Loading...
HomeMy WebLinkAbout04.26.10 EDA Packet AGENDA ECONOMIC DEVELOPMENT AUTHORITY April 26, 2010 - 5:00 pm City Council Chambers, City Hall Authoriiv Members Chair, Chrisiy Jo Fogariy Terry Donnelly 1. Call Meeting to Order 2. Pledge of Allegiance 3. Approve Agenda 4. Citizens Comments/Presentations Vice-Chair, Steve Wilson Mayor Todd Larson Julie May 5. Consent Agenda (see attached) a. Meeting Minutes: 3/22/2010 b. Bills: c. Budget Details: February & March 2010 Ciiv Staff Reoresentatives Executive Director, Peter Herlofsky Ciiy Administrator 6. Public Hearings (None) 7. Continued Business Tina Hansmeier Economic Development Specialist 8. New Business a. Assignment and Assumption Agreement: Vinge Properties, LLC Cindy Muller Executive Assistant 9. City Staff Reports/Open Forum/Discussion a. Economic Updafe/ Volume 32 b. Major Economic Development Activities - April 10. Adjourn 430 Third Street Farmington, MN 55024 Phone: 651.280.6800 http://www.ci.farminaton.mn.us The Farmington EDA 's mission is to improve the economic vitality of the city of Farmington and to enhance the overall quality of life by creating partnerships, fostering employment opportunities, promoting workforce housing and by expanding the tax base through development and redevelopment. J:'JJRA-FDA\BOARD Al,El'DAS\20] () Board Agendas'()-!2()] OJl426J 0 ag,'.:nu:Ldoc 50-- MINUTES ECONOMIC DEVELOPMENT AUTHORITY Regular Meeting March 22, 2010 1. CALL TO ORDER The meeting was called to order by Chair Fogarty at 6:30 p.m. Members Present: Fogarty, Donnelly, Larson, May, Wilson (arrived 6:42 p.m.) Members Absent: None Also Present: Peter Herlofsky, City Administrator; Tina Hansmeier, Economic Development Specialist; Cynthia Muller, Executive Assistant 2. PLEDGE OF ALLEGIANCE 3. APPROVEAGENDA MOTION by Larson, second by Donnelly to approve the Agenda. APIF, MOTION CARRIED. 4. CITIZENCOMMENTSIPRESENTATIONS 5. CONSENT AGENDA MOTION by Larson, second by Donnelly to approve the Consent Agenda as follows: a. Meeting Minutes 2/22/10 b. Bills 2/19/10 to 3/19/1 0 c. Budget Details January 2010 d. Request to use McVicker and Riste Properties e. Farmers' Market Lease APIF, MOTION CARRIED. 6. PUBLIC HEARINGS 7. CONTINUED BUSINESS a. 305 3rd Street Update 1. Lease Termination The current tenants have terminated the lease and will move out mid- April. 11. Roof Repair Staff is recommending All Systems Roofing do a roof replacement for $13,100. A repair would be an overlay so it would fix the leaks. Chair Fogarty noted if we sell the building we do have to disclose the roof was leaking and it has been repaired. The realtor has advised fixing the roof prior to selling it. Member May suggested going with option 3 to repair the roof for $4,012. We don't know if whoever buys the building would EDA Minutes (Regular) March 22, 2010 Page 2 tear it down. This quote was from Ludwig Roof Systems. He indicated it would need to be replaced after one year. Chair Fogarty stated option 2 is a repair overlay for $7,900 and option 1 is a complete replacement of the roof. MOTION by Larson, second by May to approve option 2, repair recommendation by All Systems Roofing for $7,900. APIF, MOTION CARRIED. 111. Authorize Sale of Building The recommended list price is $129,000. The commission is 6%, no less than $5,160. This gives the EDA the flexibility to sell the property at a reduced price by considering a Business Subsidy. Chair Fogarty was concerned with the list price being less than the county's value. She did not want to have to pay for an appraisal. (Member Wilson arrived). Member May asked if the realtor provided a comp analysis for the $129,000. She wanted to make sure it was listed for what we could sell it. If the list price is too high, then we have to look at a different minimum price. Staff will distribute the realtor's market analysis to the EDA. MOTION by Wilson, second by Larson to approve listing the property with Keller Williams Realty. APIF, MOTION CARRIED. b. AK Performance Graphics Update The owner's loan has been approved with the First State Bank of Rosemount contingent upon the EDA subordinating its mortgage interest to the bank as first mortgage. It is not uncommon for an EDA to be second on the mortgage where the first mortgage is used to fulfill the requirements of the development contract. The EDA's interest would still be retained in the Promissory Note as well as the right of reversion included in the contract and the deed. The documents will be brought to the EDA at the next meeting. Member May noted there is risk, although it is common and he could not get the financing if we do not subordinate. Ifhe does get the loan, doesn't make the repairs, and walks, now we have a building that has a lien with the bank. He was denied with his first financing. Her concern is that we are not dealing with a strong borrower. Staff understood that the bank would be required to fulfill the development contract. The City Attorney will be available at the next meeting. Member Wilson stated we are going to sell a building and if his financing falls through, then a building that used to be ours, we now have to deal with a bank. Staff explained the promissory note is in lieu of the letter of credit. c. Realtor Listing Agreements Staff presented realtor listing agreements for the McVicker lot for a sale price of $39,500 and the Riste lot for a sale price of$17,900. MOTION by Wilson, EOA Minutes (Regular) March 22, 2010 Page 3 second by Donnelly to approve the listing agreements with Keller Williams Realty. APIF, MOTION CARRIED. 8. NEW BUSINESS 9. CITY STAFF REPORTS a. Economic Update, Volume 31 This will now be delivered as an insert in both local newspapers. Member May would like to see more focus on businesses, but we are also not here to do marketing for the businesses. She would like to see things such as business anniversaries and ribbon cuttings. Staff should stay in tune with the Downtown Business Association and what they have going on. b. Strategic Planning Session This is planned for April 12, 2010, at 6:30 p.m. 10. ADJOURN MOTION by Wilson, second by Larson to adjourn at 7:03 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~~Jr7~ c7 Cynthia Muller Executive Assistant 5h o ~ .... .., ~ o .... o ~ I CD '" III n. ~IO 0 0 0 0 0 0 0 0 0 .., .., ~ II) r-- ~ 0 V 0 0 CO CO N ::J C! 0 0 0 C! 0 0 0 0 0 "! "! '" 0 II) Ol 0 0 '" '" Ol o 0 ci ci ci II) on ci ci N N .... .... cO <Xi on cD ~ ~ ci ci <Xi <Xi ! ~ ~ 0 ~ CO ~ ~ .., .., .., .., CO CO .... N Ol ;:: 0 0 .., .., Ol .... .., .., '" .., .., r-: N N ~ en '" W z ! (.l l- I- 0 :> w w w ~ (.l Z Z W 1:: 0 0:: (.l W (.l w en z ~ .... w :> z ::;; z ::;; (.l z 8- 0 ~ 0 en 0:: ~ W ~ w ::::i w CD I- ~ 0:: W en en In n. 0:: Cl E II) en en Cl en Cl :J ~ ~ ~ (jj 0:: (jj 0:: n. z ::J 0:: :J Z :J Z :E en w ~ In In i= In In i= en Cl 0:: .>< 0:: :J ::;; Z :J ::;; Z W z it lil w en jjj ii: en jjj ii: (.l :E I- i= .c ~ Z 0:: .., 0:: n. .., 0:: D.. U. (.l W Cl Cl w Cl W 0 ::;; (.l 0 W W Z ~ ii: 0 '0 ~ ::;; Z Z Cl C Z Cl C ~ c il~ 15 ..J Z i1i ~ z i1i ~ ..J Cl I- ::J ~ ~ (.l 0 ~ ..J ~ ~ 0 w U :5 ..J ..J (.l .., .D 0 w :E :J :E :J W 0:: ..J o W In ..J I- 0 I- 0 ..J n. W l- I- l- I- l- I- l- I- l- I- l- I- Z Z Z Z Z Z Z Z Z Z Z Z W W W W W W W W W W W W ::;; ::;; ::;; ::;; ::;; ::;; ::;; ::;; ::;; ::;; ::;; ::;; n. n. n. n. n. n. n. n. n. n. n. n. 0 0 0 0 0 0 0 0 0 0 0 0 ..J ..J ..J ..J ..J ..J ..J ..J ..J ..J ..J ..J W W W W W W W W W W W W Cii Cii Cii Cii Cii Cii Cii Cii Cii Cii Cii Cii c c c 0 c c c c 0 c c c (.l (.l (.l (.l (.l (.l (.l (.l (.l (.l (.l (.l :t:: :E :E :E :E :E :E :E :E :E :E :E ~ c 0 0 0 0 0 0 o 0 o 0 0 0 :J Z Z Z Z Z Z Z Z Z Z Z z m 0 0 0 0 0 0 o 0 o 0 0 0 (.l (.l (.l (.l (.l (.l (.l (.l (.l (.l (.l (.l w w w w w w w w w w w w c ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ';;; ::J In :c :c :c :c :c :c :c :c :c :c :c :c n. :J 0 (.l 0:: (.l ~ Cl ..J ~ en ..J Cl W 0:: en Z (.l W (.l n. w 0 u:: z :> ~ ..: i= 0 0 Cl 0 0:: ~ .., ~ w en ~ 0:: N 0 Z W Cl 0:: 15 :J en 0:: n. 0 z 0:: W i= z 0 ~ ..J en ..J w ;:i :c ::;; :5 :.:: ci ~ 0:: In en n. 0:: ::;; W In ..J ::;; ::::i ::::i w W :J I- ..J In jjj 1= ~ en ..J w w en :J 0 z ~I~ w In ::;; ::;; I- W W .g en :c n. 0 (; n. en 0:: :.:: ..J (.l (.l ::;; 0:: 0:: ::;; Z W (.l W II) C ..J en ~ II) CD ..J t3 t3 ~ (.l ~ ..: (.l 0:: > ..: ai w 0:: en )( i ~1 a: ~ ~ .,. j l ! ~i i I ~ i ffi iI: 6 ~ I i 'll ~ ~ o ~ I i ! ~ g '3 .., '" 1;} < ;;; ~ ~ .c ~.. of '" ~ ~ ~ ~-~--~ i ~~"'~~~ ~filllfiiHi:ll ~ .,. .,. '" 1=i. ~ '" '" ~ '" '" 1=i. .. ;;; '" 1=i. ~ .. '" a .. '" 1=i. ~ .. '" 1=i. ~ .. '" 1=i. .. ;;; .,. .,. ~ ;;! .. ;;; ~ ~ !il~ ~ .,. ~ S ~ii ~ ~N ~ .,. ti S ~~ ~ ~N ~ .,. ,,~ ~,,~ "" cD ~ oG) ~~ !lij~ i ! liig. >" ~ i! .. !;;: ~ i~ I~ji~ i II Illllj~h i I _iJ~i ~ !i~j~~~ .,. .,. ~~~~~~~~-~~--~-~~ ~'":E!~!x1~Ill~~~S!~~li!~li!E! O~~O~O~ fi~~fifi"fi~o ~~~~~ ~ fififififi i .g~i~~g~~.~~~.~~~g ~~~ ~ ~ v~~~ ! . .~~.~.~i.~~~.~~~. .. ~ ... ~ t'; z g " .., !i .., ~ !II &li :;!~ N ~~ ~ &l ~<! lil l!! N_ _ I"'- ~ u; &l ~~13 ~1Il g~g~~gg~,~~, .g.~g ~~~ --~ - ~ ~~ z o iil 8 ~ ~ B R !~Ii iJ~ ~R I I i ~lHj ril i t 11 ~lH~ 1 J~i ~ ~~1~~ ~! 1 ~l~~ I ~ ~1]iiJI!iilfffiJi !IJ!I~ ~i~~~~~~~!~!i~~~~ ~i~~~~ ~ Ii .,. ~ ~ .,. 1N1 . 11<. oil ;;;1 I I .,. ~I . '" ~ .. m ~ - "'- '" .. ;;; .,. CD ~ II; ;;! N "t '" .,. ~ ~ ~ ~ '" .,. i 18 ,..: I; ;;! II .,. ~ ! '" 1=i. '" ;;; I j 'll I I I 5 I I i i I i I d I ~~ I II l III !5 z ~ i f~ JI~ ~ ij ~~f j i ~ II ~ I 1~1111 J l!ii~J 5~ i I I i ~ o ~ j I i fA d Ii 7Ja.- City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: EDA Members FROM: Tina Hansmeier, Economic Development Specialist SUBJECT: Assignment and Assumption Agreement: Vinge Tile & Stone DATE: April 26,2010 INTRODUCTION Mr. Vinge would like to change the title on his property from D & R Vinge, Inc., to Vinge Properties, LLC. In order for him to do so, he needs authorization from the EDA in the form of the attached Assignment and Assumption Agreement. DISCUSSION This new entity (Vinge Properties, LLC.) along with the two identified in the original agreements (D & R Vinge, Inc., and D.B. Vinge) will assume all responsibilities identified in the executed Promissory Note and Mortgage dated March 3, 2004 and the Contract for Private Development dated May 12, 2003. ACTION REQUESTED Authorize approval and execute the Assignment and Assumption Agreement Respectfully submitted, Tina Hansmeier Economic Development Specialist ASSIGNMENT AND ASSUMPTION AGREEMENT TIllS ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Agreement"), made this _ day of .2010, by, between and among D & R VINGE, INC., a Minnesota corporation ("D & R Vinge"), and DOUGLAS D. VINGE ("D.D. Vinge"), whose address is 6915 146th Street, Apple Valley, Minnesota 55124 (D & R Vinge and D.H. Vinge hereinafter referred to collectively as "Assignors"), VINGE PROPERTIES LLC. a Minnesota limited liability company, whose address is 21205 Eaton Avenue, Farmington, Minnesota 55024 ("Assignee") and the ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF FARMINGTON, f/k/a the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR TIlE CITY OF FARMINGTON, a public body corporate and politic under the laws of the State of Minnesota, , whose address is 430 Third Street, Farmington, Minnesota 55024 ("EDAIt). WITNESSETH: WHEREAS, the EDA has provided to D & R Vinge financial accommodation pursuant to the terms of a Promissory Note dated March 3, 2004 in the original amount of Sixty-five Thousand Three Hundred Forty and No/l 00 Dollars ($65,340.00) ("Note"), a Mortgage on the real property described in Exhibit "A" attached hereto ("Property") dated March 3, 2004 and recorded in the Office of the County Recorder of Dakota County, Minnesota on June 15,2004, as Document No. 2215305 ("Mortgage"), a Contract for Private Development dated May 12, 2003 and recorded on June 15,2004, as Document No. 2215304 ("Contract") and other agreements executed in conjunction therewith ("Loan Documents"); and WHEREAS, D & R Vinge subsequently transferred title to the Property to D.H. Vinge by the recording of a Quit Claim Deed dated September 14,2004, and recorded on September 15,2004, as Document No. 2247919; and WHEREAS, Assignors have agreed to sell, assign and transfer the Property to Assignee and Assignee has agreed to assume all of the Assignors' obligation to the EDA under the Note, Mortgage, Contract and other Loan Documents; and 150763vl 1 WHEREAS, the EDA has agreed that Assignors can sell, assign and transfer the Property subject to the security interest of the EDA, to Assignee upon Assignee executing and delivering to the EDA this Agreement and Assignee complying with all of the terms, covenants and conditions hereof; and WHEREAS, in consideration of the execution of this Agreement by the EDA, Assignee is willing to assume all of the obligations of Assignors under the Note, Mortgage and Contract including all payment obligations and other indebtedness due and owing from Assignors to the EDA under the Note, Mortgage and Contract. NOW THEREFORE, in consideration of the premises and of the mutual agreements herein contained, and upon the express condition that the lien of the Mortgage held by the EDA is a valid first and subsisting lien on the Property subject only to those encumbrances noted in the Mortgage and that the execution of this Agreement will not impair the lien of said Mortgage and that there are no oth8r existing liens or encumbrances except as stated herein, it is hereby agreed as follows: 1. Assumption of Note and Mortgage. Assignee does hereby covenant, promise and agree (a) to pay all amounts due under the Note at the times, and in the manner therein provided as the same may be amended from time to time, and (b) to assume and does hereby assume all of the obligations of Assignors under the Note and Mortgage as if Assignee were the original Maker of the Note and agrees to pay said Note at the times, in the manner and in all respects as therein provided, and (c) to be personally liable for the payment and performance of all obligations of the Note, Mortgage and other Loan Documents that accrue from and after the date hereof, and (d) assume all of the obligations of the Assignors under the Contract. 2. Liability of Assignors. Notwithstanding any other term, covenant or condition of this Agreement, Assignors agree that Assignors shall remain liable to the EDA for all amounts owing under the Note, Mortgage and Contract and all obligations set forth therein. 3. No Impairment of Lien. All of the Property described in the Mortgage shall remain in all respects subject to the lien, charge or encumbrance of the Mortgage, and nothing herein contained, and nothing done pursuant hereto, shall affect or be construed to affect the lien, charge or encumbrance of, or warranty of title in, or conveyance effected of the Mortgage, or the priority thereof over other liens, charges, encumbrances or conveyances, or, except as expressly provided herein, to release or affect the liability of any party or parties whomsoever who may now or hereafter be liable under or on account of the Note and/or Mortgage, except as expressly provided herein; nor shall anything herein contained or done in pursuance hereof affect or be construed to affect any other security or instrument, if any, held by the EDA as security for or evidence of the aforesaid indebtedness. 