File #: LN-375    Version: Name:
Type: DRC Submission Status: Held
File created: 11/16/2022 In control: Development Review Committee
On agenda: 8/16/2023 Final action: 8/16/2023
Title: MARTIN BROWER INDUSTRIAL
Attachments: 1. DRC Documents_12.07.2022.zip, 2. DRC Drawings_12.07.2022.zip, 3. DRC Drawings_03.01.2023.zip, 4. DRC Documents_3.01.2023.zip, 5. DRC Documents_07.05.2023.zip, 6. DRC Drawings_07.05.2023.zip, 7. DRC Drawings_08.16.2023.zip, 8. DRC Documents_08.16.2023.zip

boardname

DEVELOPMENT REVIEW COMMITTEE

Meeting Date: AUGUST 16, 2023

 

title

MARTIN BROWER INDUSTRIAL

 

projectinfo

Request:                     Minor Site Plan

P&Z#                     22-12000023

Owner:                     Lone Oak-Pompano LLC

Project Location:                     1661 NW 12 Ave

Folio Number:                     484227050060

Land Use Designation:                     I (Industrial)

Zoning District:                     I-1 (General Industrial)

Commission District:                     4 (Beverly Perkins)

Agent:                      Josh Nichols (561-684-6141)

Project Planner:                     Lauren Gratzer (954-545-7792 / lauren.gratzer@copbfl.com)

 

otherinfo

 

 

Summary:                     

The Applicant is requesting Minor Site Plan approval for improvements to the parking lot. This is a resubmittal from the 12/7/2022, 3/1/2023, and 7/5/2023 DRC meetings.

 

 

Staff Conditions:                      

PLANNING

Daniel Keester | daniel.keester@copbfl.com

Authorized with Conditions

 

The following items are notes about the application & no action is required by the Applicant:
-Land use for this parcel is Industrial (I). The proposed use listed on the site plan indicates this is an extension of the parking/ vehicular use area which is a permitted use in this land use category.
-The property was platted in 1972 (portion of Flo East Co Plat Parcel "A" / Plat Book: 77 Pg: 5), and there are no plat note restricting the use of the property. Based on the approved plat & the proposed scope, there do not appear to be any additional platting requirements. The applicant may confirm with Broward County Planning Council for platting requirements.
-The property is abuts NW 12 Avenue. The survey indicates that there is an existing 30 feet to the centerline of NW 12 Avenue. The required right-of-way width at this location is 60 feet for NW 12 Avenue. Thus, no additional dedications are required.
-The city has sufficient capacity to accommodate the proposal.

 

 

ENGINEERING DEPARTMENT

David McGirr | david.mcgirr@copbfl.com

Authorized with Conditions

 

The following comments must be addressed prior to the submission of these plans to the Building Division for formal plan review and permitting:


1. Submit / upload the (BCEPMGD) Broward County Environmental Protection and Growth Management Division Surface Water Management permit or exemption for the proposed paving and drainage shown on the civil engineering drawings.

2. Place note on landscape plans as per City Ordinance(s) §50.02(A) (4) and §100.35(E), that landscaping materials other than sod are not allowed within (5'''''''') five feet of any portion of City owned utilities within the public street right-of-way including meters, hydrants, service lines etc. Also, please note that no trees, shrubbery or obstruction shall be placed within a 3’ radius of a City-owned sewer lateral cleanout or water &/or reuse meter. Show the location of all existing City owned and maintained potable water mains and services, sanitary sewer mains or laterals and storm drainage lines on the proposed landscape plans. Contact Tracy Wynn GIS Coordinator Engineering Div. for Utility information. 954-545-7007 tracy.wynn@copbfl.com Engineering Standard street tree detail 316-1 and 315-1.

3. Prior to the approval of the City Engineering division, the City’s Planning and Zoning Division must approve these plans.

4. Prior to the approval of the City Engineering division, the City’s Utilities Division must approve these plans.

**** Please note - additional review comments may be issued by the City Engineering Division throughout the remainder of the permitting process while the civil engineering plans are being finalized for this project.****

 

 

FIRE DEPARTMENT

Jim Galloway | jim.galloway@copbfl.com

Authorized with Conditions

 

This P&Z application is able to meet all of the Fire Department requirements at this time for Site Plan Review. However, the petitioner shall maintain all proper fire department access and water supply requirements as per chapter 18 of NFPA 1 as amended from time to time.
*Additional comments may follow throughout the remainder of the permitting process. The buildings shall be in compliance with All NFPA Standards prior to receiving Fire Department approval.

