Party Held In Arena In Violation Of Code, City Official Claims Unfinished, Uncertified Building Was Site Of Contractors’ Bash

The new Spokane Arena won’t open until mid-September, but it was host to its first event last week: a private birthday bash for the two builders and 600 of their friends.

Guests feasted on catered barbecue and beer June 30 in honor of Tim Welsh and Frank Etter, the Garco Construction principals who celebrated 50th birthdays five days apart.

The problem is, according to a city official, the affair violated Spokane’s building code.

The $45 million, 12,000-seat arena has not been certified as safe for occupancy and won’t be until Aug. 7. Construction won’t be finished for 10 weeks.

According to the Uniform Building Code, a national standard: “No building or structure shall be used or occupied until the building official has issued a certificate of occupancy.”

Welsh said there was no intent to break the law and that no one was exposed to safety hazards. Even though the building belongs to the public, Welsh said Garco still has legal control of the property until the occupancy permit is issued.

The birthday party is nobody’s business, he added, and any complaints are “sour grapes” from people who weren’t invited.

But city building official David Nakagawara doesn’t see it that way.

He said he will meet with officials of the Spokane Public Facilities District, the public entity that ultimately will own the arena on behalf of taxpayers, to prevent violations.

“That’s something the contractor should have known: You don’t occupy a building without a C.O. (certificate of occupancy),” said Nakagawara. “I think it’s a valid concern.”

Welsh, who founded Garco 18 years ago, said he was unaware of the occupancy requirement.

The firm often holds construction parties before a project is finished, he said, and assumes all financial liability through its insurance carrier.

Jim Ray, chairman of the Public Facilities District, attended the event and said other board members knew about it. Although there was no formal vote to allow the party, he said the district cleared it with its attorney, Linda Tompkins.

“There’s absolutely no liability on the part of the facilities district,” Ray said. “We’ve checked all this out.”

Tompkins, contacted later Thursday, said she knew nothing of the party but agreed that Garco bore all liability. The arena’s total cost is $60 million, including land and asbestos removal and demolition of the neighboring Spokane Coliseum.

Garco, as the general contractor, built its largest project ever on time and on budget, a huge accomplishment, arena supporters say.

Welsh said that in addition to the birthday party for himself and partner Etter, the event was a chance for hundreds of friends to preview the arena.

“We had a good time,” he said. “Everyone was very favorable.”

City code contains no penalty for occupying a building without a permit, Nakagawara said.

“Since it’s been done already, I don’t know what we can do about it,” he said. “We’d like to definitely approach the contractor and discuss this issue so it doesn’t occur in the future.”

Garco paid $10 to the state Liquor Control Board for a banquet permit to allow dispensing of free alcohol in a public place by a private party. State board spokesman Carter Mitchell said no state laws were violated and that it’s a local matter.

Longhorn Barbecue East catered the event, which was held on the arena’s concrete floor.

Guests were given guided tours on the concourse level and in the luxury suites. Since there was no active construction during the 6-10 p.m. event, hard hats were not required.

When the arena opens, the typical one-day rental fee will be $4,000 or 12 percent of gross receipts.

“We certainly didn’t think we were doing anything illegal,” Welsh said, “or anything that wasn’t in the best interest of Spokane.”

, DataTimes