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What happens if a city approves a deck that seems to violate fire codes

A balcony is an extension of the floor with no additional supports
A deck is supported by the structure and additional supports

I would not classify this as a balcony
 
Jane said:
If only - the HOA have jurisdiction of the front yard and you can bet I'd be fined for that. Maybe name and shame on twitter since my neighbor is planning a POTUS run :)
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Ok find all the opponents and ship them info and plenty of pictures
 
mtlogcabin said:
A balcony is an extension of the floor with no additional supports
A deck is supported by the structure and additional supports

I would not classify this as a balcony
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I agree. I have balconies on my rental condo and they are nothing like this.
 
e hilton said:
With regard to you being late with the zoning appeal ... i assume you have kept copies of all your emails to the city and the responses ... can you document that you raised the issue before the deadline?
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Yes I have and I can. I asked them to issue a stop work order in an email outlining the violations that I knew of within a few days of construction starting. Will this help me?
 
Wow 100 replies!!!!

I think you have the record.

I know it cost money, but have you had a chance to talk to those building code Attorneys?

Maybe they need some pro bono work??
 
I'm really appreciative of all the suggestions and I've been overwhelmed by all the responses! I filled out a form for these attorneys and I also left a message. So far I haven't heard anything but maybe it was a busy day for them...
 
cda said:
Also write to every council person

Sometimes you find a good one.


And the media
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I found a council member who is taking this seriously! This is the email he copied to the city ombudsman and a few others today:

Bill,

Constituent Jane Loftus called me a few days ago and indicated that she believes a patio recently constructed in her neighbor's backyard does not comply with city Code or with fire codes (see her e-mail below and attached picture). I spoke briefly with Gary McGinn yesterday about this and he indicated that this is a permitting issue that now falls under your jurisdiction as Provo's new Director of Development Services. My understanding is that Jane has been a good citizen of Provo for many years and has no intent to harm or embarrass the city. However, it is clear that she sincerely believes code violations have occurred and that she has gone to considerable effort and expense to seek redress. Consequently, I feel a duty to respectfully ask a few questions in my role as a member of the body with executive oversight responsibilities.

Do you believe that a violation of either zoning code or fire code has occurred? If not, would your department please clearly communicate to Jane why the city is confident that the structure as built complies with relevant codes.

If you believe a violation has occurred, would you please communicate what the city will do to rectify the violation and/or options that Jane may have to seek redress?

Thank you!

Dave S


Fingers crossed :)
 
Jane said:
I found a council member who is taking this seriously! This is the email he copied to the city ombudsman and a few others today:

Bill,

Constituent Jane Loftus called me a few days ago and indicated that she believes a patio recently constructed in her neighbor's backyard does not comply with city Code or with fire codes (see her e-mail below and attached picture). I spoke briefly with Gary McGinn yesterday about this and he indicated that this is a permitting issue that now falls under your jurisdiction as Provo's new Director of Development Services. My understanding is that Jane has been a good citizen of Provo for many years and has no intent to harm or embarrass the city. However, it is clear that she sincerely believes code violations have occurred and that she has gone to considerable effort and expense to seek redress. Consequently, I feel a duty to respectfully ask a few questions in my role as a member of the body with executive oversight responsibilities.

Do you believe that a violation of either zoning code or fire code has occurred? If not, would your department please clearly communicate to Jane why the city is confident that the structure as built complies with relevant codes.

If you believe a violation has occurred, would you please communicate what the city will do to rectify the violation and/or options that Jane may have to seek redress?

Thank you!

Dave S


Fingers crossed :)
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Yea

Sometimes you have to call everyone in the phone book,,,

To find someone with common sense!!!!!
 
cda said:
So can we ask what you are a Professor of???

Psychology by chance?
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LOL - I wish it was psychology as then I might have recognized the City's tricks. I actually am a professor of mathematics - fortunately this semester I have a flexible schedule which meant I could deal with this deck mess :) I'm just so glad that this forum is here to help me navigate the craziness and complexity of the zoning world!
 
Point of clarification: councilman refers to it as a patio (typically at grade?), not a deck (typically above grade?); is this only semantics or ?
 
ADAguy said:
Point of clarification: councilman refers to it as a patio (typically at grade?), not a deck (typically above grade?); is this only semantics or ?
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He uses "patio" because that is what the building permit was issued on the basis of. This "thing" does not fit the definition of a patio by Provo city coding as a patio can only be 30" above grade whereas this structure ( it seems to best fit the definition of an "accessory structure") is 6 feet tall at the base.
 
Jane said:
Is it not considered a "projection"?
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In my opinion, no. It is of my opinion it is a deck.

The major issues are setbacks which are generally ZONING. The building code generally increases the fire ratings the closer you get to property lines, not that you can't built up to them. If you couldn't built up to property lines you wouldn't have duplexes, townhouses, ect.

Unfortunately your situation is mostly going to be zoning and local, not building or fire code violation.
 
ADAguy said:
Her point is that you can't / shouldn't be tying "it" to a neighbors wall.
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Might by wrong ... but going back to the beginning and reading again ... it is attached to the house of its owner, and comes close to the prop line. Doesn’t cross any prop lines or attach to any structures of neighbors.
 
Remember the A/C. If I am correct and there is a compressor under the lumber not a patio...not a balcony....well then there's bound to be a few code violations with that.
 
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