Saturday, March 31, 2007
Dormant fire board gets appeal
Roanoke's appeals board saw its first work in 18 years when it reversed two fire marshal rulings.
The five men who sit on Roanoke's little-known Fire Board of Appeals have had about the easiest job anyone could have -- one with almost no duties.
Not one of the city council-appointed board members had ever considered a single appeal. Then came this week's marathon meeting that resulted in the reversal of two rulings by Roanoke's fire marshal.
Before Thursday, the last appeal to come before the board was about 18 years ago, said city Clerk Stephanie Moon, who had no additional information because relevant records were discarded long ago.
"Most people don't even know it exists," said Elizabeth Dillon, an attorney retained by the city to advise to the board.
Members of the long-dormant board of appeals took center stage when, after a roughly 14-hour hearing that ended at 1:45 a.m. on Friday, they reversed rulings by the fire marshal's office that a building in downtown Roanoke set an occupancy limit of 49 people and required a second exit to the street.
The owners of the former Masons hall at 109 Kirk Ave. had complained that the cost of adding an exit would put them out of business. The building is home to the Corinthian Ballroom, a popular place for wedding receptions.
Fire officials had inspected the building last month after an unnamed Roanoke resident complained to the city about overcrowding and the fact that the building has only one stairwell, said Jim Grigsby, assistant city manager for operations and a former Roanoke fire chief.
The Fire Board of Appeals' members include a lawyer, a retired Norfolk Southern Corp. employee and at least two former firefighters.
City officials said they could not determine how many times the board has convened since it was created in 1964 to consider appeals of rulings under the state's fire code. Also unclear is the question of whether the board had ever reversed a city fire marshal's ruling.
Officials said the case of 109 Kirk Ave. was more complicated than most because of the age and stateliness of the circa-1911 building.
"Most people are cited for minor violations and they fix the violations," Dillon said. "Whether they agree with them or not, they fix them and move on."
Roanoke also has boards to consider building code and zoning appeals. The board of zoning appeals meets monthly.
The Virginia Department of Housing and Community Development directs localities on how such panels should be created and run under state law.
A decision by a local board such as Roanoke's Fire Board of Appeals can be appealed to a 14-member state review board, then to circuit court and finally to the court of appeals.
Chief David Hoback of Roanoke Fire-EMS said Friday that he was uncertain whether Friday's decision by the board would be appealed.
"We've got to go back and look back at the evidence presented yesterday and then we'll make that decision," Hoback said.
He added: "I support the board. I cannot say that I support the finding."
The Virginia Department of Housing and Community Development does not keep statistics on how many fire code decisions are appealed to local boards. But department spokeswoman Hollie Cammarasana said that the state review board considered seven such appeals last year.
Some boards of appeals, of course, are busier than others.
"One board up in Northern Virginia meets every eight years, practically ... and the board in Fairfax ... meets about once a month," Cammarasana said.
As in Roanoke, fire code rulings are seldom appealed in Roanoke County or Salem.
The county's last one was in 2000, when a board that also considers building code appeals sided with the fire marshal on an issue concerning a fire alarm system in a day care center. In Salem, it has been at least 20 years since the last fire-code related appeal.
City officials take some comfort in the fact that the owners of 109 Kirk Ave. have said they are willing to act on some of the board's recommendations, including widening a few doors, installing smoke alarms and illuminating exit signs.
"It's going to be a safer building," Grigsby said.





