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Sunday, Mar. 21, 2010

The Portage Daily Register

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Sprinkler battle continues for Klein

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A city business owner's quest to change Portage's fire sprinkler laws continues on two fronts, with a building project variance request this week and an upcoming billboard criticizing the city.

Ken Klein, the co-founder and co-owner of QC Electronics in the Portage Industrial Park, said he entered into a year contract for a billboard taking aim at the city's sprinkler ordinance. He also will appear Thursday before the city's automatic fire sprinkler systems variance board to request an exemption from the sprinkler law for a building expansion.

Klein's business makes and maintains machines that produce coronas, which increase surface tension through ionized air of materials such as plastic, steel and rubber to allow bonding to occur. It's the science that makes logos appear on plastic food containers, for instance.

Klein wants to expand his LaDawn Drive building to facilitate a contract with a Chinese company for the corona machines. Klein said he can rent space in China to stage the machines, but the expansion would allow him to do it here.

Expanding his building would bring it under the city's sprinkler code, however, and the fire department recommended he install the sprinklers. He is appealing that request to the variance board.

Klein said the sprinklers are unnecessary for his business, which employs less than a dozen people, and too costly for him to stay in business. Fire officials said the sprinkler ordinance is in place to save lives of building occupants and firefighters.

Klein said he is appealing the sprinkler recommendation on the basis that he stores aluminum powder to conduct electricity in the corona machines. The powder can become volatile if it comes into contact with water, Klein said.

"It's a very volatile situation," Klein added. "The safety of my employees doesn't allow me to put in a sprinkler system."

Klein said a chemical sprinkler system also is out of the question, because of the high voltage used in the building.

Klein founded the company in 1988 with his wife, Jeannine, in Milwaukee and moved to Portage 12 years ago.

The city still is studying its sprinkler ordinance after the Common Council failed to change the law after prompting by Klein and Mayor Ken Jahn. City employees are comparing the code to other municipalities and a committee is scheduled to talk about it later this month.

Jahn said the ordinance could be a hindrance to some businesses pondering building in Portage by adding an expense. He said the study of the sprinkler ordinance is tied to all current and potential city businesses, not just QC.

"It's not just based on the Kleins," Jahn said. "It's based on the whole community."

Klein said he bought rotating billboard space in the city from Lamar Advertising Co. attacking the sprinkler ordinance. The first spot will appear on Highway 16 in front of the National Guard armory and will read, "Stop destroying economic development - get rid of the sprinkler ordinance, sponsored by QC Electronics," Klein said Tuesday.

The billboard was to go up this week but has been delayed to an unknown start date, Klein said. The message will appear in other spots around the city, including downtown near the Portage Canal, Klein said.

"We're hoping it shakes people up," Klein said, adding that he may fund the billboard until his plight is changed. "If they never change the fire code, it'll be up forever."

When Klein was told by fire officials he would need sprinklers, he contemplated a move to another municipality and came close to signing a land contract.

Klein wants to expand QC beyond its current 8,500 square feet to 12,000 square feet. That expansion brings it under the city's sprinkler ordinance, which mandates systems in buildings larger than 7,000 square feet for wood construction or 10,000 square feet for non-wood buildings in addition to any place where more than 100 people gather.

Klein said he wants to stay in Portage and fight the sprinkler ordinance, a fight that at one time could have included a lawsuit.

"We were going to turn the lights off and leave," he said. "Our attorneys convinced us to stay and fight."

Klein said he was in the discovery phase of requesting documents form the city about the ordinance, a precursor to a potential lawsuit. He said Tuesday that it would be cheaper for his business to move instead of suing should the variance be turned down.

"We're not going to at this time pursue any legal action," Klein said. "It's more economical for us to lick our wounds and move on."

mcall@capitalnewspapers.com

745-3510