After the shock of the “Ghostship” warehouse fire in Oakland and some time to reflect has passed it occurred to me that Benicia is facing many of these same issues.
Our artist community, like those in Oakland, face economic hardships, escalating rents and a strong desire to be an artist. The recent Great Recession impacted lives across America and provided incentives to find low cost residential sources and allowed us to look the other way based on our concern for our fellow man to such a degree that our tried and true building and fire codes have been bypassed to allow people to survive, not thrive, but survive.
I have traveled around the world and can attest to the fact that our building and fire codes are the envy of many. Developing, publishing and enforcing these codes has allowed building to service fires, earthquakes and other problems.
I have personally seen building without rebar collapse during a typhoon, seen fires destroy building that would have survived with a sprinkler system. I managed the Building Code Enforcement Division while service with the U.S. Navy overseas. We used American building an fire codes there and managed to these standards.
We cannot let short-sighted goals or economic conditions overcome our need for safety. But Benicia is a complaint driven city. Code Enforcement investigates possible code violations based on complaints. The Benicia Fire Department has been in to inspect our office space.
But do they inspect all buildings and all spaces within a building on a scheduled basis? What are the results of these inspections? Are owners required to mitigate and or eliminate unsafe conditions? Are building permits affordable and easy to obtain and are inspections completed in buildings with permits to ensure code compliance? What is such an inspection uncovers additional problems, how are these issued managed? Regardless, the reality is that we have buildings and spaces that are not in compliance with building and fire codes. How can Benicia best manage this issue?
I am suggesting a period of amnesty for building owners and users to bring their spaces up to code, including the illegal residential usage in our commercial and industrial spaces. Our work-live spaces should be on a fixed and routine inspection cycle to include housekeeping and safety issues. I would start with a public outreach to owners and occupants seeking their opt-in for this effort. In addition, I would establish a firm and recurring inspection of all spaces over a period of time. How often and by whom remain an unknown for now, but an effort needs to be made to manage this area of our city.
Failure to do so will surely incur liabilities for Benicia if we experience a Ghostship like event.
Budget estimates need to be prepared, funding sources sought, but no delay can be brokered. Isn’t public safety one of the primary jobs of local government? If the Ghostship fire confirms anything it is that this issue is pervasive and impact nearly every town and city in our country.
Can’t we train veterans to fill this urgent need? Can we develop, establish, or expand existing training centers to make sure inspectors are prepared to conduct inspections and issue tracking action items that are managed until resolved. I do not want to be the one to call someones family to tell them we failed in our obligation to ensure safety within our borders.
Please work with me and our council to bring visibility to this safety issue. Please keep the conversation going, we can find a solution to this critical need.
George Oakes is a member of Benicia’s Planning Commission
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Tragic news coming out of Oakland this Morning. My heart goes out to those that lost Family members in this fire. We in Benicia have a large live work area and are they held to the same City codes as any other dwelling or Business? I don’t think so, I have seen the area and there seems to be hazards with debris and flammables stored both on the outside and inside. I believe the area is held to a different standard due to City Halls political leanings. Please don’t let this ever happen again!
Some questions for City Officials,
• Are the live work spaces inspected like any other Business or dwelling?
• Are Business permits required for live work spaces?
• Is there any retail operations operating in the area and are they up to City, State and US Government code?
• How often has the fire inspector visited live work areas?
Thank You,
Kevin Reed
My question would be, how many raves are held at the artist studios? I think we may be dealing with a slightly different animal here in Benicia in comparison to Oakland. Nonetheless, existing codes should be enforced where appropriate.
On the issue of code enforcement: Much of what was perceived as being major issues at the Ghost Ship would most likely have fallen under Fire and Life Safety. In Benicia. the California Fire Code is enforced by the fire and life safety division in the fire department of the city of Benicia. The BFD is operated under the supervision of the fire chief of the fire department.
Correct except for one thing. The Fire Chief reports directly to the City Manager. City Manager hires the Fire Chief. His selection cannot be over turned by the Mayor/Council. The only two positions that the Council/Mayor hire/fires is the City Attorney and City Manager. So as you see it is up to the Fire Chief to move on those issues but must have budget money to do so. I would assure you that the Fire Chief would consult with the City Manager. So as you see the City Manager has a very powerful position.
The FD issuing code violations/fines is far from something with which the City Manager is, or should be, directly involved. The fire prevention officers are fully capable of handling these affairs. It is comparable to the police department issuing speeding tickets or making arrests. The City Manager does not play a role in those things. The exception, perhaps, being multiple code violations that have gone un-remedied over a long period of time. Then, of course, it lands in the lap of the City Attorney, and conceivably w/o a pass-through the City Manager.
Remember they do report directly to the City Manager. Same as Finance Director, P\ark and Rec. Etc. It does not matter. They have responsibilities and do report to the City Manager. Does not matter what their expertise is. They are under the City Manager. All direct reports have job duties it does not mater weather its Police, Fire, Finance or what ever. They have jobs to do and were hired for that purpose. The City Manager may not be\ directly involved in what direct reports do but they are the City Managers responsibility to make sure all areas are covered.
All which is trivial to the day-to-day operations of said departments.
Not true. Sit in on a staff meeting and you would know exactly what I am talking about. Better yet any one on one with the City Manager. Yes they are expected to do the day to day job requirements but at the same time are monitored and are expected to give updates all the time.
I make a point of sitting in on the staff meetings at least twice a year. Brief overviews and summaries serve to keep the City Manager involved, not detailed operational reports. That said, this back and forth is rather pointless. I hope you don’t mind if I don’t continue. Happy Holidays!