 

 

BUILDING DIVISION

Todd Stricker | todd.stricker@copbfl.com

Authorized with Conditions

 

Advisory Comments
A preliminary examination of the documents has been performed; additional comments may apply when completed plans and/or specifications have been submitted for permitting to the building department.
Buildings shall comply with all local, state and federal codes in effect at time of application, including FEMA Floodplain, NPDES and HVHZ regulations.

FBC_BCA 105.2.3 Public service agencies/other approvals. The building official shall require that the laws, rules and regulations of any other regulatory AHJ, and where such laws, rules and regulations are applicable and are known to the building official, shall be satisfied before a permit shall be issued. The building official shall require such evidence, as in his or her opinion is reasonable, to show such other approvals.

City Ordinance 53.16(A)(1) Construction sites and construction activities. construction sites and operations shall be required to maintain during and after all construction, development excavation or alteration operations, structural and non-structural best management practices with the intent to reduce pollutants and sediment in stormwater runoff.

City Ordinance 152.06(A): If applicable, contractor shall provide temporary screened fence complying with City Ordinance 152.06(B) through 152.06(G).

FBC 3306.1 Pedestrians shall be protected during construction, remodeling and demolition activities as required by this Chapter and Table 3306.1. Signs shall be provided to direct pedestrian traffic.

City Ordinance 152.25(A) Site plans and construction documents, Information for development in areas with base flood elevations. The site plan or construction documents for any development subject to the requirements of the floodplain regulations shall be drawn to scale and shall include, as applicable to the proposed development all sections from: City Ordinance 152.25 (A)(1) thru City Ordinance 152.25 (A)(7). Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development, etc. nonresidential buildings shall comply with City Ordinance 152.29(C)(1)(B).

FBC A201.1 This code establishes standards for accessibility to places of public accommodation and commercial facilities by individuals with disabilities. All new or altered public buildings and facilities, private buildings and facilities, places of public accommodation and commercial facilities subject to this code shall comply with 2020 FBC Accessibility.

FBC A221.1.1 Florida vertical accessibility. Nothing in this code relieves the owner of any building, structure, or facility governed by this code from the duty to provide vertical accessibility to all levels above and below the occupiable grade level, regardless of whether the ADA standards for accessible design require an elevator to be installed in such building, structure or facility.

FBC A206.2.1 Site arrival points. At least one accessible route shall be provided within the site from accessible parking spaces complying with FBC A502 and accessible passenger loading zones complying with FBC A209; public streets and sidewalks; and public transportation stops to the accessible building or facility entrance they serve.

FBC_BCA 107.3.4.0.6 Compliance with the specific minimum requirements of this code shall not be in itself deemed sufficient to assure that a building or structure complies with all of the requirements of this code. it is the responsibility of the architect and/or engineer of record for the building, structure or facility to determine through rational analysis what design requirements are necessary to comply with 2020 FBC.

1. FBC_BCA 107.1 As per the building official, separate building applications will be required for erosion control, site work, temporary fences, monumental signage and miscellaneous site structures.

2. FBC_BCA 105.9 Asbestos. The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner’s or operator’s responsibility to comply with the provisions of section 469.003 Florida Statutes and to notify the department of environmental protection of his or her intentions to remove asbestos, when applicable, in accordance with state and federal law. Contractor will be required to submit Broward County asbestos program certificate of submittal indicating that the statement of responsibility has been submitted.

3. FBC [F] 903.2 The enforcing agency will require that all provisions for an approved automatic sprinkler systems in new buildings and structures be provided in the locations described in sections 903.2.1 through 903.2.12 if applicable.

4. FBC 701.1 The enforcing agency will require that the provisions of this chapter, governing the materials, systems and assemblies used for structural fire resistance and fire-resistance-rated construction separation of adjacent spaces to safeguard against the spread of fire and smoke within a building and the spread of fire to or from buildings, comply with this section of the code.

