could, in fact, have a spray useful under the discretionary review authorization so other than the spray booth is whether or not there's a city agency that will require a permit and the planning department didn't require a permit but if there's another city agency that needs a permit we'll not be opposed to that if you have any questions, i'll be happy to answer them. >> mr. duffey. >> commissioners on the building permit that's under appeal is a typical sprinkler type of work it's a with the fire department plan check. there isn't building approval apart from our staff that

processes the payments it's a process over 4 years and it's the fire department like a fire bring out but under a building permit application. on the face of it the permit look fines properly reviewed and issued. then we have the issue of the 94 permit for the installation of 0 false sprinkle system that permit got issued in 18994 and extraordinary in 19995 the planning department would have been the ones to sign off and the building department to sign off. the pollutant part working for the department of building inspection i'm surprised the fire department didn't catch the sprinkle system was never signed off so on the way to index this

is to are you new the sprinkle system and go back and get the permit final also and probably move ahead and do the modifications. so that would take care of that. i think that's a 3 part thing and the issue of the spray bloating a complaint on january 22nd 02014 of this year we issued a notice of violation by building inspection a complaint was filed regarding the installation of an automobile spray booth and they failed at that catheter a building permit

on the required inspections to close the complaint we issued that in january 2014 and a second notice of violation on march in 2014 and notice of vision that is with code enforcement we've not had a permit filed to legalize the spray booth so i'm not sure with the owner or attorney wants to do about that i didn't have discussions with them but there's a lot of the things under appeal i don't see anything but the issues are connected. if you have any questions, i'll be happy to answer them >> point of clarification on one of your last points you said the permit would have the nine hundred 4 permit would have

authorized the spray booth or sprinkler heads. >> the sprinkle system. >> if they want that system to be finalized they'll have to go through the process. >> what we have thousands of expired predicament in city and county of san francisco they come in and we go back to the plans of the permit and we expect the fire department to do an inspection is that will legalized the sprinkler system it was probably put in but never got a final inspection then move when we had your monitoring inspectors should have been kault caught by fire department

the owner said he's gotten contacts from the fire department. >> did you see any documentation any drawings or scrip active language. >> i took the detail report i don't have the documents but it's a typical documentation it will have required plans showing the sprinkler system i saw the plans and there's no mention of a spray booth on the plans. so i think the spray is the spray booth is did objection but it's to do with the spraying cars and stuff like this near the paint that's not been addressed maybe come up with a permit and show us there was a permit but the photography saw

that was presented to me but the gentleman showed a self-contained unit like the spray booth requires a permit not 40 or 50 years could you have been there 20 years my professional opinion >> i'm still having a hard time making a connection to the spray booth it's seems like the spray booth is going through the process so it's not ripe for our review i don't see the connection. >> i don't know whether the sprinklers were ♪ 94 it could be a spray booth maybe the owner will tell us why

the 94 strirjs >> we know we have is another permit for the sprinklers but the permit. >> - so the complaints we've i've heard and read there's been the spray to the extent in it has accessed operations yet recently complaints of fumes. does your office get called for the types of complaint >> we do get calls does the spray emanate. >> we do get complaints and not on this i believe i looked at

the old complaint and didn't see any. the bay area quality air management i won't have that but no one on the spray booth and fumes >> okay. thanks. is there any public comment we'll start our rebuttal. mr. patterson >> i'll try to address the points briefly. i think the most important issue is this present sprinkling monitoring system you can't install a system to monitor something that's not been installed the other two systems are prerequisite >> in terms of my conversation

with the opposing counselor i didn't say we're going immediately where are you going the appeal she said this was being used to permit the spray booth that's shocking at that time, we ranged a meeting and they cancelled the meeting the day before. the litigation issues there's issues associated with this we don't meet to bring up but suffice is it important to the neighborhood our goal is simply sure those systems are up to code and permitted there is a fire issue so we want to make sure the systems are okay. >> commissioners quickly i have to agree with mr. duffey this is

like a housekeeping issue there was a permit for the sprinkler system in the 4 and the appellant filed a request for the spray booth that was never implemented and the sprinkler system was not completed why has the fire department not inspected those either a fire of building inspector a long time a deeds they assume that's been permitted unless other information tells them otherwise so mr. jack does that and the sprinkler system is working and it's great but again, it's a housekeeping issue it never completed the permit process and to add another permit on the something that may or may not completely to code it needs to

be reviewed. >> i'll ask richard the president of the neighbor group my understanding is the spray booth has been used in january or february of this year and we have a photo showing this. >> this picture was on a saturday night. >> can you make that bigger. >> i'm having a hard time with this. it shows >> i think you know endanger the overhead or the victor. >> i wasn't good at this. >> the same sector. >> this is i live adjacent to the building. this is from my backyard.

