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• k • �s �I lti i' Advocates Law Group, PLLC � I t Experience Counts and Cost Matters June 2,2017 lv CITY 0 FVER David Hall,Esq. City Attarney'S Otfice City of Everett Legal Department 2930 Wetmore Avenue Suite 10-C Everett,WA 98201 i Re: City of Everett v.Clermont Holdings,LLC; Case No. CE16-0858 j Dear David; You and I spoke last week about the International Code Council's opinion that the Clermont Apartments do not constitute a building equipped with a passenger elevator, and thus Section 606.2 of the IPCM does not apply. You stated that the City's code enforcement personnel believe that this opinion is based on an inaccurate view of the facts—specifically, they are of the opinion that the permit for the work enclosing the central stairs with fire doors did not require work necessitating final decommissioning and abandonment of the elevator. We recognize that a € cursory review of the permit drawings could suggest this conclusion. However, a closer inspection of the drawings, together with a full understanding of the work at issue, the i discussions with the City leading up to that work and the City's permitting and inspection =. thereof, shows that the City clearly understood and authorized final decommissioning of the already-inoperative elevator as an integral part of creating a fire-safe stairwell in the building. Permit Drawings t I' The permit drawings show where the fire doors are to be located. The specified location for the j fire door closest to the elevator shaft is the exact former location of the electrical controls for the k elevator: This necessitated removal of the elevator controls in order to install the fire doors in accordance with the permit. Enclosed as Exhibits 1,2 and 3 are photographs taken while the fire door ftaming was being installed,which clearly demonstrate this fact. This location for the doors was extensively discussed during the permit review process. The City would not allow the doors to be located closer to the stairs because the doors could then strike people in the stairway or prevent them from using the stairs while swinging shut. The City would not allow the doors to be located on the other side of the elevator because then the elevator shaft would be located inside the fire stairwell, creating potential fire access and thus defeating the purpose of enclosing z f Dieter Struzyna, Attorney e-mail. DStruzyna@advocatesig.com I phone:(425)827-4794 ( cell.(206)550-1409 1 fax:(425)827-9785 address:3000 Northup Way Ste 101 Bellevue,WA 98004 ! is r � / 11 " 1 • e e •