4. Terms and Conditions of Note. Mortgage and Contract. All of the terms, covenants and conditions of the Note, Mortgage and Contract shall remain in full force and effect, and nothing herein shall be construed to impair the security or lien of the Mortgage nor impair any rights or powers which the EDA may have under the Note and Mortgage. 150763vl 2 s. Interpretation. The word "Note" as used herein shall be construed to mean the Note and any amendments or modifications thereto, or any extensions or renewals thereof, or other instrument evidencing the indebtedness herein referred to, and the word "Mortgage" shall be construed to mean the Mortgage and any amendments or modifications thereto or extensions thereon, securing the indebtedness referred to therein. 6. Counterparts. This Agreement may be executed in as many counterparts as may be required and it shall not be necessary that the signature of, or on behalf of, each party, or that the signatures of the persons required to bind any party, appear on more than one counterpart. All counterparts shall collectively constitute a single agreement. 7. Documents. Assignee agrees that it has reviewed the Note, Mortgage and Contract, and any and all other documents relating to the Property, and the security interest of the EDA therein and agree to be bound by the terms thereof. 8. Paragraph Headings. The headings at the beginning of each paragraph are for convenience only and shall not be dispositive in interpreting or construing this Agreement. The prefatory clauses, recitals and definitions of this Agreement are a part of this Agreement as if they were set forth in the body hereof. [Remainder Intentionally Left Blank.] 150763vl 3 IN WITNESS WHEREOF, this instrument has been executed by the parties hereto in the manner and form sufficient to bind them., as of the date and year first above written. u mge Its: Chief Manager/President ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF FARMINGTON By: Its: President And: Its: Executive Director STATE OF MINNESOTA ) ) ss. ) USAM. LINNANB NOTARY PUBUC- MINNESOTA ~ MY COMMISSION EXPIRES 01-31.2014 '. . -"., -.-. The foregoing instrument was acknowledged before me this b day of AOY'II - 2010, by Douglas B. Vinge, the President ofD & R Vinge, Inc., a Minnesota corp~ behalf of the corporation. ~~ tt: - .;j) A/lANlIJ-'C Notary Public COUNTY OF DAKOTA STATE OF MINNESOTA ) 150763vl 4 ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this sff' day of 2010, by Douglas B. Vinge. USAM. LlNNANB NOTARYPUBUC. MINNESOTA MY COMMISSION EXPIRES 01.31.2014 STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ~hJay of ~r\\ ,2010, by Douglas B. Vinge, the ChiefManager/President ofVinge Properties, LLC, a Minnesota limited liability company, on bebal~ liability company. ~ __" .Wt{Jf~ No Public STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of , 2010, by and . the President and Executive Director, respectively, of the Economic Development Authority in and for the City of Farmington, fi'k/a the Housing and Redevelopment Authority in and for the City of Farmington, a public body corporate and politic under the laws of the State of Minnesota, on behalf of the public body corporate and politic. Notary Public TIllS INSTRUMENT WAS DRAFTED BY: Campbell Knutson, Professional Association 1380 Corporate Center Curve, #317 Eagan, Minnesota 55121 AMP/cjh 150763vl 5 EXHIBIT" A" Legal Description of Real Property Lots 3 and 4, Block 3, Farmington Industrial Park, according to the recorded plat thereof, Dakota County, Minnesota. 150763vl 6 Major Economic Development Activities April 2010 Celts Pub Celts Pub has received approval of their liquor license and will be opening in the current location of the Eagles Club. According to the owner, Brandon Barth, they will close the restaurant Thursday, afternoon of April 29th to freshen up the interior and reopen to the public on Monday, May 3rd. Staff has recently been in discussion with Celt's Electrician regarding replacement of the existing restaurant signage. Blondie's Tavern The building permit for this family oriented restaurant has been paid for and picked up. Construction began on Monday, April 19th and is expected to be completed by mid to late summer. The owner, Jeff Schlicter, describes the type of restaurant as a hybrid between an Apple Bee's and Perkins, and will serve breakfast, lunch and dinner. Located on the end cap of the Tamarack Ridge Retail Center, the layout includes a main dining room to seat approximately 60 people, a banquet area for around 60-70 people and a bar area which is removed from the main dining room. Mr. Schlicter has applied for a liquor license which will go before the Council at one of their upcoming meetings. Subway Remodel The owner of Subway, Don Schussler has indicated to staff that they have renewed their lease and will be remodeling the downtown store this summer. The remodel will take on a more modern look and is mostly cosmetic (i.e., new wall paper, booths, signage, etc.) Realtor Update Our Realtors have erected signage on all three properties. To date, the 305 3rd street property has been shown to a couple of interested parties. Staff has also received two inquiries regarding this property as well. There was one call from a local broker who was looking for more details on the McVicker and Riste properties specific to the City's Business Subsidy Policy. Informational packets (attached) on the requirements of sale have been provided to the Realtor. City Center Update Staff recently met with Tom Wartman, the owner of the City Center Development who is working on several new leads to fill currently vacant space. Mr. Wartman has indicated the following uses have expressed an interest in possibly opening in his development: daycare center, cigar shop, 9-hole mini golf, and diner/deli. Staff is working with him to determine all licensing and permits that would be required. CDBG Update The final allocation amount for CDBG program year 2010 (July 1,2010 - June 30, 2011) is $47,700. Upcoming Business Events Dakota County Lumber will host their Spring Deck Expo on Thursday, April 29th from 4-8 pm. They will have vendors showing off their products and builders available to help the public with their projects. Hotdogs and beverages will be provided. The Farmington Food Shelf will hold a ribbon cutting ceremony to celebrate the Grand Opening of their new location, the Instructional Service Center, 510 Walnut Street (formerly the Kindergarten Center) on May 17th at 4 pm. The Downtown Business Association is busy coordinating and planning for the upcoming Minnesota Soybean Festival to be held in downtown Farmington on May 22nd. Page 1 of 1 Cindy Muller From: Cindy Muller Sent: Wednesday, April 14. 20102:06 PM To: 'janietute@aol.com'; 'godsbarn2@gmail.com' Cc: Tina Hansmeier Subject: McVicker and Riste Lots Attachments: mcvicker lot1.pdf; riste lot1.pdf Attached are details regarding circumstances under which the EDA can sell the McVicker and Riste lots. Please call me after you have reviewed the attached information. Thank you. Tina Hansmeier Economic Development Specialist Cif)' afFarmington .J.30 Third S'treet Farmington, MN 5502-1 Tel: 65 J -280-682/ Fa:'!;: 65 J -2RO-6899 4/15/2010 MCVICKER PROPERTY EDA/City Requirements The EDA may have the ability to accept an offer below fair market value if the project meets the "but for" test (i.e., their project would not move forward, "but for" the City's assistance) AND meets the minimum requirements of the City's Business Subsidy Policy, see attached. Business Subsidy Past Example In 2009, the EDA received a response to their Request for Proposals to purchase an EDA owned property in the form of a purchase offer to purchase a property for $20,000 and make $169,000 worth of improvements. The property had been recently appraised with a value at $185,000. Due to the difference between the appraised value ($185,000) of the property and the offering price ($20,000), a business subsidy was requested. City staff reviewed the proposal and determined the total amount of business subsidy to be offered for this project is $165,000. The subsidy to the developer would be to convey the property for a sale price less than the appraised value of the property. Because the individual was able to demonstrate that he met the "but for" test and the Public Purposes and Mandatory Minimum Criteria of the Business subsidy policy, the EDA was able to accept the proposal and offer the requested business subsidy. State/County Requirements Because the McVicker lot was acquired from the State as tax forfeited property, the City must follow Policy 8003 (Exhibit B). Policy 8003 states that property acquired at no cost by a local government with the intent to resell, must be sold at fair market value, as established by an appraiser hired by Dakota County. According to the Treasure-Auditor Manager for Dakota County, they have allowed their commercial appraiser to set a fair value in the past. This determined value can be used by the City as the "fair value" and/or sale price. I've been informed Dakota County Commercial Appraiser Tim Graul will do a site visit within the next few weeks. Policy 8003 also explains that any money the City has originally expended towards this property will first come out of the sale proceeds to cover the City's past expenses with any additional proceeds reverting back to Dakota County. Please Note: The market value currently listed on the County's Real Estate Inquiry can NOT be used as the fair value and/or sale price. The land was conveyed to the City of Farmington EDA from the State of MN to be used for economic development purposes and to be returned to the tax rolls via construction of a new commercial building. Property can not be sold on speculation and improvements will be required to be made, per State Statute, within one year of commencement of construction. Attachments: A) Business Subsidy Policy B) Policy 8003 C) Deed D) Pending Assessments: $17.602.5 I (Includes: 2002 Streetscape and 20 I 0 Seal Coat ($ I 36.65/1ot)) E) Downtown Business District (B-2) Zoning District F) Downtown Commercial Overlay District Design Standards Policy 8003 CONVEYANCE OF TAX-FORFEITED PROPERTY TO LOCAL GOVERNMENT UNITS Revised 8/22/06 Published 9/19/02 ' · POLICY It is the policy of the Dakota County Board of Commissioners to promote the acquisition of tax-forfeited properties by local government units when such units intend to put the properties to an authorized public use, for environmental remediation, or to develop low and moderate income housing, by recommending to the Minnesota Department of Revenue that local g'Qvemment units be permitted to acquire such properties for no consideration. Generally, acquisition of tax forfeited properties by local government units for other purposes will be recommended upon payment of the current appraised value or upon execution of an agreement to return to Dakota County the net proceeds from a sale of the property to a private person or entity. DEFINITIONS Authorized Public Use: Use of the parcel for purposes authorized by law and which is characterized by access to the property by the general pUblic (e.g., public park, public building, public parking lot, public road or street, public trail) or by provision of direct benefrt to the general public (public sewer or water improvement, public utility, open space). Current Appraised Value: The market value established by an appraiser hired by Dakota County and approved by the Dakota County Board of Commissioners' Direct Costs: Costs paid by the local government unit to ready a parcel for sale, such as costs for environmental remediation, site preparation, and marketing but excluding indirect costs, such as, by way of example, staff salaries and copies. Environmental Remediation: The physical clean-up of a parcel of land contaminated by the presence of hazardous and/or solid waste, as determined by the Dakota County Environmental Management Department. Local Government Unit A city, township, econol11ic development authority, port authority or housing redevelopment authority'located within Dakota County, County of Dakota, and the Dakota County Community Development Agency. ' Low and Moderate Income Housing: Housing which may be aCquired by persons or families whose income does not exceed 80 percent of the median income of the metropolitan area. · Net Proceeds: Proceeds from the sale of a tax forfeited property by a local government unit to a private person or entity less the direct costs incurred by the local government unit to maintain and prepare the property for sale. SOURCE Minn. Stat ~ 282.01 Dakota County Board Resolution No. 00-598, adopted November 14, 2000. Dakota County Board Resolution No. 06-325, adopted August 22, 2006 GENERAL INFORMATION Real property is forfeited to the State of Minnesota when real estate taxes are not paid. Tax forfeiture of property results in a reduction of the total property taxes collected by the County, city or township, school district, and special taxing districts. Tax-forfeited lands may be conveyed by deed executed by the Minnesota Commissioner of Revenue upon recommendation and action of the county board, as prescribed by law. Upon receipt of a completed application ,from a local government unit to acquire tax forfeit property, the matter will be placed on the agenda of the Dakota County Board of Commissioners. If the application is to acquire the property for no consideration, the county board will recommend approval if the local government unit intends to put the property to an authorized public use, or to effect environmental remediation, or for the purpose of developing low and moderate income housing. If the local unit of government seeks to acquire the property for no consideration but does not Intend to acquire the property for an authorized public use or to effect environmental remediation or for low or moderate income housing, the county board will generally recommend approval only where the local government unit has entered into an agreement to return to Dakota County, on behalf of the taxing jurisdictions in Dakota County, the net proceeds from any sale of the property to a private entity or person. If the local government unit does not execute such an agreement, the County Board generally will recommend that the local government unit be permitted to acquire the parcel for the current appraised value. The form of the agreement shall be prescribed by the County Attorney. The local government unit shall submit a signed agreement to the County together with the application for conveyance. Appraisal costs will be paid from the Tax Forfeit Fund, into which any proceeds received pursuant to this policy will be deposited. COf'lf Conveyance of Forfeited Lands Commis5imIer's Dee.! I'lJ)200771 THIS DEED. made this J~ &.y of August, 2005, betweel1 the State ofMimlIlSOia, ading by and tbrough the Commissioner nf N.evenue (Grantor). and Farmington BoUG!:ng and 1<<daveloprwmt Authotit.Y. a govcmmenta1 subdivlsiOll-lGraotec). 'V1TNESSETH: WHEREAS, the land hereinafler described was duly fotfeited 10 the State of Minnesota for the nonpayment aftaxes. end, , WBEREAS> pursuant to ),fumesota SrarurCt, Section 282.01. Subdivision 1, the Grantee has applied Ul the COmmissioner of Reveoue fot the ClmVay.ance oflands here.inaflet desonced to be used by it exc!usivcly use as redevelopment property a~ 10 ChAj)le.T 469, wmamAs. the Bom:d of CouniyCommissioners oftha County of Dakota, State ofMiImcsota, hasrBCalDl3lalded totbc COJJDnisaioner of:Rcmm\l<l by rcsolution adopted on the 16th day of August. 