cdstudio
Registered User
Not sure where to start with this. I am an Architect and a building being built next to me has what I consider some major building code violations and I am not sure what I can do about it.
To give some background, the project is on a standard 25x100 lot in a historic district and is in Flood Zone AE. There was an existing 2-story warehouse with 99% coverage on the lot. The building was gutted, new services brought in and an additional 2 stories were added above the existing structure to convert it to a new 4-unit residential building. The project got planning board approval, but the building department says they did not review the project because of a conflict of interest, so the construction official passed to a neighboring municipality. I have requested permit and inspection records from both Cities (via OPRA) weeks ago, but I have not received any information from either one to date. Unfortunately there are some politics involved.
My concerns about the project are:
1) The 2nd means of egress from the upper floors is via ladders (drop down and attached) to a landing that gets to grade via a 22" fire escape stair. This is not allowed in new construction, correct?
2) The final landing and fire escape stair is built over the property line onto a 4' wide easement alley area which is meant to be shared by the other properties on the block. How do you build a required means of egress not on your property? (granted there is an easement for a shared egress passageway at the rear lot line of all the properties on that block, but that doesn't mean they can build structures within it)
3) The building is in flood zone AE, but has a dwelling unit, mechanical, sprinkler and elevator equipment located below the BFE. These are not allowed to be below the base flood elevation, correct?
4) The rear wall of the building is 9" from the rear property line but consists of about 90% windows. No openings are allowed within 3ft from a lot line, correct?
If I am wrong about any of the above points, please let me know. Basically I am not confident that the plans were ever reviewed, permitted or inspected. There are no permits posted. I have informed the officials of my concerns, but I have no way of knowing if or how they plan to address the issues.
I guess my question is, I know that municipalities may have the ability to make some exceptions to code regulation, but on what basis? Is there an avenue to get information on a neighboring project without having to wait for public records? Would I be able to appeal a code enforcement decision on a neighboring property? Who would the appeal go to? The County? State?
To give some background, the project is on a standard 25x100 lot in a historic district and is in Flood Zone AE. There was an existing 2-story warehouse with 99% coverage on the lot. The building was gutted, new services brought in and an additional 2 stories were added above the existing structure to convert it to a new 4-unit residential building. The project got planning board approval, but the building department says they did not review the project because of a conflict of interest, so the construction official passed to a neighboring municipality. I have requested permit and inspection records from both Cities (via OPRA) weeks ago, but I have not received any information from either one to date. Unfortunately there are some politics involved.
My concerns about the project are:
1) The 2nd means of egress from the upper floors is via ladders (drop down and attached) to a landing that gets to grade via a 22" fire escape stair. This is not allowed in new construction, correct?
2) The final landing and fire escape stair is built over the property line onto a 4' wide easement alley area which is meant to be shared by the other properties on the block. How do you build a required means of egress not on your property? (granted there is an easement for a shared egress passageway at the rear lot line of all the properties on that block, but that doesn't mean they can build structures within it)
3) The building is in flood zone AE, but has a dwelling unit, mechanical, sprinkler and elevator equipment located below the BFE. These are not allowed to be below the base flood elevation, correct?
4) The rear wall of the building is 9" from the rear property line but consists of about 90% windows. No openings are allowed within 3ft from a lot line, correct?
If I am wrong about any of the above points, please let me know. Basically I am not confident that the plans were ever reviewed, permitted or inspected. There are no permits posted. I have informed the officials of my concerns, but I have no way of knowing if or how they plan to address the issues.
I guess my question is, I know that municipalities may have the ability to make some exceptions to code regulation, but on what basis? Is there an avenue to get information on a neighboring project without having to wait for public records? Would I be able to appeal a code enforcement decision on a neighboring property? Who would the appeal go to? The County? State?
