BY KURT MOORE – The Marion Star

MARION – The Marion (Homeless) Shelter Program continues to seek donations as it works toward complying with a state order to install a fire sprinkler system.

The Ohio Board of Building Appeals ruled on April 21 that the program, which built a family homeless shelter at 326 W. Fairground St. in 2006 and opened it in 2007, must install an automatic fire suppression system within a year of the ruling.

As program director Mark Lovett looks for was to cover the estimated $30,000 in additional costs, he says he and the shelter’s board were unaware it would need a fire suppression system until after it was built and opened.

He said he originally believed it was a residential building, not commercial, and did not fall under state guidelines. In a county without a local building code office, fire and zoning officials said it’s an example of why people need to take it upon themselves to make sure they meet all local and state requirements before they build.

The shelter, which currently houses women and families with children, was located in Marion Township when construction started but was later annexed to the city of Marion. The Marion City Fire Department inspected it after the city annexed the property and told Lovett to get sprinklers.

While Marion Township zoning inspector Charlie Fosnaugh said he agreed the building would be suitable for a residential area, he said that only has to do with zoning. He checks for such requirements as a proper distance between the building and the road and whether it falls within the guidelines of what kind of facilities can be built in the specific community, such as whether it is zoned for offices or industry. He said zoning has nothing to do with building plans and whether the state considers a building to be commercial or residential.

Fosnaugh said he tells everyone to make sure they are meeting all local and state guidelines. He includes information on the township’s Web site as to who to contact. He said his job does not cover building codes and requirements and he does not review building plans.

He referred to the Marion Shelter Program’s bid proposal that was included with its zoning application. The bid proposal prepared by project manager Brent Longstieth stated that builders are not to supersede any local and state building standards.

Marion Township Fire Chief Mike Fogle said he was originally told that the shelter was going to be a residential duplex, which he thought meant a multi-family housing unit such as a two-to-four apartment complex that would be considered residential.

What was built was a building with two wings that can hold up to 30 people including staff. Marion City Fire Chief Al Gruber said he and Mike Makowski, the fire department’s inspector, inspected the facility when it became city property and told Lovett that the shelter needs a sprinkler system.

“It was the fire department’s job to make sure it was safe,” said Gruber. “I’m hoping to help them however I can. I offered to go to any church and explain to them” that donations are needed to keep the facility and its residents safe.

“My inspector and I have to sleep too,” said Gruber, who said he was concerned because of how many people would be at the shelter and that they allow cooking by residents at the site. “I just want it safe.”

He said that the shelter never received state approval for building plans.

Lovett said he was unaware that the shelter would need a fire sprinkler system nor building plan approval until the building was built and inspected by Marion City Fire Department.

“We didn’t ignore the requirements but were not informed as much as we needed to be,” said Lovett, who said he did not contact the Ohio Board of Building Compliance because he was told that the shelter was residential and did not fall under the state.

Lovett said an architect drew up building plans after it was built because the state requested the plans. He said the building was built without an architect because he was told exact plans would not be needed if the building did not need state approval.

Lovett said they received bad advice but did not elaborate.

“We’re actually frustrated with ourselves as well,” he said. “You live and learn.”

Matt Mullins, a spokesman with the state building appeals board, said the state considers the building to be commercial. The appeals board acted on an appeal of an Ohio Bureau of Building Code Compliance ruling issued after the shelter program requested an appeal of the fire department’s decision.

The city and county currently do not have their own building code after voters in the city repealed the code and the county dropped it afterwards. Gruber said if there was a building code and a building code office he expects that office would provide such information as what is required before building.

As it exists now, he said there is no one he knows of that would have the job of making sure people have the proper building permits.

Lovett said no one, including utilities who hooked up service to the building, questioned whether or not the facility needed state approval.

“No one can give you a straight answer,” said Lovett. “That’s why we got away with building the whole thing residential.”

He said he believes it is partly because it is rare for homeless shelter programs to build their own buildings. It is more common to renovate an existing building such as the homeless shelter program’s men’s shelter located on East Fairground Street.

Local officials agreed it is a sort of gray area as to whether a new shelter would be commercial or residential. Mullins did not comment other than to say the state ruled this shelter to be commercial.

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