2005. that such ClmveyllnCc be made. NOW. 'X1IEREFORE. the State of MiImesoIa. pursuant to said laws and in consideration oithe premiSes, docs hereby grilU and convey without WlllrMlty unto the Grantee. fmever. all the tracts or pa:rcela of land lying and being in the COll:lIty of Dakota, State of Mipnesotll, dosoribcd as follows. to-wit: That p.ott ofwts 5 and 6, Block 23, Town ofPatmiugton. Dakota County, MinnesOta, descn"bod as follows: . Beginning at lI.pointon the West line of Lot 6, Bloek23. Town of Farmington, DakotaCounfy. Mmncsota distant 20 fectNortb. of'the Southwest comer of said Lot 6; thence East 11 0 feet; thenc:o South 3Q feet; t:henoe West 110 feet; thence North 30 feet 10 tht poipt of beglnnlng. PINf# 14-nOO0-061-23 A-'ID All that part of Lots 7 and 8. Block 23, Town ofFllImington, Dakota CoUBty, ~iinnesota. dCSCIIced as follows: Beginnins at the Northwest comer of said Lot 7; thenco South, along the West line of said Lot 7. 30 feet; thlme East 110 feet; thence North 30 feet; thmce West 110 feet to the}lOint otbcgiJminS; together with that pflrt of tho vacated alley adjacent du:telo described as foUows: lkJghurlngatthe1':larthwest corner of said lot 7; th= East 110 feet; thence North 10 feet; thence Wear 110 feel; thence So\l1h 10 feet to thepointofbcginning. PJN# 14-77000-086-23, excepting and raemng 10 the saul Slate. in trIl8l for taxing dIstr.Icts concerned, all minaals and mmeral lights. as pro'lidcd by law. 'to R,\ VE AND TO HOLD THE ~ toSetheI: With all th" haeditaments md lIppUItCDSIlCCiS thereunto 'belonging or in anywise appertaining, to the: Grantee so long os it &ball continue to use said land for the PUlllose aforesaid, and upon condition that if such use shan cease or if some: other use should be made of the JllIIda and the other use is not approved by the county bll$'d said land shn1l revert to the party of the Slate as provided by law, provided, however, that a sale, lease. transfer or other conveyance of sucll Jllltds by a housing llIld redevelopment authority as authorized by Se4:flona 469.001-469.047 shall DOt be an abandonment of such use and such Janda shall not be conveyed 10 the: Stale nor sbalI they revOlt to the State. A cmtificate made by a housing an4 redevelopment authority referring Ip a convcy.mce by it.md 9latfng that the reconveyance has bcco made as au~ by clulp.tt:r 469 may be filed with the county recorder or registrar of titles. and the righ:rs of rCVc::ru:r it! favor of the slate will ihe!1 tenninaJc, Tltt GRANTOR. CEllTD'IES that the Oranf01' does not know of anyweUs ou the de$on1ledreaI properly. The Stale of MiImesOIa is issuing this deccI. for the cmmty and other taXlngjurisdictiona and in reliance CD the Auditor's certiiication stating no wells arc ]llC8II!d on the above described property. . IN TESTIMONY WHERl1:Ql;', me Su.te of~ Gnm.tar, bas I:lIUSed this deed to be executed in its name In the City of Sl. Paul, RiImscy County, ~esota. the day lIIld yearfinrt above written. .' ram: &ppnlved by AI1rit:/>;rJ~ (02103) Z c 3ZCv'Oh uno~ VlO~Ya ~dll: I gJO~ 'YZ'jfY St'ATEOFMINNESOTA CoIiIUy otRamsey ) )58. ) On this 19th day of August. 2005. before I'M personally appeared ALAN G. Wlm'PLB, the duly Appointed representatlve ofr.be Commissioner ofJtevenue ofrhe SUIte of Minnesota, to me !alo'lm. to be the persOn who ilxecuted the foregoing conveyance' in behalf oithe Stare of .Minnesota and acImGWledged that he elCeeuted 111e same tIS the 1'rcc act and deed of said state pUlllWlnt to 1he ~tc;s in sudt CIl.ge JDade and provided. ~< ~~'~ UNDA F. LEITOL.D NalaJy Pub1la-MInnssola MJ CllmmisaJan Eo;/llIa_ 81.2010 €'c 3Z&v'O~ STATE OF MlNNESOTA DANIEL A. SAl.OMONE COmmtssiouer of ~venue Dr- ~~~Yv~ TIllS JNSTaDMl!Nl' WAS DR.An'!!DBYI lI&Dcsol&Dcpam/wltoi~ iOO NOItII R.ob<Ot Saa:t. 46 PIM< s~ hIl. MK 55146 t""_lbrCll.roaIPJ'lPCI')'<IootrlhoII fDthio_l1lmll4bG..."" A Namo: FM ~1""'h,~"\ r\ t. ~'!I' "'5'" C't\A<' )+11 3d<. l!l w G5"(.>~1 F"",rft\,'i 10.1 "to!'" '''' LN10= VIO~Ya lidll:! SJOl 'vz'sry Report Name: Assessment Search [ ~I tv ~ elL c:::::v'0 City of Farmington Special Assessments Search PIinted:3/29/2010 Page: 1 Property In 14-77000-086-23 1!!! Block Addition 08 23 1477000 Property Address 323 3rd St Farmington, MN 55024 SA Nbr 140296 2010.1 Description STSCAPE 2010 SEAL COAT PROJECT Summary of Levied: Summary of Deferred: Summary of Closed: Pending Estimate: Future Estimate: Hookup Fee Estimate: Property Status Active Addition Name/Lel!al Town of Farmington 10FT ALLEY ADI &N30FT OFW 110 FT OF 7 & - - - -- Special Flags - - - - . 1 2 3 4 5 6 7 8 9 10 2010 P&I Cert: $0.00 Year !m!! Rate Total Curr Prin Payoff Status 2002 15 6.5000 $6,141.79 $0.00 $9,895.55 Deferred 2011 1 5.0000 $136.65 $0.00 $0.00 Pending $0.00 $0.00 $0.00 $6,141.79 $9,895.55 $0.00 $136.65 $0.00 $0.00 Report Name: Assessment Search Prooerty ill 14-77000-061-23 Lot 06 Prooerty Address 317 3rd St Farmington, MN 55024 ~ 140296 2010-1 Descrintion STSCAPE 2010 SEAL COAT PROJECT Summary of Levied: Summary of Deferred: Summary of Closed: Pending Estimate: Future Estimate: Hookup Fee Estimate: I ,'I C, \) ( G\Ci.JC) City of Farmington Special Assessments Search PTinted:3/29/2010 Page: 1 Block 23 Addition 1477000 Addition Name/Leeal Town of Farmington S20FTOFW 110FT&N 10 FTOF ALLEYOF5 & Pronerty Status Active -- -- - Special Flags - -- -- 2 3 4 5 6 7 8 9 10 2010 P&I Cert: $0.00 Year Term Rate !!!!l!!. Curr Prin Pavoff Status 2002 15 6.5000 $4,613.78 $0.00 $7,433.66 Deferred 2011 1 5.0000 $136.65 $0.00 $0.00 Pending $0.00 $0.00 $0.00 $4,613.78 $7,433.66 $0.00 $136.65 $0.00 $0.00 RISTE EDAlCity Requirements The EDA may have the ability to accept an offer below fair market value if the project meets the "but for" test (i.e., their project would not move forward, "but for" the City's assistance) AND meets the minimum requirements of the City's Business Subsidy Policy, see attached. Business Subsidy Past Example In 2009, the EDA received a response to their Request for Proposals to purchase an EDA owned property in the form of a purchase offer to purchase a property for $20,000 and make $169,000 worth of improvements. The property had been recently appraised with a value at $185,000. Due to the difference between the appraised value ($185,000) of the property and the offering price ($20,000), a business subsidy was requested. City staff reviewed the proposal and determined the total amount of business subsidy to be offered for this project is $165,000. The subsidy to the developer would be to convey the property for a sale price less than the appraised value of the property. Because the individual was able to demonstrate that he met the "but for" test and the Public Purposes and Mandatory Minimum Criteria of the Business subsidy policy, the EDA was able to accept the proposal and offer the requested business subsidy. Dakota County Community Development Agency (CDA) & HUD Requirements A benefit to the City would be for the end result of the property to meet one of the following options provided below. The following end-result options with this property would not trigger repayment and would not require an appraisal. Otherwise, the City would be required to repay a portion of CDBG funds used in the original acquisition of this property and obtain an independent appraisal* prior to the sale. I. New housing project whereby at least 51 % of the owner or renter units are occupied by Low/Mod income households. 2. New commercial project whereby permanent jobs are created and/or retained with at least 51 % held by or made available to Low/Mod income persons. 3. New mixed housing/commercial project would require BOTH # I and #2 to be in compliance (i.e., if housing qualifies, but not commercial, then the project does not qualify, and vise versa). *The appraisal value would be used to determine the CDBG repayment amount (-67% of sale proceeds) because this property was acquired with over $25,000 of CDBGfunds. Per CDA/CDBG requirements, the city has the ability to sell this property at any value, if the proposed project meets the city's requirements including the "but for" test, and the City's Business Subsidy Policy. Attachments: A) Business Subsidy Policy B) 2009 Income limits C) Pending Assessments: $273.30 (20 I 0 Seal Coat - $1 36.65/1ot) D) Downtown Business District (B-2) Zoning District E) Downtown Commercial Overlay District Design Standards *Low/Mod person is defined as a family or individual whose income is not more than 80 % of the median income of an area (Twin Cities Metropolitan Area). ~'&tL l , ~ CITY OF FARMINGTON, MINNESOTA Business Subsidy Policy SECTION 1. PURPOSE OF POLICY. The purpose ofthis Business Subsidy Policy (the "Policy") is to establish criteria by which the City of Farmington, Minnesota (the "City") may grant a business subsidy to a business (a "Business Subsidy"), as defined in Minnesota Statutes, Section 116J.993, subdivision 3. This policy sets forth the criteria to be considered by the City in awarding a Business Subsidy in compliance with Minnesota Statutes, Sections 116J.993 to 116J.995 (the "Act"). The City may deviate from this Policy only by documenting in writing the reason for deviation and attaching a copy of such documentation to its annual report to the Department of Trade and Economic Development, as provided in the Act. SECTION 2. PUBLIC PURPOSES. A Business Subsidy granted hereunder must meet one or more of the following public purposes: A. To redevelop blighted or under-utilized areas of the City. B. To provide for or promote housing for persons and families of low and moderate incomes within the City. C. To provide for mixed-income housing developments within the city. D. To promote neighborhood stabilization and revitalization by the removal of blight and the upgrading in existing housing stock in residential areas of the City. E. To create additional job opportunities within the City. F. To retain local jobs in the City, where job loss is specific and demonstrable. G. To enhance the economic diversity of the City and to provide essential products and services within the City. A Business Subsidy shall not be granted hereunder merely because it is found that the granting of the Business Subsidy will result in an increase in the tax base of the City. SECTION 3. MANDATORY MINIMUM CRITERIA. Any project for which a Business Subsidy is granted by the City shall meet the following mandatory minimum criteria: A. Where the public purpose ofa project is the creation of additional jobs in the City, the project receiving business assistance must create a minimum of 1 new full-time equivalent (FTE)job in the community, with a minimum wage of at least 125% of the prevailing federal minimum wage. B. Where the public purpose of a project is the retention of existing jobs in the City, the party requesting the Business Subsidy shall provide evidence that the loss of jobs in the City is imminent in the absence of the granting of the Business Subsidy. C. Any party requesting a Business Subsidy must be able to demonstrate successful general development capability, as well as specific capability in the type and size of development proposed. D. All project proposals shall, in the opinion of the City Council, optimize the private development potential of a site. E. The project must meet the "but for" test, meaning that but for the Business Subsidy requested, it would not be financially feasible for the project to proceed in the manner as proposed. F. The project must not generate significant environmental concerns in the opinion of local, state or federal governmental units. G. The project must be in accordance with the comprehensive plan, zoning, redevelopment plans, and policies of the City. SECTION 4. AWARD OF BUSINESS SUBSIDY. A project meeting the above criteria will not automatically be approved for a Business Subsidy. Meeting such criteria creates no contractual rights on the part of any party seeking a Business Subsidy. A Business Subsidy shall be provided within applicable state and local legal requirements. In granting a Business Subsidy, the City shall enter into an agreement with the recipient that provides the information, wage and job goals, commitment to provide necessary reporting data, recourse for failure to meet such goals, and other covenants, as required by the Act. J!i 's :i CD E 0 (,) .5 en b 0 0 c::: N ::I 0 U S 0 .lie: CO 0 ... J2 m a5 T"" (t) ~ 13 ~ CLl - 0 0 en (II) CO ~ II o c::: c::: CO :c CLl :lE g "C '0 0 0 0 ~ .c 0 LO 0 CD t'!. ('I). It) CD rn ('I) LO ~ Co:::s ('I) LO CO CO 0 ~ ~ ~ .c c "C 0 '0 0 0 0 ~ .c 0 0 It) CD t'!. 0 C") CD rn T"" N 0;- Co :::s ('I) LO ..... ..... 0 ~ ~ ~ .c c "C 0 '0 0 0 0 ~ .c LO LO It) T"" CO N 8.; m as ~ C\I ~ ..... CO 0 ~ ~ .c c "C 0 '0 0 0 0 ~ .c LO 0 0 CD T"" ('I) ..:- CD rn r-: Iri 0;- Co :::s C\I ~ CO It) 0 ~ (B- .c c:2 0 0 0 o 0 ~i LO LO 0 T"" m 0 8.~ Iri T"" ~ C\I ~ ''It 0 ~ (B- .c c "C 0 '0 0 0 0 ~ .c LO LO 0 CD CO ..... CO CD rn N r-: ~ Co :::s C\I ('I) It) C") 0 ~ ~ (B- .c c:2 0 0 0 o 0 ~ j 0 LO 0 T"" LO C'! CD rn 0 ri ..:- Co:::s C\I ('I) It) N 0 ~ ~ (B- .c "C c '0 0 0 0 0 .c 0 LO 0 ~ CD CO ('I) CO CD ~ r-: m i Co T"" C\I T"" 0 ~ ~ .c CD J!i .. E 's ~ ~ '#. 0 0 0 0 (,) :i ('I) LO CO .5 15 "C "6 .c CLl II) :::s o .c c o ~ CLl Co . ..!-g CO o. Jlf(2) Co ~ E 15 co ~ (j) ... II) If .~ - ~ j CLl CLl = E ~ 8 J2 .5 ~ c CLl co = :Co CLl 0 E 0 met co~ en .~ :J CLl CLl E .c 0 - 0 15 .5 "0 ffi CLl ._ Co"C Co CLl rl E II) en .- ::> 15'CLl o .c ~; 0..0 do _C\I .- T"" ~r-: co '#.~ ~ .~ ~ ~ -~ 8 E c::: l!! .- C) ffi e :c a.. CLl (!) E c.o co o ~ u co CLl '0 ='#. ... 0 If co .. (I) E 8 .5 C .~ "C (I) E (I) :5 o +"" C ~ (I) c.. o co C 00 .r:::: +"" ~ o E +"" o c .~ (I) E o o c (I) en o .J:: ~ 10 ::s "C :~ "Om ,5 (I) L- L- o 00 ~C ==s E== J!!8. m e en+"" 00 Q) "CE (I) en C (I) l.j:+:i (1).- "CU en.5 ,- ~ at:::, ~ 00 (I) ~ C-cu ~f6 <Co "C C (I) en :: .- (l)Stn ..c .- v +""enm ~(I)O .:5 U a)~~ (I) .;;:: (I) (I) :5 o 0.0.._ (l)eEo :.5' 0. 00 C 0"C><0 .....(I)Q)~ CUL-L-O 6m~o. +:i(3 -00 OOL..,(I)1f- co.;;:: 0 OO"-o+"" +""C(I)c (I) 0 '^' (I) (I)+:i....E Eo.o~ 01000 o~co. en ..... 0 Q) m C ._ L- \01 0 +"" ~~ ~ ~ (I)+-,Q)~ g..~ E ..... L- ". 0 00 ,... ..., 0 .- .....>_0 ". ._ ... L- ..., +-' .- (I) :5 ~ "Co E -:.5' E _0 0 .E 0 -m 10 ~ ~ ::sc.....o "C~Q)O) cm:5c Q) C +-' 'en :: (I) (I) ::s (I) E (I) 0 :5oE..c +-,0+""Q) mco+-' ..c .- C e -;;-ggjOi ~Eo~-o . - ..... "C m (I) S- ~ ~ E 'S ~ (I) .r:::: C" C ~ o.:t::: (I) .Q +-' e ~ ~ +-' ~ 0. "C .- ..m=(I)(I)+-' S, ~ :5 g. ffi (I)+:i_.....s::: L-eno(l).= O .- >... .....:: (I) v, ::>mm"C~ J: 0::: ::s ~ .5 - I'~ ~ :t::: C (I) .~ e ::s CIS eo.9l a..<(U (I) _..c . 0+-'_10 c.s .~ en .Q en e :t-~""'o. coco. (I) 0. (I) m .- E .e- ~ (I) 5 0_>\01 (I) \01 0 ~ L-enL-.c ". en 0. :5 (I) ,5 -g :: - ~ "C .5 Q)Q)cs::: eno.ClSt: ::s 0 - (I) "C~oOi co..... C .... ::(1) (I) 0 en "C:5;em o 0 .~ (I) ~(I)&~ ;>::SO> Om CIS+"" I>L-(I) c+",,~~ g~enm mL-"CE CIS C L.., o E .2 .m ..- L- ~ - .- C> +-' oJ!!mc "C+""O~ (l)cUL- en~ 1::S OL-CO o.::SO(l) en 0 c..c :0 (I)_+-' L-.J::01O o;en"C "C(I)~o ~~:Een .- ::s "C Q) S.cc.c ~E(I)1ii L- 'Q) 0. ::s (I) L- >< E .r::::(I)(I) ~.c.s~ en1i).9l(l) .- ::s .c 0. ~E.ee (I) E::S 0. 0. m :8 (I) OL-L-..c L- O)~I- o.om "C L- (I) . (I) o.::s mC,!) m>~ (I) m 0. (3C!(I)e ~t):5 0. Report Name: Assessment Search Pronertv ill 14-77000-030-22 City of Farmington Special Assessments Search Lot Block Addition 03 22 1477000 Addition Name/Lel!aI Town of Farmington E 21 FT OF S 90 FT OF Pronertv Address 209 Oak St Farmington, MN 55024 SA Nbr 140296 140316 140326 2010.1 DescriDtion STSCAPE 03 SEALCT 2003 DEL MUN SVS 2010 SEAL COAT PROJECT ProDertv Status Active ..... Special Flags ..... 