5. FBC 703.2 Fire-resistance ratings. Where materials, systems or devices that have not been tested as part of a fire-resistance-rated assembly are incorporated into the building element, component or assembly, sufficient data shall be made available to the building official to show that the required fire-resistance rating is not reduced. Materials and methods of construction used to protect joints and penetrations in fire-resistance-rated building elements, components or assemblies shall not reduce the required fire-resistance rating.

6. FBC 1003.1 The enforcing agency will require that all general requirements specified in sections 1003 through 1013, applicable to all three elements of the means of egress system, in addition to those specific requirements for the exit access, the exit and the exit discharge, comply with this section of the code.

7. FBC_BCA 107.1.1 The enforcing agency will require a life safety plan illustrating the floor area with proposed alterations with each room labeled. indicate construction type, fire rated walls, occupancy type: (current and proposed), occupancy load, means of egress, common path/travel distance/dead end corridor limits, accessibility accommodations including areas of refuge if applicable, emergency lighting, exits/exit signage, fire extinguishers, smoke alarms, fire suppression system and pull stations if applicable. Also provide tested design from accepted agency for rated walls and penetration details.

8. FBC_BCA 107.3.5.6 The enforcing agency will require product approvals be reviewed and approved by the building designer prior to submittal to verify that such products comply with the design specifications. Reviewed and approved product approvals shall then become part of the plans and/or specifications. Product approval shall be filed with the building official for review and approval prior to installation.

9. FBC_BCA 107.3.5.2 The enforcing agency will require that all shop drawings, (i.e. components attached to building structure, trusses/joists, window walls, railings, awnings, chutes…etc), necessary to show compliance with applicable codes; shall be approved by the architect or professional engineer and submitted to the building official prior to installation.

10. F.S. 481.221(2) The enforcing agency will require digital signature panel to be active on all documents submitted for review to authenticate the serial number matches the submitted ESA. F.A.C. 61g1-16.005 Each sheet is required to be digitally or electronically signed, and bear the impress seal of, an architect or engineer (FBC_BCA 107.3.4.0.1).

11. FBC_BCA 107.3.4.0.8 All plans and/or specifications prepared by an architect or an engineer pursuant to the requirements of this code shall be hand signed, dated and sealed.

12. FBC_BCA 110.10.1 The enforcing agency will require a special inspector for various components of the building as determined by the building official. Building dept. will require special inspector form be completed and submitted for approval.

13. FBC_BCA 110.7 For threshold buildings, shoring and associated formwork or false work shall be designed and inspected by an engineer, employed by the permit holder or subcontractor, prior to any required mandatory inspections by the threshold building inspector.

14. FBC_BCA 110.8.1 The enforcing agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building.

15. FBC 1512.3.1 The enforcing agency will require that all new roofing construction, including recovering and reroofing, repair or maintenance shall have A HVHZ uniform roofing permit application, as established by the authority having jurisdiction, completed and executed by a licensed contractor.
Fbc 1512.3.2 The uniform roofing permit shall include calculations in accordance With Chapter 16 (High-Velocity Hurricane Zones) of this code, unless the roofing assembly is less than the height/pressure threshold allowed in the applicable protocols herein.

16. FBC A208.2 Minimum number. Parking spaces complying with 502 shall be provided in accordance with table 208.2 except as required by 208.2.1, 208.2.2, and 208.2.3. Where more than one parking facility is provided on a site, the number of accessible spaces provided on the site shall be calculated according to the number of spaces required for each parking facility.

17. FBC A208.2.3.3 Parking for guests, employees, and other non-residents. Where parking spaces are provided for persons other than residents, parking shall be provided in accordance with table 208.2.

18. FBC A502.6 The enforcing agency will require parking space identification comply with the following code: signs shall include the international symbol of accessibility complying with FBC A703.7.2.1. Signs identifying van parking spaces when required By FBC A502.2 shall contain the designation “Van Accessible.” Reference Engineering Standard 300-5.

19. FBC 3303.5 Water Accumulation. The enforcing agency will require provisions be made to prevent the accumulation of water or damage to any foundations on the premises or the adjoining property.

