Expert: Cary Simmons - 4/9/2010

Question
QUESTION: HI  have Spent $58,000 dollors on a project.I am opening a pharmacy. During the inspection the Fire Dept told me that I need to have 2-hour tenant separation wall insted of 1 hour exisiting.there is no change of occupancy. It is mercantile at the moment and will remain so.Next door is a hair dresser and he has all the sinks on the wall on his side. so I have to built and pay all the cost. the fire dept wants the wall UL design.By the way there use to be Pharmacy before for 40years in the same place.Can you please tell where I stand here. I have all most run out of money now. Please help me I am desparate. Thanks God bless

ANSWER: Dilip:

This is a common problem, although that provides you no comfort.  I need a bit more information before addressing it.

First, was the work you have completed to date performed under valid local permits--general building permit, electrical, plumbing, etc and done in strict conformance with those permits?

Second, did the Fire Department indicate to you what code they are relying on and was there any written correspondence.  Was it a local Fire Department or County or State?

Third, and all of these are important, (a) what is the area of the total floor in question, including all tenants, (b) number of stories including basement, (c) is it sprinklered, (d) is it in a Fire District and (e) what is the main floor area of just your pharmacy?
Fourth, was the prior pharmacy the immediately preceding use of your space and was the adjacent tenant there at that time.  If a different use just preceding, what was that use?

Last, are both users tenants or is this a commercial condominium?

---------- FOLLOW-UP ----------

QUESTION: Thank you very much for your Reply. following are the answers to your questions.1.YES all the plains and architect drawing were given to city and they passed it and then forward to fire dept.2.YES.the plans where rejected and code applied was NFPA 101 tabel 6.1.14.41(b)part 2. it is a local fire department.3 .2000sq ft.b. one story.c it is not sprinklered. It is 37years old strip center with 8 units each 1200sq.ft.4.it was a pharmacy then it was green grocer and when the green grocer left I got the lease again to put the pharmacy .adjacent tenant was there when it was a pharmacy. Both users are tenants.This is not a new construction . I am not even changing the occupency.it was mercantile and it is going to be mercantile. Next door is retail unit but since it was given occupency as business . they want me to built complete new wall. Once again thank you very much for your help. I am attching the docs from fire dept.

Answer
Dilip:

I did not receive your attachment.  If this proves impossible, just let me know the specific Code, the year of the code and the number of the specific citations the Fire Department is relying on.

May I assume that the overall structure is wood frame walls and roof?

It might be worthwhile for you to discretely investigate whether the code being enforced in this instance was ever formally adopted by the municipality.