1 2 3 4 5 6 7 8 9 10 Year Term Rate Total Curr Prin 2002 15 6.5000 $3,010.19 $0.00 2004 1 0.0000 $62.86 $0.00 2004 1 0.0000 $286.48 $0.00 2011 1 5.0000 $136.65 $0.00 $0.00 $0.00 $0.00 $3,359.53 $136.65 $0.00 $0.00 Summary of Levied : Summary of Deferred: Summary of Closed: Pending Estimate: Future Estimate: Hookup Fee Estimate: }(/LJ re. ( W) PIinted:3/29/2010 Page: 1 2010 P&I Cert: $0.00 Payoff Status $0.00 Closed $0.00 Closed $0.00 Closed $0.00 Pending $0.00 $0.00 Report Name: Assessment Search City of Farmington Special Assessments Search Property ID 14-77000-042-22 Lot Block Addition 042 22 1477000 Addition NameJLwal Town of Farmington Property Address Farmington, MN 55024 SA Nbr 140296 2010-1 Description STSCAPE 2010 SEAL COAT PROJECT Property Status Active - -- -- Special Flags - - - - - 1 2 3 4 5 6 7 8 9 10 N N N N N N N N N N Xm Term Rate Total Cnrr Prin 2002 15 6.5000 $2,537.55 $0.00 2011 1 5.0000 $136.65 $0.00 $0.00 $0.00 $0.00 $2,537.55 $136.65 $0.00 $0.00 Summary of Levied: Summary of Deferred: Summary of Closed: Pending Estimate: Future Estimate: Hookup Fee Estimate: IC( ~f0 C~ ) Printed: 3/29/2010 Page: 1 2010 P&I Cert: $0.00 Payoff Status $0.00 Closed $0.00 Pending $0.00 $0.00 Sterling Codifiers, Inc. Page 1 of2 10-5-14: B-2 DOWNTOWN BUSINESS DISTRICT: (A) Purpose: The B-2 downtown business district Identifies a variety of general commercial and higher density residential uses for the downtown area In order to expand and strengthen the downtown as the primary commercial district for the city, create a pedestrian friendly downtown, and promote the city as a cultural center. Objectives ofthls district are to preserve historical buildings, require high design standards, and provide a diverse mix of community oriented commercial and cultural activities that are pedestrian oriented and accessible to area residents. (B) Bulk And Density Standards: 1. Minimum Standards: area width ront yard setback ide yard setback ear yard setback Height (maximum) Maximum lot cove All standards are minimum requirements unless noted. (C) Uses: 1. Permitted: Animal clinics. Clinics. Clubs. Coffee shops. Commercial recreational uses. Commercial services. Neighborhood services. Nonprofit recreational, cultural and entertainment uses. Offices. Personal and professional services. Personal health and beauty services. Public buildings. Recreation equipment sales/service/repair. Restaurants, class I, traditional. Retail facilities. Sexually oriented businesses _ accessory. (Ord. 002-469, 2-19-2002) 2. Conditional: Auto repair, major. Auto repair, minor. http://www.sterlingcodifiers.com/codebook/getBookData. php?id=&section _id=550650&ke... 3/29/2010 Sterling Codifiers, Inc. Page 2 of2 Bed and breakfast. Child daycare center, commercial. Churches. Convenience store, with gas. Dental laboratories. Funeral homes. Grocery stores. Hotels. Mixed use building. Motels. Multiple-family dwellings. Outdoor sales. Public and parochial schools. Public utility buildings. Restaurants, class II, fast food, convenience. Restaurants, class III, with liquor seIVlce. Restaurants, class IV, nonintoxicating. Solar energy systems. Theaters. (Ord. 002-469, 2-19-2002; amd. Ord. 002-483, 12-2-2002; Ord. 003-484, 1-21-2003; Ord. 004-513, 8-2-2004; Ord. 005-537, 7-5 -2005) 3. Accessory: Parking lots. (Ord. 002-469, 2-19-2002) http://www.sterlingcodifiers.com/codebook/getBookData.php?id=&section _id=550650&ke... 3/29/2010 Sterling Codifiers, Inc. Page 1 of3 10-6-28: DOWNTOWN COMMERCIAL OVERLAY DISTRICT DESIGN STANDARDS: (A) Purpose: The purpose of this section Is to establish design standards pertaining to the commercial buildings In the downtown commercial district. The design standards are Intended to do the following: 1. Encourage Integrated site planning to create a cohesive, sustainable built environment. 2. Maintain and reinforce "small town" and "main street" architectural traditions. 3. Encourage an active, walkable, pedestrian environment. 4. Maintain the character of historic buildings. 5. Unify and articulate building facades. 6. Place a strong visual emphasis on streetscapes. 7. Require new construction to be compatible with existing buildings. 8. Provide for the compatible Integration of commercial and residential uses located on the edge of the downtown commercial district. 9. Encourage replacement or remodeling of architecturally Incompatible buildings. 10. Adaptively reuse older buildings that contribute to the district's sense of time and place. 11. Encourage the development of pocket parks, gardens, plazas. and courtyards for public use. 12. Establish well defined transitions (mixed use buildings) between the downtown and adjacent neighborhoods. (B) Overlay District Boundary: The downtown commercial overlay district (DC) Is described as the property located south of the Vermillion River, west of 4th Street, north of Walnut Street and east of 1 st Street. (C) Process: The downtown commercial overlay district design standards will be administered through the site plan process In section 1 Q-6-23 of this chapter and, if required under the design review process In section 2-11-5 of this code. (D) Applicability: All new construction and renovations or additions of existing commercial structures In the DC district will be required to meet the standards In this chapter, unless otherwise provided. Projects exempt from meeting the standards are those commercial buildings that are comprised of any of the following project types: 1. Interior remodels; 2. Buildings used solely for residential purposes; 3. Normal or routine maintenance and repair of existing structures; 4. Construction that does not require a building permit. (E) Building Material And Design: 1. In the case of new construction, renovations, or additions, seventy percent (70%) or more of the total surface area of exterior walls exposed to pUblic view shall consist of a mixture of two (2) or more of the predominant downtown finish materials (clay, brick, stucco, natural stone, ornamental concrete; except for portions of exterior walls not visible from the public viewshed). Extruded metal storefront framing may be used only on window or door frames. 2. Transparent glass must comprise a minimum of fifty percent (50%) (but shall not exceed 75 percent) of the total wall area of the first floor elevation on the primary facade; transparent glass or facede openings shall comprise a minimum of twenty percent (20%) (but shall not exceed 50 percent) of the total wall area on the upper floor elevation of any street facade; upper story windows will be vertically proportioned and have the visual appearance of traditional double hung sash. 3. Blank, windowless walls shall be avoided wherever possible. 4. Exterior walls shall not be covered with metal panels, EIFS (exterior Insulation and finish system), vinyl siding, faux half timbering, logs, shakes, shingles, exposed aggregate, or poured in place concrete. 5. Preassembledciay brick panels, artificial stucco, decorative precast units resembling stone, and other modem materials may be used that similarly match the appearance of historic materials.m 6. Standardized corporate or "trademark" commercial building types shall be constructed to meet the architectural style of the downtown, which includes building materials, glass, color, and signage. http://www.sterlingcodifiers.com/codebook/getBookData.php?id=&section _id=550718&ke... 3/29/2010 Sterling Codifiers, Inc. Page 2 of3 7. The ground or street level of a building shall be visually distinguished from the upper level(s) through the use of colors and/or building materials. 8. Imitation of historical styles shall be encouraged in new construction and renovation of existing buildings; references to historic architectural styles and periods will be Interpreted in a contemporary manner; new and renovated buildings shall reinforce and not compete with heritage landmark properties. 9. New commercial buildings shall solidify the relationship between old and new bUildings and support a human scaled, street oriented downtown environment. Infill construction on side streets shall be designed with architectural features such as brick facades. 10. The massing and bulk of new buildings shall be mitigated by varied massing and proper articulation of street facades. Large "big box" commercial buildings shall be designed to appear as multiple storefronts by breaking the facade into smaller bays of twenty feet (20') in width In order to maintain a pattern integrated with and similar to surrounding buildings. 11. The size, scale, massing, and facade materials of new construction will complement the architectural character of existing historic buildings identified as heritage landmarks. 12. Comer buildings shall be designed with two (2) street facades and a maIn entrance on both sides. 13. The maximum height of new construction shall be forty five feet (45'). 14. Rooflines shall be flat or gently sloping. (F) Awnings/Canopies: 1. Where Allowed: Awnings/canopies shall be allowed over the first floor windows and along the frontage of all building entrances. 2. Projection; Support: Awnings and canopies shall not project more than five feet (5') into the public right of way, except where located above an entrance, in which case the maxImum projection shall not exceed eight feet (81. Awnings and canopIes may not be supported by poles or other structural elements located in the public right of way. 3. Length: Awnings and canopies should emphasize the rhythm of the facade bays, windows and entrances, and shall not continue uninterrupted along the building facade. 4. Height: The bottom of awnings and canopies should be at least eight feet (8') above sidewalk grade. 5. illuminatIon: Backlit awnings and canopies are not permitted. 6. Inscription: Lettering on awnIngs and canopIes shall comply with subsection 1 0-6-3(B)1 (k) of thIs chapter. 7. Materials: Awning and canopy materials should be limited to cotton, acrylic or vInyl coated cotton, copper or bronze coated metal, or clear glass. AwnIngs shall be designed with a slope. No horizontal awnings are allowed. Structural supports shall be constructed of steel and/or alumInum and shall (If or where visible) incorporate ornamental features. (G) Parking Areas: 1. Required off street parking shall be provIded by spaces at the rear or sides of a building and provided with architecturally compatible security lighting, and screened with landscape buffers or low walls. 2. Underground and structured parkIng shall be encouraged and new parking structures shall be compatible with (but not Indistinguishable from) adjacent buildIngs in terms of height, scale, massing, and materials. (H) Landscaping: 1. Landscaping withIn the downtown commercial overlay dIstrict shall comply with section 10-6-10 of this chapter. (I) Screening: 1. ScreenIng of service yards, refuse, and waste removal areas, loading docks, truck parking areas and other areas which tend to be unsightly shall be accomplished by use of walls, fencing, dense plantIng, or any combination ofthese elements. ScreenIng shall block views from public rights of way, private street and off street parking areas, and shall be equally effective in winter and summer. Chain link and slatted fencing are prohibited. 2. Mechanical equipment, satellite dIshes, and other utility hardware, whether located on the roof or exterior of the bUilding or on the ground adjacent to it, shall be screened from the publiC view with materials Identical to or strongly similar to building materials, or by landscaping that will be effective in winter, or they shall be located so as not to be visible from any publiC right of way, private street or off street parking area. In no case shall wooden fencing be used as a rooftop equipment screen. (J) Signs: 1. Notwithstanding contrary provisions In this code the followIng provisions are allowed in the DC district: http://www.sterlingcodifiers.com/codebook/getBookData.php?id=&section _id=550718&ke... 3/29/2010 Sterling Codifiers, Inc. Page 3 of3 (a) Projecting signs perpendicular to the building. Projecting signs shall comply with subsection 10-6-3(8)5(e) of this chapter (Spruce Street signs). (b) Wall signs flat along building frontage as required In subsection 10-6-3(8)3(a) of this chapter. (c) Monument signs are allowed where existing building is set back from front property line as required In subsection 10-6-3(8)3(b) of this chapter. (d) Painted wall signs shall be permitted through a conditional use permit per subsection 10-6-3(8)1 (I) of this chapter. (e) A-frame signs are allowed per subsection 10-6-3(8)1 (t) of this chapter. 2. Signs on historic landmark buildings must: a) not cause damage to historic architectural features or building materials as a result of Installation; and b) should be designed and Installed In such a manner that when they are removed or replaced there Is no physical evidence of their former presence. In other words, holes may not be drilled in historic masonry, alterations may not be made of historic character defining windows or doors, and no fasteners may be attached to any historic trim. (Ord. 009-611, 10-19-2009) http://www.sterlingcodifiers.com/codebooklgetBookData.php?id=&section _id=550718&ke... 3/29/2010 Page 1 of 1 Cindy Muller From: Cindy Muller Sent: Thursday, April 15, 2010 8:28 AM To: 'janietute@aol.com'; 'godsbarn2@gmail.com' Cc: Tina Hansmeier Subject: 305 3rd Street Attachments: use c1ass1.pdf Attached is the Use and Occupancy Classification from the International Building Code. According to the State Building Code, in existing and new buildings, automatic sprinkler systems for new buildings, buildings increased in total floor area (including the existing building), or buildings in which the occupancy classification has changed, must be installed and maintain in operational condition within the structure. Please inform Ken Lewis, Building Official, (Tel: 651-280-6833) of any use proposed for the old liquor store building (305 3rd Street) to determine if this requirement would apply. Thank you. Tina Hunsmeier Economic Development Specialist City (~(F'armingt()n 430 Third 5,'treet Forming/on. MN 5502-1 1'1,'/: fJ5/-2RO-6821 F'ax: 65/-280-6899 4/15/2010 " 'X- ,.