20. 1804.4 Site Grading. The ground immediately adjacent to the foundation shall be sloped away from the building at a slope of not less than one unit vertical in 20 units horizontal (5-percent slope) for a minimum distance of 10 feet measured perpendicular to the face of the wall. If physical obstructions or lot lines prohibit 10 feet of horizontal distance, a 5-percent slope shall be provided to an approved alternative method of diverting water away from the foundation. Swales used for this purpose shall be sloped a minimum of 2 percent where located within 10 feet of the building foundation. Impervious surfaces within 10 feet of the building foundation shall be sloped a minimum of 2 percent away from the building.

21. FBC_BCA 110.13.2.1 It shall be the joint responsibility of any owner of real property upon which construction is occurring, and any contractor responsible for said construction, to ensure that all road rights-of-way remain free at all times of all construction waste and trash resulting from such construction, and that all waste and trash resulting from the construction are contained on the real property upon which the construction occurs.

22. FBC_BCA 109.3 Building Permit Valuations. The applicant for a permit shall provide an estimated permit value at a time of application. Permit valuations, shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems.

23. FBC_BCA 110.8.5.4 All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that, to the best of the architect’s or engineer’s knowledge, the plans and specifications comply with the applicable minimum building codes and the applicable fire-safety standards as determined by the local authority in accordance with this section and chapter 633, Florida Statutes.

 

 

BSO

Anthony Russo | Anthony_Russo@sheriff.org

Pending Resubmittal

 

Reviewer: BSO Deputy Tony Russo for the City of Pompano Beach
Reviewer: BSO Deputy Patrick Noble for the City of Pompano Beach
anthony_russo@sheriff.org
M-(561) 917-4556 (Call, Text & Email; No Voicemail)
patrick_noble@sheriff.org
M-(954) 709-7006 (Call, Text & Email; No Voicemail)
Monday - Thursday; 8 AM - 4 PM


*** ATTENTION IMPORTANT ***
The services of an independent, and highly experienced, qualified and certified Security Crime Prevention/ CPTED Consultant are highly recommended to achieve and maintain objective credible security review integrity, and to expedite processing.

Disclaimer:
This safety and security review does not guarantee a crime will never occur; it is an effort to mitigate opportunities for crime and to help avoid any present and future security deficiencies, conflicts, threats, breaches, or liabilities that might occur without any review.


***PLEASE NOTE***
ALL OF THE BELOW CPTED & SECURITY STRENGTHING CONDITIONS HAVE BEEN INITIALED IN YOUR DRC RESPONSE LETTER, HOWEVER THESE CONDITIONS MUST BE INCORPORATED INTO YOUR CPTED NARRATIVE & YOUR CPTED DRAWING PLAN FOR APPROVAL.


CPTED & SECURITY STRENGTHENING CONDITIONS REQUIRED FOR APPROVAL:

1. Trespass, Wayfinding, Ground Rules & Other Signage: Territorial Reinforcement and Access Control
Initials _____

a. Submit a Broward Sheriff's Office No Trespass Program Affidavit simultaneously with the application.
Initials _____
b. Post sufficient “Broward Sheriff’s Office No Trespass” signage so that it is readily available at all entrances and all sides of the property: North, South, East and West.
Initials _____
c. Post BSO Trespass signs prominently with bottom edge of sign at approximately a minimum of 6’ foot height from ground level for clear unobstructed viewing throughout property and from the site perimeter lines. Secure robustly using sturdy fasteners at all corners to help prevent vandalism.
Initials _____
d. Property Rule signage language must be clear and prominently posted in appropriate areas listing clear policies and regulations regarding authorized legitimate activities and/ or unauthorized prohibited activities on the property. This helps to prevent, deter and/ or reduce disturbances and/ or violations that would otherwise occur and lead to avoidable and unnecessary calls for police response.

