Tuesday, September 30, 2008

FSQ Garage, S-Type Occupancy, and the Mr. Clean Auto Spa

Posted by The Dean of Cincinnati

Here is the latest exchange of letters on the matter of the FSQ garage occupancy type, the Mr. Clean Auto Spa, and the presence of open toilets for the garage on Fountain Square.  I am determined to get to the bottom of this!

from The Dean of Cincinnati
to "Ghosh, Amit”
date Sun, Sep 28, 2008 at 10:23 AM
subject Re: FW: Fountain Square: Complaint and possible code violation

Amit,

I’m sorry, but my schedule has not allowed me to call during City business hours.  So here is a simplified set of concerns, in question form.  Please let me know the appropriate answers to these inquiries.  Thanks so much!

1.  The Fountain Square parking garage has S-type occupancy.  According to Ohio building code, there must be water closets made available to the public.  3CDC recently decided to close the toilets at Fountain Square, which also service the garage.  Isn’t it true that the Fountain Square toilets must be open whenever the parking garage is open?  If not, why not?

2.  If the answer to #1 is affirmative, has 3CDC been informed they cannot close the Fountain Square toilets?  If so, may I have a copy of the email, memo, or letter sent to them on this matter?  If not, why not?

3.  Why is a car washing business allowed inside an S-type occupancy?  Please explain how that fits under building code as outlined in Ohio law.

Thank you so much for your help with this matter.

Respectfully,

[Dean]

On Mon, Sep 15, 2008 at 4:09 PM, Ghosh, Amit wrote:

[Dean],

At your convenience, please call me at 513-352-3433, so that I can better understand your concerns and search for some answers for you.

Regards,

Amit

-----Original Message-----
From: The Dean of Cincinnati
Sent: Thursday, September 11, 2008 5:29 AM
To: Stiles, Scott
Cc: Ghosh, Amit
Subject: Re: FW: Fountain Square: Complaint and possible code violation

Mr. Ghosh,

Please review the correspondence below and respond to my inquiries regarding “S-type” occupancies via email.  I am concerned about the presence of a service-providing business (The Mr. Clean Auto Spa) in an S-type occupancy, and I’m concerned about 3CDC’s closure of the garage restrooms on the Square level, as OBC appears to require water closets for S-type structures at the rate of 1 per 100.

Thanks,

[The Dean of Cincinnati]

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says:
04 Oct 2008  at  07:35 am | #

toilets for public use don’t have to be on the business premises if they’re available within 500 feet of the premises.

there are primary uses, and there are accessory uses, and there are incidental uses.  clearly the auto spa is an accessory business use within the primary storage use.

Amit is right to avoid your attempts to waste his taxpayer-funded time.

says:
05 Oct 2008  at  02:25 pm | #

Sorry Urb,
You’re misapplying the exception from 2007 OBC Table 2902.1, which reads ”Exception: Facilities are not required in buildings less than 100 square feet (9.3 m 2 ) in area if fixtures are available within 500 feet (152 m) of the building.”
The garage is clearly larger than 100 square feet, so it must have its own toilets on the premises.

Randy Simes says:
06 Oct 2008  at  03:19 pm | #

This site has gotten great at making mountains out of molehills.  What is the infatuation with 3CDC, Fountain Square, and DCI?

says:
17 Oct 2008  at  05:51 pm | #

Mr. Miller: I apply no exception to T2902.1.

I apply para. 2902.4.1 Location of [required public] toilet facilities in other than covered malls: “In occupancies other than covered malls, the required public and employee toilet facilities shall be located not more than one story above or below the space required to be provided with toilet facilities and the path of travel to such facilities shall not exceed a distance of 500 feet (152m).”

Pray, what is “Plumetrics.com” since no website appears to exist for this domain?

says:
17 Oct 2008  at  06:28 pm | #

"plumechtrics.” same difference- no website.

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