Building and Fire Board of Appeals Regular Called Meeting June 23, 2021 Building and Fire Board to be held June 23, 2021 at 1:30 PM with Social Distancing Modifications in a Regular Called Meeting Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance (June 22 by noon). All public comment will occur at the beginning of the meeting. To speak remotely at the Building and Fire Board Meeting, residents must: •Call or email the board liaison at 512-550-5836 or at rick.arzola@austintexas.gov no later than noon, (the day before the meeting). The information required is the speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, and a telephone number or email address. •Once a request to speak has been called in or emailed to the board liaison, residents will receive either an email or phone call providing the telephone number to call on the day of the scheduled meeting. •Speakers must call in at least 15 minutes prior to meeting start in order to speak, late callers will not be accepted and will not be able to speak. •Speakers will be placed in a queue until their time to speak. •Handouts or other information may be emailed to rick.arzola@austintexas.gov by Noon the day before the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. •If this meeting is broadcast live, residents may watch the meeting here: http://www.austintexas.gov/page/watch- atxn-live Junta de Apelaciones de Edificios y Bomberos Reunión ordinaria 23 de Juno de 2021 El edificio y la junta contra incendios se llevará a cabo el 23 de juno de 2021 a la 1:30 p.m. con modificaciones de distanciamiento social en una reunión ordinaria. Se permitirán comentarios públicos por teléfono; no se permitirá ninguna entrada en persona. Todos los oradores deben registrarse con anticipación (22 de juno al mediodía). Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunión del edificio y la junta de bomberos, los residentes deben: • Llame o envíe un correo electrónico al enlace de la junta al 512-550-5836 o al rick.arzola@austintexas.gov a más tardar al mediodía (el día antes de la reunión). La información requerida es el nombre del orador, los números de artículo sobre los que desean hablar, si están a favor / en contra / …
Item #2: Resolution, On Creating additional safety requirements for dangerous fence design WHEREAS, the Austin City Council adopted section 9-4-41 Restriction on use of barbed wire fence in 1992 (source:1992 code section 10-1-9;ord. 031023-13; ord. 031211-11) recognizing the dangers of such fence, other fence designs have been identified as equally dangerous to also include loss of life; and WHEREAS, it is recognized that other existing fence requirements are intended to isolate a hazard such as 25-2-899 (E) (2) and the swimming pool code with no consideration for the potential dangers of the fence itself; and WHEREAS, the primary concern being entrapment and impalement of children who by nature are climbers, citizens performing roof and gutter maintenance, and animals that jump over fences; and WHEREAS, neighborhood councils across the U.S have recognized the dangers and cost of spiked pickets, spiked bars and other spiked decorative elements that protrude above the top horizontal bar of a fence. People, pets, and wildlife have been killed or seriously injured; and WHEREAS, affordability is a high priority for the Austin community; and WHEREAS, alternative styles of flat top fences are already manufactured and available to purchase at equivalent cost; and WHEREAS, according to Chapter 2-1-3 of the city code, it is the duty of the Board to “Advise the city council regarding appropriate City Code amendments that create a safe environment for all citizens in the City of Austin.” NOW, THEREFORE, BE IT RESOLVED BY THE BUILDING AND FIRE CODE BOARD OF APPEALS: The Board of Appeals recommends the Austin City Council direct the City Manager to initiate a code amendment process, with full stakeholder involvement, to consider an amendment to 25- 12 Technical Codes for the City of Austin to address dangerous fence design including spiked pickets, spiked bars and other spiked decorative elements that protrude above the top horizontal bar of a fence; and BE IT FURTHER RESOLVED: Life cycle costs should be taken into consideration, utilizing data from all reputable sources; and BE IT FURTHER RESOLVED: The code amendment should not apply to fences over 6 ft. in height and should apply to new fences and should consider applying the code amendment to substantial fence repairs.
Flat Top Fence Resolution Building and Fire Code Board of Appeals Meeting - 6/23/2021 Kade Damien Kade passed We can honor Kade By passing this resolution one month shy of his third birthday when his head became trapped between two bars on an iron fence. and prevent other kids, animals, and adults from becoming harmed. we can encourage council to start the code amendment process to help ensure safe fencing for everyone. What is this resolution doing? 01 02 03 Asking Council Stakeholders Actual Code Language to start a code amendment process would be involved in the code amendment process would be finalized later Flat-top fences are available: 01 At equivalent cost 03 Without the safety risk 02 With security features 04 Today Flat top fences don't cost additional money compared to decorative fencing. Picketed and spiked fencing is often decorative to begin with; security can still exist with a flat top. Impalement and entrapment risks are diminished when spikes are removed and slats are appropriately spaced. These fences are already on the market. DIY Examples Daycare DIY Shopping Center Before (top) and after (bottom) Before (left) and after (right) This would not apply to: Existing fences Fences over 6 feet Only new fences, or possibly fences that are being repaired Only fences six feet and under, with the goal to cover fences most at risk of harming children and animals Questions?
