County to fix 5 of Jackson's code violations

Cape Girardeau County officials are in the process of addressing five of six safety code violations pointed out in a walk-through by a city of Jackson building inspector recently.

What once appeared to be a conflict over whether the city had jurisdiction over county buildings has, at least tentatively, turned into a cooperative venture. However, it remains to be seen what concerns may come to light when the city receives detailed building plans from the county. It also remains to be seen how the conflict will play out in future county construction in Jackson.

City administrator Jim Roach said the city will not take legal action against the county over the current project -- the remodeling of the old sheriff's department building. The county is converting the vacant space into offices for public defender offices.

However, Roach said, the city will expect the county to comply with the city's inspection and permit process on new construction in the future. Without the proper permits, the city will refuse to connect the new buildings to city utilities, he said.

The debate dates back several years to when the county built its jail and archive center. The city charged and collected more than $8,000 in fees for various permits.

Later, the county researched the matter and found case law examples that said counties did not have to pay cities for such fees, nor did it fall under city planning and zoning requirements.

The city did not reimburse the county. However, the city agreed to do all future inspections and issue all future permits for free.

County officials at first hesitated when the city asked to inspect the future public defenders building several weeks ago. Much of the remodeling had already been completed when the city requested plans. Presiding Commissioner Gerald Jones, citing the statutes researched by Prosecuting Attorney Morley Swingle, said the city had no authority over the county concerning planning and zoning regulations or fees associated with inspections.

He said the county didn't need permits from the city to do work on county buildings.

City attorney Tom Ludwig has said that he believes the city is obligated, in the interest of public safety, to conduct inspections and issue permits on all public buildings.

The county reconsidered its stance when Jackson fire chief Brad Golden approached the commission and asked the city be allowed in the building. Golden said he had concerns for the public and firefighters and wanted the city to check out the building just to make sure it was safe.

The commission allowed inspectors in but maintained its position that it didn't need permits, or permission, from the city.

The city performed a walk-through of the building and found six areas of concern. Don McQuay, the county's building and grounds superintendent, has been working to address the codes.

Following are the city's findings:

Fire detectors, pull stations and fire extinguishers were not installed as required by code. McQuay said the building had some of these items, but the code required more. He said compliance "is in the works."

The exit corridor was not properly fire rated and panic hardware was not installed. McQuay said a fire-rated, sheet-rock ceiling has been installed and the panic hardware, or the bar on the exterior emergency door handle, will be installed this week.

Exit lights and emergency lighting were not installed. McQuay said workers are putting in strobe lighting for the hearing impaired.

Electrical installation compliance could not be determined because electrical installations had already been enclosed in finished walls. McQuay said the electric is in compliance with safety codes.

No plans were available to the inspectors on site for reference. McQuay said he has contacted the architect and the city will have the plans soon.

Handicap-accessible parking space was not designated near accessible entrance. McQuay said a parking space has been established near where the public defender office will be.

"The main thing we're waiting on are some plans, but we're grateful for the cooperation we're getting so far," Golden said.

One of the things that happened as a result of the remodeling was a change in the building's status from an institutional occupancy to a commercial occupancy, Golden said. Under a commercial occupancy, more safety guidelines are required.

Most of the recent findings were associated with the Americans with Disabilities Act, McQuay said.

"I'm compassionate for the ADA," McQuay said. "I'm also trying and willing to work with the Jackson inspections department."

Roach said the county's inspection was not the normal process that the public has to go through when doing remodeling projects.

Usually, a homeowner or architect hands turns in plans at the beginning of the project for the city's review. The city then makes suggestions and recommendations on how to meet codes. He said the plans may unveil other findings.

If that turns out to be true, Roach said the city will notify the county of other code violations. Roach said that, based on the commission's stance, the county probably won't tear up its construction to meet code.

Once the city notifies the county, "we're done," Roach said. "We're not interested in taking this to court, and we're not interested in playing games."

bmiller@semissourian.com

243-6635