to have that. 1257 01:59:16,260 --> 01:59:24,700 Even licensed electricians are still required to pull a permit for electrical work. 1258 01:59:26,100 --> 01:59:35,600 It's, I congratulate you on your education, I know that wasn't a cheap one, but yes, but that's a very minor work. 1259 01:59:36,340 --> 01:59:39,860 Right, you don't have to be an even in engineers to connect three wires. 1260 01:59:40,200 --> 01:59:41,300 Just three wires. 1261 01:59:41,940 --> 01:59:52,600 Right, the moment that you broke the surface of the, of the exterior wall and you went into the wall cavity that became an entirely different matter. 1262 01:59:52,600 --> 01:59:59,380 I'm not going inside the wall, but if the wires are out, yeah, once you attach to the 1263 02:00:00,000 --> 02:00:09,640 Doctors that are attached back to the main service panel. That's not simply plugging into a receptacle. Okay, that's far more. 1264 02:00:10,020 --> 02:00:16,040 So we thought was there already, but you didn't, you didn't talk about or describe a receptacle earlier. 1265 02:00:16,240 --> 02:00:24,940 Are you talking about a junction box? Is that what you went into attach your, it sounded like you were talking about a junction box and not a receptacle. 1266 02:00:24,940 --> 02:00:31,220 it's a definition of receptacle is very broad. I have it. It is a receptacle with three wires. 1267 02:00:34,370 --> 02:00:40,810 That's not a receptacle. I have a definition of a receptacle that you want to read it. 1268 02:00:41,070 --> 02:00:48,090 I have it right here. It's a 2019 California Electrical Code. This is an electrician's Bible. 1269 02:00:48,950 --> 02:00:55,010 Everything has to be done per this code. And the work that you described to me earlier 1270 02:00:55,010 --> 02:00:58,350 is just not fall under this definition. 1271 02:01:00,570 --> 02:01:03,190 Were you mistaken in the description you were giving me earlier? 1272 02:01:04,350 --> 02:01:07,970 No. The wires are out of the receptacle. 1273 02:01:08,630 --> 02:01:11,490 You just connect them three wires. It's very simple. 1274 02:01:11,750 --> 02:01:13,430 It takes 25 minutes. 1275 02:01:13,830 --> 02:01:15,590 You don't go inside the wall there. 1276 02:01:15,950 --> 02:01:17,610 So actually it's already there. 1277 02:01:17,990 --> 02:01:19,530 Just for what I'm correct here. 1278 02:01:19,750 --> 02:01:22,850 The description that you gave me earlier was accurate description. 1279 02:01:25,010 --> 02:01:25,570 Yes. 1280 02:01:25,570 --> 02:01:34,290 Okay. Thank you for that. Any other additional testimony from the City staff or a 1281 02:01:34,290 --> 02:01:36,150 pellet that the board would like to hear. 1282 02:01:40,020 --> 02:01:43,020 I'm not hearing any. I want to close the time 1283 02:01:43,020 --> 02:01:47,400 for testimony. There will be no more testimony except unless requested by the board. 1284 02:01:48,160 --> 02:01:53,040 We will now have an opportunity for public comment. Is there any member of the public 1285 02:01:53,040 --> 02:01:58,100 who wishes to speak on this item? Please note you will have three minute time limit on public 1286 02:01:58,100 --> 02:01:58,500 comment. 1287 02:02:03,830 --> 02:02:07,650 I don't hear any, so I will close the public comment portion of the hearing. 