Local meeting finds Elmwood Coldwater Apartments work qualifies as level 3 rehabilitation

Members at a municipal permits meeting in Coldwater voted to agree with the city’s building department that repairs to Elmwood Coldwater Apartments should be classified as a level 3 rehabilitation, a determination that will require the project to meet current code requirements rather than be processed as a like‑for‑like repair.

John Murphy, who identified himself as representing the management company and ownership group for Elmwood Coldwater Apartments, told members the property suffered a February 2024 lithium‑ion battery fire in a ground‑level storage/basement area. He said consultants found asbestos in walls and floors and the insurer directed removal; Murphy said 17 of the 24 units were gutted and the owner’s consultants consider the work a repair and sought permits to reconstruct with the same materials. “This is a repair…we’re not changing any structure,” Murphy said, urging that permits be approved so units can be returned to occupancy.

Opponents and city representatives argued the scope exceeds thresholds for repairs. A board member and public commenters noted that 17 of 24 units equals about 70.8% of units and said that calculation — together with extensive removal of drywall, piping and wiring — pushes the work above the commonly applied 50% threshold used to determine a level 3 rehabilitation. “I don’t say you can call it a repair when you’ve gotta redo almost everything in the building,” said Mr. Fickle, a public commenter.

The transcript records debate about building‑code interpretations. Murphy and the owner’s engineers cited section 603, “fire protection,” of the “2015 MRCEB,” saying restoring previously provided passive fire protections satisfies minimum repair requirements and would not automatically require installing an automatic sprinkler system. Others pointed to local permit examples and said projects exceeding 50–51% should be brought up to the current code, including sprinkler systems where required. An unidentified speaker referenced a nearby project at 22 West Pearl Street that is being remodeled with a sprinkler installation as a comparative example.

After deliberation Member Hamilton moved to agree with the building department that the Elmwood Coldwater Apartments project qualifies as a level 3 rehabilitation; Member Cole seconded and the motion carried by voice vote. The transcript does not record an itemized roll‑call vote or individual votes for the motion beyond the chair’s call for aye/ opposed responses; the meeting record shows the motion passed.

Practical implications of the board’s determination were raised during discussion: the classification triggers application of current code requirements, which can include upgraded fire‑protection measures and additional construction documentation. Murphy said some structural repairs (a handful of floor joists) were included in previously submitted engineered drawings and that the boiler was already replaced under an approved permit; he also said the insurer declined to underwrite additional upgrades the insurer considered unnecessary under their interpretation.

The board closed the public hearing after questioning and then voted to concur with the building department’s interpretation, classifying the project as a level 3 rehabilitation. The meeting adjourned shortly after the vote. Further steps noted in discussion include permit review and building‑department oversight of required code upgrades and documentation.