--- /," " -/ '/ "/ 1 REVISOR 1306.0020 1306.0020 MUNICIPAL OPTION. Subpart 1. Requirement. The sprinkler system requirements of this chapter, if adopted, must be adopted with the selection of either subpart 2 or 3, without amendment. Subp. 2. Existing and new buildings. Automatic sprinkler systems for new buildings, buildings increased in total floor area (including the existing building), or buildings in which the occupancy classification has changeg., must be installed and maintained in operational condition within the structure. The requirements of this subpart apply to structures that fall within the occupancy classifications established in part .1306.0030, items A to D. Exception: The floor area of minor additions that do not increase the occupant load does not have to be figured into the square footage for occupancy classifications established in part 1306.0030, items A to D. Subp. 3. New buildings. Automatic sprinkler systems for new buildings, additions to existing buildings, or-buildings in which the occupancy classification has changed must be installed and maintained in operational condition within thestIucture. The requirements of this subpart apply to structures that fall within the occupancy classifications established in part 1306.0030, items A to D. Exception: The floor area of minor additions that do not increase the occupant load does not have to be figured into the 'square footage for occupancy classifications established in part 1306.0030, "items A to D. Statutory Authority: MS s 16B.59; 16B.61; 1613.64 History: 27 SR 1479; 32 SR 6 Posted: July 11, 2007 Copyright ~2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. CHAPTER 3 USE AND OCCUPANCY CLASSIFICATION SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall control the classification of all buildings and structures as to use and occu- pancy. SECTION 302 CLASSIFICATION 302.1 General. Structures or portions of structures shall be classified with respect to occupancy in one or more of the groups listed below. A room or space that is intended to be occupied at different times for different purposes shall comply with all of the requirements that are applicable to each of the purposes for which the room or space will be occupied. Struc- tures with multiple occupancies or uses shall comply with Sec- tion 508. Where a structure is proposed for a purpose that is not specifically provided for in this code, such structure shall be classified in the group that the occupancy most nearly resem- bles, according to the :fire safety and relative hazard involved. 1. Assembly (see Section 303): Groups A-I, A-2, A-3, A-4 and A-5 2. Business (see Section 304): Group B 3. Educational (see Section 305): Group E 4. Factory and Industrial (see Section 306): Groups F-I and F-2 5. High Hazard (see Section 307): Groups H-I, H-2, H-3, H-4 and H-5 6. Institutional (see Section 308): Groups 1-1, 1-2, 1-3 and 1-4 7. Mercantile (see Section 309): Group M 8. Residential (see Section 310): Groups R-I, R-2, R-3 and R-4 9. Storage (see Section 311): Groups S-l and S-2 10. Utility and Miscellaneous (see Section 312): Group U .. I SECTION 303 ASSEMBLY GROUP A 303.1 Assembly Group A. Assembly Group A occupancy includes, among others, the use of a building or structure, or a portion thereof, for the gathering of persons for purposes such as civic, social or religious functions; recreation, food or drink consumption; or awaiting transportation. Exceptions: 1. A building used for assembly purposes with an occu- pant load of less than 50 persons shall be classified as a Group B occupancy. 2005 INTERNATIONAL BUILDING COD~ 2. A room or space used for assembly purposes with an occupant load ofless than 50 persons and accessory to another occupancy shall be classified as a Group B occupancy or as part of that occupancy. 3. A room or space used for assembly purposes that is less than 750 square feet (70 m2) in area and is acces- sory to another occupancy shall be classified as a Group B occupancy or as part of that occupancy. Assembly occupancies shall include the following: A-1 Assembly uses, usually with fixed seating, intended for the production and viewing of the performing arts or motion pictures including, but not limited to: Motion picture theaters Symphony and concert halls Television and radio studios admitting an audience Theaters , A-2 Assembly uses intended for food and/or drink con- sumption including, but not limited to: Banquet halls Night clubs Restaurants Taverns and bars A-3 Assembly uses intended for worship, recreation or amusement and other assembly uses not classified else- where in Group A including, but not limited to: Amusement arcades Art galleries Bowling alleys fl~esmreligiousworship I Community halls Courtrooms Dance halls (not including food or drink consump- tion) Exhibition halls Funeral parlors Gymnasiums (without spectator seating) Indoor swimming pools (without spectator seating) Indoor tennis courts (without spectator seating) Lecture halls Libraries Museums Waiting areas in transportation terminals Pool and billiard parlors A-4 Assembly uses intended for viewing of indoor sporting events and activities with spectator seating'including, but not limited to: Arenas Skating rinks Swimming pools Tennis courts 23 USE AND OCCUPANCY CLASSIFICATION A~5 Assembly uses intended for participation in or viewing outdoor activities including, but not limited to: Amusement park structures Bleachers Grandstands Stadiums SECTION 304 BUSINESS GROUP B 304.1 Business Group B. Business Group B occupancy includes, among others, the use of a building or structure, or a portion thereof, for office, professional or service-type transac- tions, including storage of records and accounts. Business occupancies shall include, but not be limited to, the following: Airport traffic control towers Animal hospitals, kennels and pounds Banks Barber and beauty shops Car wash Civic administration Clinic-outpatient Dry cleaning and laundries: pick-up and delivery stations and self-service iii Educational occupancies for students above the 12th grade Electronic data processing Laboratories: testing and research Motor vehicle showrooms Post offices Print shops , Professional services (architects, attorneys, dentists, physicians, engineers, etc.) Radio and television stations Telephone exchanges Training and skill development not within a school or academic program SECTION 305 EDUCATIONAL GROUP E 305.1 Educational Group E. Educational Group E occupancy includes, among others, the use of a building or structure, or a portion thereof, by six or more persons at anyone time for edu- cational purposes through the 12th grade. Religious educa- tional rooms and religious auditoriums, which are ,accessory to I!I places of religious worship in accordance with Section 508.3.1 and have occupant loads of less than 100, shall be classified as A-3 occupancies. 305.2 Day care. The use of a building or structure, or portion thereof, for educational, supervision or personal care services for more than five children older than 21/2 years of age, shall be classified as a Group E occupancy. SECTION 306 fACTORY GROUP IF 306.1 Factory Industrial Group F. Factory Industrial Group F occupancy includes, among others, the use of a building or 24 structure, or a portion thereof, for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair or pro- cessing operations that are not classified as a Group H hazard- ous or Group S storage occupancy. 306.2 Factory Industrial F.l Moderate~hazard Occupancy. Factory industrial uses which are not classified as Factory Industrial F- 2 Low Hazard shall be classified as F-I Moderate Hazard and shall include, but not be limited to, the following: Aircraft Appliances Athletic equipment Automobiles and other motor vehicles Bakeries Beverages; over 12-percent alcohol content Bicycles Boats Brooms or brushes Business machines Cameras and photo equipment Canvas or similar fabric Carpets and rugs (includes cleaning) Clothing Construction and agricultural machinery Disinfectants Dry cleaning and dyeing Electric generation plants Electronics Engines (including rebuilding) Food processing Furniture Hemp products Jute products Laundries Leather products Machinery I Metals Millwork (sash & door) Motion pictures and television filming (without spectators) Musical instruments Optical goods Paper mills or products Photographic film Plastic products Printing or publishing, Recreational vehicles Refuse incineration Shoes Soaps and detergents Textiles Tobacco Trailers Upholstering Wood; distillation Woodworking (cabinet) 306.3 Factory Industrial F -2 Low-hazard Occupancy. Fac- tory industrial uses that involve the fabrication or manufactur- ing of noncombustible materials which during finishing, packing or processing do not involve a significant fire hazard 2006 INTERNATIONAL BUilDING COD~ shall be classified as F- 2 occupancies and shall include, but not be limited to, the following: Beverages; up to and including 12-percent alcohol content Brick and masonry Ceramic products Foundries Glass products Gypsum Ice Metal products (fabrication and assembly) SECTION 307 HiGH=HAZA.RD GROUP H [F] 307.1 High-hazard Group H. High-hazard Group H occu- pancy includes, among others, the use of a building or structure, or a portion thereof, that involves the manufacturing, processing, generation. or storage of materials that constitute a physical or health hazard in quantities in excess of those allowed in control areas constructed and located as required in Section 414. Hazard- oususes are classified in Groups H-l, H-2, H-3, H-4andH-5 and shall be in accordance with this section, the requirements of Sec- tion 415 and the International Fire Code. ExceptiOlllS: The following shall not be classified in Group H, but shall be classified in the occupancy that they most nearly resemble: 1. Buildings and structures that contain not more than the maximum allowable quantities per control area of hazardous materials as shown in Tables 307.1(1) and 307.1 (2), provided that such buildings are main- tained in accordance with the International Fire Code. 2. Buildings utilizing control areas in accordance with Section 414.2 that contain not more than the maxi- mum allowable quantities per control area of haz- ardous materials as shown in Tables 307.1(1) and 307.1(2). 3. Buildings and structures occupied for the applica- tion of flammable finishes, provided that such build- ings or areas conform to the requirements of Section 416 and the International Fire Code. 4. Wholesale and retail sales and storage of flammable and combustible liquids in mercantile occupancies conforming to the International Fire Code. 5. Closed piping containing flammable or combustible liquids or gases utilized for the operation of machin- ery or equipment. 6. Cleaning establishments that utilize combustible liquid solvents having a flash point of 1400F (60oC) or higher in closed systems employing equipment listed by an approved testing agency, provided that this occupancy is separated from all other areas of the building by I-hour fire barriers or I-hour hori- zontal assemblies or both. 7. Cleaning establishments that utilize a liquid solvent having a flash point at or above 2000F (930C). 2006 INTERNATIONAL BUILDING CO!J~ USE AND OCCUPANCY CI..ASSIFlCATION 8. Liquor stores and distributors without bulk storage. 9. Refrigeration systems. 10. The storage or utilization of materials for agricul- tural purposes on the premises. 11. Stationary batteries utilized for facility emergency power, uninterrupted power supply or telecommu- nication facilities, provided that the batteries are provided with safety venting caps and ventilation is provided in accordance with the International Mechanical Code. 12. Corrosives shall not include personal or household products in their original packaging used in retail display or commonly used building materials. 13 Buildings and structures occupied for aerosol stor- age shall be classified as Group S-I, provided that such buildings conform to the requirements of the International Fire Code. 14. Display and storage of nonflammable solid and non- flammable or noncombustible liquid hazardous materials in quantities not exceeding the maximum allowable quantity per control area in Group M or S occupancies complying with Section 414.2.5. 15. The storage of black powder, smokeless propellant and small arms primers in Groups M and R-3 and special industrial explosive devices in Groups B, F, M and S, provided such storage conforms to the quantity limits and requirements prescribed in the International Fire Code. 307.1.1 Hazardous materials. Hazardous materials in any quantity shall conform to the requirements of this code, including Section 414, and the International Fire Code. [F] 307.2 Definitions. The following words and terms shall, for the purposes of this section and as used elsewhere in this code, have the meanings shown herein. AEROSOL. A product that is dispensed from an aerosol con- tainer by a propellant. Aerosol products shall be classified by means of the calcula- tion of their chemical heats of combustion and shall be desig- nated Levell, 2 or 3. Levell aerosol products. Those with a total chemical heat of combustion that is less than or equal to 8,600 British ther- mal units per pound (BtuI1b) (20 kJ/g). Level 2 aerosol products. Those with a total chemical heat of combustion that is greater than 8,600 BtuI1b (20 kJ/g), but less than or equal to 13,000 BtuI1b (30 kJ/g). . Level 3 aerosol products. Those with a total chemical heat combustion that is greater than 13,000 BtuI1b (30 kJ/g). AEROSOL CONTAINER. A metal can or a glass or plastic bottle designed to dispense an aerosol. Metal cans shall be lim- ited to a maximum size of 33.8 fluid ounces (1,000 ml). Glass or plastic bottles shall be limited to a maximum size of 4 fluid ounces (118 ml). BALED COrrON. A natural seed fiber wrapped in and secured with industry accepted materials, usually consisting of 25 USE AND OCCUPANCY CLASSIFICATION burlap, woven polypropylene, polyethylene or cotton or sheet polyethylene, and secured with steel, synthetic or wire bands or wire; also includes linters (lint removed from the cottonseed) and motes (residual materials from the ginning process). BALED CorrON, DENSELY PACKED. Cotton made into banded bales with a packing density of at least 22 pounds per cubic foot (360 kglm3), and dimensions complying with the fol- lowing: a length of 55 inches (1397 :t 20 mm), a width of 21 inches (533.4:t 20 mm) and a height of27.6 to 35.4 inches (701 to 899 mm). BARRICADE. A structure that consists of a combination of walls, floor and roof, which is designed to withstand the rapid release of energy in an explosion and which is fully confined, partially vented or fully vented; or other effective method of shielding from explosive materials by a natural or artificial bar- rier. Artificial barricade. An artificial mound or revetment a minimum thickness of 3 feet (914 mm). Natural barricade. Natural features of the ground, such as hills, or timber of sufficient density that the surrounding exposures that require protection cannot be seen from the magazine or building containing explosives when the trees are bare of leaves. BOILING POINT. The temperature at which the vapor pres- sure of a liquid equals the atmospheric pressure of 14.7 pounds per square inch (psi) (101 kPa) gage or 760 mm of mercury. Where an accurate boiling point is unavailable for the material in question, or for mixtures which do not have a constant boil- ing point, for the purposes of this classification, the 20-percent evaporated point of a distillation performed in accordance with ASTM D 86 shall be used as the boiling point of the liquid. CLOSED SYSTEM. The use of a solid or liquid hazardous material involving a closed vessel or system that remains closed during normal operations where vapors emitted by the product are not liberated outside of the vessel or system and the product is not exposed to the atmosphere during normal opera- tions; and all uses of compressed gases. Examples of closed systems for solids and liquids include product conveyed through a piping system into a closed vessel, system or piece of equipment. COMBUSTIBLE DUST. Finely divided solid material that is 420 microns or less in diameter and which, when dispersed in air in the proper proportions, could be ignited by a flame, spark or other source of ignition. Combustible dust will pass through a U.S. No. 40 standard sieve. COMBUSTIBLE FIBERS. Readily ignitable and free-burn- I ing materials in a fibrous or shredded form, such as cocoa fiber, cloth, cotton, excelsior, hay, hemp, henequen, istIe,jute, kapok, oakum, rags, sisal, Spanish moss, straw, tow, wastepaper, cer- I tain synthetic fibers or other like materials. This definition does not include densely packed baled cotton. COMBUSTIBLE LIQUID. A liquid having a closed cup flash point at or above lOOOF (380C). Combustible liquids shall be subdivided as follows: 26 Class IT. Liquids having a clo~ed cup flash point at or above lOooF (380C) and below 1400F (60oC). Class IllA. Liquids having a closed cup flash point at or above 1400F (60oC) and below 2000F (930C). Class IDB. Liquids having a closed cup flash point at or above 2000F (930C). ~e category of combustible liquids does not include com- pressed gases or cryogenic fluids. COMPRESSED GAS. A material, or mixture of materials which: 1. Is a gas at 68 OF (20oC) or less at 14.7 pounds per square inch atmosphere (psia) (101 kPa) of pressure; and 2. Has a boiling point of 680F (20oC) or less at 14.7 psia (101 kPa) which is either liquefied, nonliquefied or in solution, except those gases which have no other health- or physical-hazard properties are not considered to be compressed until the pressure in the packaging exceeds 41 psia (282 kPa) at 680F (20oC). The states of a compressed gas are categorized as follows: 1. Nonliquefied compressed gases are gases, other than those in solution, which are in a packaging under the charged pressure and are entirely gaseous at a tempera- ture of 680F (20oC). 