2. CPTED Lighting Standards
Initials _____

a. All Structures: Install vandal proof/ resistant motion-sensor security alert lights over all exterior doors and overhangs including main, garage, storage doors, storage sheds (if any), etc. Security motion sensors are very effective in capturing an intrusion and creating the perception by the intruder of being discovered, therefore these should be utilized in strategically targeted areas after careful consideration, especially any building design feature area that may attract thieves, burglars, robbers, trespassers, etc., who may use these vulnerable areas for concealment and ambush.
Initials _____

3. Burglar Alarms Security Alarms/ Safes - Physical & Mechanical Security Strengthening
Initials _____

a. Burglar Security Alarms/ Safes must be installed at any commercial property commercial, retail businesses and residential management offices, and/ or wherever valuables of any kind are stored such as computers, monitors, money, jewelry, other costly inventory, including potentially sensitive or personal or business identification documents, electronic files or financial information etc., that are targets of theft, frauds, burglaries and robberies. Alarms must be monitored and activated whenever businesses are closed, or all personnel are out of the building offices.
Initials _____

 

 

CRA

Kim Vazquez | Kim.Vazquez@copbfl.com

Status

 

Comments not provided as of 8/3/2023. Contact Kim Vazquez directly for comments.

 

 

UTILITIES

Nathanial Watson | Nathaniel.Watson@copbfl.com

Status

 

Comments not provided as of 8/3/2023. Contact Nathanial Watson directly for comments.

 

 

LANDSCAPE REVIEW

Wade Collum | Wade.Collum@copbfl.com

Authorized with Conditions

 

1. Thank you for the detailed comment response sheet.
2. Provide approvals from Broward County Surface Water Management for filling in the pond / retention area.
3. Relocate proposed utilities and how middle and south islands trees BS’s to be more centered to closer to the end of the island on East end. South and middle of East parking row.
4. As per 155.5203.D.4., a landscaped island shall be provided at each end of every row of parking spaces and per every 10 spaces. Landscape parking islands are to be a minimum 8’ wide and contain trees, sod and irrigation. East end of south side.
5. Show the Live Oaks adjacent to the retention area on the South side as per the original approved landscape plan. #58. Not Maples.
6. Provide required Type B Perimeter Buffers on the North side as per 155.5203.F.3. and provide a cross section detail for the accessory outdoor storage.
7. Adjust details and notes to show root flare above or equal to surrounding grade and note that mulch not be placed against trunk.
8. Please dilute the number of proposed Maples and propose an additional large canopy tree species.
9. Adjust planting details to only show sisal or other biodegradable material attached to trunk of tree. Remove any reference to hose and wires.
10. Adjust panting details to show mulch NOT touching the trunks of trees / palms.
11. As per 155.5204.F. No development, work, or demo activity shall be allowed within the dripline of a tree or tree protection area.
12. Provide a note on the plans that there will be no outdoor storage on the site. Staff could not locate note.
13. Tree relocation notes are muddied and difficult to read, please adjust. Please provide specifications and directives by a Registered Consulting Arborist prescribing timelines, watering, root pruning procedure and rootball size for all relocation proposed if any.
14. Provide a note on plan that a Pre Construction meeting with Urban Forestry is required before any work is performed onsite.
15. Provide a note that all road rock, concrete, asphalt and other non natural material be removed from all planting areas prior to landscape installation and be replaced with planting soil prior to landscape installation.
16. All tree work will require permitting by a registered Broward County Tree Trimmer.
17. Provide a comment response sheet as to specifically how comments have been addressed at time of resubmittal.
18. Additional comments may be rendered a time of resubmittal.

 

 

ZONING

Lauren Gratzer | lauren.gratzer@copbfl.com

Authorized with Conditions

 

1.                     This project is being reviewed at a minor site plan. The below minor corrections must be fixed prior to issuance of a Development Order.

2.                     A Type B perimeter buffer in accordance with Section 155.5203.F, Perimeter Buffers, shall be provided between the outdoor storage area(s) and all property lines (155.4302.W). Provide a note on the landscape plan calling out the northern property line will have a type B buffer.

3.                     Remove the wheel stops from the site plan, CPTED plan, & landscape plans as these are prohibited. This area should only have a continuous curb (155.5102.C.9).

4.                     The “signing and pavement marking plan” shows the parking space widths different than as shown on the site plan (8’, 10’, & 11’ instead of 9’ and 12’). Revise this plan to match the dimensions on the site plan. Standard parking spaces shall be at least 9’ and the truck parking shall be at least 12’ wide.

5.                     Likewise, update the landscape and irrigation plans to reflect the correct parking stall widths per the site plan.