1288 02:02:08,470 --> 02:02:13,030 We will now discuss and deliberate at the end of the deliberation or at any time during 1289 02:02:13,030 --> 02:02:19,390 the deliberation, I will entertain our motion on this matter. The motion could be to either 1290 02:02:19,390 --> 02:02:26,450 deny the appeal and uphold the building official decision or it could be to modify or reverse 1291 02:02:26,450 --> 02:02:32,090 the building official decision. A determination to modify or reverse the building official 1292 02:02:32,090 --> 02:02:39,670 decision must be by a two-thirds vote of the board's membership, in other words, at least four votes, 1293 02:02:40,390 --> 02:02:49,070 our determination or our determination should be by resolution. There is a draft resolution, 1294 02:02:49,810 --> 02:02:56,110 I keep saying, anyway, there's a draft resolution in the agenda packet, but we can't modify 1295 02:02:56,110 --> 02:03:04,490 that resolution as we see fit, including by voice vote, with the drafting of a resolution 1296 02:03:04,490 --> 02:03:11,950 a crane after the meeting. So is there deliberation or I will entertain a motion? 1297 02:03:12,530 --> 02:03:20,410 Motion to deny the appeal, just in part two, in total part due to the type of repair that 1298 02:03:20,410 --> 02:03:26,490 done. Do I hear a second? I come to motion. 1299 02:03:28,860 --> 02:03:30,720 Any further deliberation? 1300 02:03:37,150 --> 02:03:37,770 All right. I would 1301 02:03:37,770 --> 02:03:42,290 like to call Arlene for the vote. 1302 02:03:55,300 --> 02:03:55,500 Yes. 1303 02:03:58,100 --> 02:03:58,620 Yes. 1304 02:04:00,300 --> 02:04:00,820 Yes. 1305 02:04:01,600 --> 02:04:01,720 Yes. 1306 02:04:01,720 --> 02:04:02,420 Goal over. 1307 02:04:02,940 --> 02:04:03,140 Yes. 1308 02:04:03,920 --> 02:04:04,500 My car line. 1309 02:04:05,300 --> 02:04:05,460 Yes. 1310 02:04:06,100 --> 02:04:06,380 Motion. 1311 02:04:06,580 --> 02:04:07,080 You're using that. 1312 02:04:08,860 --> 02:04:12,640 So thank you having voted on both matters for for us. 1313 02:04:12,940 --> 02:04:14,820 I will now close this hearing. 1314 02:04:17,940 --> 02:04:21,840 So Steven, is there anything that we need to do after that? 1315 02:04:22,780 --> 02:04:24,980 Well, where's, you know, we're back on the agenda. 1316 02:04:27,350 --> 02:04:29,630 I'm on the agenda for correspondence received. 1317 02:04:29,630 --> 02:04:32,710 I don't know if there is any, and then adjournment. 1318 02:04:36,410 --> 02:04:38,990 I don't remember any correspondence received. 1319 02:04:39,770 --> 02:04:42,490 Mr. Chair, the only correspondence received was already 1320 02:04:42,490 --> 02:04:48,330 forward to the board as amounts to the additional correspondence 1321 02:04:48,330 --> 02:04:54,590 from the Appalachian Attorney, which we discussed throughout the hearing 1322 02:04:54,590 --> 02:05:00,010 from time to time today, dated June 21, 2021 from the rate law firm. 1323 02:05:03,590 --> 02:05:15,510 And the normal packet that was delivered from staff, certainly, which went out to you as well, other than that, no further correspondence was received. 1324 02:05:16,790 --> 02:05:25,550 All right, thank you. So next agenda item is adjournment. So do we need a vote on adjournment? 1325 02:05:27,580 --> 02:05:31,500 You do not, although you are welcome to, if you would enjoy that. 1326 02:05:33,260 --> 02:05:37,720 Yeah, boy, we didn't do a voting for adjournment. Everybody in favor of adjournment. 1327 02:05:38,120 --> 02:05:56,140 Hi, hi. Mr. Chair, and I would just like to thank you and the board, as well as all of the parties to this matter for conducting yourselves in a very professional manner. 1328 02:05:56,140 --> 02:06:22,640 and for adjudicating this in a fair straight forward manner and hopefully we can all work together to resolve the issues with the appellant and efficient and thoughtful manner and appreciate everyone taking the time today to help work through this. 1329 02:06:23,820 --> 02:06:32,820 I would say the same thing and it would be my hope that the two praise would work this out and get this 1330 02:06:32,820 --> 02:06:38,120 behind them and maybe we'll meet on the streets someday and I'll smile at each other. 1331 02:06:39,930 --> 02:06:40,150 Thank you.