City officials say bleachers don't meet code

Tuesday, July 27, 2004

McCook's city manager told Red Willow County commissioners in a letter dated July 21 that the bleachers in the new Kiplinger Arena on the fairgrounds do not meet McCook's and Nebraska's building codes. City Manager John Bingham has given the county until Oct. 15 to remove the bleachers or to have a Nebraska-licensed en-gineer determine that the bleachers do, indeed, meet code.

Commissioners discussed their options with County Attorney Paul Wood during their regular meeting Monday morning.

Monday afternoon, the president of the fair board, which oversees the operation of the Kiplinger Arena, said he has no qualms about using the bleachers during the county fair, which starts this week.

"If I thought for a minute these were unsafe, they've be gone right now," said Bob Haag.

Haag said these bleachers have a stamp from a Nebraska-licensed engineer, and are the same as bleachers that the engineer's company in-stalled at the Budweiser Center in Loveland, Colo., and in the Lancaster Event Center in Lincoln.

The bleachers were built by the D.G.J.D. Co., owned by Gordon Maatsch, of Jefferson, Colo.

Deb Lafferty, the fair board secretary, said the bleachers were approved by Maatsch's engineer, who is registered in Nebraska and Colorado.

"If the fair board thought these bleachers were not safe, they would have pulled them immediately," Lafferty said.

Haag said the bleachers have been full "more than once, and there has been no indication of problems whatsoever."

The bleachers were purchased for $15,500, which was the low bid when fair board members advertised for bleacher bids.

Wood told commissioners there may not be a question of whether the bleachers are safe or not, but whether they meet codes. "We've got to assure ourselves, and the city, that these bleachers meet city and state codes," Wood said.

"What it all boils down to, is ... ," Wood said, "if someone gets hurt because the bleachers fail to meet code, the city and county can be sued, and neither would have insurance coverage."

Bingham told commissioners in his letter that if the bleachers were to fail due to "non-conforming items," he and building inspector Doyle Wineland could face personal fines and imprisonment, as well as the county and city being sued for damages.

Bingham's letter continued, "Should anyone ask, 'What will happen if nothing is done by Oct. 15, 2004?," please let them know that if that is the case, I will direct the city attorney to take whatever action she deems appropriate to obtain compliance with the City of McCook and Nebraska building codes in a timely manner."

Bingham sent copies of his letter to commissioners to Haag, Wood, city attorney Rhonda Vetrovsky and Larry Eisenmenger of EMC Insurance Companies/MNB In-surance, the county's insurance provider.

Wood told commissioners this isn't a case of the city manager "throwing his weight around. It's the city manager doing his job and shielding his employer from liability."

Wood told commissioners he will contact Bingham about the D.G.J.D. Co. engineer. Commission Chairman Earl McNutt said the county may have to hire an engineer to inspect the bleachers.

Commissioner Leigh Hoyt said some of the controversy involves angle iron that is bolted, not welded. Haag said, too, questions have arisen because the code describes only "temporary" and "permanent", not "portable" bleachers, which is what those in the Kiplinger Arena are considered.

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