2. Liquefied compressed gases are gases that, in a packag- ing under the charged pressure, are partially liquid at a temperature of 680F (20oC). 3. Compressed gases in solution are nonliquefied gases that are dissolved in a solvent. 4. Compressed gas mixtures consist of a mixture of two or more compressed gases contained in a packaging, the ~d~pertiesm~~~~es~ted~~pr~~ ties of the mixture as a whole. CONTROL AREA. Spaces within a building where quanti- I ties of hazardous materials not exceeding the maximum allowable quantities per control area ~ stored, dispensed, used or handled. See also the definition of "Outdoor control I area" in the International Fire Code. CORROSIVE. A chemical that causes visible destruction of, or irreversible alterations in,living tissue by chemical action at the point of contact. A chemical shall be considered corrosive if, when tested on the intact skin of albino rabbits by the method described in DOTn 49 CPR, Part 173.137, such a chemical destroys or changes irreversibly the structure of the tissue at the point of contact following an exposure period of 4 hours. This term does not refer to action on inanimate surfaces. CRYOGENIC FLUID. A liquid having a boiling point lower than -150oF (-I01OC) at 14.7 pounds per square inch atmo- sphere (psia) (an absolute pressure of 101 kPa). DAY BOX. A portable magazine designed to hold explosive I materials constructed in accordance with the requirements for a 'JYpe 3 magazine as defined and classified in Chapter 33 of the Interitational Fire Code. 2006 INTERNATIONAL BUilDING COD~ USE AND OCCUPANCY CLASSIFICATION a. r!: E ~ ~ l!! ..9C;; ." '& '0 .. .. .. .. .. ':;l-... 'in mOO ~ ~ .................. <<........< :<: .. ~ ........ ."." ........."C "d 0 ~~ I:IIC o 0 '& ." :q:q::;-,...,...:q,... '&'& t, ~~6'~~~ :qR6'8 ! 0 :z; '0::1 Ct)ooC'l Z Z ..... ..... o o........ZZoZ ..... Ct) Z d'-'C~ d'-'~,...( ZZ 'S~ Ct) Ct) ................ ........ ........ ........ ........ g' ::J z w ~J D. ~ ~ ................ ~ ~ ~ bl) . bO bQ ~ ~ ~ .. :;\",,&8 ~~ :q:q..~~:q~ ." ~~s~~~ 8.s 08 :q l/) Z ~t!, Z Z Z oo.....ZZoZ Z Z Z C'!C'lll"lq ZZ ~ 'D.a 0 o ..... -::I - ;Sa. - 1-- " " ~:2~ ~ ~ ~ ~ ~ ~~~~~~~ 'b< ~ ~ ~ ~~~~~~ ~~~~ ~~ .am Z Z Z Z Z zzzzzzz &:z; z z z zzzzzz zzzz ~z ... .[ ..... ..... I Ul C .2(;) '&"''0 "''''td)bD '" .. ~ "d~ .. ." ':;l-... l/) mOO ~ ~ ." ." ~i .,,'& .,; ~ ........."0 .........0 ~~ C I:IIC 00 :q:q::;-6'~:q~ lI"l................lI"lt2t2 :q........oo C'l(<)C'!. ~ ~ oC'l ~ C'l.....OC'lzz w ~! Z z oo........~ZoZ ZCt) Ct)..... Z d '-'1.0 ~ .~:qq Z~ l/) ..... (<) (<) ..... ........ ................ e, .........~ 9 ..... ................ ........ g' ~ ::J l/) III ~ lJ ........ 1:10 "CI 0 ~ 6'8 ~ ~ ~ .... <..< ~ ~ ~ ." .. "'t2t2 ~~ 8.s :q:q~~,...:q,... :q lI"l." ." lI"l :q." 0 0 Z 00 Z Z Z 00 lI"lZoZ Z Z Z C'l.....OC'lzz .C'l:qo ZZ 'D.a ..... . ..... o lI"l..... o .,; ............. =s ........ cS-- IIlJf " " ~ ~ ~ ~ ~ ~~~~~~~ 8~ ~ ~ ~ ~~~~~~ ~~~~ .,; illS 8~ CJ~m Z z Z Z Z zzzzzzz qZ Z Z Z zzzzzz ZZZZ "1Z a. ..... ..... fu l!! ... .. " ~ ~ .2. " "8 tttJOObO'; bD .. bQUU~ ~ mOO ~ ~ ~i ~~ oS ~ ~~ ." ." ososos........~os~ b~s~~~ oS .,; ........8 I:IIC ~~C'l ~ ~ ~ ..-.sO :2S C'l (<) . Z Z ::;-::;-G1~z::;-z ZCt) Ct)C'l Z c,~~ .. z~ ~ g.a .....Ct)(<) '-" ......... '-'" '-' '-' ..... ,-,,-,tn,...... ..... ..... ................ '-",-,~ l/) ::J Ul 1!i 8~ d till or bD bO " ~~i~~~ " ':r S"g ~ ~ ~ .. .. .. ~ ~ ~ .,; .. " .,; 8 ~~ .,; oS oS oS oS"; oS oS :q oS~O lZ._ Z lI"l Z Z ..........lI"l~:q.....'!. Z Z Z .....lI"lll"l:q ZZ 'D.a ..... . C'l ..........:q.,; ............. ..... ..... =s ........ ..... ..... cS-- ili~~!!2c (<) (<) <? :i;~m :i::i: C'l Ct) Ct) .....:I:Ct)< ........~ Ct) Ct) C'l (<) ,......,......~('f"lC'f'1,......'I""""f C'l ~:i: ~:i: ~ ..~<?<?~~ Ct) ~ 0 (,) ~~z :i: :i: :i: :i: :i::i:.....:i::i::i::i: :i: :I:.... :I::I::I::I:ZZ :i:~:i::z; :i: ffi~~5t1 :i::i: o:i: ~ 0 :i: "'"iC'!t<'!"d:5?"1\C! ~'3 (,) g] ~ ,......,......,.............. . '1""""'1 '1""""'1 ..... ~s~ ~1s 5? ~ ~ 8888';;88 gtg ~i ~ ~ @,....~S~> '<t ~ C'l ..... o~ ....; Z Z :~:~:~:~:E:~:~ 8S z Z u ~ (,) 3.0 is is is is .~ is is !:Q 8S ..... t:l '" ~ I i 19 ~ :fs ~ ~ % .S ~ if t:1' 18 ~ .~ 'S "0 i :::l ~ t:1' ~ . :::l .~ 0 =!:Q 0 ~ ~ ~ t!:ll:i' :::l '" 0 ~ if I ] 0..... 1 ~ :fl :fl ~ ~ ~ :~~ 'S 'S > A. ~ I ~ J ~ ~ ..... 0 '" .~ "S a8 0 -a] 0 r~ i 0 o . e 8]' g .~ .~ (,) (,) (,)(,) (,) rI:: 0 0 ~ ~ .~ 8 '- ..J ~ ~ :c 0. .c CJ z en o 0. ~ a: i fI) :J ......0 :Co ~a: ~~ ~~ Ii:':i .....a: ~ ..J ~ o o a: w 0. I a w ..J lD ~ o ..J ..J ~ a ::l a ~ - 2006 INTERNATIONAL BUILDING COD~ 27 USE AND OCCUPANCY CLASSIFICATION III C ... ..2r;; ~ 'd 'd ~~ Ul iii" ~~O~ I l:IIC 0 ........0 ,,=' d'-'C Ce, :ig '-' .g z: W 1Il~ a. ~j ~ .. 'd 'd ~ 8.,g 0 tn"'d '0 ~ ~ C'i....S ....0 "J:1 0 .... =a! Ul 1i~ .. bJ) 0 .d 1ll:2~ or or .0. 0 ~ <<< 0 zzz Cl.g1ij .... NS~ ~ ~ ~ l!! .2i .. Ul .. ........ 'd 'd ~;i iiic to ................~ Q l:II=, ........ N....OZ ........0 W .... ~~ ~g '-' . '-' to Ul o '-' 9 '-' I:T ~ :J Ul .s~ :J !iJ! .. 8.0 .. ~~~;i 'd'&;i .... tOtO "J:1 0 -=' ~~ 1i~ .. ~i~~ ~~~ 1Il-~ 1\10 or Cl:Ei.. 0 zzz lea to ....tO~ III "lu c Cl .52U; .. .. " " " " ~ iii" or or .0 .0 ;i .0.0 ~ l:IIC ........ ..-...-..8 ........0 ,,=' ~ :i! ::!. e,~~ ~~ I:T :J .so !iJ! .. bJ) Q) Q) ;@ ~~~ 8.,g ~ or .0 'b "J:1 ....tOtO tOtO :sA. Ul iIH!i~2ZQ N ~2~~W ....::t=c<'l< . ~~:!: Hi N. Nc<'l<. ::t= ::t=!g::t=Z ::t=::t=Z :J 0 U .... ~w:bt1 ::t= Clj5<l:O ~ ~ "'<tc<'lN.... ci'lN":-' U Z ...I <a '0' <l: .i:l if ~ > '<=1 ~ ! II) s .~ 0 ~ .i:l II) 0 J t ~ 1: ~ a. .: E ~ I ....I c1 en >- :c D. c( CJ :z en o D. t/) ....I S a: ~ 1l:!E :::It/) c~ i!o 00 Ia: ~~ l:;u. C'?O ~~ IDa: ~c( !!;:6 .~ o (,) a: w D. I a ~ ID ~ 9 ....I <C :!E ~ :!E ~ 2.8 i~o 1 1 ~'~.a Ol.o 5 5 (3 ~ ~ ~ ] .6.6 ~ & '" ~G) ~ ~ ti: g l 1~ j j 1 ~ ~ ] ~ 8: 8: t: ~ .6 e.~ ~ ~ ~ oS' ~ ~G) -a -a .... If ~~ rg'" G) "" ~ ~ ~~ ~ ~ oS 8 ~~ z z .~.~ ~ ~i ~, ~ o~ 1 1 f ~ ~ r .l~.~ ~ ~ .0 c<>:.- B ! C'j ~~ 0 t- ~ v 8 .s ~ ~ ~ 0 ~ ~ ~~ .g ~ j 1 ~ ~ 1 .r~~~~ :8 o~ ~ ~ ~ ~ '" ~ .~ [it ~ ]~ 8 ].~ ~ ~ ~ ~ ~o ~ ~ rg e ~ v ;a $- . 'E ] f'J ~ ~ i ] .6ij . ~ j ~ ~.~ ~ ~ .6 a rg 6 .~ I>' \0... 0 3' } 8.~ .s - 8 . ] .s.~ ~ J ~~~i J ~~ ~ i 1 ~~lu p.oSb.II~ c:l ~~ S i:l ~ ~v a~:@~ gj 6"1.~ i:I tj:j ti:8 iB ~r~ ~ OB~] ~ ~ ~ 1.~~ !8!1 J &I~I I ~ t~~ ~.~ ~ ~ ~ i~ ~ ....]G);g. j :~ ~ .~ i . ~ ~ ~lEiJ~ :i 0 ~ ~ -a ~ ~.~g -8(3(3 ~ 8 ~ G) 1>'" iil 8 G) .... .", 8_ 2 i:I .6 G) "" i:I .s e:!< G) .~ ~ ~ ~]8~ 'B I~~B ~ .~ ~8s~ ~G.~ .~G)o;;ll>' a'S"'og ~ ..i:l N i:I oS-] ]~61 ~ ooo~ 1 I ~~~ ilu ~.; 2 ~] i i ~ ~ ~ ~ ~ ~ ~ ~.~ ~.. 81 ~ 18~S~ 1 ~S",8....i G) ~t=~ ~i1 ~~t:i~l i ~1~~!1 ~ t!~1 ~~1 '<=<~ bile:!< !ij< I ~....OS 3:6 'Eh l"Il ",f!l & 6 ~ ~ ]1 II S 11~~B~i ~ ~~~s I' i~ . :a~]P<'" ~ ~. !a~]c<> ~ o~~ >.~ ...:lG) .e;.p<~~i ~ oS ]~..cl~ ~ ~06e~ .0>. n Hui j lHJ~J i ~'1n ili I~ ;I~I~ I ~~ill~ ~ ~G)ji i~e b.II~ . a ~ ~ g ~ 8. i ~ ~ s ~ ~ ~ ~ I ~ ! ~ B ~] ~'O 8 "'0 0 ]oS &:El!~ ~ );'~ "'oS !'i];.cI~ ,~ D!~~S ~ ~~lls~ ~ 11~1]1~~ ~ II ~ ~~~1 ~ .61~ ~.~~]~ 8.)4~'B ~ s]i ~~~il~llt~tl~i~~II~ !r~-8~~l~ ]s~ ~.a ~1:B'~.8.~~oS ~..e;.~<si:~ ~o 6'.6 B ~ 1 ~ i .i i Ii] ~ 1 ~ 1 i l'~ t f 1 ~ t J:; j i ~ ~ i i "'s <( l"Il G) l').... G) .B ~ .B ~ g If G) ~:a 8. G) U G) '01 a i .6 .6 ~ ~ 83f!LcO~.0 .0 .a"'oSI60W] :0 ii'llll.Elb.ll gz ~.6~.B&S~~] ~.~S' :~~]!;/ ~ 8.8<i::<i::.~.~ d II ~ .e;.,goi3liiJ g,,,, &1'.00 '6 oS 3~': ~ . >. 8 rg rg .s. ~~~ij~~~IIIIj]a~~~IO~ iiJi~~~~ .s oi:f g 6< ~ G) s ~ i i:l= i 0'.6 a b.II !a ~ ~ g ""] In ~ ~ <i:: !l .~.s ~ ~ .~ oS.] ~ ~ ~ ~ ~ € D :@ oa & ~ 1f ~ ~ .~ ~ ~ ~ ~ .g] b.II~~ Eob.ll] ~~""i?:lrgG)~g'g.'g.g.g. ~"8 1 i it b.II.1 1.1 ~ "1.1 :1 ~ :~ .~ 11.8 i f ~ ~ ~ ~ ~ ~ ~j~~~~]~j~j~~8~~<(~~~~~~~~NC<>V II<;Z; ".0 0 -d G) '+'i b.II..r::l...;...;,;.l .....l E s:l 0 I'. - 2006 INTERNATIONAL BUILDING COD~ USE AND OCCUPANCY CLASSIfiCATION [F] TABLE 307.1 (2) MAXIMUM ALLOWABLE QUANTITY PIER CONTROL AREA OF HAZARDOUS MATERIAL POSING A HEALTH HAZARoa.b.c,1 STORAGE" USE-CLOSED SYSTEMs<! USE-oPEN SYSTEMs<! Solid pounds"' f Uquld gallons Gas (cubic feet Uquld gallons Gas (cubic feet Uquld gallons MATERIAL (pounds)"' f at NTP)8 Solid pounds8 (pounds)8 at NTP)8 Solid pounds8 (pounds)8 Corrosive 5,000 500 81Qt;g 5,000 500 81Qf. g 1,000 100 Highly toxic 10 (lOY 20" 10 (IOY 2()h 3 (3)i Toxic 500 (500Y 81(1 500 (5oo)i 810f 125 (125)i For SI: 1 cubic foot = 0.028 m3, 1 pound = 0.454 kg, 1 gallon = 3.785 L. a. For use of control areas, see Section 414.2. b. Inretail and wholesale sales occupancies, the quantities of medicines, foodstuffs, consumerorindus1rial products, and cosmetics, containing not more than 50 per- cent by volume of water-miscible liquids and with the remainder of the solutions not being flammable, shall not be limited, provided that such materials are pack- aged in individual containers not exceeding 1.3 gallons. c. For storage and display quantities in Group M and storage quantities in Group S occupancies complying withSection 414.2.4, see Table 414.2.4(1). d. The aggregate quantity in use and storage shall not exceed the quantity listed for storage. e. Quantities shall be increased 100 percent in buildings equipped throughout with an approved automatic sprinkler system in a=dance with Section 903.3.1.1. Where Note f also applies, the increase for both notes shall be applied accmp.ulatively. f. Quantities shall be increased 100 percent when stored in approved storage cabinets. gas cabinets or exhausted enclosures as specified in the International Fire Code. Where Note e also applies, the increase for both notes shall be applied accumulatively. g. A single cylinder containing 150 pounds or less of anhydrous ammonia in a single control area in a nonsprinklered building shall be considered amaximum allow- able quantity. Two cylinders, each containing 150 pounds or less in a single control area, shall be considered a maximum allowable quantity provided the building is equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1. h. Allowed only when stored in approved exhausted gas cabinets or exhausted enclosures as specified in the International Fire Code. i. Quantities in parenthesis indicate quantity units in parenthesis at the head of each column. j. For gallons of liquids, divide the amount in pounds by 10 in accordance with Section 2703.1.2 of the International Fire Code. DEFLAGRATION. An exothermic reaction, such as the extremely rapid oxidation of a flammable dust or vapor in air, in which the reaction progresses through the unburned material at a rate less than the velocity of sound. A deflagration can have an explosive effect. DETACHED BUILDING. A separate single-story building, without a basement or crawl space, used for the storage or use of hazardous materials and located an approve4 distance from all structures. DETONATION. An exothermic reaction characterized by the presence of a shock wave in the material which establishes and maintains the reaction.. The reaction zone progresses through the material at a rate greater than the velocity of sound. The principal heating mechanism is one of shock compression. Detonations have an explosive effect. . DISPENSING. The pouring or transferring of any material from a container, tank: or similar vessel, whereby vapors, dusts, fumes, mists or gases are liberated to the atmosphere. EXPLOSIVE. Any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion. The term includes, but is not limited to, dYnamite, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonatirig cord, igniter cord, igniters and display fireworks, 1.3G (Class B, Special). The term "explosive" includes any material deterniined to be within the scope ofUSC Title 18: Chapter 40 and also includes any material classified as an explosive other than consumer :fireworks, l.4G (Class C, Common) by the hazardous materi- als regulations of DOTn 49 CPR. High explosive. Explosive material, such as dynamite, which can be caused to detonate by means of a No.8 test blasting cap when uncontiiled. 2005 INTERNATIONAL BUilDING COD~ Low explosive. Explosive material that will burn or defla- grate when ignited. It is characterized by a rate of reaction that is less than the speed of sound. Examples of low explo- sives include, but are not limited to, black powder; safety fuse; igniters; igniter cord; fuse lighters; fireworks, 1.3G (Class B, Special) and propellants, 1.3C. Mass-detonating explosives. Division 1.1, 1.2 'and 1.5 explosives alone or in combination, or loaded into varioUs types of ammunition or containers, most of which can be expected to explode virtually instantaneously when a small portion is subjected to fire, severe concussion, impact, the impulse of an initiating agent or the effect of a considerable discharge of energy from without. Materials that react in this manner represent a mass explosion hazard. Such an explosive will normally cause severe structural damage to adjacent objects. Explosive propagation could occur imme- diately to other items of ammunition and explosives stored sufficiently close to and not adequately protected from the initially exploding pile with a time interval short enough so that two or more quantities must be considered as one for quantity-distance purposes. UNIDOTn Class 1 explosives. The former classification system used by DOTn included the terms ''high'' and "low" explosives as defined herein. The following terms further define explosives under the current system applied by DOTn for all explosive materials defined as hazard Class 1 materials. Compatibility group letters are used in concert with the division to specify further limitations on each divi- sion noted (i.e., the letter G identifies the material as a pyro- technic substance or article containing a pyrotechnic substance and similar materials). Division1.!. Explosives that have a mass explosion haz- ard. A mass explosion is one which affects almost the entire load instantaneously. 