Yesterday an appeal hearing took place at City Hall during the city council meeting. Mr. Terry Bernal the President of James Place Property Owners Association didn’t show up at the appeal hearing. Fire Chief Dobson and a member of the fire marshal office shown up and was sworn under oath in order to testify. The issue of the 14-foot wide access gate restricting the access at 1310 East James Street didn’t meet the provisions of the Fire Code.
The problem started when the property owner didn’t have a permit on file with the City for the access gate, when the property owner, called the fire marshal office, to request a Knox lockbox to be installed on at the gate control. Each engine for the City of Baytown is 8-foot width excluding the mirrors. With the mirrors, Engine 4 width is roughly, 10 1/2 foot. Each engine has almost the same chastity.Mr. Bernal said; “the request for private property owners to demo a newly constructed rod iron gate system is totally unreasonable. The cost to install a new access gate would be $32,000.00. To demo this new gate and have a wider gate system installed would cost an additional $20,000.00. And we absolutely do not have the funds.” He added, “JPPOA is private property, 100% owned and maintained by its residents. The gate is located 100 feet inside of our property line on our private driveway. There is an additional 24-feet by 120-feet driveway in front of the property outside of the access gate but inside of our fence line which is reserved for emergency use, staging, parking, and delivery vehicles if needed. The fire trucks are typically staged in the street in front of the scene and do not enter the property at all.” And lastly added; “we feel that the provisions of the Fire Code quoted do not apply to us because the property is not a commercial or industrial development. It is not a school nor is it a city property with public access of any kind. There are no public access concerns nor city maintenance concerns. It is a privately owned townhome complex which is totally maintained by the 18-tax paying residence who lives here.”
Station #4 south access gate is only 12-feet wide and the east gate is only 18-feet wide. Mr. Bernal said; “we decided on the 14-foot width with the contractor by measuring the doors on our local firehouse. So each truck would have a 3-feet of clearance on either side when entering or exiting our gate.” Fire Chief Dobson did say; “we’re able to get the engine inside of James Place and park it on the left of the driveway to conduct fire operations. There is one privately-owned fire hydrant towards the back of the property. We were worried about the public safety concerns and the access and maneuver fire apparatus’s while responding to actual emergencies.” The City Council did consider the Fire Chief, however, allowing the property owner to make modifications to the access gate to fit the 24 feet fire code. The first responding fire apparatus would be from Station #4.
Prior to August 29, 2018:
The James Place Property Owners Association hired a fence company (turnkey), to build a rod iron fence and automated gate. No permit was obtained and the resulting fence did not comply with the Fire Code.
The City became aware of this when the Fire Marshal’s Office received a request to install a Knox lock on a gate control at 1310 East James.
Fire Marshal’s Office approved a modification to the provisions of the Fire Code that would allow a reduction in the opening from 24 feet to 20 feet.
August 29, 2018:
The James Place Property Owners Association appealed the decision to the Fire Chief
September 27, 2018:
Due to safety concerns and the access needs of emergency vehicles, the Fire Chief denied the appeal to allow a 14-foot opening instead of the 20-foot opening as modified by the Fire Marshal’s Office.
Week of October 1, 2018:
Samson Artis contacted Chief Dobson requesting a meeting
Week of October 8, 2018:
Samson Artis met with Chief Dobson at the Fire Department
October 23, 2018:
Chief Dobson met Mr. Artis at 1310 East James
October 26, 2018:
Chief Dobson contacted Mr. Artis by phone to confirm the decision to the appeal
November 6, 2018:
The City received an appeal of the Fire Chief’s decision.
December 13, 2018:
Appeal Hearing and Consideration
The first responding would be the units from Station 4
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