CITY OF MANCHESTERPLANNING AND COMMUNITY DEVELOPMENT

Planning and Land Use ManagementBuilding Regulations

Community Improvement ProgramZoning Board of Adjustment

July 17,2013

Kevin CornishC/O KC's Rib Shack837 Second StreetManchester, NH 03102

Subject: Code Compliance Issues

Dear Mr. Cornish:

Leon L. LaFreniere, AICPDirector

Pamela H. Goucher, AICPDeputy Director - Planning & Zoning

Matthew M. SinkDeputy Director - Building Regulations

This communication is intended to follow our on-site conversation regarding codecompliance issues at your restaurant facility located at 837 Second Street. Based on thatconversation I had expected to hear from you regarding additional information youindicated you could provide that would assist in resolving the issues discussed. I also leftyou a voicemail on Monday afternoon where I provided additional information regardingoptions for required exit signage and reiterated my contact information.

During our conversation we discussed code issues and potential solutions that restrictyour utilization of the patio area of your restaurant. The following is a summary of thisdiscussion:

Issue

No permits have been applied for or granted toexpand the patio occupancy, and noconstruction permits have been obtained for theconversion of the existing gazebo to the "TikiBar" including the addition of 3 ~!!~tchroot:deck, sinks, electrical power and lighting.

The thatch roof on the Tiki Bar appears to becomprised of a highly flammable material.

Sinks installed in Tiki Bar without potablewater supply and approved drainage inviolation of State ofNH Plumbing Code andsanitary requirements.

Potential Solution

Secure permits. (To this date no applicationshave been received.)

Provide evidence of approved treatment toachieve required flame spread ratings orremove. (l am aware that you have contactedthe Fire Department about suitable treatmentoptions.)

Remove sinks. installed without required supplyand drainage connections and utilize portabledispensing units acceptable to the HealthDepartment. Or, secure the services of a StateofNH Licensed Master Plumber to installsupply and drainage connections to complywith code requirements.

One City Hall Plaza, Manchester, New Hampshire 03101Phone: (603) 624-6450 or (603) 624-6475 Fax: (603) 624-6529 or (603) 624-6324

E-Mail: pcd@manchesternh.govwww.manchesternh.gov

rIssue (Continued)

Electrical installation completed withoutpermits or inspections.

Lack of exit signs from the patio area. Thisarea serves as the required egress path fromboth the patio as well as the rear dinning room.

Exits (fence gates) out of patio area do notcomply with code requirements.

Occupant load of Patio exceeds site parkingcapacity.

Overflow parking on off-site lot not approvedfor parking use. (Issues related to lack ofpaving, wetland setbacks and access wouldneed to be addressed.)

Potential Solution (Continued)

Secure the services of a State ofNH LicensedMaster Electrician to secure permits and reviewexisting installation for safety and codecompliance.

Install illuminated exit signs and egress pathlighting per code requirements. (I left you avoicemail message regarding the availability ofsigns that do not require electrical supply.)

As previously noted, these exits serve both thebuilding as well as the patio. Install approvedpanic hardware on gates to satisfy coderequirements.

You indicated that the occupant loads asassigned by the Fire Department Place ofAssembly Permit (POA) exceeds your actualseating needs and layout. Please provide actualoccupancy loads so that we may calculateparking requirements based on these lowercounts. This analysis may reveal that currenton-site parking can meet ordinancereq uirements.

It is very likely that this issue can be addressedthrough an analysis of actual occupant loads vs.parking ratios required by POA posted loads. Ifordinance requirements can be met on-site, andthe need for additional parking still exists, thenPlanning Board and possibly Zoning Boardapprovals may be required to utilize off-site lot.

In the case of each of these issues you indicated that you would begin immediately topursue the required resolutions. As you have not contacted me, or my office, I mustassume you are actively working towards compliance. Please contact me as soon aspossible to discuss what progress you have made.

We also discussed measures you could take that would permit the utilization of the patioarea in the interim period. These measures include installation of temporary exit signageand the opening of the fence gates during occupancy hours. As I indicated on Monday, Iwill approve interim occupancy of the patio for the originally approved 40 patronsprovided that you have implemented these temporary measures and that the Health andFire Departments also agree to this occupancy.

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At our meeting you stated that the permanent measures discussed could be implementedwithin two weeks. Per your stated need, the two week period granted for utilization ofthese temporary measures (if confirmed by you) will expire on Monday, July 29, 2013.

Again I request that you contact me as soon as possible to confirm your progress, and todetermine if there is any additional assistance that I might provide. The quicker thatresolution of the issues identified can be achieved, the quicker that we will be able toapprove full utilization of your facility.

Sin~i?'b/ ,t/L.Llk.I1{,eni~Director, Planning & Community Development

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