6.                     The site plan has a note that says truck parking spaces are being removed and replaced with 21 15’x40’ truck spaces. This note is not accurate as 21 does not reflect the number of truck spaces nor are these the dimensions on the site plan. Revise this note.

7.                     It appears some light poles have been removed since the last submittal. This site is required to maintain a minimum illumination level of 1.0 foot-candle within the vehicular use area (VUA) and a maximum of 3.0 foot-candle at the property lines, per code section 155.5401.E. Revise the foot-candles within the northwest corner (the truck turn around area) and within the center of the property to meet this minimum level.

8.                     Comment not addressed: provide the cut sheets for all proposed light poles/fixtures. All must be full cut off fixtures.

9.                     Comment not addressed: The zoning district is I-1, not I. Update the “Development Regulations” chart on the site plan.

10.                     Comment not addressed: Sheet “008 1 COVER ss.pdf” says the project is in Palm Beach County. We are located in Broward County, revise.

11.                     Comment not addressed: On the site plan, show the required landscape screening around the generator pad and the generator itself in the NW corner, as approved on the 2015 landscape plan. The site plan does not show the same screening as the landscape plan OR remove this inaccurate screening from the site plan sheet.

12.                     The newly proposed standard parking spaces are proposed within a retention area. Provide approval from Broward County Surface Water Management by time of building permit

13.                     Condition of approval: All outdoor storage must be stored within the designated areas called out on the site plan and shall not exceed 35% of the building square footage, per Code Section 155.4303.W. Outdoor Storage (as an accessory use).

 

 

 

ENVIRONMENTAL SERVICES

Beth Dubow | beth.dubow@copbfl.com

Pending Resubmittal

 

REVIEW COMPLETE; RESUBMITTAL REQUIRED; PREVIOUS COMMENTS NOT ADDRESSED
Ensure adequate height clearance, access, and maneuverability for trash collection vehicles are provided.
1. Ensure adequate height clearance, access, and maneuverability for trash collection vehicles are provided.
2. Specify what kind of containers are being used. Enclosure shown on the site plan looks like it is for a 40-yard roll off container.
3. It is highly recommended that bollards be used in the enclosure to protect the walls from the dumpster/container when it is switched out or serviced.
4. Show the dumpster enclosure with gates on the site plan.
5. Show all turning radii (measured in FEET, not auto-turn) along the paths a garbage truck would need in order to enter, provide service, and exit this site. Garbage trucks require an inside radius of 35’ and an outside radius of 50’.
6. Applicant stated at previous meeting that: ALL RECYCLING IS BALED AND SENT OFF TO BE RECYCLED; GARBAGE IS COMPACTED AND HANDLED ON SITE. APPLICANT WILL LABEL ON THE SITE PLAN AND PLACE A NOTE EXPLAINING HOW IT IS HANDLED. No response to Environmental Service Department’s comments was submitted. No requested changes were submitted either.

NOTE: Owners of this commercial property are responsible for securing garbage collection service directly from the current City franchise collector, Coastal Waste and Recycling.

NOTE: Recycling collection is not required, but it is encouraged. Recycling collection service may be obtained a licensed recovered materials hauler.

NOTE: As stated in the Pompano Beach Code of Ordinances, Chapter 96, including Section 96.12(D)(1), all construction and demolition debris removal is the responsibility of the owner. All solid waste generated within the geographic boundaries of Pompano Beach shall be collected by the franchise collector (Coastal Waste and Recycling, at the time of this writing) and disposed of as directed by the city disposal agreement. All materials shall be generated from the property on which the materials are placed for removal. Information regarding container size and hauling costs may be found in Chapter 96, Section 96.13.

NOTE: Additional comments may be necessary based upon revisions, additional plans and/or documents. Contact Beth Dubow at 954-545-7047 or beth.dubow@copbfl.com should you have any questions or concerns regarding this review.

 

 

 

PLEASE NOTE: Applications that require resubmission to the DRC have 45 days from the time of original DRC meeting in which to resubmit. Applications that fail to be resubmitted before the completion of these 45 days, or fail to receive a time extension from the Development Services Director, shall be considered withdrawn (§155.2304.B).