and if anyone knows when they paint i know it i smell it and know that this is in my dining room the paint booth >> how can i see the paint booth on. >> the light. >> not the one on the top. >> you can point to it on the overhead. but the light above the booth and what happened >> oh, my phone. right there. sorry. right to the left if you see the paint booth there's a light a windows in the paint booth the light goes on this is not uncommon >> unless there's questions your time is up. >> i have questions i need for you to point i don't know what

our talking about. >> i don't know what to point with. >> can you go over to the big screen. someone stand over by the no, the overhead. >> he's talking about the phone. >> we need the overhead. now touch the phone. >> you see the open air bank so but again. >> you those lights indicate that the machine is on. >> right and . >> there's a vehicle inside the machine. >> at that point there was two guys inside there. >> it was probably if january. >> okay. >> i took it from my phone here. >> so that would have been

january 21st. >> okay. thank you. okay yes. >> anyway. >> actually your time is up. >> i was answering her question from me to you that's how far the vent of the paint booth unfiltered paint booth. >> how is that your view from the backyard. >> it's not my view. >> there's 4 windows. >> on mr. macy's building on the backside of the building has 4 windows. i'm just looking at and right in >> you're at the window taking a picture. >> okay. from the permit

holder you have 3 minutes of rebuttal. >> that's evidence we haven't seen i'd like to see the phone why there's not activity going on into the booth. >> that's reasonable okay. >> that's the outside of the booth the lights on the outside that's the booth to the left and the door in the front and the booth is not being used the light is on do you see anybody walking around the building how can that car on the outside. >> wait - >> this is the outside and that's the bother and that's (inaudible). i open the doors this is outside >> so you're saying the vehicle

is blocking the door. >> not door is in front. >> overhead please. >> that's the front and this the the back and (inaudible). you can see that can't be inside the booth this is inside the building that light is on >> you're saying through be no car inside the booth. >> you can't see inside the booth because of the garage. >> okay. that proves there's a car inside. >> nobody is using that booth. i told triple a we toe 2 hundred and 50 thousand cars a month so

is it one of the nuisance take the tow trucks away i put the sprinkler system in i had no idea you think i'll let this get out of control i've been there 40 years the fire department sensitivities if you don't comply our out i feed my family by being in business i did what i was supposed to do and if the permits are not resolved i'll get them revolt. this means nothing to me the issue is the fire department wanted me to do a line test whether the building is there or not they coyote one a year and i wanted to upgrade the system and

they've pulled the permit and the bell rings in the building the radio frequent is the state of the art and that's why we're here this other stuff means nothing >> i have a question pretty naive i guess would the fire system and alarm be required of our business without the paint booth. >> no, when you paint paint can be flammable you can't have a flame within the booth within 25 feet bus because spray booth is in the building i have to have is a sprinkler system. >> if you were only doing repair the spray booth it is strirm and the filters are brand new and they don't smell any

paint do you have any certifications for using the booth no and they were in his backyard and he says he smells paint so smell the filters i told the dbi twenty-four hours and i'll open the door and if someone is in there are they'll be fired. >> i want to clarify i thought mr. duffey referred to nos of visions or advise you need a permit. >> i got a letter in january saying i was invited in to have a permit important the booth i called the city she would send me the pictures and i sent them all. and someone said well fill out a permit i went down and all of a sudden when they appealed the permit i was in the process of

