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Journal North: Home | Sports | Opinion | Obits | Entertainment
Wednesday, March 17, 2010
State Questions Safety of Tent Casino in Raton
By Thomas J. Cole
Of the Journal
Last fall, the state Construction Industries Division office in Santa Fe refused to issue a permit for construction of a temporary casino in Raton, citing a lack of drawings for the tent structure and other problems with the application.
The contractor, Franken Construction Co., then went to the Construction Industries office in Albuquerque, where it was able to get the green light to start work.
State Regulation and Licensing Superintendent Kelly O'Donnell, who oversees Construction Industries, called the decision by the Albuquerque office unfortunate and said Franken Construction appeared to have engaged in "plan review shopping."
"Ideally, they would have been rejected in both places," she said in an interview Monday.
Now, according to O'Donnell, work on the temporary casino has moved beyond what was permitted by the Construction Industries office in Albuquerque and could be halted unless builders demonstrate that construction will meet state building code requirements.
Construction Industries has given Franken Construction until Friday to provide information showing the project meets requirements.
"If we don't get it, we're going to have to step in," O'Donnell said. "We are not going to allow them to proceed with construction."
Construction Industries is particularly concerned that the tent will be able to withstand snow, wind and other loads, making it safe for workers and patrons.
"To us, life safety is always the highest priority," O'Donnell said.
Jim Franken, president of Franken Construction in Las Vegas, N.M., disputed O'Donnell's version of events.
He said the company asked the Santa Fe office for a permit for only the casino's foundation. It was rejected, he said, because of a lack of electrical and mechanical drawings showing what would be underneath the foundation.
Franken said a worker in the Santa Fe office suggested the company submit revised plans to the Albuquerque office because the project's architect was in Albuquerque.
The Albuquerque office issued a permit for the foundation in December and issued a second permit in January, Construction Industries records show.
O'Donnell and Franken disagreed on what that the second permit allowed. O'Donnell said it was for completion of the foundation. Franken said it was a full construction permit.
The construction trouble is just the latest in a growing list of setbacks for the planned $50 million La Mesa horse-racing track and slots casino on the south edge of Raton.
The state Gaming Control Board has threatened to impose sanctions against Racing at Raton — headed by Canadian developer Michael Moldenhauer — if it doesn't have the temporary casino open by May 1.
Last week, construction was continuing on the temporary casino but much remained to be done, including attaching prefabricated offices and restrooms to the structure and paving the parking lot.
The tent is 60 feet by 180 feet and sits on a concrete slab. Its walls are reinforced with metal framing, and the interior walls and ceilings are to be covered with sheetrock. A sprinkler system for fire protection is being installed.
The temporary casino is to house 300 slot machines and simulcast betting on horse racing, as well as the sophisticated backroom computer and security equipment that goes along with such gambling.
"There is a lot going on in that tent," O'Donnell said.
Correction notices
Because the city of Raton doesn't have an agency to enforce building codes, the Construction Industries Division is responsible for reviewing building applications and issuing construction permits in the city.
Construction Industries records show that Franken Construction filed a building application for the temporary casino with the Santa Fe office on Oct. 27.
In rejecting the application a few days later, a permitting supervisor listed several problems, including a lack of electrical and mechanical drawings and an analysis of whether construction would meet building codes.
Franken Construction then took the application to the Albuquerque office, where it received the "foundation only" permit on Dec. 18 and the second permit on Jan. 20.
O'Donnell said that the Santa Fe office had entered its rejection in a Construction Industries computer database but that the Albuquerque office doesn't routinely check the database for such information unless it is aware of a problem on an application.
"The information was available, but it wasn't accessed," she said. "Had they known they had been shown the door in Santa Fe, the Albuquerque office would have been a little more alert."
O'Donnell said Construction Industries was alarmed to learn that construction of the temporary casino had moved well beyond the foundation.
In a visit to the site on Feb. 24, a Construction Industries inspector provided Franken Construction with several correction notices.
"I am requiring re-evaluation for code compliance of all design submittals through the Santa Fe Plan + Permitting Dept. CID main office," the inspector wrote in the notices.
"The structure (drawing) is missing structural details and components throughout," the inspector wrote.
The inspector also said he needed documentation on the structural strength of the tent, its load capacities, the fire-resistant rating of the construction and operation of the fire sprinkler system.
O'Donnell said Construction Industries also is concerned whether the tent will meet the energy-efficiency requirements for construction.
In a letter to Franken on Monday, Construction Industries Director Lisa D. Martinez also said the plans submitted so far for the temporary casino don't depict what is being built.
"And the structure that is being built does not comply with applicable building codes," Martinez wrote. "Therefore, new building plans are required for this project."
The letter outlined what additional construction information is needed to demonstrate it meets the codes and advised the contractor that construction will be stopped unless the information is received by Friday.
"Once the plans are received, CID will begin immediate review and will work with you and the project design professionals to do everything possible to expedite the project," Martinez wrote.
Energy troubles
Franken said his company wouldn't have done work beyond the foundation unless it believed the second permit issued by the Construction Industries office in Albuquerque was for full construction.
He also said the company wouldn't have proceeded if it had known of all the questions that Construction Industries has about the project.
"Why wasn't that caught at the time of review?" Franken asked. "They should have said no" to the second permit.
He said Construction Industries should have the additional information it has requested by the end of the week. The agency then will decide whether the temporary casino will comply with building codes.
Franken said that the casino may need a waiver from meeting energy-efficiency codes but that the structure will be up for less than a year.
If all goes as planned and construction can continue, the contractor will ask Construction Industries for an occupancy permit for the temporary casino in about a month, Franken said.
UpFront is a daily front-page news and opinion column. Thom Cole can be reached in Santa Fe at 505-992-6280 or at tcole@abqjournal.com.
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