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Inspector is Claiming I need Interior Fire Protection

C

COpolebarn

REGISTERED
Joined
Jan 12, 2021
Messages
5
Location
Colorado
I am almost done building my Pole Barn in Colorado and during a recent from the building inspector he noted I am within the 5' setbacks. He measured 4'11" from the property line so he said because of that my detached garage must have fire proof drywall on the interior wall of just that side. I have scoured the 2018 ICC building codes which is what my city and of course the answer seems very hazy. The building is constructed with a metal roof, vinyl siding, 3/4 OSB sheathing thats sub floor with a vapor barrier and then 2x4 girts and 2x6 3 ply laminated columns. After reading the codes it seems that I possibly should not have to have interior fire protection since the exterior meets the standards. Any help would be appreciated the inspectors have been seeming to try and throw road block after road block at me.
 
So were plans submitted to the city?

Do they show the location of the wall in regards to the property line?

Does this building set on your houses land?

How does he know where the true property line is located??
 
Did the inspector give you a section of code requiring this??

If not ask the inspector nicely for one,,,, so you can review it,,, and also post the section here.
 
cda said:
Did the inspector give you a section of code requiring this??

If not ask the inspector nicely for one,,,, so you can review it,,, and also post the section h
Click to expand...

Plans were submitted to city and the plans indicated 5' from property line and according to him I am 1" over. Yes this building sits on my houses land completely which irritates me that I should even have a setback because what's the point of "owning" land if there is a 5' strip all the way around that I cannot do anything with other than let grass grow. The property line is known because of the concrete wall that separates my property from my neighbors. I went to locate the original pins and the corner nearest to the barn had the pin removed by the city when they installed a manhole in the "easement" between the neighbor on my west boundary and it was never replaced so I feel like the City should pay the minimum of $500 locating fee to have a pin reinstalled but when I called and asked a year ago they never got back to me. No the inspector did not provide me with a code, I will ask him for one but they always respond that they can't give advice, its very frustrating.
 
A wall does not make a property line.

An offical survey does. One option.

Does any survey you already have show the concrete wall in relation to the property line.

Requesting the violation section is not giving advice.

The inspector is basically required to cite the section you are in violation of.

If cannot cite one, than there is no violation

Kind of like a police officer pulling you over and giving you a ticket, but not giving you a reason why.

Get the code reference

Is this a one horse town or do they have a boss??

If a boss have you had any interaction with him.

Did you do the building or hire someone?
 
IS the entire length of the building wall with in the so called five feet, or a part of it?
 
cda said:
A wall does not make a property line.

An offical survey does. One option.

Does any survey you already have show the concrete wall in relation to the property line.

Requesting the violation section is not giving advice.

The inspector is basically required to cite the section you are in violation of.

If cannot cite one, than there is no violation

Kind of like a police officer pulling you over and giving you a ticket, but not giving you a reason why.

Get the code reference

Is this a one horse town or do they have a boss??

If a boss have you had any interaction with him.

Did you do the building or hire someone?
Click to expand...
An official survey would cost substantially more than the installation of the drywall thats why I havent done that yet. No survey that I have seen shows the wall but I did locate the pin on the other 3 corners and the wall seems to be close to correct but without the 4th pin which the city removed and never replaced it makes it alot harder to be exact and I only need an inch. I will ask the inspector to cite the code I am violating and re-post. Its a pretty small town and they use a 3rd party inspection service, some of the inspectors are laid back and work with you the other 2 that have come have provided no help, last week one showed up took a 3 second look said he noticed a failure and tried to run off, I had to flip out for him just to tell me what it was that even failed. I have been in talks with the "boss" and it seems like he just tries to provide the most bare minimum least helpful response its getting extremely frustrating. And according to the inspector the entire length of the wall is 1" over the 5' set back
 
The violation is Rule R302.1 of 2018 International Residential Building Code here is a link to the rules

CHAPTER 6 TYPES OF CONSTRUCTION - 2018 INTERNATIONAL BUILDING CODE (IBC)

ICC Digital Codes is the largest provider of model codes, custom codes and standards used worldwide to construct safe, sustainable, affordable and resilient structures.
codes.iccsafe.org codes.iccsafe.org

So do i only have to have fire rating for portion of wall that is within the 5 feet or because the outer portion of the wall falls within the 5 feet now the entire wall structure has to adhere to those guidelines?
 
I don't know about Colorado but in CA the 1 hour protection needs to be on BOTH sides of the wall if less than 5' from property line. For what it's worth, I had a city accept a 5' dimension from the face of the foundation.....not the siding.
 
Robert said:
I don't know about Colorado but in CA the 1 hour protection needs to be on BOTH sides of the wall if less than 5' from property line. For what it's worth, I had a city accept a 5' dimension from the face of the foundation.....not the siding.
Click to expand...
From what I hearing youre correct its the entire exterior wall not just the exterior of the wall, I am going to try and make an appeal with the building department and if they dont go for that I will just spray a coat of fire retardant paint on that side of the building
 
Negotiate POLITELY! Funny this should happen in Colorado, about 10 years ago on the front range an entire development ran into the same problem. After about 15 houses had been built an Inspector put a tape between the buildings and behold it was about 9’-10” because of the same problem you have. The buildings were dimensioned to the foundation and after adding the sheathing and the siding the buildings were too close. If all he wants is the gypsum board, get it in writing and do it. As with the front range case it was a failure by both parties. If your polite I hope things work out. Let this be a cautionary note to all my other Architect colleagues.

Ken
 
Suggest check with county to see if they have a survey of your property and neighbor

See if it shows where the wall is

From the marker you have/ can see , how far is the wall away???

Did a city inspector inspect the foundation when it was poured???built ?

If so why was it not caught than??? A little ammo to get an inch
 
How tall is the concrete wall? If it is 6 ft or more you could try and make the case that the concrete wall provides the fire protection between the properties. Or claim the wall is all on your property or the property line runs down the middle of the wall either way you get your inch.
I believe it is illegal to remove a surveyors pin so if the city did this and did not provide an offset pin as a replacement due to the new manhole location you could take it up the ladder to the city attorney if you can't resolve the one inch with the building department/inspector. Chances should be in your favor the attorney will advise them to drop it.

Remember code requirements that end in 0 or 5 are arbitrary numbers that code geeks agreed upon and not based on science or real world studies
 
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My initial reaction to this persons story was that it's just that...a story. I find it difficult to believe that an inspector would do what we are being told. Were it me, I would be laughed out of the office. Were it a co-worker, they would be stained for life.

The distance to the property line is measured at the foundation inspection. The tolerance is a bit more than 1.38%. I wouldn't cause form-work to be relocated for one inch. By the way, who makes "fireproof drywall".

Ya this story is bullshlt! You guys have been duped.
 
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1" over? Inspector needs to get a grip on reality. Yes the code does require a rated wall within 5 feet of the property line. I am not sure about other inspectors that do this kind of inspection but our inspectors are NOT surveyors. 1" is within acceptable tolerances to move along. JMHO
 
Sifu said:
I would use my "special" tape measure.
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Do you remember the movie “Tin Men” with Danny Devito? Aluminum siding salesmen. He had a folding ruler that he used to measure houses for estimates, he had removed several inches in the middle and he kept his hand over the joint so customers couldn’t see it.
 
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