Try Merry Christmas. I proved my point and you leave. Very good.
Good article. But it is not the job of the Planning Commission to enforce code violations. That job belongs to the City Manager who works under the direction of the Mayor/Council. All functions of this City go thru the City Manager.. The City Manager hires and fires all direct reports . Inspectors work under the direction of their director who does report to the City Manager. If code violations are found they enforce them. Now if existing violations are suspected or not reported it should be the job the City Manager to take that as a priority and budget for it. If our existing Mayor thinks it is a problem the Mayor/Council can direct the City Manager to make it a priority and fund the budget as needed. After the fact never works. it should be an on going process. I have great respect for our City Manager and the City staff. The Mayor should quit worrying about climate change and put safety of residents first. Meaning building inspections and code violations. The lower arsenal would be a good place to start. Planning Commission has to much power as it is. If there ever is a major issue if falls directly on the Mayor. She says she is our leader and the voters believe her. She was elected three times. It is now her turn to step up and show she is a leader and not just a climate change or water agenda driven idealist.
As a long time Benicia resident, I’ve seen most of the living areas in the Arsenal and one would have to reach far to make a comparison to the artist living in Benicia and those living in Oakland. George makes several great points, but it will take a lot on the city’s part to clear away the unjustified sigma of our city’s inspectors and the work they do.
As very handy people, my beloved Tony and myself are often called on by friends and neighbors in Benicia to chime in on, or actually help with many different types of home improvement projects. I’d say about 50% of which should have a permit taken out to complete. Even when dealing with owners of single family residences, when we suggest going downtown and getting a permit we hear, “Really? I need a permit for this?”, “You don’t need a permit if it’s inside your house.”, “I can’t afford a permit”, “I’ll never be able to finish it if the city becomes involved!” We do our best to quiet their fears and explain that the fees are well worth the actual help that the city provides in making sure that the project is done correctly. “Don’t you want to KNOW that your home is a safe place to be?!” has become a bit of a call to arms for us.
On top of that, the neighborhood that I live in was built in WWII. No rebar, Knob and Tube wiring, iron water & gas pipes, no insulation… the list goes on and on. When we replaced our first water heater decades ago, with a permit, the inspector almost had a heart attack while doing the inspection. He found half a dozen or so violations in our home, none of which had anything to do with the water heater we put in. He passed the heater and at our request did a mini home inspection and wrote down all the things we should upgrade and prioritized them by safety. There were a couple of them that could have destroyed our home in a heart beat, we took care of them quickly and got to know each of the city inspectors by name as we had them out to the house time and time again to educate us as we:
put on a new roof,
replaces all our gas pipe,
replaced windows,
installed insulation
upgraded plumbing…
You get the point. We had a lot of work to do on our little house to make it safe.
I guess my real point here is, Benicia’s artist residences are not our city’s biggest fire hazard. It’s the fact that we have many homes all throughout our city, that are fire bombs waiting to happen and a public that fears working with city staff. This needs to be addressed first! If the city seriously wants to protect our artists, partner with Arts Benicia and host a seminar on egress first. Involve the Fire Department and do a meet and greet, question and answer session. Let the public know that you’re here to help, not invade.
Great information. Thanks, Gretchen!
I have not had anyone tell me they fear the city and the building permit process. I have had folks tell me they will by pass the city and do it without a permit. I have permits for new windows etc. No problem with the permit and no problem with the inspection. The city was very good and timely with the inspection. I do believe what Mr. Oates was saying is catch it now rather than be sorry sometime down the road. I only trust a licensed contractor who knows the city building permit process or the city building department. I do not get legal advise from my neighbor or the elevator operator. Your advise is very good.
The biggest hazard is all the buildings and homes that will collapse or fall off their foundations during an earthquake. Many buildings on 1st street have warnings they are unsafe in a seismic event. Many also have residences upstairs. Any home built prior to 1989 may have issues if not upgraded. Almost all built prior to 1975 will have issues if not upgraded. When a pretty big one hits us it will be darn serious for a lot of Benicians. Tragic for those who don’t survive.
Mr. Oakes –
What should happen when a building is completed according to the current building codes and other relevant regulations and those codes and regulations change? Should all buildings be required to comply with all revisions to all applicable codes and regs? Or should we continue to grand-father structures that were compliant when they were built?
If your answer to the last question above is, “No”, then you can pretty much take a wrecking ball to all of Benicia south of 780 and much of Southampton. It simply would not be economical to retrofit old buildings to current codes, knowing that the codes will be revised in five years or so.
Why would Benicia incur liabilities if there is are deaths due to a fire? If regulations were adhered to and there was a fire, why is anyone liable? Life happens. If there is a loss of life and people or companies were negligent there are ample opportunities to hold them accountable. Where does Benicia’s liability come in?
In your article above you state, “Budget estimates need to be prepared, funding sources sought, but no delay can be brokered.”:
How about you go ahead and complete those budget estimates and report back here?
How about you go ahead and identify the funding sources (and perhaps actually secure the funding)?
No delay can be brokered…so we are going to commit to fixing a problem that hasn’t been a problem, without knowing what it will cost, how it will be paid for but knowing that as soon as the codes change again in a few years we will have to start all over again?
Planning Commission members serve at the pleasure of the Mayor/Council. They are not elected they are appointed and confirmed by Mayor/Council. The planning Commission does not run this city. The City Manger does thru the Mayor/Council. All financial estimates will go through the Mayor/Council, City Manager and department Directors for financial estimates or any other decision. The Planning Commission is far to powerful in their own thinking. Just because we now have in my mind two confirmed Socialist on the Council does not mean the money will flow to the City of Benicia. In fact it will not.