No leeway granted to Naperville property owner on sprinkler system requirements

While considering whether to give a commercial property owner an additional two years to install a sprinkler system, the Naperville City Council chose fire safety enforcement over providing economic relief.

In a 6-3 vote Tuesday, council members shot down a request from Rich Janor of Janor Properties LLC to defer the deadline for bringing his vacant building at 1111 S. Washington St. into compliance with the city's fire suppression requirements.

Facing challenges in his efforts to sell or lease the property, Janor was asking the council for a seven-year extension of a fire suppression agreement that expired April 14, pointing to the "hardships presented by the recent pandemic resulting in ongoing retail/commercial vacancies in Naperville."

The deferment would allow a new occupant to become settled and complete other renovations before needing to outfit the space with a sprinkler system, he said in a letter to the council. Estimates show the fire suppression installation could cost upward of $83,000, he said Tuesday, "a daunting number" that has been a deterrent for potential buyers and lessees.

The city's building review board last month supported a three-year extension of the deadline, which Janor thought was fair, while staff members suggested two years. Both recommendations included a caveat requiring the fire suppression system to be installed sooner in the event of a major internal renovation.

Councilwoman Patty Gustin felt an extra two years was reasonable, saying she wants to be sensitive to the business and property owners struggling amid the COVID-19 crisis. She voted in favor of the extension, along with Councilman Paul Leong and Mayor Steve Chirico.

But they were overruled by the other six council members, most of whom said delaying the installation any more is a fire safety hazard.

"While I do think it's important to recognize the economic difficulties going on right now, I do believe ... public safety is the No. 1 concern here," Councilman Ian Holzhauer said. "I'd hate to see firefighters have to respond because we didn't enforce a rule."

Staff members don't intend to be punitive but rather will work with Janor to bring his building into compliance within a reasonable time frame, City Manager Doug Krieger said.

The fire suppression agreement for 1111 S. Washington St. was initially signed in 2008 by a previous owner, requiring that the sprinkler system be installed within 10 years.

During the economic recession in 2010, the council approved adding three years to all fire suppression agreements within the city, extending the installation deadline for this building to April 14 this year.

Janor purchased the site in 2016 and operated his apparel company, Janor Sports LLC, until it was acquired last year by Dallas-based BSN Sports, he said. The building has since been unoccupied.

Bill Novack, the city's director of transportation, engineering and development, guesses about a dozen other commercial properties have active fire suppression agreements. The city has seen the "full spectrum" of cases, he said, with some extensions granted, some deals shortened and some installations completed before the deadline.

For Janor's building, a 13-year extension is long enough, Councilman Paul Hinterlong said, noting he doesn't want to kick the can down the road any further or set a precedent for other sites.

"If we just keep extending and extending and extending, it never gets done, and pretty soon that day comes where there is a fire, and who's going to be responsible?" he said. "That's a lot to try and sleep on."