By Lucky Kidd
McPHERSON, Kan. — After more than a half hour of discussion before a larger than usual audience, McPherson City Commissioners said this morning they were not ready to grant a certificate of occupancy to allow Noffy’s Sandwich Shop & Pub to complete a move from their current location (210 N. Main) to a former donut shop at 122 North Main.
Architect Brennon Randa from Plan 4 Architecture said the Fire Department is not issuing a certificate of occupancy for the building due to what it feels is a firewall requirement for a basement space below the shop, which Randa said was misclassified as a occupied storage space when in reality the only things that would be in the basement would be mechanical equipment, also noting no actual preparation work would be done in the basement which would increase firewall requirements.
Justin Burton with FP&C Consultants, who Randa brought in to look at the fire code issues, told the Commission based on what he’s learned so far, the building as it now is compliant based on the 1997 International Building Code, which is what the State Fire Marshal has designated for existing buildings such as this.
“It was previously a donut shop, which was an A2 (use). It is now a sandwich shop which is an A2. So technically it’s an existing condition that’s permitted to remain,” Burton told Commissioners, adding that even if it were considered an A3 use it would be compliant.
Burton is preparing a report on the issues, and Mayor Tom Brown said he wanted to see that report before making any decisions. Stating this is something that they as a group do not have a background in, Brown suggested if the two sides can’t come to an agreement the issue be taken to the State Fire Marshal for their review, and the decision be made by them.
Commissioners Gary Mehl and Larry Wiens were in agreement with the mayor on that. It’s possible a report could be in hand as soon as next week.
