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81-6553R~~ 1 80 BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: RESOLUTION N0. 6553- RESOLUTI-0N CONFIRMING ORDER OF ASSISTANT FIRE.CHIEF- I. The City Council makes the following FINDINGS OF FACT: 1. 7727 Wentworth Avenue South is owned by Richard Cheng .and is occupied and used as aroomng house.. 2. The structure located upon such premises is comprised of a basement,. first floor, and second floor. 3. Normally 7 or 8 roomers reside in: sleeping rooms which are located. in the basement and on the second floor.. 4. Beginning in 1980, the State of Minnesota contracted-with the City of Richfield to make certain inspections of room- ing hou es located. within the City of Richfield. The. contracted inspections included fire inspections to deter- . mine compliance with the Mi.nnesota.Uniform Fire Code which had recently been adopted by ordinance. by the Ci y of Richfield. 5. On September 9, 1980, representatives of the Fire Division of the Richfield Department. of Public Safety. inspected the premises located at 7727 Wentworth Avenue South. 6. Following that inspection, on October 14, 19.80, .the owner was. given written orders to make corrections to the prem- ises. The orders were based upon the Uniform Fire Code and other state laws. A copy of that communication is attached herewith as Exhibit A as though fully set out at this point. The communication. further afforded the owner an opportunity. to appeal this order to the Board of I?ealth and Fire Appeals (City Council). 7. Evidence was presented by Thomas A. Morgan, Jr., Director of Public Safety; Patrick Coughlin, Assistant Fire Chief; Richard Cheng and others wishing to testify. The specific items. of evidence will, to the extent relevant, be dealt with in Part II below. II. The Council makes the following CONCLUSIONS OF LAW based upon the evidence presented: 1. The. individual .sleeping rooms do not have approved smoke- detectors as required by law. 2. Thatindividualareas throughout the building are not interconnected with any alarm system which will permit sufficient advance warning of fire.. 3. The sleeping room d©ors are not e u q pped with an'approved closure device as required by law. 4. The sleeping room doors do not have a fire resistance rating of at least ~0 minutes as required by law. 5. Each sleeping room is not separated from other rooms by walls and ceilings having~Ia one hour fire resistance rating as is required by law. 6. The door between the first floor and second floor stairs does- not swing .into the first floor as is required by law; and is not at least 20 minutes fire rated as is required by law. 7. The basement sleeping rooms do not each: have two approved means of exit~as required by -.law. 8. The furnace is not sl'leparated from the rest of the premises b one-hour fire rated ,walls and a door having a 20 'minute rating asare required by law. 9. The rurniace and attic area do not have heat detectors which. are required by law,,'nor are such heat detectors intercon- nected with any alarm system which will permit sufficient advance warning of fire. P -III. Based. u on the foregoing, the Council makes the.-following ORDER: _1. The orders of the Assistant Fire'Chief contained in his letter of October 14, 1980, to Richard Cheng are hereby in all respects affirmed, - 2. The imposition of this order is hereby stayed for a period of one hundred ten (110)!. days to permit the owner an o to present to this. Council an acce table PPortunity P program calling for complete and full compliance within a period-not to exceed two- -years of this order.' Such program shall first be presented to the Assistant Fire Chief within one hundred (100) days of the date o,f this order for his review and recommendation to this Council. 3. In the event no progrjam for compliance is submitted, or no program having been slubmitted is found. to be acceptable, then from, and after the one hundred ten (110) days following the date of this. order, the owner of the premises located at 7727 Wentworth Avenue South shall discontinue all uses of said premises requiring such compliance. Passed by the City Council of the City of Richfield, Minnesota, t is 28th. day of December, 1981. ', .. tl Donald J. Priebe Mayor ATTEST: Sylvia K. Bergh City Clerk