doing the permits as soon as i got the appeal i stopped so i want to be in compliance i had no idea that booth was not permitted i only wanted to do with the board i had to file that's a state agency but once i got the notice i stopped everything >> if not paint what's the fumes do you understand the fumes to be. >> the building a empty. >> you think someone is making up the fumes. >> if they smell. >> if not paint what fumes. >> i don't know what their smelling i painted inside this this and cleaned that up. >> you did paint but ♪ the spray paint >> no, that booth has been

there the booth we're disagreeing i cleaned the filters i don't smell anything. >> okay got it. >> do you have - >> i have a question for mr. patterson. >> so as commissioner fung has stated i'm troubled with the fact you don't have a brief yet our professionals were able to do their homework. >> yes. we had decided to withdraw the appeal looking at this particular permit being a fire safety permit we don't have that problem but it was entitled for the spray booth.

>> yet our professionals have oounl done the homework but you're not able to have a brief because it leafs one party at a huge disadvantage. >> we started to dig through the records how to intiefl a spray booth. >> so basically, they had time to go their briefing but you are company didn't have time. >> our briefing would have been duplicate if we went through with the appeal at this point we got the true process of the permit. >> that be it.

thank you very much >> mr. sanchez and mr. duffey anything further. >> thank you scott sanchez i'll brief provide context bp about the photos of the booth at the end of the brief on the overhead we have a day have the overhead please. all right. so this is the entire of the booth it shows the sprinklers and the side windows noted in the appellants photo and interior latin-american for the booth and the photo of the outside of the booth seeing the lights on the inside have off

and some covering and the outside the boothd you can see the window to the left through which the patent took the photograph of the car sitting outside the booth you see the light this is a better one the lights on the exterior of the booth that's what the appellant is claiming it appears there's a light coming from within the booth it seemed to be covered $0.35 that's the issue raised. a that's all i wanted to present for information >> commissioners any help on the issues i think the owner knows he has an outstanding notice of violation so far the spray booth. we saying to dbi there's no permit and he's not disagreeably but what's ahead is a hearing of

code enforcement if he didn't apply for the permit the spray booth has to meet the mechanic code and probably the fire codes so the fumes and that is going to come up the sprinkler permit needs to be approved and a final inspectors without i don't know if we need more time but there's a standing items the fumes is going to come up on the building sprishgs and if they don't get the permit they're looking at an order of abatement i'd imagine that process should be started soon because we sent that up in march there's a 3 month hearing.

we could daily with the expired permit for the sprinkled. i thought i'd mention that >> go ahead. >> go ahead. >> to clarify the combravpt of the permit will not enable anything not a life insurance to start the paint thing or - >> i mean this is related to a aspect of a safety issue. >> that's rilthd to the sprinkler permit but people if their using it their using it without the benefit of a proper building permit, you know, and that's what you know the issue is i think

>> but the permit holder has an expired permit for the fire alarm. >> that's been brought up but probably should be addressed by building department. >> prepared to address it shortly. >> i imagine we'll get a complaint. >> the question our raising is whether the building department will allow them to connect the new work there the permit to a a system that's not been permitted. >> you're talking about the sprinklers. >> yes. as the sprinklers are probably okay. >> will you allow address work to a system that's not been finalized. >> it may have to be updated

based on old system in the 4 i'm not qualified and you're right whatever work they have to bring up to today's code. >> and you explained to the commissioners that i wasn't quite sure that was the right answer open whether or not sprinklers are required or not i think it's depending on this occupancy and size of the building. >> there's a definition in tcoe for sprinkle code. the other thing as well the whole mechanism system will have to be brought up a mechanical engineer for the spray booth

>> did you have a question commissioners. >> again for my own sake this is an alarm system linked to a fire prevention which we'll assume is functional even though not properly priltdz so we're what the permit is doing augmenting a fire protection system which we believe is functional even if the permit is not ever been certified. >> yes. it's a tied to the sprinkle system that's not about permit it's good we're doing this but their point is they're doing it before they've done other things. >> i'm not sure from my point of view that's a safety

enhancement. >> okay commissioners the matter is submitted. >> motion. >> i'll vote to deny the appeal and approve the permit on the basis it's compliant. >> you want to consider at all continuing the case? mr. duffey >> i was go ahead. >> i mean the thing is sometimes those things to need to have other actions to tie it altogether. >> in my mind i'm separating the actual physical processes and protection system from the