29 USE AND OCCUPANCY CLASSIFICATION Division 1.2. Explosives that have a projection hazard but not a mass explosion hazard. Division 1.3. Explosives that have a fire hazard and either a minor blast hazard or a minor projection hazard or both, but not a mass explosion hazard. Division 1.4. Explosives that pose a minor explosion hazard. The explosive effects are largely confined to the package and no projection of fragments of appreciable size or range is to be expected. An external fire must not cause virtually instantaneous explosion of almost the entire contents of the package. Division 1.5. Very insensitive explosives. This division is comprised of substances that have a mass explosion hazard, but that are so insensitive there is very little prob- ability of initiation or of transition from burning to deto- nation under normal conditions of transport. Division 1.6. Extremely insensitive articles which do not have a mass explosion hazard. This division is comprised of articles that contain only extremely insensitive deto- nating substances and which demonstrate a negligible - probability of accidental initiation or propagation. FIREWORKS. Any composition or device for the purpose of producing a visible or audible effect for entertainment pur- poses by combustion, deflagration or detonation that meets the definition of lAG fireworks or 1.3G fireworks as set forth herein. FIREWORKS, I.3G. (Formerly Class B, Special Fireworks.) Large fireworks devices, which are explosive materials, intended for use in fireworks displays and designed to produce audible or visible effects by combustion, deflagration or deto- nation. Such I.3G fireworks include, but are not limited to, fire- crackers containing more than 130 milligrams (2 grains) of explosive composition, aerial shells containing more than 40 grams of pyrotechnic composition, and other display pieces which exceed the limits for classification as lAG fireworks. Such 1.3G fireworks are also described as fireworks, UN0335 by the DOTn. FIREWORKS, 1.4G. (Formerly Class C, Common Fire- works.) Small fireworks devices containing restricted amounts of pyrotechnic composition designed primarily to produce vis- ible or audible effects by combustion. Such lAG fireworks which comply with the construction, chemical composition and labeling regulations of the DOTn for fireworks, UN0336, and the U.S. Consumer Product Safety Commission (CPSC) as set forth in CPSC 16 CPR: Parts 1500 and 1507, are not explo- sive materials for the purpose of this code. FLAMMABLE GAS. A material that is a gas at 680F (20oC) or less at 14.7 pounds per square inch atmosphere (psia) (101 kPa) of pressure [a material that has a boiling point of 680F (20oC) or less at 14.7 psia (101 kPa)] which: 1. Is ignitable at 14.7 psia (101 kPa) when in a mixture of 13 percent or less by volume with air; or 2. Has a flammable range at 14.7 psia(101 kPa) with air of at least 12 percent, regardless of the lower limit. 30 The limits specified shall be determined at 14.7 psi (101 kPa) of pressure and a temperature of 680F (20oC) in accordance with ASTM E 681. FLAMMABLE LIQUEFIED GAS. A liquefied compressed gas which, under a charged pressure, is partially liquid at a tem- perature of 680F (20oC) and which is flammable. FLAMMABLE LIQUID. A liquid having a closed cup flash point below 1000F (380C). Flammable liquids are further cate- gorized into a group known as Class I liquids. The Class I cate- gory is subdivided as follows: Class IA. Liquids having a flash point below 730F (230C) and a boiling point below 1000F (380C). Class m. Liquids having a flash point below 730F (230C) and a boiling point at or above 1000F (380C). Class IC. Liquids- having a flash point at or above 730F (230C) and below 1000F (380C). The category of flammable liquids does not include com- pressed gases or cryogenic fluids. FLAMMABLE MATERIAL. A material capable of being readily ignited from common sources of heat or at a temperature of 6000F (3160C) or less. - FLAMMABLE SOLID. A solid, other than a blasting agent or explosive, that is capable of causing fire through friction, absorption or moisture, spontaneous chemical change, or retained heat from manufacturing or processing; or which has an ignition temperature below 2120F (lOOoC) or which burns so vigorously and persistently when ignited as to create a serious hazard. A chemical shall be considered a flllmmllble solid as determined in accordance with the test method of CPSC 16 CPR; Part 1500.44, if it ignites and burns with a self-sustained flame at arate greater than 0.1 inch (2.5 mm) per second along its major axis. FLASH POINT. The minimum temperature in degrees Fahren- heit at which a liquid will give off sufficient vapors to form an ignitable mixture with air near the surface or in the container, but will not sustain combustion. The flash point of a liquid shall be determined by appropriate test procedure and apparatus as spec- ified in ASTM D 56, ASTM D 93 or ASTM D 3278. HANDLING. The deliberate transport by any means to a point of storage or use. HAZARDOUS MATERIALS. Those chemicals or substances that are physical hazards or health hazards as defined and classi- fied in this section and the International Fire Code, whether the materials are in usable or waste condition. HEALTH HAZARD. A classification of a chemical for which there is statistically significant evidence that acute or chronic health effects are capable of occurring in exposed persons. The term ''health hazard" includes chemicals that are toxic or highly toxic, and corrosive. mGHLY TOXIC. A material which produces a lethal dose or lethal concentration that falls within any of the following catego- ries: 1. A chemical that has a median lethal dose (IDsO> of 50 mil- ligrams or less per kilogram of body weight when admin- 2006 INTERNATIONAL BUILDING COD~ istered orally to albino rats weighing between 200 and 300 grams each. 2. A chemical that has a median lethal dose (LDSO> of 200 milligrams or less per kilogram of body weight when administered by continuous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between 2 and 3 kilograms each. 3. A chemical that has a median lethal concentration (LCso) in air of 200 parts per million by volume or less of gas or vapor, or 2 milligrams per liter or less of mist, fume or dust, when administered by continuous inhalation for 1 hour (or less if death occurs within 1 hour) to albino rats weighing between 200 and 300 grams each. Mixtures of these materials with ordinaxy materials, such as water, might not warrant classification as highly toxic. While this system is basically simple in application, any hazard evalua- tion that is required for the precise categorization of this type of material shall be performed by experienced, technically compe- tent persons. INCOMPATIBLE MATERIALS. Materials that, when. mixed, have the potential to react in a manner that genera~es- heat, fumes, gases or byproducts which are hazardous to life or property. OPEN SYSTEM. The use of a solid or liquid hazardous mate- rial involving a vessel or system that is continuously open to the atmosphere during normal operations and where vapors are liberated, or the product is exposed to the atmosphere during normal operations. Examples of open systems for solids and liquids include dispensing from or into open beakers or con- tainers, dip tank and plating tank operations. OPERATING BUILDING. A building occupied in conjunc- tion with the manufacture, transportation or use of explosive materials. Operating buildings are separated from one another with the use of intraplant or intraline distances. ORGANIC PEROXIDE. An organic compound that contains the bivalent -0-0- structure and which may be considered to be a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms have been replaced by an organic radi- cal. Organic peroxides can pose an explosion hazard (detona- tion or deflagration) or they can be shock sensitive. They can also decompose into various unstable compounds over an extended period of time. Class L Those formulations that are capable of deflagration but not detonation. Class II. Those formulations that burn very rapidly and that pose a moderate reactivity hazard. Class III. Those formulations that burn rapidly and that pose a moderate reactivity hazard. Class Iv. Those formulations that burn in the same manner as ordinary combustibles and that pose a minimal reactivity hazard. Class 'Y. Those formulations that burn with less intensity than ordinaxy combustibles or do not sustain combustion and that pose no reactivity hazard. 2006 INTERNATIONAL BUILDING COD~ USE AND OCCUPANCY CLASSIFICATION Unclassified detonable. Organic peroxides that are capable of detonation. These peroxides pose an extremely high explosion hazard through rapid explosive decomposition. OXIDIZER. A material that readily yields oxygen or other oxidizing gas, or that readily reacts to promote or initiate com- bustion of combustible materials. Examples of other oxidizing gases include bromine, chlorine and fluorine. Class 4. An oxidizer that can undergo an explosive reaction due to contamination or exposure to thermal or physical shock. Additionally, the oxidizer will enhance the burning rate and can cause spontaneous ignition of combustibles. Class 3. An oxidizer that will cause a severe increase in the burning rate of combustible materials with which it comes in contact or that will undergo vigorous self-sustained decomposition due to contamination or exposure to heat Class 2. An oxidizer that will cause a moderate increase in the burning rate or that causes spontaneous ignition of com- bustible materials with which it comes in contact Class 1. An oxidizer whose primary hazard is that it slightly increases the burning rate but which does not cause sponta- neous ignition when it comes in contact with combustible materials. OXIDIZING GAS. A gas that can support and accelerate combustion of other materials. PHYSICAL HAZARD. A chemical for which there is evi- dence that it is a combustible liquid, compressed gas, cryo- genic, explosive, flammable gas, flammable liquid, flammable solid, organic peroxide, oxidizer, pyrophoric or unstable (reac- tive) or water-reactive material. PYROPHORIC. A chemical with an autoignition tempera- ture in air, at or below a temperature of 1300P (54.40C). PYROTECHNIC COMPOSmON. A chemical mixture that produces visible light displays or sounds through a self-propagating, heat-releasing chemical reaction which is initiated by ignition. TOXIC. A chemical falling within any of the following cate- gories: 1. A chemical that has a median lethal dose (LDsO> of more than 50 milligrams per kilogram, but not more than 500 milligrams per kilogram of body weight when adminis- tered orally to albino rats weighing between 200 and 300 grams each. 2. A chemical that has a median lethal dose (LDsO> of more than 200 milligrams per kilogram but not more than 1,000 milligrams per kilogram of body weight when administered by continuous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between 2 and 3 kilograms each. 3. A chemical that has a median lethal concentration (LCso) in air of more than 200 parts per million but not more than 2,000 parts per million by volume of gas or vapor, or more than 2 milligrams per liter but not more than 20 mil- ligrams per liter of mist, fume or dust, when adminis- tered by continuous inhalation for 1 hour (or less if death 31 USE AND OCCUPANCY CLASSIFICATION I occurs within 1 hour) to albino rats weighing between 200 and 300 grams each. UNSTABLE (REACTIVE) MATERIAL. A material, other than an explosive, which in the pure state or as cqn;unercially produced, will vigorously polymerize, decompose, condense or become self-reactive and undergo other violent chemical changes, including explosion, when exposed to heat, friction or shock, or in the absence of an inhibitor, or in the presence of contaminants, or in contact. with, incompatible materials. Unstable (reactive) IIlatenal~ are subdivided as follows: Class 4. Materials that in themselves are readily capable of deto:qation or explosive decomposition or explosive reac- ,tion at normal temperatures and pressures. This class includes materials that are sensitive to mechanical or local- ized thermal shock at nopnal temperatures and pressUres. Class 3. Materials that in themselves are capable of detona- tion or of explosive decomposition or explosive reaction but which require a strong initiating source or which must be _,heated under confinement before initiation. This class includes materials that are sensitive to thermal or mechani- cal shock at elevated temperatures and pressures. Class 2. Materials that in themselves are normally unstable and readily undergo violent chemical change but do riot det- onate. This class includes materials that can undergo chemi- cal change with rapid release of, energy at. normal temperatures and pressures, and that can undergo violent chemical change at elevated temperatures and pressures. Class 1. Materials that in themselves are normally stable but ,which can become unstable at elevated temperatures and pressure. WATER-REACTIVE MATERIAL. A material that explodes; violently reacts; produces flammable, toxic or other hazardous gases; or evolves enough heat to cause autoignition or ignition of combustibles upon exposure to water or mois- ture. Water-reactive materials are subdivided as follows: Class 3. Materials that react explosively with water Vl:'ithout requiring heat or confinement. CIaSs 2. Materials that react violently with water or have the ability to boil, water. M~terials 1;hat produce ,flammable, toxic or other hazardous gases or evolve enough heat to cause autoignitioQ or ignition of combustibles upon' expo- sure to water or moisture. ' Class 1. Materials that react with water with some release of , energy, but not violently. [F] 307.3 IDgh-hazard Group B-1. Buildings and structures containing materials that pose a detonation hazard shall be classified as Group H-1. Such materials shall include, but not be limited to, the following: Explosives: Division 1.1 Division 1.2 Division 1.3 Exception: Materials that are used and maintained in a form where either confinement or configuration will 32 not elevate the hazard from a mass fire to massexplo- sion hazard shall be allowed in H-2 occupancies. Division 1.4 Exception: Articles, including articles packaged for shipment, that are not regulated as an explosive under Bureau of Alcohol, Tobacco and Firearms regula- tions, or )lD.packaged articles used in process opera- tit?ns that do not propagate a lletonati'on or deflagration between articles shall be allowed iD.H-3 occupancies. .", Division 1.5 Division 1.6 Organic peroxides, unclassified detonable Oxidizers, Class 4 ' Unstable (reactive) materials, Class 3 detonable and Class 4 , Detonable pyrophoric materials [F] 307.4 High-hazard Group B-2. Buildings and structures containing materials that pos,e a deflagration hazard or a hazard from accelerated burning shall be classified as Group H-2. Such materials shall include, but not be ~ted to, the follow- ing: 'Class I, IT or IllA flammable or combustible liquids which are used or stored in normally open containers or systems, or in closed containers or systems pressurized at more than 15 psi (103.4 kPa) gage. ' Combu~tible dusts . .. Gryogenic :fluids; flammable Flammable gases ' Organic peroxides, Class I Oxidizers, Class 3, that are used or storedin normally open containers or systems, orin closed containers or systems pressurized at more than 15 psi (103 kPa) gage Pyrophoric liquids, solids and gases, nondetonable Unstable (reactive) materials~ Class 3, nondetonable Water-reactive materialS, Class 3 [F] 307.s IDgh-hazard Group B-3. Buildings and structures containing materials that readily support combustion or that ' pose a physical hazard shall be classified as Group H-3. Such materials shall include, but not be limited to, the following: Class I, IT or IllA flammable or combustible liquids that are used or stored in normally closed containers or systems pressurized at 15 pounds per square inch gauge (103.4 kPa) or less Combustible fibers, other than densely packed baled cotton I Consumer fireworks, I.4G (Class C, Common) Cryogenic;: fluids, oxidizing , Flammable soUds Organic peroxides, Class IT and ill Oxidizers~ Class 2 Oxidizers, Class 3, that are used'or stored in normally closed containers or systems pressurized at 15 pounds per , square inch gauge (103 kPa) or less Oxidizing gases Unstable (reactive) materials, Class 2 Water-reactive materials, Class 2 2006 INTERNATIONAL BUILDING COD~ [F] 307.6 High~hazard Group H-4. Buildings and structures which contain materials that are health hazards shall be classi- fied as Group H-4. Such materials shall include, but not be lim- ited to, the following: Corrosives Highly toxic materials Toxic materials ~ ~07.7 Higb.