BOARD/COMMISSION RECOMMENDATIONS BOARD / COMMISSION RECOMMENDATION Building and Fire Code Board of Appeals Recommendation Number: (20210623-2) Safety requirements for dangerous fence design WHEREAS, the Austin City Council adopted section 9-4-41 Restriction on use of barbed wire fence in 1992 (Source: 1992 code section 10-1-9: ord. 031023-13; ord. 031211-11) recognizing the dangers of such fence, other fence designs have been identified as equally dangerous to also include loss of life; and WHEREAS, it is recognized that other existing fence requirements are intended to isolate a hazard such as 25-2-899 (E) (2) and the swimming pool code with no consideration for the potential dangers of the fence itself; and WHEREAS, the primary concern being entrapment and impalement of children who by nature are climbers, citizens performing roof and gutter maintenance, and animals that jump over fences; and WHEREAS, neighborhood councils across the U.S have recognized the dangers and cost of spiked pickets, spiked bars and other spiked decorative elements and protrude above the top horizontal bar of a fence. People, pets and wildlife have been killed or seriously injured; and WHEREAS, affordability is a high priority for the Austin Community; and WHEREAS, alternative styles of flat top fences are already manufactured and available to purchase at equivalent cost; and WHEREAS, according to Chapter 2-1-3 of the city code, it is the duty of the Board to “Advise the City Council regarding appropriate City Council amendments that create a safe environment for all citizens in the City of Austin.” NOW, THEREFORE, BE IT RESOLVED BY THE BUILDING AND FIRE CODE BOARD OF APPEALS: The Board recommends the Austin City Council direct the City Manager to initiate a code amendment process, with full stakeholder involvement, to consider an amendment to 25-12 Technical Codes for the City of Austin to address dangerous fence design including spiked pickets, spiked bars and other spiked decorative elements that protrude above the top horizontal bar of a fence; and BE IT FURTHER RESOLVED: Life cycle costs should be taken in consideration, utilizing data from all reputable sources; and BE IT FURTHER RESOLVED: The Board recommends that the code amendments apply to fences six feet or less, new fences and substantial fence repairs. Note: After several meetings discussing this subject, with input from interested parties, staff and Board members, the Board noted this issue does not appear to be adequately addressed by current codes and ordinances. Date of Approval: 6/23/2021 …
Building and Fire Code Board of Appeals Board Meeting Approved Minutes The Building and Fire Code Board of Appeals met in a Regular Called Meeting on June 23, 2021 via Web Ex Video Conference Board Member, Schumann called the meeting to order at 1:43 p.m. Board Members in Attendance: Ashley Juraska, Tim Arndt, Alan Schumann, Ben Abzug, Aubrey Brasfield and Ron Buys Board Members Not in Attendance: Marco Fiorilo and Bobby Johns Staff in Attendance: Rick Arzola (DSD), Eric Zimmerman (DSD), Tony Hernandez (DSD), Kelly Stilwell (DSD), Todd Wilcox (DSD) June 23 2021 1. APPROVAL OF MINUTES: The minutes from the May 23, 2021 Regular Called meeting were approved as written. Board member Juraska made a motion to accept the minutes as written and board member Arndt second the motion with modifications. The modifications were corrected as requested and are now reflective on the May 26 approved minutes. Motion passed 6-0. 2. DISCUSSION AND ACTION FOR RECOMMENDATION FOR RESOLUTION –Flat Top Fences- In a brief presentation, board member Ashley Juraska addressed the board and staff on the work group’s discussion of Flat Top Fences. In hopes of this resolution passing today, it will begin the process of code amendment process, stakeholder meetings and develop a code language. Today, flat top fences are available at an affordable price with security features, such as being flat top and diminished impalement and entrapment features. This would not apply to existing fences and fences over 6ft. All were reminded that this proposed resolution was an inspiration on the death of Kade Damien and with hopes of passing this resolution, council would be ensure safe fencing for everyone. After the presentation ended, discussion between board and staff on the correct procedure on how to path the resolution onto council agenda for approval. After this discussion ended, board member Juraska made a motion to recommend the resolution, Chairman Schumann seconded the motion. Motion pass 6-0 3. FUTURE AGEND ITEMS- No Future Agenda Items were discussed. 4. ADJOURN – Without objection, Chairman Schumann adjourned the meeting at 2:22 pm.