~hazard Group H-5 structures. Semiconduc- tor fabrication facilities and comparable research and develop- ment areas in which hazardous production materials (HPM) are used and the aggregate quantity of materials is in excess of those listed in Tables 307.1(1) and 307.1(2) shall be classified as Group H-5. Such facilities and areas shall be designed and constructed in accordance with Section 415.8. [F] 307.8 Multiple hazards. Buildings and structures containing a material or materials representing hazards that are classified in one or more of Groups H-l, H-2, H-3 andH4 shall conform to the code requirements for each of the occupancies so classified. SECTION 308 . INSTITUTIONAL GROUP I 308.1 Institutional Group L Institutional Group I occupancy includes, among others, the use of a building or structure, or a portion thereof, in which people are cared for or live in a super- vised environment, having physical limitations because of health or age are harbored for medical treatment or other care or treatment, or in which people are detained for penal or cor- rectional purposes or in whi:ch the liberty of the Occupants is restricted. Institutional occupancies shall be classified as Group 1-1,1-2,1-3 or 14. 308.2 Group I-I. This occupancy shall include buildings, structures or parts thereof housing more than 16 persons, on a 24-hour basis, who because of age, mental dis~ility or other reasons, live in a supervised residential environment that pro- vides personal care services. The occupants are capable of responding to an emergency situation without physical assis- tance from staff. This group shall include, but not be limited to, the following: . Residential board and care facilities Assisted livjng fac;ilities Halfway houses' . Group homes . Congregate care facilities Social rehabilitation facilities Alcohol and drug centers Convalescent facilities A facility such as the above with five or fewer persons shall be classified as a Group R-3 or shall'comply with the Interna- tional Residential Code in accordance with Section 101.2. A facility such as above, housing at least six and not more than 16 persop.s, shall be classified as Group R4. 308.3 Group 1~2. This occupancy shall include buildings and structures used for medical, surgical, psychiatric, nursing or custodial care on a 24-hour basis for more than five persons who are not capable of self-preservation. This group. shall include, but not be limited to, the following: 20061NTIERNATIONAL BUILDING COD~ USE AND OCCUPANCY CLASSIFlC~npN Hospitals Nursing homes (both intermediate care facilities and skilled nursing facilities) Melital hospitals Detoxification facilitieS A facility such as the above with five or fewer persons shall be classified !is Group R-3 or shall comply with the In(erna- tional Residential Code in accor~ce with S~tion 101.2. 308.3.1 Child care faeiIity. A child care facility that pro- vides care on a 24-hour basis to more than five children 21/2 years of age or less shall be classified ~ Group 1-2. 308.4 Group 1-3. This occupancy shall include buildings and structures that are inhabited by more than five persons who are under restraint or security. An 1-3 facility is occupied by Per- sons' who are generally incapable of self-pteservation due to security measures not under the occupants' control. This group shall include, but not be limited to, the following: Prisons Jails Reformatories Detention centers Correctional centers Prerelease centers Buildings of Group 1-3 shall be classified as one of the occu- pancy conditions indicated in Sections 308.4.1 through 308.4.5 (see Section 408.1). 308.4.1 Condition 1. This occupancy condition shall include buildings in which free movement is allowed from sleeping areas, and other spaces where access or occupancy is permitted, to the exterior via means of egress without restraint. A Condition 1. facility is. perm.itted to be con- structed as Group R. 308.4.2 Condition 2. This occupancy condition shall include buildings' in which free movement is allowed from sleeping areas and any other occupied smoke compartment to one or more other smoke compartments. Egress to the exterior is iID.peded by locked exits. 308.4.3 Condition 3. This occupancy condition shall . include buildings in which free movementis.allowed within (. individual smoke compartments, such as within a residen- : . tial unit comprise4 of fudividual sleeping unitS and group .i activity spaces, where egress is impeded by remote-con- .' trolled release of means of egress from such a smoke com- ". partment to another smoke compartment. 308.4.4 Condition 4. This occupancy condition shall . include buildings in which free movement is restricted from an occupied space. Remote-controlled release is provided to permit movement from sleeping units, activity spaces and other occupied areas within the smoke compartment to other smoke compartments. 308.4.5 Condition 5. This occupancy condition shall include buildings in which free movement is restricted from an occupied space. Staff-controlled manual release is pro- vided to permit movement from sleepmg units, activity spaces and other occupied areas within the smoke compart- ment to other smoke compartments. 33 USE AND OCCUPANCY CLASSIFICATION 308.5 Group 1-4, day care facilities. This group shall include buildings and structures occupied by persons of any age who receive custodial care for less than 24 hours by individuals other than parents or guardians, relatives by blood, marriage or adoption, and in a place other than the home of the person cared for. A facility such as the above with five or fewer persons shall be classified as a Group R-3 or shall comply with the Interna- tional Residential Code in accordance with Section 101.2. Places of worship during religious functions are not included. 308.5.1 Adult care facility. A facility that provides accom- modations for less than 24 hours for more than five unre- lated adults and provides supervision and personal care services shall be classified as Group 1-4. Exception: A facility where occupants are capable of responding to an emergency situation without physical assistance from the staff shall be classified as Group A-3. 308.5.2 Child care facility. A facility that provides supervi- sion and personal care on less than a 24-hour basis for more than five children 21f2 years of age or less shall be classified as Group 1-4. Exception: A child day care facility that provides care for more than five but no more than 100 children 21/2 years or less of age, when the rooms where such children are cared for are located on the level of exit discharge and each of these child care rooms has an exit door directly to the exterior, shall be classified as Group E. SECTION 309 MERCANTILE GROUP M 309.1 Mercantile Group M. Mercantile Group M occupancy includes, among others, buildings and structures or a portion thereof, for the display and sale of merchandise, and involves stocks of goods, wares or merchandise incidental to such pur- poses and accessible to the public. Mercantile occupancies shall include, but not be limited to, the following: Department stores Drug stores Markets Motor fuel-dispensing facilities Retail or wholesale stores Sales rooms 309.2 Quantity of hazardous materials. The aggregate quan- tity of nonflammable solid and nonflammable or noncombustible liquid hazardous materials stored or displayed in a single control area of a Group M occupancy shall not exceed the quantities in Table 414.2.4(1). SECTION 310 RESIDENTIAL GROUP R 310.1 Residential Group R. Residential Group R includes, among others, the use of a building or structure, or a portion thereof, for sleeping purposes when not classified as an Institu- tional Group 1 or when not regulated by the International Resi- 34 dential Code in accordance with Section 101.2. Residential occupancies shall include the following: .' Rat Residential occupancies containing sleeping units where the occupants are primarily trans-ient in nature, including: . Boarding houses (transient) Hotels (transient) Motels (transient) Ra2 Residential occupancies containing sleeping units or more than two dwelling 'units where the occupants, are primarily permanent in nature, including: " Apartment houses Boarding houses (not transient) Convents , Dormitories Fraternities and sororities Hotels (nontransient) Monasteries ' Motels (nontransient) Vacation timeshare properties Congregate living facilities with 16 or fewer occu-I..' pants are permitted to comply with the construction requirements for Group R-3. ' R-3 Residential occupancies where the occupants are pri- marily permanent in nature and not classified as Group R-1, R-2, R-4 or I, including: Buildings that do not contain more than two dwelling I units. Adult facilities that provide accommodations for I five or fewer persons of any age for less than 24 hours. Child care facilities that provide accommodations for five or fewer persons of any age for less than 24 hours. " Congregate living facilities with 16 orfewer persons. I Adult and child care facilities that are wi,thin a sin- gle-family home are permitted to comply with the International Residential Code. R-4 Residential occupancies shall include buildings arranged for occupancy as residential cafe/assisted liv- ing facilities including more than five but not more than 16 occupants, excluding staff. Group R-4 occupancies shall meet the require- ments for' construction as defined for Group R-3, except as otherwise provided for in this code, or shall comply with the International Residential Code. 310.2 Definitions. The following words and terms shall, for the purposes of this section and as used elsewhere in this code, have the meanings shown herein. BOARDING HOUSE. A building arranged or used for lodg- ing for compensation, with or without meals, and not occupied as a single-family unit. 2006 INTERNATlONAllBUBlDlNG CODEB' I CONGREGATE LIVING FAcaITIES. A building or part .. thereof that contains sleeping Units where residents share bath- room and/or kitchen facilities. DORMITORY. A space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group, under joint occupancy and single management, as in college dormitories or fraternity houses. PERSONAL CARE SERVICE. The care of residents who do n9t ,!equire chronic or convalescent medical or nursing care. Personal care involves responsibility for the safety of the resi- dent while inside the building. RESIDENTIAL CARE/ASSISTED LIVING FACILI- TIES. A building or part thereof housing persons, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment which provides personal care services. The occupants are capable of respond- ing to an emergency situation without physical assistance from staff. This classification shall include, but not be limited to, the following: residential board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facili- ties, social rehabilitation facilities, alcohol and drug abuse cen- ters and convalescent facilities. I TRANSIENT. Occupancy of a dwelling unit or sleeping unit for not more than 30 days. SECTION 311 STORAGE GROUP S 311.1 Storage Group S. Storage Group S occupancy includes, among others, the use of a building or structure, or a portion thereof, for storage that is not classified as a hazardous occu- pancy. 311.2 Moderate-hazard sto~age, Group S-I. Buildings occupied for storage uses that are not classified as Group S-2, including, but not limited to, storage of the following: Aerosols, Levels 2 and 3 Aircraft repair hangar Bags: cloth, burlap and paper Bamboos and rattan Baskets Belting: canvas and leather Books and paper in rolls or packs Boots and shoes Buttons, including cloth covered, pearl or bone Cardboard and cardboard boxes Clothing, woolen wearing apparel Cordage III Dry boat storage (indoor) Furniture Fur.s Glues, mucilage, pastes and size Grains Horns and combs, other than celluloid Leather Linoleum Lumber Motor vehicle repair garages complying with the maximum 2006 INTERNATIONAL BUILDING COD~ USE AND OCCUPANCY CLASSIFICATION allowable quantities of hazardous materials listed in Table 307.1(1) (see Section 406.6) Photo engravings Resilient flooring Silks Soaps Sugar Trres, bulk storage of Tobacco, cigars, cigarettes and snuff Upholstery and mattresses Wax candles 311.3 Low-hazard storage, Group S-2. Includes, among oth- ers, buildings used for the storage of noncombustible materials such as products on wood pallets or in paper cartons with or without single thickness divisions; or in paper wrappings. Such products are permitted to have a negligible amount of plastic trim, such as knobs, handles or film wrapping. Storage uses shall include, but not be limited to, storage of the following: Aircraft hangar Asbestos Beverages up to and including l2-percent alcohol in metal, glass or ceramic containers Cement in bags Chalk and crayons Dairy products in nonwaxed coated paper containers Dry cell batteries / Electrical coils Electrical motors Empty cans Food products Foods in noncombustible containers Fresh fruits and vegetables in nonplastic trays or containers Frozen foods Glass Glass bottles, empty or filled with noncombustible liquids Gypsum board Inert pigments Ivory Meats Metal cabinets Metal desks with plastic tops and trim. Metal parts Metals Mirrors Oil-filled and other types of distribution transformers Parking garages, open or enclosed Porcelain and pottery Stoves Talc and soapstones Washers and dryers SECTION 312 UTILITY AND MISCELLANEOUS GROUP U 312.1 General. Buildings and structures of an accessory char- acter and miscellaneous structures not classified in any specific occupancy shall be constructed, equipped and maintained to conform to the requirements of this code commensurate with 35 USE AND OCCUPANCY CLASSIFICATION the fire and life hazard incidental to their occupancy. Group U shall include, but not be limited to, the following: Agricultural buildings Aircraft hangars, accessory to a one- or two-family residence (see Section 412.3) Barns Carports Fences more than 6 feet (1829 rom) high Grain silos, accessory to a residential occupancy Greenhouses . Livestock shelters' Private garages . Retaining walls . Sheds Stables Tanks Towers 36 2006 INTERNATIONAL BUILDING COD~